Terms & Conditions
The following Terms and Conditions govern your use and access to Clipvia.com ("Site").
IMPORTANT! The Terms and conditions below are subject to change. If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use or access the Site or print or download any materials. By accessing, using, printing, installing, or downloading any material, you agree to be bound by these Terms and Conditions. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
No Child Pornography
We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. You understand that all models appearing on the Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contains no child pornography. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Site, please report this to us. Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically cooperate with any law-enforcement agency investigating child pornography.
Our company’s services are directed to adults who possess validated credit card information, and are not marketed to individuals under the age of Eighteen(18)(21-years old where 18 is not the age of majority). Certain portions of Website, which may contain content considered offensive to some, are inaccessible to individuals under the age of Eighteen(18)(21-years old where 18 is not the age of majority)., as advocated by the Communications Decency Act. For those portions that may be accessible to individuals under the age of Eighteen(18), such as the Website home page and other areas presenting non-offensive content, the Website has no intention of collecting any personally identifiable information (that is, name, address, telephone number, or email address) from individuals under Eighteen(18) years of age(21-years old where 18 is not the age of majority).
To access the Site or some of the resources, you may be asked to provide certain details or other information. It is a condition of your use of this Site that all information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to or any of its resources, and to terminate or suspend your access at any time. All Materials on the Site shall be for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized copying of any part of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.
Restrictions on Site Use
You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without express prior written consent. Without the express prior written authorization, you may not: (a) duplicate a Site or any of the Materials contained therein; (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) use the Site for any purpose other than the sale of on-topic video clips or tribute transactions; (e) distribute the Site or any of the Materials contained therein; (f) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (g) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (h) use any meta-tags or any other “hidden text” using the site's marks; (i) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of any of the Site; (j) use any data mining, robots or similar data gathering and extraction tools on the Site; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials. You agree to cooperate with us in causing any unauthorized use to cease immediately.
At any time, if the Site provides a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Site or other services included on the Site. We reserve the right to reject, approve or remove any content for any reason, in our sole discretion, including content that may be deemed slanderous, libelous or defamatory toward users, the Site or its competitors. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Site can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
The charge on your credit card bill will appear as Heavenlyapwut pyHumblestl Yeah e LLC on your credit card statement.
You agree to pay all fees according to the billing terms. The site posts the current fees. We reserve the right to contract with a third party to process all payment.
Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing us for all credit card charge backs, dishonored checks and any related charges.
You hereby agree not to falsely report the credit card or check card lost or stolen, without good reason that it is lost or stolen, that you have used for payment of goods or services, including subscriptions. Such fraudulent reporting to avoid payment for goods or services that you or anyone under your authority has made to the Site when you have an outstanding charge to the Site shall make you liable for $50,000 in liquidated damages. This liability for liquidated damages is in addition to any other liability you may incur for breaches of any other Terms and Conditions in this Agreement.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
The site is the hosting engine for our studio members to display their content. Due to the nature of how downloads are processed, we uphold a no refund policy. The customer is responsible for ensuring their order is correct before purchasing the media or content from one of our “Studio Members”. Prior to submitting for processing and billing, please ensure that you do not order the same clips twice. Please report any billing errors. Resolution of and billing errors will be handled immediately.
Friendly fraud and abuse by disputing the transaction with the issuing bank will result in immediate disqualification from future sales and you will be banned from ordering from our store. We take fraud very seriously and will actively report cases of fraud to the local authorities for further prosecution.
Videos that are purchased from this site cannot be swapped or traded. Exchanges will only be given if a video is faulty or damaged upon receipt. All Videos must be exchanged within 10 days.
You expressly agree that use of the Site or any of the materials contained therein at your own and sole risk. The Site and all materials contained therein are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. The Site makes no representations or warranties that the Site or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does the Site make any representations or warranties as to the quality, suitability, truth, accuracy or completeness of the Site or any of the materials contained therein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials contained therein 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 such material and/or data. You understand that the site cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. The site does not assume any responsibility or risk for your use of the internet. The Site makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by sellers or third parties. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the site (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site or any of the materials contained therein, even if the Site has been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if the Site has been advised of the possibility of such damages. In no event shall the Site’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of the Site for a period of no more than (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of Liability for consequential or incidental damages, the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless the Site, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions. The Site shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. The site may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so.
Some web sites which are linked to the Site are owned and operated by third parties. Because the Site has no control over such sites and resources, you acknowledge and agree that the Site is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Site 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 third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
Notice of Claimed Infringement
The Site respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Site’s Copyright 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;
- 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 a 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; and
- 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.
Notice and Takedown Procedures
The Site reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
The Site shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay the Site’s performance.
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United States, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United States. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Orange County, California.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law and unemployment insurance claims. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Orange County, California, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitrator’s fees. Each party shall bear its own attorneys’ fees (except if the matter is for the collection of a debt owed in which case the prevailing party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
No waiver shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
Upon submitting materials to the Site, you agree to allow the Site to use still previews, animated previews and video previews of said materials for promotional reasons. As aforementioned, Site makes no claim to ownership of materials, only to use as identified for Site or studio promotional purposes.
You agree to allow Site to pursue reasonable efforts to recoup losses following chargebacks. Recoupment methods may include:
- Applying a negative charge to your account's payment history;
- Promoting your studio externally, to drive traffic to your studio;
- In some extreme measures (chargebacks totaling more than $1000), Site reserves the right to temporarily restrict access to your account to prevent removal of content used to recoup chargebacks;
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Site and the Materials contained therein, and your membership with the Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
The site reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit the Site. Your continued use of the Site following posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. The Site does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted in writing, these Terms and Conditions may not be amended by you.
The Site makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.