1. Service Overview: ClipClash Inc. (“ClipClash ”) operates and owns all rights to clipclash.com, a website that allows You to participate in managing an online music video channel. This Agreement constitutes a binding understanding between the User (“You”), an individual over the age of 13 who is capable of entering into a definite agreement or the legal guardian of a person under 13 years of age and ClipClash .
1.1. About ClipClash: ClipClash is a duly incorporated Company.
1.2. Amending or Terminating the Service and This Agreement: ClipClash may amend the Service of this Agreement at any time, provided Users are given a prior notice of 14 days before such amendment comes into effect. ClipClash may terminate this Agreement with all Users or any user, for any reason or no reason, at its full discretion and without any prior written notice.
1.3. Definitions: In this Agreement, the following terms shall have the following meaning:
1.3.1. Content: Any virtual or intellectual property conveyed by Users to Services of ClipClash.
1.3.2. Channel Administrator: A User appointed by ClipClash or employed by ClipClash, whose position is to maintain the fair and equal operation of Services.
1.3.3. Virtual Currency : Any virtual assets, including virtual earnings, virtual goods, virtual possessions, virtual credits or any other intangible goods which, excluding virtual money, are used in Services.
1.3.4. User Account: The username and password for any User in Services, including all of the User Account’s personal profile data, the User’s channels and clip and Virtual Currency.
1.3.5. Users and User: All legal and real persons bound by this agreement, defined by holding a User Account in Services.
1.3.6. Premium Users: Users who have paid ClipClash to become subscribers or have otherwise made any purchases from ClipClash within the last 90 days.
1.3.7. Services: All content and services supplied by clipclash.com, including any objects, pages, software and intellectual property stored on said sites, including any other software downloaded from websites to Your computer.
2. General Terms and Conditions: The whole use of Services, including Applications within Services, shall be governed by the following terms.
2.1. Eligibility: You hereby state that You are a real legal person over the age of 13, or a legal guardian of a person younger than 13 years of age, not residing in any proscribed country or entity, and who is not declared insolvent, bankrupt or liquidated.
2.1.1. Authentication: When registering for Services, You shall receive an email with Your User Account details. Such message contains both Your name and password and may be sent unencrypted. Should You wish to increase Your security, You should change Your User Account password immediately after registration.
2.1.2. Accurate and Secret Information: You shall provide ClipClash only with accurate information about yourself and shall keep Your User Account information, including password and other login information in utmost secrecy and shall be liable to any damage, direct or indirect arising from the misuse of Your User Account. Should You find that any personal information regarding Your User Account has been violated or disclosed, You shall immediately and without any delay (1) notify ClipClash of any unauthorized use of Your password and User Account; and (2) make intentional efforts to ensure that no other party misuses Your User Account thereafter.
2.2. User Conduct: When using Services, You agree to participate in any conversation, contribution or conduct in a friendly and courteous manner, without inciting hate or maliciously attempt to circumvent any other User’s participation. Moreover, You agree not to use Your User Account to:
2.2.1. Fraud: Participate in any activity meant for fraud or to encourage other Users to convey funds, Virtual Currency or other assets into Your possession. You shall not use automated processes, scripts or macros during gameplay. You shall not employ any script based on reverse engineering or manipulation of any communication between Yourself and Services.
2.2.2. Non-Personal Use: Use Services by more than one person or in order to establish financial or business gain, sell Users and/or User Accounts to third parties. You are forbidden to disclose any User Account details to any 3rd party or to post them in any public location.
2.2.3. Bullying: Use Services in a manner disturbing, harassing or defaming to Users, stalking or depriving Users of any enjoyment of using Services in a manner which ClipClash may determine as Bullying.
2.2.4. Loopholes: You shall not attempt to manipulate or circumvent Services or use loopholes in them; furthermore, You shall report any loopholes or means for circumvention immediately to a Channel Administrator.
2.2.5. Violation of Copyright: Use Services in a manner infringing Services and/or any other 3rd party’s copyright, including other Users’ copyright or any other intellectual property right.
2.2.7. Violation of Privacy: Use Services in a manner that deprives any other User’s privacy and/or to publish any private information about any other User or 3rd party.
2.2.8. Policy Enforcement: ClipClash may use administrative tools such as moderation or banning You from activity or enforce Vacations on You, should it reasonably assume that You were in violation of these Terms.
2.3. Title and Goods: You agree and understand that You hold no right to any part of Services, Virtual Currency and/or virtual goods, and that every contribution, purchase or activity, including Content, may be removed at any time. ClipClash may amend the rules and/or remove content, video or any virtual assets at any time at its discretion.
2.4. User-Generated Content: By contributing Content and connecting content from the web to the Channel or User Account, You agree to adhere to ClipClash’s User Conduct Policy and refrain from posting any offensive and not related content.
2.4.1. Copyright: By contributing Content to Services, You hereby grant ClipClash an irrevocable, perpetual, non-limited license to use, display, convey and publish Your Content to Users and other 3rd parties. You, moreover, grant ClipClash a perpetual license to publish and disclose such Content to 3rd parties in order to provide ClipClash’s Services.
2.4.2. Public Chat: You may contribute Content to Public Chat rooms or shout boxes; by contributing Content to chats, You agree and acknowledge that ClipClash may charge Virtual Currency from your account for such contribution and may remove any contribution at its own discretion. You also acknowledge that any contribution to chats may be read by any other users.
188.8.131.52. Offensive Content: You may flag any other User’s contribution, including internal messages, as offensive and allow ClipClash ’s managers to review said contribution. You acknowledge that such report shall not impose liability on any contribution not removed and will not impose any other obligation on ClipClash.
2.4.3. Messages: You may use Services to send messages to users, provided that said messages are used for personal, non-commercial, non-harassing purposes. ClipClash may limit the amount of messages sent per day and may monitor Your use of messaging systems.
184.108.40.206. Spam: You may not use Services to send unsolicited, non-personal messages, promote any business or otherwise encourage Users to make any purchase or subscription.
220.127.116.11. Block, Ignore: You may block specific Users or User group; however, by blocking said Users and/or groups, You acknowledge that such messages will not be received by You and hereby release ClipClash from any damage arising from such block.
18.104.22.168. Delete, No Backup: You acknowledge that any deletion of any message will cause it to be deleted in a manner which may not be restored. ClipClash shall not restore any backup or archive of Your old messages and You should retain physical copies of messages or refrain from using the message system within Services for important messages or or any information which is confidential or published according to law.
22.214.171.124. Automatic Removal: You acknowledge that messages are deleted in automated processes from time to time in order to conserve Services’ system resources.
2.4.4. Usernames: You undertake not to use any offensive username, including copyright-infringing names, names which dilute trademarks or trade names, names that infringe any 3rd party right, names that are considered objectionable or offensive. You acknowledge that Your User Account may be terminated or suspended should You use any offensive username.
2.4.5. Offensive Material: You may not post any Content which may contain or be deemed as (i) profanity, obscenities, sexual context or content, pornographic display or conduct, or initiate sexually-oriented proposals to minors; (ii) requests with sexual orientation, including promotion of dating services and escort services; (iii) slander or defame any User without the User’s prior written consent, or offend, threaten, insult, harass or disturb any User without their prior written consent; (iv) promote illegal activity, including conspiring and/or ganging against other users; (v) initiate any activity involving games of luck, gambling or promotional competitions involving prizes not affiliated with ClipClash; (vi) publish Copyright, Trademark and Patent infringing materials; (vii) publish personally identifiable information, either of yourself or of other users; (viii) initiate political, social, racial, religious or any other intolerant speech; (ix) involve pyramid schemes and/or chain mail; (x) provide links for any commercial and/or promotional business of third parties; (xi) use obscene usernames; (xii) request any other User’s personal User Account information; (xiii) initiate scams; (xiv) post repetitive messages; (xv) inject or post any malicious computer code or binary or any Trojan horse, cross site script or malware to Services; (xvi)any false description or appropriation as to Your affiliation as ClipClash staff or representative; (xvii) any unlawful material or material requiring governmental authorization for transacting information; (xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted or requested; (xix) publish or transmit any Content that You do not have a right to publish or transmit under any law or under contractual or fiduciary relationships (including but not limited to inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xx) interfere with or disrupt the Services or servers or networks connected to Services, or disobey any requirements, procedures, policies, or regulations of networks connected to Services, intentionally or unintentionally.
2.4.6. Moderation and Removal: ClipClash may, at its sole discretion, remove any Content, delay the publication of any Content or amend any Content. You shall have no claim as to ClipClash’s intervention in Content and shall hold ClipClash harmless to any Content moderated, removed, or amended.
2.5. Takedown Notices: Should You encounter any Content which You consider infringing on any of Your rights, You may contact ClipClash at any time and request that such content be removed. ClipClash may remove infringing content at its sole discretion or shall inquire and try to contact the User who posted the Content. Should the User request to leave content intact, ClipClash shall supply You with the contact details of said user, so that You may pursue litigation against said user. By sending ClipClash a takedown notice according to this clause, You waive any claim against ClipClash for any infringement of Your rights by any user.
2.6. Defraud Mechanisms: ClipClash may operate any mechanisms or means in order to police and uphold ClipClash’s policy. Amongst other things, ClipClash may perform audits on User Credit and transactions in Virtual Currency , review Your messages and transactions with other users, check whether You use multiple User Accounts from one IP address, and determine whether You perform any actions which were reported as offensive. Keep in mind that ClipClash retains logs of administrative activity and that Administrators shall not perform any activity in User Accounts.
2.7. Referral Program: ClipClash may operate any Referral Programs that shall provide You with Virtual Currency if You refer to Services any Users that register to the system. ClipClash may determine, at its sole discretion, any Virtual Currency that shall be granted to You should You refer any new users.
2.8.2. Data Collected: ClipClash collects data about Yours and other Users’ activity including aggregated non-personal information, personal information, email addresses, behavioral information and click-stream information. ClipClash also retains certain information regarding transactions and purchases made via Services.
2.8.3. Data Not Collected: ClipClash is working with accordance to international regulation and EU standards of privacy and therefore shall never retain or request any information regarding ethnic origin, political opinions, religious or philosophical beliefs, trade-union or political party membership, personal health, personal sexual preferences or personal sex life. ClipClash shall never retain or request data regarding User passwords or exact geographical location. You should report the Channel Administrator at ClipClash should You encounter any person or electronic service claiming to receive such information immediately.
2.8.4. No Duty To Retain Data: Please keep in mind that though ClipClash has the right to retain this data, it may remove it at any time and from time to time, according to its policies.
2.8.5. Personal Information Collected: ClipClash retains information regarding User behavior and click-stream which may be mined or processed in order to generate non-personally identifiable User profiles or to profile a specific User under a specific non-personally identifiable User profile.
2.8.6. Non-Personal Data: ClipClash logs non-personal information including, but not only, identifying the computer You are browsing from, Your IP address, Your session time and Your visiting time to each webpage.
2.8.8. When is data erased: Your account may be terminated at any time, according to Your request. At Termination, ClipClash shall remove all personally identifiable data it is not required to retain according to law. ClipClash shall never disclose Your personal identity to 3rd Parties and shall never provide them with identifiable personal information without Your consent or without any action on Your behalf. When You make purchases or physical transactions relating to Services, ClipClash may disclose personally identifiable information to the 3rd party with which You transacted. When You make transactions through Services, we may also disclose the existence of such transaction to Users and disclose some information relating to it.
2.8.10. Security: Data is collected and stored on ClipClash’s servers or servers of 3rd parties operating on its behalf. ClipClash’s records which include stored data will not be disclosed to any party unless compelled to do so by a judicial order or law; ClipClash shall use our best efforts to protect this database from any malicious activity and request 3rd parties strict confidentiality regarding use of the data disclosed.
2.8.11. Removal of data: You may view Your User Account details at any time and send ClipClash comments regarding incorrect User information stored on ClipClash’s database; these requests should be made by email to our privacy officer. Should You request to remove all personal information stored about you, please send our privacy officer with such request.
126.96.36.199. ClipClash may refuse to remove, disclose or amend data where You have not supplied with sufficient evidence as to the identity of the requesting party. As ClipClash takes care for the privacy of others, including Users who share the same internet connection and/or computer, it may cause grave harm to disclose personal information without such identification. Also, ClipClash may retain data or refuse to amend it where such amendment was technical and redundant, jeopardizes the privacy of other parties or users, including 3rd parties’ trade secrets and intellectual property or require major technical efforts which are not in proportion with the benefit from amending the data.
2.9. License: You are hereby granted a limited license to run any software downloaded from ClipClash’s website, including flash objects, on Your computer; provided, however, that You may not distribute, amend or otherwise perform any action which is in violation of this agreement. You may not redistribute any portion of Services and You may not frame Services in web pages hosted by you. You may not run Services outside of ClipClash’s website and may not interfere with Services’ transactions.
3. Forums: ClipClash’s forums (“Forums”) are powered by third party bulletin board solution released under the General Public License ( “GPL”). The Forum software only facilitates internet based discussions; the third party shall not be deemed responsible for what ClipClash allows and/or disallows as permissible content and/or conduct.
3.1. Posting Content: You may post Content to Forums, open a new Forum or erase Your Forum, all with accordance to this Agreement, provided, however, that ClipClash may moderate or amend any Content or moderate Your Forum by adding an Administrator on its behalf.
3.2. Accuracy: Forums may include data relating to game play and/or other features in Services. You hereby acknowledge that such data is entered by Users and is not official ClipClash notices, manuals or walk-troughs. ClipClash takes absolutely no responsibility on the accuracy of ANY data posted on Forums.
4. ClipClash Rules: ClipClash is a game based on active participation, community and skill. Your goal is to ultimately become the best Channel operator on the ClipClash Platform, supreme to all others. You must learn to use tactics, view videos, search our system for external video still not connected and connect them before others, use our Virtual Currency to buy and sell the clips into your Channel to aid you in Your quest to become the ultimate Channel on our platform.
4.1. Duration: ClipClash consists of game rounds, which may be determined by each Channel Administrator, or may be played until specific goals set by Channel Administrators are met.
4.2. Eligibility: You may play ClipClash with Your User Account and build several channels with a Premium account. You may not allow 3rd parties to generate channels on Your behalf or for Your benefit. ClipClash may notify Users should it consider You to be in violation of this clause either by attaching an icon to Your Channel or any other means.
4.3. Goal & Prizes: Administrators may set specific Goals, which if You meet, You (or any other User) may receive additional Virtual Currency or any other Prize. The Channel Administrator shall have sole discretion on determining Goals or Prizes. ClipClash may publish Users’ scores at the end of Game’s Round. ClipClash may remove any User from such publication for any reason.
4.4. Virtual Currency: You shall receive Virtual Currency after registration and for different activities done in the platform according to Channel Administrator’s discretion; however, when your channels are deleted or removed due to inactivity or other termination, your Virtual Currency will be terminated as well from your account .
You may purchase Virtual Currency. Such purchase may be made by 3rd party services and with accordance to this Agreement. You may not transfer Virtual Currency or transact with other Users to convey Virtual Currency. You may not convey or transact in any sale or purchase of Purchased Virtual Currency from other players against actual funds.
4.5. Bonuses and Grants: Each Channel Administrator may, at its own discretion, convey Virtual Currency for any User should such User (i) contribute in bug detection or bug fixes; (ii) incur damages from bugs or any violation of this Agreement by other Users. Channel Administrators may also grant general bonuses in Virtual Currency to all Users should specific conditions are met, or a set amount of Virtual Currency shall be purchased.
4.6. Resource Caps: ClipClash may determine resource Caps on Virtual Currency in order to maintain balanced and fun gameplay.
4.7. Further games: ClipClash may operate future channels and games, which will be subject to this Agreement. Should any specific conditions be required to play said games, ClipClash shall incorporate these conditions either in this Agreement or specifically within the Game.
5.1 All prizes will be subject to audit before being processed. You have to provide us copy of your proof of identity, address, copies of credit cards, an approval signed purchase history and/or other appropriate documentation when withdrawing credits. Your proof of identity MUST EXACTLY MATCH with your registered name and surname. If you fail to provide within 2 weeks after we requested or submit fraudulent documentation, your account will be locked and all winnings will be VOID.
5.2 By accepting any prize and/or winnings from ClipClash, you consent to the use of your name and photo for advertising and promotional purposes without additional compensation except where prohibited by law.
5.3 If you have any dispute with regard to any outcome in the Site, you must submit your complaint to ClipClash in writing within fourteen (14) days. In the event of a discrepancy between the result showing on your computer and the ClipClash’s server software, the result showing on the ClipClash ’s server software shall be the official and governing result of the Site.
5.4 You are solely responsible for any applicable taxes on any prizes and/or winnings that you collect from ClipClash.
5.5 ClipClash reserves the right, in its sole discretion and without notice to you, to add new activities or sites to the ClipClash or to discontinue any activity or site of the ClipClash at any time.
5.6 Any and all materials submitted for prize claims become the property of ClipClash and will not be returned. ClipClash is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, or postage due mail, requests, prize claims or entries.
6. General TOS:
6.1. Rates: ClipClash may charge fees for gameplay, Services or any other activity or for any premium activity, including extra Virtual Currency . ClipClash may amend these rates at any time by its sole discretion.
6.2. Payment through 3rd Parties: ClipClash may contract 3rd parties to collect funds and/or payments by users. Payment may be made available either by credit cards, PayPal, premium text messages or premium phone numbers. ClipClash shall not be liable should any payment be delayed or not be conveyed to ClipClash.
6.3. Refund: All payments made according to this Agreement are final. By no cause shall ClipClash reimburse or refund any payments. Should Your User Account be hacked, You will not be refunded for any losses, even if the loss of control results in the deletion of Your User Account. Should You, by any mean or way, revoke or cancel any of Your payments to ClipClash, ClipClash shall be allowed to supply the 3rd party clearing or payment service any information about such transaction; including, but not only, Your email address, Your IP address and Your in-game activity pursuant to such denied transaction.
6.4. Compensation: ClipClash maintains the right to compensate You with Virtual Currency ; however, such decisions are at the sole discretion of ClipClash and shall not be constructed as an obligatory right.
6.5. Advertisements: ClipClash may, at its own discretion and for its causes, include within Services any links for 3rd party websites, advertisements or links for applications (“3rd Party Content”). ClipClash does not warrant for 3rd Party Content or availability thereof nor does it endorse it. ClipClash shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality. Moreover, You agree not to circumvent any 3rd Party Content by any ad blocking software or any other mean.
6.6. Liability: For no case and for no reason shall ClipClash be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any 3rd party due to its lack of performance of duties herein. ClipClash supplies Services on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the use of, or inability to use, Services or services rendered by ClipClash.
6.7. No Warranty: ClipClash does not warrant its Services and supplies it on an “as-is” and “as-available” basis. Your use of Services is at Your own risk and under Your liability. ClipClash makes no warranty that (i) the service will meet Your requirements ,(ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the Use of Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through Services will meet Your expectations, or (v) any errors in the software will be corrected. Any software element or digital file downloaded or otherwise obtained through the use of Services is done at Your own discretion and risk. You are solely responsible for any damage to Your computer system or loss of data or damage to computer machinery results from the download of any such material. No advice or information, whether oral or written, obtained by You from ClipClash and/or through or from Services shall create any warranty not expressly stated in this Agreement.
6.8. Indemnification: You agree to hold ClipClash harmless and to indemnify ClipClash for any lawsuit brought against it by You, Your successors or any other party on Your behalf in contradiction to this Agreement or for any damage to any 3rd party caused by Your conduct. You also agree to indemnify ClipClash for any damage, whether direct or consequential arising from any breach of this agreement, including injection of malicious code, misrepresentation of copyright, trademarks or patents or any other breach of this agreement against any other Users.
6.9. No Supervision: You acknowledge that any supervision of User conduct by ClipClash does not create liability whatsoever and is for statistical purposes and in order to monitor User behavior in general. ClipClash shall not be held liable even if it is aware of User conduct in breach of this agreement.
6.10. Copyright: Services are owned by ClipClash and are protected by copyrights, trademarks, and other intellectual property rights. You may not copy or download any content from Services unless You have express authorization ClipClash to do so. You shall not copy, transmit, modify, distribute, show in public, modify or create any derivative works from the Services or Content, unless ClipClash expressly authorizes You in writing to do so. Making unauthorized copies of any portion of Services or Content may lead to the termination of Your User Account and may subject You to further legal action.
6.11. Translation: ClipClash may allows Users to translate Services to languages, including gameplay definition and other portions of the User interface in Services.
6.11.1. Should You wish to take part in such translation, You hereby agree:
188.8.131.52. Sufficiency and Literacy: You are both literate in English and the language to which You are translating the Services.
184.108.40.206. Grant of License: All Your translations and other contributions shall be deemed as Content according to this Agreement, and ClipClash shall have the perpetual right to distribute, publish, amend, relicense, convey and hold title to all Your contributions. You acknowledge that You may not receive any credit for Your contribution and that Your contributions may be rejected.
220.127.116.11. No Malicious Content: You shall not post content or translations, which are inaccurate or which are considered offensive.
18.104.22.168. Warranty: You will be solely liable to other Users should You translate Services in an offensive or inaccurate manner.
6.11.2. No Warranty: You acknowledge that ClipClash shall not be liable to any User translation of Services and agree to hold ClipClash harmless from any inaccurate translation.
6.11.3. Report offensive: You can report about any offensive translation to ClipClash, and ClipClash shall take proper means to inspect said translation.
6.12. Severability: The provisions of Section 7 of this Agreement shall survive the termination of this Agreement.
6.13. Termination: ClipClash may, at its sole discretion, terminate this Agreement, Services, Application or any other service rendered by it due to any reason, including any fault or malfunction, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if ClipClash believes that You have violated or acted inconsistently with the understandings or spirit of this Agreement or for any reason decided by ClipClash as a cause for termination. ClipClash may also, in its sole discretion and at any time discontinue providing Services, or any part thereof, with or without notice. You agree that any termination of Your access to Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that ClipClash may immediately deactivate or delete Your User Account and all related information and files in Your account and/or bar any further access to such files or the service. Furthermore, You agree that ClipClash shall not be liable to You or any third-party for any termination of Your access to Services.
6.14. Entire Agreement, Waiver: This Agreement constitutes the entire understandings between parties and will only be amended in writing. No waiver on behalf of ClipClash to perform any of its rights under this agreement shall constitute amendments of it.
6.15. Governing Law: This Agreement shall be governed by the laws of Israel including its regulation regarding conflict of laws.
6.16. No Class Action: You undertake not to initiate any class action, for any reason, against ClipClash and to claim Your damages only according to this agreement.
6.17. Jurisdiction: Any conflict arising from this Agreement shall be brought solely to the competent courts of City and Country chosen by ClipClash.