Stitchclip Terms of Service
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
- Ownership; Use License
The materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Materials, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You are able to add certain Content to your videos that is not owned by Stitchclip. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Stitchclip’s) rights.
You understand that Company owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Anything you submit or otherwise provide through the Services is your “User Material” and as between you and Stitchclip, you own the User Material. You hereby grant Stitchclip a non-exclusive, perpetual, royalty-free, fully paid-up, sublicensable, worldwide license to use the User Material in order to provide the Services to you.
You may only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.
This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the Content except as Stitchclip allows;
- attempt to decompile or reverse engineer any software contained in the Services;
- remove any copyright or other proprietary notations from the Content; or
- use the Services in any way that:
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content;
Your license to use the Services shall automatically terminate if you violate any of these restrictions and, in addition, may be terminated by Stitchclip at any time in its sole discretion.
- Use of Stitchclip iPhone Application
These Terms apply to your use of all the Services, including the iPhone application available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and Stitchclip acknowledge that the Terms are concluded between you and Stitchclip only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Stitchclip, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Stitchclip, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Stitchclip acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Stitchclip acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
The Services are provided on an “as is” basis. Stitchclip makes no warranties, expressed or implied, and hereby disclaims all warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.
You are responsible for all User Materials you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to contribute and exploit the User Materials.
In no event shall Stitchclip or its suppliers be liable for (i) indirect damages (including, without limitation, damages for loss of data or profit, or due to business interruption); or (ii) direct damages arising out of the Services in excess of $100. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Stitchclip has not reviewed all of the sites linked through the Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Stitchclip of the site. Use of any such linked website is at the user’s own risk.
Stitchclip may revise these Terms at any time without notice, but if we do, we will bring it to your attention by placing a notice on stitchclip.com, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
- Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the courts in New York City, New York.