Terms of Service

The following terms and conditions govern all use of the CumulusClips.com website and all content, services and products available at or through the website (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CumulusClips's Privacy Policy) and procedures that may be published from time to time on this site by CumulusClips (collectively, the “Agreement”). Your agreement is with CumulusClips (“CumulusClips” or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CumulusClips, acceptance is expressly limited to these terms.

  1. Your CumulusClips.com Account and Site. If you create a video website on the Website (taken together "Video Site"), you are responsible for maintaining the security of your account and Video Site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Video Site. You must not describe or assign keywords to your Video Site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. CumulusClips may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause CumulusClips liability. You must immediately notify CumulusClips of any unauthorized uses of your Video Site, your account or any other breaches of security. CumulusClips will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a Video Site, comment on a Video Site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. By submitting Content to CumulusClips for inclusion on Website, you grant CumulusClips a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Video Site. This license allows CumulusClips to make publicly-posted content available to third parties selected by CumulusClips so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other CumulusClips.com users permission to share your Content on other CumulusClips.com sites and add their own Content to it. If you delete Content, CumulusClips will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, CumulusClips has the right (though not the obligation) to, in CumulusClips’s sole discretion (i) refuse or remove any content that, in CumulusClips’s reasonable opinion, violates any CumulusClips policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in CumulusClips’s sole discretion. CumulusClips will have no obligation to provide a refund of any amounts previously paid.

  3. Prohibited Content. Prohibited content ("Prohibited"), includes, but is not limited to Content containing pornography, nudity, indecent behavior, adult dating and live chat, sexually related content, illicit drugs, drug paraphernalia, crime or violent activity, gambling, counterfeit goods or services, pay-to-remove, mugshot, or ransom schemes, multi-level marketing. We may deem Content to be Prohibited at any time. We may also alter the definition of Prohibited at any time. Content found to be Prohibited will be removed and result in the Video Site and account being terminated.
  4. Payment and Renewal.
    • General Terms.
      Paid subscriptions for video website hosting services are available on the Website (any such subscription, “Subscription”). By selecting a Subscription you agree to pay CumulusClips the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly subscription period as indicated.
    • CumulusClips Renewal.
      Unless you notify CumulusClips before the end of the applicable subscription period that you want to cancel a Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable monthly fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Subscriptions section of your account.
  5. Responsibility of Website Visitors. CumulusClips has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CumulusClips does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CumulusClips disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CumulusClips.com links, and that link to CumulusClips.com. CumulusClips does not have any control over those non-CumulusClips websites and webpages, and is not responsible for their contents or their use. By linking to a non-CumulusClips website or webpage, CumulusClips does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CumulusClips disclaims any responsibility for any harm resulting from your use of non-CumulusClips websites and webpages.
  7. Copyright Infringement and DMCA Policy. As CumulusClips asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CumulusClips.com violates your copyright, you are encouraged to notify CumulusClips in accordance with CumulusClips’s Digital Millennium Copyright Act (“DMCA”) Policy. CumulusClips will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CumulusClips will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of CumulusClips or others. In the case of such termination, CumulusClips will have no obligation to provide a refund of any amounts previously paid to CumulusClips.
  8. Intellectual Property. This Agreement does not transfer from CumulusClips to you any CumulusClips or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CumulusClips. CumulusClips, CumulusClips.com, the CumulusClips logo, and all other trademarks, service marks, graphics and logos used in connection with CumulusClips, or the Website are trademarks or registered trademarks of CumulusClips or CumulusClips’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any CumulusClips or third-party trademarks.
  9. Attribution. CumulusClips reserves the right to display attribution links including but not limited to ‘Powered by CumulusClips.com’, theme author, and font attribution in your video website footer or other sections. Attributions may not be altered or removed regardless of upgrades purchased.
  10. Domain Names. If you are using a custom domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).
  11. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. Such changes are in CumulusClips’s sole discretion. CumulusClips encourages visitors to frequently check this page for any changes to its Terms. If you have a CumulusClips.com subscription, you should also check your video site’s dashboard for alerts to these changes. Your continued use of this Website after any change in these Terms will constitute your acceptance of such change.
  12. Termination. CumulusClips may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CumulusClips.com account (if you have one), you may simply cancel your Subscription in the Subscription section of your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  13. Disclaimer of Warranties. The Website is provided “as is”. CumulusClips and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CumulusClips nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  14. Limitation of Liability. In no event will CumulusClips, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CumulusClips under this agreement during the twelve (12) month period prior to the cause of action. CumulusClips shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the CumulusClips Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  16. Indemnification. You agree to indemnify and hold harmless CumulusClips, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  17. Miscellaneous. This Agreement constitutes the entire agreement between CumulusClips and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CumulusClips, or by the posting by CumulusClips of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, Florida.