Terms of Service
Updated - 11/10/14

The following Terms of Service (“Terms”) govern your use and access to Didja and Clippit’s mobile applications, website, and services (collectively referred to as “Services” or “Didja” or “Clippit”) and any information, TV clips (defined as “ an abbreviated edit of a TV broadcast”), comments, ratings, favorites, tags, user names, and any other metadata that you add or post using the Services (collectively referred to as “Content”). By using or accessing our Services you agree to be bound by these Terms.

From time to time, we may alter and update these Terms at our sole discretion. Updates to these Terms will appear here with a new “Terms Updated” date, along with links to previous Terms. It is your responsibility to frequently review the Terms as your continued use of our Services confirm your acceptance of the Updated Terms.

Privacy

At Didja, we take your privacy very seriously. We will never give out any information on a specific Clippit user unless by Court order. It is important to note that by using our Services you also agree to be bound by the terms of our Privacy Policy. We recommend frequently reviewing our Privacy Policy to ensure you understand how we collect and use information.

Community

Didja wants to ensure a safe, fun and trusting community environment for all of our users. By using our Services:

1. You will not harass, intimidate, bully, or impersonate other users.
2. You will not threaten other users.
3. You will not solicit or use the login credentials of other users.
4. You will not use the Services for any illegal purpose. 5. You will only use the Services to clip on-the-air TV programs you are legally watching. 6. You will not interfere or disrupt the Services by transmitting viruses, spyware, or any other code of a malicious nature. 7. You will not use the Services to promote hate or discriminatory practices. 8. You will not use the Services to post pornographic or sexually suggestive content. 9. You will not use the Services to solicit or spam other users. 10. You are 13 years old or older.

Content

Didja ensures that you are in control of your Content and any of the information you share. By using our Services:

1. You agree that you are solely responsible for all of your Content, your activity, and your conduct.
2. You agree to be truthful and accurate when creating a Didja Services account.
3. You attest that you are using the Services while you are watching TV from a legal TV service provider in the USA such as a cable, satellite, or over-the-air TV signal, and that you are using the Services to capture, comment on, and share TV clip Content of TV shows you are watching at that time.
4. You agree to not intentionally modify, hack or work-around the Clippit App and Services to illegally distribute any Content available through Clippit that is not a normal part of the Clippit experience.
5. You grant the Services and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, and modify any Content you add or post while using the Services.
6. You understand that we have the right to remove any Content you have posted, without notice, if we determine the Content violates our Terms.
7. You understand that you have the right to remove any Content you have posted, without notice, at any time for any reason.
8. You understand that advertisements may appear around and with your Content while using the Services.
9. You understand that the Services may contain links to third-party advertisers, services, products, sites, and other links are not owned or managed by the Services and if you choose to use these links you do so at your own risk.


Objectionable Content

We will not tolerate or allow objectionable or illegally obtained content. You may not clip any videos or add any comment that contains anything partially nude, nude, infringing, hateful, discriminatory, unlawful, pornographic or sexually suggestive using the Services. If you do, we will take measures to remove the content and will delete your account. We have a flagging system in place whereas our members may flag other members for posting objectionable content. We will be notified if you violate our terms, and thus our team of moderators will delete your account without hesitation.

Termination

You understand that we may terminate your right to use the Services at any time, without notice and at our sole discretion.

Disclaimer

THE DIDJA SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT MAKE ANY REPRESENTATION OR WARRANT THAT THE SERVICES WILL REMAIN SECURE OR FUNCTIONAL WITHOUT POSSIBLE DELAYS, INTERRUPTIONS, ERRORS, EXPOSURE TO VIRUSES, OR COMPLETE LOSS OF ALL CONTENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIDJA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DIDJA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Indemnification

By agreeing to these Terms, you agree to indemnify, defend and hold harmless Didja, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "Didja Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

Governing Law and Venue

These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions not subject to Arbitration.

Didja Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Didja without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Didja and you regarding the Services, and these Terms supersede and replace any prior agreements between Didja and you regarding the Services. If any provision of these Terms is found by a court to be invalid or otherwise unenforceable, the parties agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.