IMPORTANT: PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE. LIMITATION AND LIABILITY EXEMPTION CLAUSES MAY BE HIGHLIGHTED IN BOLD FOR YOUR SPECIAL ATTENTION, WITHOUT PREJUDICING YOUR SOLE RESPONSIBILITY OF HAVING READ AND UNDERSTOOD THE ENTIRETY OF THESE TERMS.
Overview
These Terms and Conditions of Use (“Terms”) govern your use of the Clappy (the “Application”) (whether pre-installed on your device or downloaded) provided by Space Plus Consulting (“SPC”, our”, “we” or “us”). These terms are a contract between you and SPC. You should read these Terms carefully and not use the Application (or stop using the Application if you have already started using it) if you do not agree to these Terms.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise clarified, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
We reserve the right to modify these Terms at any time without prior notice. Such modifications and additional terms and conditions will be communicated to you and will be effective immediately upon your acceptance of them. If you do not agree to such modified Terms, you must cease using the Application.
You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your jurisdiction. If you do not meet the above requirements, your legal guardian must provide consent to your use of the Application.
The Application is a video aggregation application which allows you to access many kinds of video content by yourselves (“Services”).
We may update, remove or change the Application features and functionalities from time to time. Your enjoyment of the Application may depend on you having installed the latest version of the Application, your mobile device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or as required by applicable law from time to time. To use the Application and the Services, you may need compatible hardware and software (and periodically, this may require you to download and install the latest versions of such software). Internet connectivity is also required.
We will guide you to complete the registration before you use some features and functionalities if so required.
– Clappy Services
The “Service” means all software (including the Software, as defined below), applications, data, text, images, and other content made available by or on behalf of SPC. Any modifications to the Service are also subject to these Terms. We reserve the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice. All rights, title and interest in and to the Service will remain with and belong exclusively to SPC.
– Your Representations, Warranties and Undertakings
You represent, warrant and undertake that:
You will only access and use the Application for personal, private and non-commercial purposes, and you may not share any services or content in Applications with individuals beyond your household;
You will not, and will not aid or assist any person to, access or use the Application for any commercial, unlawful or illegal purpose;
You will at all times, when accessing and using the Application, comply with all applicable laws, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
All information (including personal data) that you provide to us is true, accurate and complete at the time provided, and you will promptly notify us in the event of any change to such information;
You will not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Service.
You will not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Services;
You will not use any robot, spider, scraper or other automated means to access the Services; and all User Content and your use of it in connection with the Application does not infringe or violate any intellectual property rights or any other rights of any third party and you have all rights necessary to view and / or use such User Content; and does not otherwise breach any applicable laws.
– Accounts
When you create an account with us, you must provide information that is accurate, complete, and valid at all times. Failure to do so constitutes a breach of the Terms.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
– User-Generated Content
“Your Data” means any data and content which you upload, store, retrieve, or otherwise make available through the Service. You retain all of the rights to Your Data. You agree to grant SPC a license to store, retrieve, backup, restore, and otherwise copy Your Data so that we may provide you with the Service.
– Links To Other Web Sites
The Service may contain links to third-party websites or services that are not owned or controlled by SPC.
SPC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that SPC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
– Intellectual Property
For the purposes of these Terms, “intellectual property rights” means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered (applicable anywhere in the world).
As between you and SPC, all intellectual property rights in or relating to the Application (including information, communications, software, texts, graphics, links and sounds but excluding any User Content), are owned by SPC.
SPC grants you a limited, revocable, non-transferable, non-exclusive license to install and use the Application on any compatible TV device (whether downloaded or pre-installed) that you own or control.
You must not, and will not aid or assist any person to:
Copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and do other acts that analyze or replicate the source code, structure and concept of any of the Application software ‘s component parts, circumvent or attempt to bypass any technological protection measures in or relating to the Application; or rent, lease, lend, sell, redistribute, sublicense, reproduce, distribute, modify or create derivative works of, publicly display (including framing any content), or commercially exploit any part of the Application or its component software.
The SPC trademark, logo and any other trademarks, service marks, graphics and logos used in connection with the Application or the Services are trademarks of SPC or its licensors. Other trademarks, service marks, graphics and logos used in connection with Third Party Content may be the trademarks of their respective owners. You are granted no right or license to any trademarks, service marks, graphics, or logos that do not belong to you.
In the event of any violation of these Terms, SPC reserves the right to ask you to immediately stop or rectify the unlawful use. Should unlawful use and/or violation continue, SPC is entitled to respond and take any legal actions that it considers necessary (including but not limited to terminating your access to the Application or the Services).
You grant us a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use and reproduce any content or information belonging to you that you provide or that we collect from you, to the extent that is deemed necessary by Us to provide the Application or the Services to you and others, and to periodically improve our products and services.
– Data Protection and Privacy
Your personal information will be collected, stored and processed in accordance with our Privacy Policy and applicable laws. Please ensure that you read our Privacy Policy to learn about what personal information we collect, how we handle it and for what purposes we use it.
Without limiting the foregoing, we may collect information about your use of the Application to help us analyze and improve our products and services. We will do so in accordance with our Privacy Policy and applicable laws.
– Disclaimer
To the full extent permissible by applicable law, SPC, its partners, suppliers, and affiliates:
– Disclaim, and do not make any representations or warranties of any kind, expressed or implied, as to the operation of the Application or any other Services, their contents, or any information made available by or through the Application or the Services, including but not limited to the implied warranties of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement;
– Do not warrant that use of the Application or the Services will be uninterrupted, available at any time or from any particular location, secure or error-free, that defects will be corrected, or that the Application or the Services are free of viruses or other potentially harmful components;
– Do not endorse the satisfactory quality, completeness, accuracy, non-infringement, compatibility, security, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed via the Application or available in or through the Services; and
– Do not make any representations or warranties in relation to any Third-Party Content.
You acknowledge and agree that the Application and the Services are provided to you on an “as is, as available” basis.
You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not assume any liability or responsibility for any direct, indirect, collateral, derivative or other losses or liabilities (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using the Application or the Services that arise in connection with events out of our control, including the following circumstances:
Malfunction of or inability to operate or use the Application or the Services normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
Interruption, delay or malfunction of or inability to operate or use the Application or the Services caused by system viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;
interruption, termination, delay or malfunction of or inability to operate or use the Application or the Services caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
interruption, delay or malfunction of or inability to operate or use the Application or the Services due to internet connectivity issues; or
losses or liabilities you may suffer due to your unlawful or improper use of the Application or the Services or any breach of these Terms by you.
– Limitation of Liability
SPC, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for (A) any loss or damage, indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, or (B) for any amount in the aggregate in excess of the fees actually paid by you in the six (6) months preceding the event that derived in your claim, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree that you will indemnify and keep indemnified SPC, its officers, employees, agents, licensors or other third party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these Terms or any acts or omissions you commit in using the Application or the Services that are not permitted by these Terms. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of your use or misuse of the Application or the Services (even if you did not authorize that use or misuse).
In addition, you acknowledge that the Application is intended for domestic and private use and we will not be responsible for indirect loss, consequential loss, loss of income, revenue, profits, business or business opportunity, business interruption, or any loss or corruption of data in connection with your use of the Application or the Services.
If you breach these Terms and to the extent permitted by law, you will be liable to SPC, its directors, officers, employees, affiliates, agents, contractors, and licensors for any claim arising out of your breach. You will also be liable for any action taken by SPC as part of its investigation of a suspected violation of these Terms, as a result of its findings or decision that a violation of these Terms has occurred.
To the extent you have a lawful basis for making any claim against us in relation to these Terms, the operation of the Application or the provision of Services (including for alleged breach of these Terms incurred by us), you agree that your exclusive remedy is limited to recovering from us direct losses you suffer. We will not be liable to you for any loss or damage that is indirect, consequential, special, incidental or punitive. This limitation of liability applies to the maximum extent permitted by applicable law.
Termination of this agreement (as constituted by these Terms) does not affect any rights or liabilities incurred by you or us prior to the date of termination.
– Governing Law and Jurisdiction
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise,
– Class Action Waiver.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, where permitted under the applicable law, unless both you and Clappy agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
– Non-Waiver of Rights
SPC makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance,
SPC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and SPC chooses not to immediately act, or chooses not to act at all, SPC will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. SPC does not waive any of its rights. SPC shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
– Language
Any translation of these Terms is done for local requirements or convenience and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction.
– Miscellaneous
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these shall remain in full force and effect.
These Terms constitute the entire agreement between you and SPC with regard to your use of the Application and the Services, and any and all other written or oral agreements or understandings previously existing between you and SPC with respect to such use are hereby superseded and cancelled.
– Contact Us
If you have any questions about these Terms, you can contact us via email contact@clappymedia.com
Contact: contact@clappymedia.com