KLIPNOW TERMS & CONDITIONS

FREE SUBSCRIPTION FOR EVERYONE

Welcome everybody to Klipnow Social. You can register to the best website and movies in the world, from entertainment to philanthropic themed films. No credit card required. You will need to provide a verifiable valid email account. After verifying your account on the email sent, and creating your own password you can Login and go to the “MOVIES” menu to start watching today. Still need help?  CONTACT US HERE

KLIPNOW, the ultimate destination for watching and engaging with the world’s best films! We provide our members access to motion pictures streamed over the Internet to computers, iOS and Android mobile devices as well as Internet-connected TV’s, game consoles and set-top boxes. These Terms & Conditions are subject to change without prior written notice at any time, in the company’s sole discretion, and such changes shall apply to any interactions made after such changes are posted. Therefore, you should review these Terms of Service prior to each interaction or registration so you will understand the terms applicable to such transaction. If you do not agree to these Terms & Conditions, do not interact or register. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

By visiting, accessing, or using any of the Klipnow Services, you agree to be bound by these Terms of Use. It is important that you carefully read through these Terms of Use and also whenever we update them or whenever you access or use Klipnow.com. If you have any questions or comments about these Terms of Use, or questions about how to use Klipnow, please visit our Help Center at https://klipnow.com/help-center/ 

Registered Users, Subscribers, Billing and Cancellation

Becoming a Registered User.  You may register as a Klipnow user of the Website free of charge (a “User”). To become a User, submit your username and email address, First and Last name to the Registration form and create a password to complete your account profile. You will need to create your own Social Media Profile to be able to follow and communicate with other users and write movie reviews. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
Your FREE KLIPNOW membership will start the day you open your account, unless and until you cancel your registration. You must have Internet access and provide us with a current, valid email address. By signing up to klipnow.com you automatically opt-in to receive our newsletters, emails and communications. You can cancel to this service at any time.

Cancellation  You may cancel your KLIPNOW membership at any time. If you need any support CONTACT US HERE and we will contact you within 24 hours.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: BY ACCESSING AND/OR USING ANY KLIPNOW SERVICES YOU AND WE AGREE TO BE BOUND BY THESE TERMS OF USE (WITH LIMITED EXCEPTIONS) AND TO RESOLVE ANY DISPUTE BETWEEN US THROUGH A DISPUTE RESOLUTION PROCEDURE DESCRIBED IN SECTION 11 BELOW. YOU AND KLIPNOW WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE REVIEW CAREFULLY SECTION 11 TITLED “INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).

1 CHANGES TO THE TERMS OF USE BY KLIPNOW

Klipnow may modify these Terms of Use at any time by posting the modified Terms of Use on the Klipnow.com (available at https://klipnow.com/terms-of-use/). Any modification to these Terms of Use will be effective upon posting on Klipnow. Your continued access and/or use of Klipnow after any such modification is posted constitutes your acknowledgement and acceptance of the Terms of Use, as modified. If you do not agree to be bound by the modified Terms of Use you may not access or otherwise use Klipnow. Because Klipnow is evolving over time, we may change or discontinue all or any part of Klipnow, at any time and without advance notice, at our sole discretion and without liability to you. Klipnow may also impose limits on certain features and/or Activities offered via Klipnow.com or restrict your access to parts or all of Klipnow without notice or liability.

 

  1. ACCESS AND USE OF KLIPNOW AND CONTENT

                 1. Age Limitations, Restrictions and Account Access.Klipnow is not directed to nor intended to be accessed or used by children under the age of 13. If you are under the age of 13, you are not permitted to access, use, or create an Account to use Klipnow or to otherwise provide your personal information to Klipnow. If you are at least 13 and under 18 years of age, you may use or create an Account with Klipnow only if you have the consent of your parent or guardian, in which case your parent or guardian will be required to consent to these Terms of Use on your behalf. Access to Content, User Content, or Activities may be restricted due to age appropriateness, technical, or other legal considerations determined in Klipnow’s sole discretion. 

         A Passwords & Account Access

  • A USER HAS ACCESS AND CONTROL OVER THE KLIPNOW ACCOUNT. A USER’S CONTROL IS EXERCISED THROUGH USE OF THE USER’S PASSWORD AND THEREFORE TO MAINTAIN EXCLUSIVE CONTROL, THE USER SHOULD NOT REVEAL THE PASSWORD TO ANYONE. IN ADDITION, IF THE USER WISHES TO PROHIBIT OTHERS FROM CONTACTING KLIPNOW CUSTOMER SERVICE AND POTENTIALLY ALTERING THE USER’S CONTROL, THE USER SHOULD NOT REVEAL THE PAYMENT METHOD DETAILS (E.G., LAST FOUR DIGITS OF THEIR CREDIT OR DEBIT CARD) ASSOCIATED WITH THEIR VIDEO ON DEMAND CHARGES. YOU ARE RESPONSIBLE FOR UPDATING AND MAINTAINING THE TRUTH AND ACCURACY OF THE INFORMATION YOU PROVIDE TO US RELATING TO YOUR ACCOUNT.
  • BY SHARING THE KIPNOW SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE USER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS & CONDITIONS AND SUCH USER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
  • YOU SHOULD BE MINDFUL OF ANY COMMUNICATION REQUESTING THAT YOU SUBMIT CREDIT CARD OR OTHER ACCOUNT INFORMATION. PROVIDING YOUR INFORMATION IN RESPONSE TO THESE TYPES OF COMMUNICATIONS CAN RESULT IN IDENTITY THEFT. ALWAYS ACCESS YOUR SENSITIVE ACCOUNT INFORMATION BY GOING DIRECTLY TO THE KLIPNOW WEBSITE AND NOT THROUGH A HYPERLINK IN AN EMAIL OR ANY OTHER ELECTRONIC COMMUNICATION, EVEN IF IT LOOKS OFFICIAL. KLIPNOW RESERVES THE RIGHT TO PLACE ANY ACCOUNT ON HOLD ANYTIME WITH OR WITHOUT NOTIFICATION TO THE MEMBER IN ORDER TO PROTECT ITSELF AND ITS PARTNERS FROM WHAT IT BELIEVES TO BE A FRAUDULENT ACTIVITY. KLIPNOW IS NOT OBLIGATED TO CREDIT OR DISCOUNT A PURCHASE FOR HOLDS PLACED ON THE ACCOUNT BY EITHER A REPRESENTATIVE OF KLIPNOW OR BY THE AUTOMATED PROCESSES OF KLIPNOW. WE WILL NEVER CALL, EMAIL OR TEXT YOU ASKING FOR YOUR CREDIT CARD INFORMATION.

          B Klipnow Limited License. Subject to your compliance with these Terms of Use, Klipnow grants you a limited, revocable, non-exclusive, non-transferable license, with no right to sublicense, to view and use the Klipnow Services, as we have intended, in connection with your permitted use thereof, including (i) accessing and viewing (1) User Content, and (2) Content on a streaming-only basis through the Video Player, and (ii) accessing, using, and/or participating in any Activities, all solely for personal, non-commercial purposes as set forth in these Terms of Use.

          C The Content. The Content is available for permissible viewing on or through Klipnow.com. You may only access and view the Content personally and for non-commercial purposes in compliance with these Terms of Use. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content, Klipnow or any digital rights management mechanism, device, or other content protection or access control measure associated with the Klipnow or the Content, including geo-filtering mechanisms. You may not use technologies to access or use Klipnow or Content from or within territories where Klipnow does not have rights nor offers the Klipnow services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, make available, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Klipnow Services or Content unless expressly permitted by Klipnow in writing. You may not incorporate the Content into, or stream or retransmit the Content via any hardware or software application or make it available via frames or inline links unless expressly permitted by Klipnow in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any portion of the Content unless authorized by Klipnow in writing. You may not seek to develop, build, or otherwise promote a business, product, or service utilizing the Klipnow Services or the Content, whether or not for profit. Klipnow.com and Content covered by these restrictions includes without limitation any text, graphics, layout, interface, technology, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Klipnow or the Content, including without limitation montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Klipnow in writing. The foregoing prohibitions apply even if you intend to give away the derivative materials free of charge.

           D The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.

          E Beta Programs.  

On occasion, Klipnow may choose certain users to test, review, examine, assess, and use certain Klipnow Technologies through a Beta program (“Beta”). At this moment Klipnow is in a public Beta stage as the various elements of the functionality of the platform are confirmed. Klipnow invites any user to send any function, usability or content reviews in anticipation of an official 2025 website release. If you are a producer willing to participate in this public beta test with your movie, please contact us. In case a movie is presented through this platform, and you are an authorized agent behind it and need it to be removed from the system, please contact us.  

You may be required to register for an account or otherwise submit certain personal information in order for Klipnow to identify you, properly determine your eligibility to participate in a Beta, and contact you upon selection for a Beta. Klipnow will select qualified Beta users in its sole discretion. Selection for a Beta program in no way creates an employment relationship between Klipnow and the Beta user and does not entitle the Beta user to any benefits or compensation.

If you participate in a Beta, you must not disclose any information in any form regarding any part of the Beta unless expressly permitted in writing. You may not share, post, blog, send, email, record, summarize, excerpt, or otherwise disclose any part of any Beta, including the sale, resale, copying, or distribution of any access codes or keys to participate in any Beta. Klipnow may collect any and all information submitted as part of the Beta, including, but not limited to, certain personal information, user data, and game-play data. You agree to allow Klipnow to contact you regarding your participation in the Beta and seek your participation in user-group studies and other participatory surveys.

          F Ownership. As between you and Klipnow, Klipnow and/or Klipnow’s licensors exclusively own, control and retain all rights, title, and interest in and to Klipnow Services and the Content, including all associated intellectual property rights. You acknowledge that the Klipnow Services, including without limitation the Content, are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Klipnow Services, including without limitation the Content.

          G Your Responsibilities and Klipnow’s Enforcement Rights. You can access and use the Klipnow Services and Content for lawful personal, non-commercial, and appropriate purposes only. You agree not to engage in any conduct that:a.

                    a. violates the rights of others, including patent, trademark, trade secret, copyright, moral rights or other              intellectual property rights, or rights of privacy, publicity, or other proprietary rights, harasses or harms another individual, impersonates any person or entity, or otherwise misrepresents yourself or your affiliation with any person or entity; or is fraudulent, false, misleading or deceptive;

                    b. uses technology or other means to access, index, frame, search or link to the Klipnow Services (including the Content and/or User Content) that is not expressly authorized by Klipnow; remove, avoid, deactivate, descramble disable, bypass, or circumvent any technological measure implemented by Klipnow, any of Klipnow’s service providers, or any other third party (including another user) to protect Klipnow Services, including without limitation content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Klipnow Services;

                    c. accesses, tampers with, or uses non-public areas of the Klipnow Services, Klipnow’s computer systems, or the technical delivery systems of klipnow’s service providers;

                    d. involves accessing the Klipnow Services (including the Content and/or User Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Klipnow Services, excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);

                    e. uses any meta tags or other hidden text or metadata utilizing a Klipnow trademark, logo, URL, or product name without klipnow’s express written consent;

                    f. access the Klipnow Services, including without limitation Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;

                    g. deciphers, decompiles, disassembles or reverse engineers any of the software used to provide the Klipnow Services;

                   h. interferes with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Klipnow Services;

                    i. introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

                    j. damages, disables, overburdens, impairs, or gains unauthorized access to the Klipnow Services, including Klipnow’s servers, computer network, or user accounts;

                     k. removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Klipnow Services (including the Content and/or User Content);

                     l. uses the Klipnow Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisements, promoting any products or services, solicitation, or spamming;

                    m. probes, scans or tests the vulnerability of any Klipnow Services, including any Klipnow system or network, or breach any security or authentication measures;

                     n. collects or stores personally identifiable information from klipnow Services without Klipnow’s express written authorization;

                      o. violates, or encourages conduct that would violate, any applicable law or regulation, constitute a criminal offense or give rise to civil liability;

                      p. violates these Terms of Use or any guidelines or policies posted by or on behalf of Klipnow, including the Intellectual Property Policy;

                    q. interferes with any other party’s use and enjoyment of the Klipnow Services; or

                    r. encourages or enables any other individual to do any of the foregoing or attempts to do any of the foregoing.

You will not use the Klipnow services, the Klipnow Content, or User Content, including but not limited to any text, photographs, images, audio/video clips, “look and feel,” metadata, or compilations of the Klipnow Service, Content or User Content, for the development of any media, material, entertainment programming, or software program, including, but not limited to, training or otherwise developing a machine learning or artificial intelligence system or algorithm.

We have the right to investigate violations of these Terms of Use or conduct or activity that may affect the Klipnow Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

If Klipnow determines in its sole discretion that you are violating any of these Terms of Use, we may (i) notify you, (ii) use technical measures to block or restrict your access or use of the Klipnow Services, (iii) limit, suspend, or terminate the availability of any Activities, Content, or User Content, (iv) suspend or terminate your Account or access to the Klipnow Services, and/or (v) use any other available legal or equitable remedy. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Klipnow Services, any Activities, Content, or User Content (as applicable), and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

          H Downloads and Additional Terms. Additional software, materials and/or supplemental terms may apply to your use of certain Klipnow Services (“Additional Terms”), which may include terms and conditions relating to Activities. For example, Activities related to voting or contest rules, or accessing certain Content or User Content via the Klipnow Services. Such Additional Terms may also have certain age or geographic restrictions. You are responsible for complying with any such Additional Terms. We will provide any such Additional Terms, including for or related to features of the Klipnow Services that are provided by third parties, to you or post them on the Klipnow Services to which they apply, and they are incorporated by reference into these Terms. If there is a conflict between these Terms and any such Additional Terms, the Additional Terms will control solely for such particular use.

          I Suspension/Discontinuation of Klipnow Services. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Klipnow Services (including any Activities, Content, User Content, and the Apps through which the Klipnow Services are accessed), with respect to any or all users, at any time without notice or liability to you. You acknowledge that Klipnow may do so in Klipnow’s sole discretion. You also agree that Klipnow will not be liable to you for any modification, suspension, or discontinuance of any part of the Klipnow Services.

          J Internet Access Charges. You are responsible for any fees and costs you incur to access the Internet and use the Klipnow Services.

          K Customer Service; Availability. Klipnow provides a wealth of help-related articles in case you are experiencing issues or have questions about the Klipnow Services at the Klipnow Faqs section at https://klipnow.com/faqs/ or at the Help Center at https://klipnow.com/help-center/ . You acknowledge that from time to time the Klipnow Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance which Klipnow may undertake from time to time; or (iii) causes beyond the control of Klipnow or which are not reasonably foreseeable by Klipnow, such as internet outages.

  1. PRIVACY POLICY

Use of the Klipnow Services is governed by the Klipnow Privacy Policy available at https://klipnow.com/privacy-policy/ which is incorporated into and is a part of these Terms of Use by this reference. You acknowledge and agree that your access and/or use of Klipnow Services is subject to our Privacy Policy.

  1. COMPLIANCE WITH POLICIES

While using Klipnow.com, including accessing, using, and/or participating in any Activities, you agree that you will comply with all posted policies, including the Intellectual Property Policy set forth in Section 10 below, as we may update from time to time. Klipnow prohibits disclosing any inappropriate content or information, personal or sensitive information on or through or in connection with the Klipnow Services. Klipnow may at any time, in its sole discretion, remove User Content, disable, limit, or terminate your ability to Post User Content or participate in any Activities, and terminate your Account if you fail to comply with our posted policies.

If you become aware of any misuse of the Klipnow Services, including in violation of these Terms of Use, please report it immediately to Klipnow by reading the “Terms of Use & Privacy Policy,” and providing the details of the issue you’re reporting in the body of the request you submit to us.at this link https://klipnow.com/help-center/ .

  1. USER CONTENT

The Klipnow Services may include opportunities for you to upload, post, transmit, make available or otherwise distribute (“Post” or “Posting”) text, images, audio, video or other content, including Messages (as defined below) and any content that incorporates sound recordings from your personal music library, background noise, and ambient noise (“User Content”) via the Klipnow Services. Except as may be explicitly requested in connection with particular Activities, Klipnow is not requesting, and is unwilling to review any User Content, ideas, or materials relating to or containing characters, storylines, treatments, scripts, artwork, visual or audio-visual content, or other artistic or creative works (whether relating to pre-existing Klipnow properties or not). Except as expressly set forth in these Terms of Use or in a separate written agreement between you and Klipnow, Klipnow does not claim any ownership rights in the User Content that you Post via the Klipnow Services and you will continue to own all rights in and to your User Content, excluding any Feedback or except to the extent your User Content contains or is otherwise derived from materials, content, or elements owned by Klipnow or any of our Affiliates (e.g., characters, trademarks, or other elements or intellectual property created or owned by us). You further understand that you are responsible for all User Content that you Post via the Klipnow Services. Please select the User Content you Post carefully as User Content will be considered non-confidential and non-proprietary. Do not Post any User Content you consider to be confidential or proprietary.

  1. License to User Content. You hereby grant us an unconditional, perpetual, irrevocable, worldwide, royalty-free, fully paid up, sub-licensable through multiple tiers (including through-to-the audience and to other users of the Klipnow Services), transferable, non-exclusive license to use, reproduce, adapt, prepare derivative works based on, publicly display, publicly perform, distribute, incorporate in other works, and/or otherwise exploit, in whole or in part, User Content in any manner, in any format, and on any platform, and in any media now known, or hereafter invented or developed, without further notice to you, and without the requirement of compensation or additional permission from you or any other person or entity. You further hereby grant us a royalty-free license to use your name or username, image, voice, and likeness to identify you as the source of any of your User Content. Your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions imposed by applicable law wherein you reside or are accessing the Klipnow Services.
  2. You represent and warrant that (i) you own all User Content Posted by you via the Klipnow Services, or are otherwise authorized to grant the license above, (ii) you have all the necessary rights, permissions, and clearances from any third party who appears in or has otherwise provided or contributed to any aspect of the User Content, and (iii) your Posting of User Content via the Klipnow Services does not and will not violate nor misappropriate any right of any party, including any privacy rights, publicity rights, and intellectual property rights. You further represent and warrant that your license grant under these Terms of Use will continue to be valid and have full effect, even following any termination of your Account or your use of the Klipnow Services. In addition, you agree to pay for all royalties, fees, and other payments owed to any party, including any guilds or unions, or performing rights organizations, by reason of your Posting User Content via Klipnow Services.
  3. Use and Distribution of User Content. You agree that Klipnow may give you attribution for your User Content, but we are not required to do so. To the extent permitted by applicable law, you hereby waive and agree not to assert any “moral rights” or other proprietary rights in any User Content against us, our Affiliates, our licensees, our representatives, or other users. The rights you grant to us in this Section 5 include but are not limited to the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis.
  4. Public Nature of Klipnow Services. You acknowledge that any User Content you elect to Post is done so voluntarily and you have no expectation of privacy or confidentiality with respect to any User Content you Post, and that no fiduciary relationship exists between us and you or any other party based on the User Content. Although we may offer you the ability to Post User Content anonymously, we may store information related to you or the device you used to Post User Content. We make no guarantees to remove User Content from the Klipnow  Services or other platforms, and we may retain User Content in our backup files, including after termination of your Account.
  5. You are Responsible for Your User Content. You understand that Klipnow does not control User Content Posted by users via the Klipnow Services and, as such, you understand that you may be exposed to offensive, inaccurate, or otherwise objectionable User Content. Klipnow assumes no responsibility or and disclaims all liability for User Content you may find inappropriate, offensive, or otherwise objectionable, regardless of whether Klipnow elects to monitor User Content or user conduct. If you believe User Content violates our policies, please submit a request as detailed in Section 4 above. Klipnow does not assume any responsibility for User Content other than Klipnow Content, nor does it assume any obligation to modify or remove any User Content you may find inappropriate, offensive, or otherwise objectionable, or for the conduct of any user participating in any Activities on the Klipnow Services.
  6. Messages and Social Features. The Klipnow Services may offer users the ability to send messages and post comments, including any replies to messages and comments (collectively “Messages” or “Messaging”), and repost, react to, share, bookmark, or otherwise interact with other users, their Messages, and User Content (collectively, “Social Features”). Messages and Social Features may be open to the public generally, to all users of the Klipnow Services, registered users of the Klipnow Services, or to a select group of users of the Klipnow Services. Klipnow reserves the right, but disclaims any obligation or responsibility, to limit your ability to send Messages or use any Social Features, and to restrict or remove your Messages or Social Features or refuse to include your User Content on the Klipnow Services for any reason at any time, in Klipnow’s sole discretion, and without notice to you.
  7. Deleting Your User Content. If you ask us to delete your User Content from the Klipnow Services, Klipnow will delete your User Content within a reasonable period of time and continue to use your User Content until the deletion has taken full effect. Klipnow may retain User Content in our archives of the Klipnow Services, which are not publicly available. Furthermore, to the extent that Klipnow made use of your User Content before you deleted it, Klipnow will retain the right to make such pre-existing uses available even after your User Content is deleted. You acknowledge that (i) deletion of your User Content from Klipnow Services will not result in, and Klipnow assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Klipnow Services, and (ii) termination of your Account or your use of the Klipnow Services will not result in the immediate or automatic deletion of your User Content consistent with these Terms of Use.

Please visit our Help Center at https://klipnow.com/faqs/ to request your Account to be deleted. If you delete your Account, you will not be able to reactivate your Account or retrieve any of the User Content or information you have Posted.

  1. LINKED DESTINATIONS AND ADVERTISING

                1. Third Party Destinations. The Klipnow Services (including the Apps) may contain links to third-party websites or resources, or destinations. You will not infer or assume that Klipnow endorses, operates, controls, is responsible for or is connected with these or other third-party websites, resources or destinations, even if they link to Klipnow Services and even if such websites, resources, or destinations are operated by a person (including legal entity) affiliated or otherwise connected with Klipnow. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, resources, and destinations or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, resources, and destinations, and release Klipnow from any responsibility and liability to you for any content or other materials hosted and served from any such websites, resources, or destination. These Terms of Use do not govern your use of any other websites, resources, or destinations.

             2. Advertisements. Klipnow is not responsible for advertisements, or any third-party material posted on any of the Klipnow Services, nor is Klipnow responsible for the products or services provided by advertisers or by other users. Any dealings you have with advertisers or other users found while using the Klipnow Services are between you and the advertiser or user, and you agree that Klipnow is not liable for any loss or claim that you may have against an advertiser or user.

  1. TRADEMARKS

Klipnow, the Klipnow logo, www.klipnow.com, and other Klipnow marks, graphics, logos, scripts, and sounds are trademarks, registered or otherwise, and trade dress and the intellectual property of Klipnow, Inc. You may not copy, download or exploit any of Klipnow’s intellectual property, including the Klipnow trademarks.

  1. FEEDBACK

It is Klipnow’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts (“Unsolicited Submissions”). Klipnow’s policy is to delete any such submission without reading it. Therefore, any similarity between an Unsolicited Submission and any elements in any Klipnow creative work, including a film, series, story, title, or concept, would be purely coincidental. We welcome feedback, comments and suggestions for improvements to the Klipnow Services (“Feedback”). You can submit Feedback by emailing us at info@klipnow.com (subject line: “Feedback”). You grant to us an unconditional, non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  1. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND INDEMNITY

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THE KLIPNOW SERVICES AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” KLIPNOW DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE KLIPNOW SERVICES OR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLIPNOW EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KLIPNOW MAKES NO WARRANTY THAT YOUR USE OF THE KLIPNOW SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE KLIPNOW SERVICES OR CONTENT WILL BE CORRECTED, THAT THE KLIPNOW SERVICES, CONTENT OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE KLIPNOW SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLIPNOW WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE KLIPNOW SERVICES, CONTENT, USER CONTENT, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE KLIPNOW SERVICES, CONTENT, ATTENDANCE AT A KLIPNOW EVENT, ANY MATERIAL DOWNLOADED, POSTED OR OTHERWISE OBTAINED IN CONNECTION WITH THE KLIPNOW SERVICES OR CONTENT, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE KLIPNOW SERVICES, OR THE CONDUCT OR USER OF ANY USER(S) OF THE KLIPNOW SERVICES OR CONTENT, WHETHER ONLINE OR OFFLINE. YOUR USE OF POSTS, USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES, AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE KLIPNOW SERVICES AND CONTENT, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, INCLUDING USER CONTENT, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE KLIPNOW SERVICES.

 

LIMITATION OF LIABILITY

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLIPNOW’S LIABILITY TO YOU FOR ANY LOSS, CAUSE OR ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE LOSS, CAUSE OR ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO KLIPNOW FOR THE KLIPNOW SERVICES AND CONTENT DURING THE TERM OF YOUR USE OF THE KLIPNOW SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KLIPNOW WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO KLIPNOW FOR THE KLIPNOW SERVICES DURING THE TERM OF YOUR USE OF THE KLIPNOW SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO POST, ACCESS, OR USE ANY KLIPNOW SERVICES, CONTENT, OR USER CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF KLIPNOW’S ACTS OR OMISSIONS OR YOUR USE OF THE KLIPNOW SERVICES, CONTENT, OR USER CONTENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS OR USE ANY PORTION OF THE KLIPNOW SERVICES, CONTENT, OR USER CONTENT. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU OR KLIPNOW HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FOR CLARIFICATION, THESE TERMS DO NOT LIMIT KLIPNOW’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH A LIMITATION.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD KLIPNOW, ITS AFFILIATES, CREATORS AND LICENSORS OF CONTENT, EACH ADVERTISER, SPONSOR AND THEIR ADVERTISING AGENCIES, SUBCONTRACTORS AND OTHER PARTNERS, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION OR DEMAND, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE CONTENT OR USER CONTENT, OR THE KLIPNOW SERVICES (INCLUDING, WITHOUT, LIMITATION, ANY USE OF YOUR ACCOUNT AND ANY POSTS MADE UNDER YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU), YOUR BREACH OF THESE TERMS OF USE, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR ANY CONTENT, INFORMATION, OR MATERIAL THAT YOU TRANSMIT VIA THE KLIPNOW SERVICES.

  1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

We respect copyright law and expect our users to do the same. It is our policy to terminate Accounts of those users who repeatedly violate klipnow’s intellectual property rights or the intellectual property rights of others.

If you believe that any material, Content, or User Content residing on or linked to from the klipnow Services infringes your intellectual property rights, including your Copyright, you may either (1) submit a written notification of claimed infringement to klipnow’s copyright agent by completing the form at https://klipnow.com/help-center/ by reporting the issue and Specific Content (movie, series, episode)”, and if it is “Copyright Infringement,” or (2) contact us by mail by sending klipnow’s designated Copyright Agent a written notification of claimed infringement. Your written notification must contain substantially all of the following information:

  1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  2. identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the klipnow Services (such as the URL(s) of the claimed infringing material);
  3. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and
  6. your physical or electronic signature.

Klipnow’s Copyright Agent for notification of claimed infringement can be as follows:

    Attention: Copyright Agent
    Klipnow, Inc.
    18723 Via Princessa Unit#700

    Santa Clarita CA 91387

This contact information is exclusively for the purpose of notifying klipnow of claimed infringement. Please be advised that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than communication about copyright claims may not be reviewed or responded to.

If you Posted User Content or other material to klipnow Services that klipnow removed due to a notice of claimed infringement from a copyright owner, klipnow will take reasonable steps promptly to notify you that the User Content or other material has been removed or disabled. This notice may be by means of a general notice on the klipnow Service or by written or electronic communication to such address(es) you have provided to klipnow, if any.

You may provide counter-notification in response to such notice in a written communication directed to the Copyright Agent as described above, that includes the following:

  1. identification of the User Content or other material that has been removed or to which access has been disabled and the location at which the User Content or other material appeared before it was removed or access to it was disabled;
  2. a statement by you, under penalty of perjury, that you have a good faith belief that the User Content or other material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  3. your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which klipnow may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and
  4. your physical or electronic signature.

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

  1. INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

You understand that Klipnow is a free streaming service without any subscription fees. So that klipnow can maintain the ability to offer you and other users this free service, you and we agree to the following mechanisms for resolving any Dispute between us:

                  a. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and klipnow, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and klipnow that arise from or in any way relate to or concern any Content, products or services provided by klipnow including but not limited to the klipnow Services (as defined above), this Section 11, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), and any disputes relating to telephonic, text message, or any other communications either of us received from the other. The only exceptions to this paragraph are that (i) each of you and klipnow retains the right to sue in small claims court; (ii) each of you and klipnow may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights; and (iii) each of you and klipnow may bring suit in court to determine the enforceability of Section 11.b. and/or Section 11.k.

               b. Mandatory Informal Dispute Resolution Process. You and klipnow agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or klipnow wants to bring or resolve a Dispute, you or klipnow must follow the mandatory informal dispute resolution process as a precondition to the ability to file an arbitration demand or lawsuit:

1 Notice. You or klipnow must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the klipnow Service to which the Notice relates, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your klipnow account. Our Notice must also be sent to your email address associated with your klipnow account, and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing klipnow to disclose your klipnow account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute. You must send your Notice to klipnow by mail to: Arbitration Notice of Dispute, Klipnow, Inc., 182 Howard Street #830, San Francisco, CA 94105.

In the case of a Dispute initiated by you or us, it is the sender’s responsibility to prove that the sender provided the notice in the manner that is required in this paragraph.

2 Good Faith Effort to Informally Resolve Dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and klipnow agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and klipnow agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and klipnow do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or klipnow may commence a proceeding as noted below.

c. Arbitration Agreement. If you and we do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the Informal Dispute Resolution Procedures, klipnow, including its Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute between you and klipnow, regarding any aspect of your relationship with klipnow, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court, subject to the exceptions noted in Section 11.h below. Thus, subject to those exceptions, you and klipnow agree to give up the right to sue in court, including that you and klipnow agree to waive their right to a jury trial.

d. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the provisions in Section 11 related to the arbitration process. The agreements in Section 11 shall survive termination of the Terms of Use. Any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a state or federal court located in Los Angeles City, unless mandated by law to be filed in another state or federal court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties’ agreement to arbitrate, then that issue shall be determined by the laws of the State of California. Any arbitration between you and klipnow will be administered by the American Arbitration Association (“AAA”) pursuant to their then-applicable rules, including their mass arbitration supplementary rules and mass arbitration fee schedule, as applicable, as modified by this Section 11. AAA’s rules and fee schedules can be found at www.adr.org. Except in the event of a Mass Filing as described in Section 11.k below, the arbitration shall be conducted by a single, neutral arbitrator. If you and klipnow cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the AAA’s rules.

e. Alternative Arbitration Provider. If AAA is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of Section 11, including those described in Section 11.k, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Section 11, including, as applicable, Section 11.k. This Section 11 will govern to the extent it conflicts with the arbitration provider’s rules. For arbitrations before the AAA, the AAA’s Consumer Arbitration Rules and Optional Rules for Emergency Measures of Protection shall apply.

f. Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and klipnow’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.

g. Enforceability of Certain Provisions of Section 11. Notwithstanding Section 11.c. through Section 11.g., a claim regarding enforceability of any portion of Section 11.band/or Section 11.kmust be brought in federal or state court. Courts shall have the exclusive authority to determine: (i) the enforceability of any or all of the procedures set forth in Section 11.b and/or Section 11.k; and (ii) if any or all the procedures set forth in Section 11.b and/or Section 11.k are unenforceable, whether that or those procedures are severable from the remaining provisions of Section 11 and the consequences of said severance. If the court determines that Section 11.b is enforceable, it will also decide whether the party seeking to arbitrate the Dispute complied with the process in Section 11.b.

h. You and klipnow also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and klipnow, including in arbitration and in state or federal court. Therefore:

YOU AND KLIPNOW MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF.

i. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in Section 11. Subject to Section 11.h, the arbitrator has exclusive authority to resolve all issues relating to the parties’ Dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.

j. Related Cases and Mass Filings. If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if klipnow asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Filing.” The following procedures will apply to a Mass Filing:

          a. Acknowledgment of Related Cases procedure. If you or klipnow, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Section 11.k. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed, and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Section 11.k.

            b. Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor klipnow will be required to pay any such filing fees. You and klipnow also agree that neither you nor we shall be deemed to be in breach of this Section 11 for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.

          c.Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Disputes may then be administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.

          d. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and klipnow agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award. If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply. AAA’s mass arbitration fee schedule is available on its website at www.adr.org/rules. For mass arbitrations before any other arbitration provider, if applicable, you and klipnow agree that its mass arbitration fee schedule shall apply, as necessary.

            e. Opting Out. If your claim is not resolved as part of the Bellwether Arbitration and Global Mediation process outlined above, the parties shall also have the opportunity to opt out of arbitration and bring the pending Dispute to the state or federal courts located in City of Los Angeles, unless mandated by law to be filed in another state or federal court. The parties have 30 days of the failed Global Mediation process to opt out. This shall not provide an opportunity for either party to opt out of arbitration for other claims. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Arbitration Opt Out Notice,  Klipnow Inc. 18723 Via Princessa Unit#700 Santa Clarita CA 91387 via USPS Priority Mail or hand delivery, by email to info@klipnow.com, or by notice to the attorney representing klipnow in the arbitration proceeding. This written notice must be signed by you, even if it is also signed by your attorney. The written notice cannot be signed by an agent or other representative of yours in lieu of your signature. It must include a statement that you wish to opt out of arbitration within 30 days after the conclusion of the Global Mediation process. Klipnow may exercise its equivalent opt-out right by sending written notice to you or your attorney, agent, or representative if you are represented.

              f. Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Section 11.k, including by injunctive, declaratory, or other relief.

k. Live Testimony. You must appear to testify at any arbitration hearing personally, virtually, or in another manner authorized by law or the arbitration provider. You agree that if you fail to appear in one of these forms to testify, you consent to have the arbitrator order that the case be closed immediately.

l. Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and klipnow shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider’s rules.

m. Attorney’s Fees and Fee Shifting. Each of you and klipnow may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s).

n. Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Use. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief except those allowed under the law and these Terms of Use, including Section 9’s Limitation of Liability provisions. The arbitrator also may not order you or klipnow to pay any monies to or take any actions with respect to persons other than you or klipnow, respectively, unless you or klipnow explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable. Further, unless you and klipnow expressly agree, or subject to the provisions of Section 11.k above, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.

o. Confidentiality. You and klipnow agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and klipnow agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

p. Severability of Portions of Section 11. With the exception of Section 11.iand Section 11.k(i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class and the Mass Filing procedure), if any part of Section 11 is deemed invalid, unenforceable, or illegal, then the balance of Section 11 shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, either or both Section 11.i or/and Section 11.k is found invalid, unenforceable or illegal, then the remainder of Section 11 and this paragraph shall be null and void, but the rest of these Terms of Use, including the provisions governing in which court actions against klipnow must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

q. Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in City of Los Angeles, unless otherwise mandated by law to be filed in another state or federal court. For Disputes deemed not to be subject to arbitration, neither you nor klipnow shall be precluded from participating in a class-wide settlement of those claims if brought by another klipnow user or third party.

  1. TERMINATION. 

We may terminate your access to and use of the klipnow Services, at our sole discretion, at any time and without notice to you. Without limiting the forgoing, we may, at our sole discretion, without notice to you, terminate or restrict your Account or your use of the klipnow Services, including ability to Post User Content and/or to access Content or any portion thereof, at any time, without liability, if klipnow determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, place an undue burden on our networks or servers, or for any other business reason or no reason. We may further use technology to limit activities, such as the number of calls being made to the servers or systems used to provide the klipnow Services, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

  1. GENERAL INFORMATION

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the klipnow Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.

Except with respect to Disputes to be resolved through the process in accordance with the Section 11 above, you and klipnow agree to submit to the exclusive jurisdiction of the federal or state courts located in New York City, unless otherwise mandated by law, to resolve any Dispute arising out of the Agreement or the klipnow Services.

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

YOU AND WE AGREE THAT ANY CAUSE OF ACTION YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE KLIPNOW SERVICES, OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

No Waiver/Reliance. If you see other parties violating these Terms of Use, you may let us know at info@klipnow.com (subject line: “Klip Violation”). You may not rely upon klipnow’s response with respect to one party or one situation as any indication of what klipnow might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, klipnow’s decision to delay exercising or enforcing any right or remedy under these Terms of Use will not constitute a waiver of such right or remedy. Even if klipnow acts in a way that appears to you to be inconsistent with these Terms of Use, klipnow’s action will not be deemed a waiver or constructive amendment of these Terms of Use. klipnow’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of klipnow. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.

Integration, Amendment, and Severability. Please note that these Terms of Use, including any end user license agreement that might accompany klipnow Apps, features and devices, constitute the entire legal agreement between you and klipnow and govern your use of the klipnow Services (including your use of the Content) (but excludes any services, if any, that klipnow may provide to you under a separate signed written agreement), and completely replace any prior oral or written understandings or agreements between you and klipnow in relation to the klipnow Services, including Content. Except as set forth in Section 1 above, these Terms of Use may not be amended, modified, or varied except in a writing signed by klipnow. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or “signed” writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, you and we agree that the provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect.

Assignment. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without klipnow’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null. klipnow may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices. Any notices or other communications provided by klipnow under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Contact. If you have any questions about these Terms of Use, please submit your questions at https://klipnow.com/contact-us/ .  If you have general questions about klipnow or how to use it, please visit our FAQS at https://klipnow.com/faqs/ or Help Center at https://klipnow.com/help-center/ . Modified as of April 1, 2024.