Vlipsy Terms of Service

Updated as of: August 30, 2018

  1. Use of Site Constitutes Acceptance of Terms. Vlipsy, Inc. (“VLIPSY” or “we”) provides this website and the services offered on it subject to these Terms of Service (“Terms”). By using this site, you agree to these Terms as they exist on the date of your use. If you do not agree to these Terms, you may not use this site.
  2. Updates to these Terms. We may update (change) these Terms from time to time by posting the changes here. The date of the latest changes will always be listed above, at the top of the first page.
  3. No use by children under age 13. This site is not designed or intended for use by children under age 13. By using this site, you acknowledge that you are 13 or older. Parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. See e.g. www.toptenreviews.com/software/security/best-internet-filter-software.
  4. Consent. Even if you do not sign up as a Vlipsy user, accessing anything on this Site other than our home page and this “Terms” page (and our Privacy Policy) constitutes your consent to these terms of use and to our Privacy Policy. If you do not consent, do not use our website.
  5. Privacy. Our privacy policy, which is at https://vlipsy.com/privacy, is part of these Terms.
  6. Intellectual property.
    1. Video clips. The short video clips that appear on Vlipsy are protected by copyright law, and are presented on Vlipsy for purposes of fair use: namely, for criticism and comment (including transformative fair use such as memes).
    2. User-posted content. You represent and warrant that you are the copyright owner of all content that you post or, to the extent you are not the copyright owner, that you have all necessary rights to post such content; in particular, you represent and warrant that nothing you post will infringe any third party intellectual property rights. With respect to all content you post to our site, you grant Vlipsy a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license, with sublicense rights, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part), in any form, media, or technology now known or later developed. You also grant each user of our site a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, without the right to grant sublicenses, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such works in any form, media, or technology now known or later developed, for personal noncommercial use.

    You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any Submissions that are available via this Site. Without limiting the foregoing, we have the right to remove any Submissions that violate the Terms of Service or are otherwise objectionable as we determine in our sole discretion.

    You acknowledge and agree that we may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users or the public.

  7. Permitted use. Our site and in particular the video clips are solely for personal, non-commercial use.
  8. Prohibited content and prohibited uses. You may not post content, or use a username, that is vulgar or offensive, defamatory, invasive of another's privacy, unlawful, threatening, abusive, harassing, hateful, or otherwise objectionable. You may not use a username that impersonates another or infringes intellectual property rights. You may not hotlink to off-site content, upload any type of computer code, or post chain letters, pyramid schemes, or any form of unauthorized advertisement or solicitation. We reserve the right to determine what does and does not violate this prohibition. If you see any content that violates these Terms, we would appreciate your bringing it to our attention by contacting us at abuse@vlipsy.com.
  9. Disclaimer of warranties; limitation of liability. Vlipsy is provided at no charge. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. VLIPSY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER VLIPSY TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, VLIPSY HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. VLIPSY DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON VLIPSY.COM THAT IS NOT PRODUCED BY VLIPSY. Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Vlipsy's service is to discontinue your use of our service. VLIPSY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, VLIPSY'S SERVICES, EVEN IF VLIPSY HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF VLIPSY'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.
  10. Indemnification. YOU WILL INDEMNIFY AND HOLD VLIPSY AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, AND ANY HARM CAUSED TO ANY THIRD PARTY AS A RESULT OF YOUR UPLOADING OF FILES, COMMENTS, OR ANYTHING ELSE TO OUR SERVERS.
  11. Refusal of service. We reserve the right to refuse service to anyone, and to ban anyone from using Vlipsy, for any non-discriminatory reason or for no reason, in our sole discretion. Vlipsy may refuse to issue, terminate, or reclaim any username at its discretion.
  12. Entire agreement. These Terms constitute the entire agreement between you and us with respect to your use of Vlipsy; it supersedes all prior agreements of any nature.
  13. Miscellaneous. We may assign this agreement in the course of a merger or sale transaction involving Vlipsy. You may not assign or delegate any right under these Terms; any purported contrary action will be void. These terms are governed by the Ohio law, and the state of federal courts of Georgia have sole jurisdiction and venue over any disputes arising out of or relating to these Terms or your use of Vlipsy. You agree to submit to such jurisdiction.

Contact. You may contact us at the following address: contact@vlipsy.com

Vlipsy API Terms

Updated as of: April 10, 2019

  1. Grant of license. Pursuant to these terms of use as well as Vlipsy's Terms of Service, Vlipsy grants you the right to access and use the Vlipsy AP, solely for the purpose of creating applications that interface with the Vlipsy app (“Apps”).
  2. Resultant Apps.
    1. Intellectual property. You will own 100% of the intellectual property rights to any App you create using the Vlipsy API. You must include an appropriate copyright notice in your Apps to make it clear that it is your App and not Vlipsy's.
    2. Vlipsy brand. Three simple rules: First, your App must make it clear that it is using Vlipsy: Showing the Vlipsy logo and title, or “Powered by Vlipsy”. Second, if you want to include the letter sequence “VLIP” as any part of your App's actual name, you'll need to get Vlipsy's prior written approval first. Third, somewhere either on the App download page or in the startup display, include the phrase “VLIPSY trademarks property of Vlipsy Inc. Used with permission.”
    3. Approval. Before taking any App live, you must obtain Vlipsy's written approval to do so, which Vlipsy will not unreasonably refuse. Simply send us the version of your App you want to release, we'll check it out and you'll be free to go live. Approval by Apple's App Store or Google Play will be your responsibility.
    4. Restrictions. Your Apps may not create a directory, index, or database containing Vlips, and may not commingle Vlipsy search results with search results of another provider. (Any exceptions require our written approval.)
    5. Disassociation. Either party may disassociate itself from the other at any time by written notice. If the parties disassociate, you must withdraw from the market all Apps making reference to Vlipsy.
  3. User Support. You are responsible for all user support for your Apps, and you must make this clear in the appropriate portions of your Apps.
  4. API access rights and changes. Vlipsy may limit the number and/or frequency of the API requests. We may change or republish the API at any time. We reserve the right to deny and/or revoke access to the API at any time, without notice.
  5. Warranties and disclaimers. Each party warrants to the other than no intellectual property it owns and makes available, either to the public or to the other party, infringes any third party intellectual property rights; each party will indemnify and hold the other harmless against all third-party claims to the contrary. Although Vlipsy will make every effort to ensure that its API remains online and accessible to the greatest extent possible, and to notify you of any planned down time, Vlipy provides the API on and “AS-IS” basis, with NO WARRANTIES OF ANY KIND other than the aforestated non-infringement warranty. Vlipsy specifically excludes warranties of merchantability and fitness.
  6. Notices. Either party may notify the other using the most recent contact information provided by the other. Our current contact: API@vlipsy.com
  7. Applicable law. These terms are governed by the law of the State of Georgia. Should any dispute arise, the parties agree to accept jurisdiction and venue of the courts in the place where the defendant is located.