Terms of Use

Effective as of July 4, 2019, BidClips, LLC, (“BidClips”) and its subsidiaries, (collectively, “we” or “us” or “our”) have updated terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to www.bidclips.com as well as any other websites that BidClips LLC operates and that link to these Terms of Use.

Terms

We provide the Websites to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 2 herein. By accessing the websites at https://bidclips.com, you are agreeing to be bound by these Terms, BidClips' Privacy Policy and BidClips' Cookie Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”) are detailed in and governed by our Service Agreement, or such other applicable agreement between you and any member of BidClips relating to your access to and use of such Services (“Service Agreement”).

Modifications to Terms

BidClips, Inc. may revise these Terms, including the addition or removal of terms at any time without notice, and such modifications, additions or deletions will be effective immediately upon posting. By using this website you are agreeing to be bound by the then current version of these terms of service.

Modifications to Websites

We may change or discontinue any aspect, service or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on BidClips' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on BidClips' website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by BidClips at any time. Upon terminating your viewing of these materials, or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

User Contributions Guidelines

The Websites may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Contributions”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Contributions to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.

Permitted and Prohibited Uses of Interactive Areas

You may use the Interactive Areas of the Websites for the sole purpose of sharing and exchanging ideas with other Users. You may not use them to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. By submitting User Contributions or participating in the Interactive Areas of the Websites, you agree:

not to upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
not to upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
not to upload any User Contributions which contain or advocate sexually explicit, suggestive, or pornographic material and content. This includes, but is not limited to, images, videos, language, text, and links to other content areas containing or discussing pornography, bestiality, pedophilia, incest, or any other content considered lewd or obscene.
not to communicate on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
not to compile and or use other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
not to send Users' personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
not to represent or suggest, directly or indirectly, BidClips' endorsement of User Contributions.
not to directly, or through direction of a third party, use any service, technology or automated system to artificially inflate the page views that your User Contributions receives. This includes pay-per-click services, web “robots” and any other current or future technologies.
not to directly, or through direction of a third party, use any technology, service or automated system to post more User Contributions than an individual could upload in a given period of time.

We acknowledge that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. In the event we become aware of such violations, we reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws.

User Contributions

We do not want to receive confidential or proprietary information from you through the Website. Any User Contributions, material, information, or other communication you transmit or post to the Website will be considered non-confidential. All User Contributions to this site are licensed by you under the MIT License to anyone who wishes to use them, including the Operators. If you work for a company or at a University, it's likely that you're not the copyright holder of anything you make, even in your free time. Before making User Contributions to this site, get written permission from your employer. By submitting User Contributions to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Contributions (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Contributions and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Contributions you submitted for the purposes contemplated in this license and that neither the User Contributions nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Contributions by a breach of these Terms.

Comments Sections and Discussion Forums

We have the right, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to comments sections, discussion forums and email lists, and the content of any such communications. We however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may edit or remove content on the the Website at our discretion at any time. Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Contributions submitted by you. We are not responsible for the accuracy or credibility of any User Contributions, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Contributions posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.

User Conduct Guidelines

The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, BidClips or BidClips employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.

Disclaimer

The materials on BidClips, LLC's website are provided on an 'as is' basis. BidClips, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BidClips, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE MATERIALS ON BIDCLIPS, LLC's WEBSITE ARE PROVIDED ON AN 'AS IS' BASIS. BIDCLIPS, LLC (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE WEBSITES AND ALL ASSOCIATED FEATURES, SERVICES, SOFTWARE AND EQUIPMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY BIDCLIPS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. THE MATERIALS APPEARING ON BIDCLIPS, LLC'S WEBSITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. FURTHER, BIDCLIPS, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETNESS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. BIDCLIPS, LLC MAY MAKE CHANGES TO THE MATERIAL CONTAINED ON ITS WEBSITE AT ANY TIME WITHOUT NOTICE AND DOES NOT MAKE ANY COMMITTMENT TO UPDATE THE MATERIALS.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MOBILE APPLICATION SOLUTIONS, INC (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES) BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE OR REQUIRED MODIFICATIONS TO YOUR EQUIPMENT, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE MAPVIEW OR ASSOCIATED FEATURES OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless BidClips LLC and its officers, directors, members, employees, parent, subsidiaries, and affiliates from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or these Terms by you (or any parties who use the Websites, with or without your permission, as your agent or an agent of your enterprise); (b) your use of the Websites, associated Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use the Websites, with or without your permission, as your agent or an agent of your enterprise); (c) negligent acts, errors, or omissions by you (or any parties who use the Websites, with or without your permission, as your agent or an agent of your enterprise); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Terms, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Websites, associated Equipment or the Internet.

Links

BidClips, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BidClips, LLC of the site. Use of any such linked website is at the user's own risk.

Copyright Notice

BidClips LLC responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, you may send a copyright infringement notice to BidClips, LLC at the following address:

Termination

We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 3, 4, and 6-15 shall survive termination of these Terms.

Governing Law

These Terms and your use of the Websites shall be governed by the laws of the State of Montana, excluding its conflicts of law rules. Each party expressly consents to the jurisdiction of the state and federal courts of Montana to resolve any dispute arising from these Terms and waives any defense of inconvenient or improper forum. The parties acknowledge and agree that these Terms relate solely to the use of the Websites and, accordingly, will not be governed by the Uniform Commercial Code of any state having jurisdiction. To the fullest extent permitted by law, you and BidClips, LLC 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 Websites must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Terms & Policies