Please read this contract carefully. By signing up for a ClipShout™ account and/or downloading any ClipShout™ motion picture trailer and/or clip, you accept and agree to all of the terms and conditions of the ClipShout™ USER AGREEMENT. ClipShout Inc., will not allow any Subscription or any ClipShout™ trailers or film clips to be streamed or downloaded unless you accept and abide by the terms of this agreement, which is enforceable like any written agreement signed by you.
This Agreement is entered into and effective as of the date you first sign up for a ClipShout™ account.
The parties to this Agreement are ClipShout Inc., a California corporation, and you (hereinafter referred to as “User”). “User” means and refers to a User with a “Subscriber” to the ClipShout™ site.
ClipShout Inc., has the right to offer and provide trailers and/or short segments (“clips”) of certain motion pictures, including, but not limited to, theatrical features, documentaries and television programming, (hereinafter collectively and individually referred to as “Films”) to organizations for use during teaching presentations and/or religious services to illustrate an educational lesson and/or sermon messages. The clips of Films are hereinafter referred to as “ClipShout™ Clips,” and consist of edited clips of between thirty (30) seconds and five (5) minutes in length.
User is an individual or organization that conducts teaching presentations/seminars and/or religious services.
In consideration of the foregoing recitals and the covenants and conditions contained herein, all of which constitute the User Agreement, the parties agree as follows:
ClipShout Inc., hereby grants to User, during the term of User’s active account to ClipShout™, a non-exclusive right to stream ClipShout™ Clips from the ClipShout Inc., website and to digitally project them during teaching presentations/seminars and/or religious services solely for the purpose of illustrating such teachings and/or sermon messages. Each ClipShout™ clip may be used by User in the manner, and only for the specific and limited purposes, specified herein and in paragraph 2, below. User agrees that it will not use the ClipShout™ Clips or any portion thereof for any purpose other than those specified herein and in paragraph 2, below, and that ClipShout Inc., may, in its sole discretion, withhold such consent.
User shall use the ClipShout™ Clips only and solely for the purpose of illustrating teachings and/or sermon messages during teaching presentations and/or public religious services. In addition, User agrees to abide by the following terms and conditions of use:
2.1 User shall not make or permit the making of any reproductions of or from ClipShout™ Clips, in whole or in part, except in connection with the purposes specified herein.
2.2 User shall have no right to sell, license, distribute or otherwise transfer or assign the use of ClipShout™ Clips to any third party.
2.3 User shall not use any ClipShout™ Clips, either in whole or in part, to make any other form of any production, audio/visual program or any other form of work using or based upon any ClipShoutTMClip; and User shall not include any ClipShout™ Clips, either in whole or in part, in any other work, including, but not limited to, visual and/or audio media of any kind. Any of the uses described in this paragraph require special written permission from the owner of the production from which the ClipShoutTMClip was taken and nothing in this User Agreement shall be deemed to grant such permission or license.
2.4 User shall not have the right to edit, combine or otherwise alter the ClipShout™ Clips in any way; and User shall project each clip in its entirety, including the four (4) second chyron at the beginning of a Clip that includes the Film’s title and copyright notice.
2.5 User may show one (1) or more ClipShout™ Clips during a single teaching presentation, seminar and/or religious service.
ClipShout Inc., warrants and represents that it has the right and authority to enter into and perform this Agreement and to grant the rights to use ClipShout™ Clips to USER herein contained; provided, however, User acknowledges that ClipShout Inc., makes no representations or warranties with respect to the right to consent to the services of those persons who performed in the ClipShout™ Clips. ClipShout Inc., further warrants and represents that the ClipShout™ Clips are not defamatory nor do they infringe any trade name, trademark or copyright of any person, firm or corporation; and the ClipShout™ do not invade or violate any right of privacy, personal or proprietary right, or other common-law or statutory right of any person, firm or corporation.
User warrants and represents that nothing contained in the context in which the ClipShout™ Clips are exhibited by User to its viewers will be in any way derogatory to the Films from which the ClipShout™ Clips were taken, any person connected with the production thereof or depicted therein, the Film’s distributors, or ClipShout Inc. Furthermore, ClipShout™ Clips will not be used in any way so as to constitute an expressed or implied endorsement of any product or service by, or a commercial tie-up involving, ClipShout Inc., or anyone associated with the Film.
5.1 A ClipShout Inc., offers the following items:
5.1.1 Unlimited streaming access to all ClipShout™ Clips,
The subscription term will commence on the date ClipShout Inc., sends User a confirmation email. User’s Subscription Plan will automatically renew and re-bill at the end of the term then in progress, unless User chooses to discontinue auto-renewals or deletes his/her account before User’s next renewal date.
5.2 ClipShout Inc. may need to remove some existing ClipShout™ Clips. Therefore, the availability of Clips for certain Films are subject to change at any time.
The copyright owners and/or their licensees, as the case may be, reserve all rights in and to the ClipShout™ Clips that are not expressly granted to ClipShout Inc. and/or USER.
User acknowledges that the ClipShout™ trademark is owned by and is the exclusive property of ClipShout Inc., and may not be used without the prior written consent of ClipShout Inc.. User further acknowledges that the Film clips used in ClipShout™ are protected by copyright law and may not be used in any manner inconsistent with the limited rights of use herein granted by ClipShout Inc., to User.
User shall indemnify and hold ClipShout Inc., harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including attorney fees, arising from all claims, whatsoever, and whenever brought, which may be brought based directly or indirectly upon User’s use or misuse of the ClipShout™ Clips or as a result of User’s breach of any of the warranties set forth in paragraph 4, above. ClipShout Inc., shall indemnify and hold User harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including attorney fees, arising from all claims, whatsoever and whenever brought, which may be brought based directly or indirectly upon ClipShout Inc.’s, breach of any of the warranties set forth in paragraph 3, above.
9.1 The term of this Agreement shall commence on the start date of the subscription (pursuant to Section 5, above, and shall continue for its entire term, unless User desires to terminate it sooner. User may cancel a Subscription by un-checking the “Automatically Renew Subscription” option in the “Billing” menu or under the “Cancel Subscription” Menu. If User does not cancel a Subscription in this manner, ClipShout Inc., shall renew User’s account for an additional term.
9.2 Any breach of any of the terms and conditions of this Agreement by User that either cannot be cured or remains uncured shall give ClipShout Inc. the right to immediately terminate this Agreement. In the event of such termination, a Subscriber shall not be entitled to any refund of its subscription fee.
All notices and other communications pursuant to this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served via email, facsimile or express courier and properly addressed to the parties at the addresses set forth on the registration page. Either party may change its address for purposes of this Agreement by giving the other party written notice of the new address in the manner set forth above.
The waiver by one party of any breach of this Agreement by the other party hereto shall not be effective unless in writing, and no such waiver shall operate or be construed as the waiver of the same or another breach on a subsequent occasion.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue of any proceeding arising out of this Agreement shall be Orange County, California. The prevailing party in any dispute or proceeding arising out of this Agreement shall be entitled to its reasonable attorney fees incurred as a result thereof.
In the event that any one or more of the provisions of this Agreement, or any part thereof, shall be deemed to be unenforceable for any reason, the parties expressly agree that such provision or part thereof shall be deemed deleted so as to render the balance of this Agreement, as so modified, valid and enforceable to the fullest extent permitted by law. Each covenant and agreement contained in this Agreement shall be construed and enforced independently of any other provision of this Agreement.
This Agreement constitutes the complete understanding of the parties with respect to the subject matter hereof. No modification or waiver of any provision shall be valid unless in writing and signed by all parties.
To subscribe to ClipShout™, subject to the terms and conditions of this Agreement, please completely fill in all necessary membership information and select the box that states you agree to this ClipShout™ User Agreement.
ClipShout Inc. retains the right to amend, add, or delete any portion of this USER Agreement at any time, so long as ClipShout Inc. provides User a copy of the revised agreement, and USER reserves the right to cancel the subscription at any time.
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