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Clipmarks User Agreement
By using our Software or Site, you agree to comply with this Agreement.
How our Software works
When you install the Clipmarks Software, the Clip Button will appear in your web browser and provide you with the ability to Clip -- highlight and select online Content, including text, images, video and other types of information. You can add your own Tags (keyword identifiers that relate to the Clip) and a title to each piece of Content and save them on our servers as a Clipmarks Clip. You may save Clips and share them with others online on the Clipmarks Site or any other site. You may add Commentary to Clips that you post or that others have posted and Pop other user's Clips. Popping a Clip increases the chances that others will see it and helps determine which Clips become Popular.
To access and use the Software and Site, you must have equipment necessary to access the Web (e.g. through an Internet Service Provider) and pay any related access fees.
As we enhance the Software and Site, we may require that you install new versions. We also may suspend or discontinue the Software or site, or any portion thereof, with or without notice.
If you have comments, questions or concerns regarding the Software or Site, contact user support at email@example.com. If you share ideas with us, we may use them (with our thanks but without owing you further compensation).
You are responsible for:
What you Clip and how you share it. We respect the intellectual property rights of others and ask that you do the same (see the Clipmarks Copyright Policy, which you acknowledge to have read, understood and accepted). We assume no responsibility or liability for your activity in connection with the Software or Site. You must make your own determination as to whether what you Clip, create or copy and how you share it violates anyone's rights (including copyright) or any laws or any contractual or fiduciary relationship (such as insider information or proprietary or confidential information learned or disclosed to you under an obligation of confidentiality). Neither we nor the Copyright Office can determine for you whether a particular use of another's copyrighted content is fair but the Office's factsheet on the topic can be found at www.copyright.gov/fls/fl102.html In creating Clips, Tags, Titles or Commentary, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable right to use, reproduce, distribute, transmit, disseminate, display, publish, modify, perform and create derivative works thereof (in whole or in part) worldwide and to incorporate them into other works in any form, media or technology now known or later developed.
What you view. Although we prohibit the posting of objectionable content (see below), we do not prescreen content (such as Clips, Tags, Titles or Commentary) other than attempting to automatically filter out pornographic material. Using the Site may expose you to content that you find objectionable, inappropriate or offensive, and posted content might be inaccurate, false or misleading. You agree that your use of the Site and Software is at your own risk and that we are not responsible or liable for any harm resulting from such use.
Your Username and Password. Your Username will also be your alias on the Site and will be associated with all of your activity on the Site, including Clips that you create, Pop or save. We may require you to change your Username if we determine that it is offensive. You are fully responsible for maintaining the confidentiality of your Password, for ensuring that you logout at the end of each session, and for all activities that occur on the Site under your Username. You must notify us of any unauthorized use of your Username or Password or any other breach of security.
Your Profile Image. You will have the opportunity to upload a profile image. This image will appear next to your Username each time your Username appears on the Site.
Providing us accurate registration information. We will use your email address as part of the registration process, to respond to your customer support inquiries and forgotten password requests, to keep you informed about updates to the Software and Site, and as authorized by the Clipmarks Copyright Policy (which you acknowledge to have read, understood and accepted).
Ensuring that you are at least 13 years old. You may not register or use the Site or Software if you are not at least 13 years old.
For our part, we:
Grant you a license to use the Software and Site. This license is limited (for your personal, non-commercial use only), revocable, non-transferable and non-exclusive. We can change the functionality of the Software and Site as we wish. If we terminate your account, this license is revoked automatically and immediately.
May remove content. We may, but have no obligation to, remove, make private, restrict access to, block or mark as Mature, Clips, Commentary, Tags, Titles or other content stored on our servers that we believe to be, or a third party believes to be, offensive, posted in breach of an obligation, unlawful or infringing, or that were created by certain users, come from specific web pages or sites, or contain certain Tags or content, or for any other reason. We may also provide Users with site moderation privileges to do some or all of the above.
May gather information, including metadata, text and the URL, from source pages from which you Clip.
Do not bundle third party software but may include third party advertisements and other content on the Site.
May terminate or disable your account at our discretion for any reason, including, but not limited to, if you violate this Agreement. If we notify you that we have terminated your account, you agree to uninstall the Software immediately (see FAQs). All provisions relating to proprietary rights and liability shall survive termination of this Agreement.
In exchange, you agree not to:
Clip or make use of Clips in a way that violates anyone's copyrights or other rights. See above. You agree not to use the Software or Site to upload, post, transmit or otherwise disseminate content or other data that (1) you do not have the right to transmit under any law or any contractual or fiduciary relationship, (2) infringes any intellectual property rights of another, or (3) that is unlawful, harmful, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, pornographic, abusive, threatening, or otherwise objectionable.
Violate our rights in the Software or Site. You may not (1) sublicense, sell, rent, lease, transfer, reproduce, modify, publish, publicly display, distribute, adapt, translate, create derivative works of, or exploit any right in any portion of the Software or Site, including the ClipButton, (2) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Site or obtain the intellectual property, trade secrets or other proprietary information embodied in the Software or Site, (3) remove, obscure, or alter any copyright, trademark or other proprietary notice embedded in, affixed to or accessed via the Software or Site, (4) damage, disable, overburden, interfere with, disrupt or impair the Software or Site, or servers or networks connected to the Software or Site in any manner, including using the Software or Site in an automated manner, (5) modify, adapt or hack the Site or any other website so as to imply falsely that it is associated with Clipmarks, Clipmarks, the Site or the Software.
Our legal rights
NO WARRANTY. Clipmarks (DBA CLIPMARKS), ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES AND AGENTS (FOR THE PURPOSES OF THIS LEGAL RIGHTS SECTION, WE) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SOFTWARE OR SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1) THE SOFTWARE AND SITE ARE PROVIDED ON AN ÒAS ISÓ AND ÒAS AVAILABLEÓ BASIS WITH NO WARRANTIES WHATSOEVER, 2) WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE AND SITE, INCLUDING THAT THE SOFTWARE AND SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE AND SITE WILL BE UNINTERRUPTED AND ERROR FREE, 3) YOU INSTALL THE SOFTWARE AND USE THE SOFTWARE AND SITE AT YOUR OWN RISK AND DISCRETION, AND 4) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND SITE
LIMITATION ON OUR LIABILITY. WE WILL NOT BE LIABLE TO YOU OR A THIRD PARTY, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID US FOR USE OF THE SOFTWARE AND SITE.
You Indemnify Us. You agree to indemnify, defend and hold us harmless from and against any and all claims, lawsuits, demands, actions or other proceedings brought against us by any third party due to, arising out of or related to your use of the Software and Site, your violation of this Agreement, any law or regulation or any third party rights. You agree to pay any and all costs, damages and expenses, including reasonable attorneys fees, awarded against or otherwise incurred by us in connection with such proceedings.
Our Intellectual Property. Clipmarks owns all right, title and interest in and to the Software and Site and the intellectual property rights (including trademark rights, patent rights, copyright rights, trade secret rights and any other proprietary rights) therein, and you acknowledge that ownership and that the limited license we grant you does not convey or transfer any ownership to you. CLIPMARKS and Amplify are trademarks of Clipmarks. Patents are issued and pending in the United States and other jurisdictions.
Enforcement. You agree that all legal issues arising from or related to the use of this Software and Site shall be construed in accordance with the laws of the State of New York applicable to contracts entered into and wholly to be performed within New York and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of another party. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. You further agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. Despite the foregoing arbitration requirement, Clipmarks may seek temporary or permanent injunctive relief in any court of competent jurisdiction to prohibit you from violating this Agreement. Notwithstanding the applicable law on statute of limitations, demand for arbitration with the AAA must be filed within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim, and there shall be no right to any remedy for any arbitrable claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.) You consent to the personal jurisdiction and venue in the state and federal courts sitting in the State of New York. In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The failure by us to exercise rights granted to us hereunder upon the occurrence of any violations set forth in this agreement shall not constitute a waiver of such rights upon the recurrence of such violation.
Portions of this web site and/or the Clipmarks(TM) clipping tool are or may be covered by United States Patent Numbers 7216290, 7278092.