We the folks at Outclip run a video collaboration service called Outclip and would love for you to use it. CheckOutclip.com's basic service is free. Our service is designed to give you as much control and ownership over what goes into your workspace as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, or serious threats of violence) appear in material you post. If you find material that you believe violates these Terms of Service, please write to our support team.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Outclip, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. Use of our Services requires a CheckOutclip.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
If you create an account or workspace on CheckOutclip.com, you are responsible for maintaining the security of your account or workspace, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the workspace. You must immediately notify Outclip of any unauthorized uses of your workspace, your account, or any other breaches of security. Outclip will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a workspace, a group, comment on a video, post video to CheckOutclip.com, post links on CheckOutclip.com, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. You're fully responsible for your Outclip Content. It's your responsibility to ensure that your workspace's Content abides by applicable laws and by these Terms. We don't actively review the Outclip Content. By using CheckOutclip.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines . If you delete Content, Outclip will use reasonable efforts to remove it from CheckOutclip.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Outclip has the right (though not the obligation) to, in Outclip’s sole discretion, (i) reclaim your username or workspace's URL due to prolonged inactivity, (ii) refuse or remove any content that, in Outclip’s reasonable opinion, violates any Outclip policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of CheckOutclip.com to any individual or entity for any reason. Outclip will have no obligation to provide a refund of any amounts previously paid. We may also scan Outclip Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the Outclip service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your Outclip Content, to the extent necessary to operate the Outclip service. These Terms don't give us any rights in your Outclip Content, beyond those we need to operate Outclip. You own your Outclip Content.
When using Outclip, you agree not to:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CheckOutclip.com links, and that link to CheckOutclip.com. Outclip does not have any control over those non-CheckOutclip.com websites, and is not responsible for their contents or their use. By linking to a non-CheckOutclip.com website, Outclip does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Outclip disclaims any responsibility for any harm resulting from your use of non-CheckOutclip.com websites and webpages.
This Agreement does not transfer from Outclip to you any Outclip or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Outclip. Outclip, CheckOutclip, CheckOutclip.com, the CheckOutclip.com logo, and all other trademarks, service marks, graphics and logos used in connection with CheckOutclip.com or our Services, are trademarks or registered trademarks of Outclip or Outclip's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Outclip or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Outclip may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CheckOutclip.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided "as is." Outclip and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Outclip nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will Outclip, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Outclip under this Agreement during the twelve (12) month period prior to the cause of action. Outclip shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Outclip reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Outclip, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Outclip and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Outclip, or by the posting by Outclip of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Outclip may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The above terms of service were adapted from the terms of service released by Automattic Inc. under Creative Commons Attribution-ShareAlike 4.0 International license.