Clipperz Srl (“Clipperz”) welcomes you.
By accessing the Clipperz website (“Site”) at www.clipperz.com or using the services offered by Clipperz, you (“User”) agree and acknowledge to be bound by the following Terms of Service (“Terms”).
The Terms may be updated at any time. You will be informed about major changes via the Clipperz corporate web site. By continuing to use the Service after the changes you agree to any modification. You can review the most current version of the Terms at any time at: www.clipperz.com/terms_of_service
Description of the Service
Clipperz provides you with tools to securely encrypt, store, retrieve and share confidential information which may be accessed through any various medium or device now known or hereafter developed (the “Service”).
Your information are organized in coherent sets of data called cards (a “Card”). You are solely responsible for creating and maintaining your cards. Encrypted cards are stored on Clipperz servers. Decrypted cards are never sent or stored on Clipperz servers.
You also understand and agree that the Service may include certain communications from Clipperz, such as service announcements and administrative messages and that these communications are considered part of Clipperz membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms.
You understand and agree that the Service is provided “as-is” and that Clipperz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Warning
Some countries do not allow their citizens to use strong encryption technology. These countries include Belarus, China, France, Hungary, Israel, Kazakhstan, Moldova, Pakistan, Russia, Saudi Arabia, South Africa, South Korea, Tunisia, Turkey, Vietnam. This list is not complete and will not be regularly updated.
To use the Service, you are responsible to comply with the legal requirements of your country.
Member account, passphrase and security
You will select a username and a passphrase upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the passphrase and are fully responsible for all activities that occur under your account. You agree to immediately notify Clipperz of any unauthorized use of your account or any other breach of security.
Warning
Clipperz is not aware of your passphrase and is unable to access/change/reset/revoke your passphrase or to generate a new passphrase for you.
If you forget or lose the passphrase, it is not possible to decrypt already existing encrypted cards, this means, that your data is lost forever.
Member conduct
You agree to not use the Service to:
- upload or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law.
Indemnity
You agree to indemnify and hold Clipperz, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to your violation of the Terms, or your violation of any rights of another.
No resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General practices regarding use and storage
You acknowledge that Clipperz may establish general practices and limits concerning use of the Service, including without limitation the amount of storable information and the maximum number of times you may access the Service in a given period of time. You agree that Clipperz has no responsibility or liability for the deletion or failure to store any information maintained or transmitted by the Service. You acknowledge that Clipperz reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Clipperz reserves the right to modify these general practices and limits from time to time.
Modifications to Service
Clipperz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Clipperz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Termination
You agree that Clipperz may, under certain circumstances and without prior notice, immediately terminate your Clipperz account and access to the Service. Cause for such termination shall include, but not be limited to:
- breaches or violations of the Terms or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you,
- discontinuance or material modification to the Service (or any part thereof),
- you have engaged in fraudulent or illegal activities, and/or 6. nonpayment of any fees owed by you in connection with the Services.
Termination of your Clipperz account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Clipperz’s sole discretion and that Clipperz shall not be liable to you or any third-party for any termination of your account or access to the Service.
Links
The Service may provide links to other World Wide Web sites or resources. Because Clipperz has no control over such sites and resources, you acknowledge and agree that Clipperz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available on such sites or resources. You further acknowledge and agree that Clipperz 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 site or resource.
Clipperz’s proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Clipperz grants you a license to use the source code related to the Service for the sole purposes of performing security reviews of the code or enhancing the interoperability of other products and services with the Service.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the interfaces that are provided by Clipperz for use in accessing the Service.
Disclaimer of warranties
You expressly understand and agree that:
your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Clipperz expressly disclaims all warranties 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.
Clipperz makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Clipperz or through or from the service shall create any warranty not expressly stated in the terms.
Limitation of liability
You expressly understand and agree that Clipperz shall not be liable to you for any direct, indirect, incidental, special, consequential of exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Clipperz has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other matter relating to the Service.
Notice
Clipperz may provide you with notices, including those regarding changes to the Terms, by either email, regular mail, or postings on the Site.
Copyright and trademark information
Clipperz, the Clipperz logo and the Clipperz design are trademarks or trade dress of Clipperz, and may not be used without express written permission from Clipperz, other than for attribution. All other trademarks not owned by Clipperz that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Clipperz. Clipperz-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Clipperz and its licensors and protected by Italian and international copyright laws. Unless explicitly stated, no reproduction of any Clipperz-originated content is permitted without written permission from Clipperz.
Procedure for making claims of copyright or intellectual property infringement
Clipperz’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
- By mail: Clipperz srl, Via Berti 137, 48012 Bagnacavallo (RA), Italy
- By email: copyright@clipperz.com
Please provide Clipperz’s agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
General information
Entire agreement - The Terms constitutes the entire agreement between you and Clipperz and governs your use of the Service, superseding any prior agreements between you and Clipperz with respect to the Service.
Choice of law and forum - The Terms and the relationship between you and Clipperz shall be governed by the laws of the Republic of Italy without regard to its conflict of law provisions. You and Clipperz agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Rimini, Italy.
Waiver and severability of Terms - The failure of Clipperz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
No right of survivorship and non-transferability - You agree that your Clipperz account is non-transferable and any rights to your contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of limitations - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
