Thanks for choosing Abaver, Inc. (“Clippingster”, “we”, “us”, “our”). By signing up or otherwise visiting, using, or engaging with our website (“clippingster.com”) and services (together, the “Clippingster’s Website” or “Site”), or accessing any content or material that is made available by Abaver, Inc. through the Service You (“you”, client, “user”, “customer”) are entering into a binding contract with Abaver, Inc. The Abaver, Inc. Service also includes the Client areas further specified in the Client area section.
Please read the Agreements carefully. They ensure crucial information regarding Clippingster’s services provided given for your requirements personally and some other prices, taxes, and service costs that we charge you.
In order to use Clippingster’s Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s permission to the Agreements; (2) have the power to enter a binding contract with us and not be prohibited from doing so under any applicable laws; and (3) resident in a country where the Site is available. You also promise that any registration information that you submit to Clippingster is correct, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Sporadically we can, at our discretion, create changes for this Agreements. It’s the obligation to look at these loopholes occasionally for improvements. Your continuing use of the Site after posting of changes will probably signify that you accept and consent on these fluctuations. Provided that you comply with using those concessions, Clippingster gives you an individual, non-exclusive, non-transferable, restricted freedom to enter and make use of the Site.
3. Site Limitations and Modifications
Clippingster will make creative efforts to keep the Clippingster Site operational. However, specific technical difficulties or maintenance may, from time to time, result in short interruptions. To the extent admissible under applicable law, Clippingster owns the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Clippingster Service, with or without notice, all without liability to you, except where forbidden by law, for any interruption, modification, or discontinuation of the Clippingster Service or any function or feature thereof. You understand, agree, and accept that Clippingster has no responsibility to maintain, support, upgrade, or update the Site, or to provide all or any specific content through the Site. This section will be enforced to the extent permitted by applicable law. Clippingster and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
4. Using the Site
Here’s some information regarding all the ways you can use the Site.
4.1 Our Services
Clippingster provides clipping path and other Photoshop services. Clippingster requires full payment when you submit your order for Services unless otherwise agreed upon by both Parties. You can request a quote before purchasing. You can learn more about our services by visiting our website.
4.2 Client Area, Account Creation, and Passwords
As a condition to using specific products and services of the Service, User may be required to register with Clippingster and choose a password. User shall provide Clippingster with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in direct termination of User’s account. You are entirely liable for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify Clippingster immediately of any unauthorised use of your account or password, or any other breach of security. However, you may be held responsible for losses incurred by Clippingster or any other user of or visitor to the Site due to someone else using your username, password or account.
5. Rights We Grant to You
The Clippingster and the Content are the assets of Abaver, Inc., Clippingster, and its affiliated/associated companies. We allow you a limited, non-exclusive, revocable license to make use of the Site, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall endure in effect until and unless terminated by you or Clippingster. You ensure and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Site or the Content.
All Clippingster trademarks, service marks, trade names, logos, domain names, and any other features of the Clippingster brand (“Clippingster Brand”) are the sole property of Clippingster or its licensors. The Agreements do not grant you any rights to use any Clippingster Brand whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Site, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Clippingster grants no right, title, or interest to you in the Site or Content.
6. Third Party Applications
Clippingster is integrated with third-party applications, websites, and services, including but not limited to WordPress, PayPal, BrickFTP, Crisp and Stripe (“Third-Party Applications”), to make available content, products, and/or services to you. These Third-Party Applications may have their terms and conditions of use and privacy policies and your use of these Third Party Applications will be administered by and subject to such terms and conditions and privacy policies. You understand and agree that Clippingster does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Applications.
7. User-Generated Content
Clippingster users may post, upload, and/or contribute (“post”) content to the Site to obtain services (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Client Area (“the client”) as well as any other part of the Site.
You promise that, with regard to any User Content you post on the Site, (1) you have the right to post such User Content, and (2) such User Content, or its use by Clippingster as contemplated by the Agreements, does not violate the Clippingster Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Clippingster of any entity or individual without express written consent from such individual or entity.
Clippingster may, but has no responsibility to, monitor, review, or edit User Content. In all cases, Clippingster reserves the right to remove or disable access to any User Content or account for any or no reason, including but not limited to, User Content that, in Clippingster’s sole discretion, violates the Agreements. Clippingster may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you provide. Clippingster is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST CLIPPINGSTER RELATED TO USER CONTENT THAT YOU PROVIDE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD CLIPPINGSTER HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
8. Rights You Grant Us
In concern for the rights allowed to you under the Agreements, you grant us the right (1) to allow the Clippingster Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Clippingster Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by Clippingster may contain advertising as part of the Content. In such cases, Clippingster will make such Content available to you unmodified.
Unless you have advised the Clippingster otherwise in writing, you agree that we may use your images on our website (including a link to the homepage of your site) and in our marketing materials.
If you provide feedback, ideas or suggestions to Clippingster in connection with the Clippingster Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorise Clippingster to use that Feedback without restriction and payment to you. Feedback is considered a type of User Content.
9. User Guidelines
Clippingster respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Site, to make sure Clippingster can continue providing service via their Site.
The following isn’t allowed for any reason whatsoever:
- Copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, or making available to the public any part of the Clippingster Site or the Content, or otherwise making any use of the Clippingster Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Clippingster Service or the Content or any part of it;
- Transferring copies of cached Content from an authorized Device to any other Device via any means;
- Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Clippingster Service, Content or any part thereof unless permitted by applicable law;
- Circumventing any technology used by Clippingster, its licensors, or any third party to protect the Content or the Service;
- Selling, renting, sublicensing or leasing of any part of the Clippingster Service or the Content;
- Circumventing any territorial limitations applied by Clippingster or its licensors, or otherwise manipulating the Services by using a script or other automated process;
- Removing or modifying any copyright, trademark, or other intellectual property notices contained on or provided through the Clippingster Service (including to disguise or changing any indications of the ownership or source of any Content);
- Providing your password to any other person or using any other person’s username and password;
- “Crawling” the Clippingster Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Clippingster; or
- Selling a user account, or otherwise accept any reward, consideration, financial or otherwise.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Clippingster account. You also agree that Clippingster may also reclaim your username for any reason.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
10. Intellectual Property
Clippingster respects the rights of intellectual property owners. If you understand that any Content infringes your intellectual property rights or other rights, please contact us at firstname.lastname@example.org.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Clippingster or its content suppliers and protected by the United Kingdom and international copyright laws. The collection of all content on the Site is the exclusive property of Clippingster and protected by U.K. and international copyright laws. All software used on (or provided through) the Site is the property of Clippingster or its software suppliers and protected by the United States and international copyright laws. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extract for your personal and non-commercial use only.
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or another form of the electronic retrieval system.
11. Customer Support
For customer support on account- and payment-related questions (“Customer Support Queries”), please contact our Customer Service department at email@example.com. We will use reasonable efforts to respond to all Customer Support Queries within a moderate, but we make no guarantees or warranties of any kind that any Customer Support Queries will be returned to within any particular time frame and/or that we will be able to answer any such queries satisfactorily.
12. Payments, Refunds, and Cancellations
12.1 Payment and Extended Credit
Clippingster requires all individual clients to pay for work in full up front before work begins. Payment methods are Paypal, credit cards, or Edit Credits. Corporate clients may be extended credit, subject to satisfactory reference checks and at the responsibility of Clippingster. Any Clients with extended credit will need to sign a contract sent by a member of the team. Full payment for the work will be required no more than 4 (four) days after delivery. Clippingster may also allow for recurring monthly payment options. Under such arrangement, the client pays monthly for all Services rendered during that period. Clippingster reserves the right to cancel any extended credit to any client for non-payment at any time. All expenses will be agreed in advance.
12.2 Quality Guarantee & Refunds
Clippingster strives to provide services of the highest quality. In the unlikely event that you are not satisfied with the results of your project, we will make reasonable corrections and amendments as necessary All revisions and refund requests must be made within 14 days of delivery. We also reserve the right to cancel any amendment request, if the Client changes the requirements from what was initially requested. If the edited images follow the same quality standard as an approved sample image, Clippingster cannot refund that order. We do understand that sometimes things change outside of our control, so we may be able to adjust the images to meet your needs at a reduced cost. Any amendments made as part of our quality guarantee are without prejudice to Clippingster or its associate companies. Payments for quotes can be purchased directly from Clippingster. If a customer has downloaded their images And is unable to provide a valid reason for dissatisfaction, no refund will be provided.
If you believe you are entitled to receive a refund of any monies paid to Clippingster, please contact Customer support.
Prices may vary for services provided. Clippingster may change the price for pre-paid work or credit (for work products not yet paid for) and will communicate any price changes to you before confirming a new order. As permitted by local law, you accept the new price by continuing to use Clippingster’s Service after the price change takes effect. Clippingster reserves the right to revise our prices periodically, and that will have an immediate impact on relevant services. We might not notify clients about these changes, but they will see the price before confirming any new order unless there is a separate agreement with any client.
12.4 Promotional Offers and Discounts
Clippingster may have offers in the form of coupon codes or other means. Clippingster reserves the right to cancel promotional offers or discounts without assigning any reason.
12.5 The Click Customer Loyalty and Referral Program
The Stear is Clippingster’s customer loyalty and referral program. Clients may refer friends, colleagues and family members to Clippingster and may not be used in any other way. Clients may not use multiple email addresses to earn rewards, and referrals may not use multiple email addresses to earn additional rewards. Violation of such terms will be considered as an abuse of the program and any reward given will be withdrawn or canceled. Clippingster reserves the right to cancel or remove any rewards such as Click Points or Edit Credits for any reason.
12.6 Edit Credits
Edit Credits may be purchased to redeem on Services. Edit Credits expire one year from the date of the last Edit Credit purchase associated with a Clippingster user account. Edit Credits are non-refundable and must be used to purchase Services from Clippingster. If a refund is applied to an order which was paid with Edit Credits, Clippingster will only refund Edit Credits and not the monetary value of the Edit Credits or Services. Purchasing Edit Credits does not guarantee you a specified price or freeze in the cost of Services. Prices for Services are applicable at the time of requesting a quote and placing an order, not at the time of purchasing Edit Credits.
13. Quotes and Orders
If the images of a Client’s order does not match the sample provided with the original quote, the order may be cancelled. Clippingster may offer a new quote which the Client can use to place a separate order. If an order is placed using an order template for which the original quote provided was based on the different type or category of images, Clippingster may cancel the order and provide a new quote the Client can use to place a separate order.
14. Turnaround Time
When a Client selects a turnaround time when placing an order, that time begins after the Client has finished uploading all of the images to be edited. The time does not start when the order is submitted.
15. Term and Termination
The Agreements will continue to apply to you until terminated by either you or Clippingster. However, you acknowledge and agree that the perpetual license granted by you concerning User Content, including Feedback, is irrevocable and will, therefore, continue after expiry or termination of any of the Agreements for any reason. Clippingster may terminate the Agreements or suspend your access to the Clippingster Site or Customer Portal at any time, including in the event of your actual or suspected unauthorised use of the Clippingster Service and/or Content, or non-compliance with the Agreements. If you or Clippingster terminate the Agreements, or if Clippingster suspends your access to the Clippingster Service, you agree that Clippingster shall have no liability or responsibility to you, and Clippingster will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Clippingster account, please contact us at firstname.lastname@example.org. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
16. Warranty and Disclaimer
We endeavour to provide the best service we can, but you understand and agree that the clippingster site is provided “as is” and “as available”, without express or implied warranty or condition of any kind. You use the clippingster service at your own risk. To the fullest extent permitted by applicable law, clippingster and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither clippingster nor any owner of content warrants that the clippingster service is free of malware or other harmful components. In addition, clippingster makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the clippingster service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that clippingster is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the clippingster site. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from clippingster shall create any warranty on behalf of clippingster in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
This does not affect your statutory rights as a consumer.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the clippingster service is to stop using the clippingster site. While clippingster accepts no responsibility for third-party applications or the content thereof, and while separate agreements with such third parties may govern your relationship with such third-party applications, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to clippingster, for any problems or dissatisfaction with third-party applications or the content thereof, is to uninstall and/or stop using any such third-party applications.
To the fullest extent permitted by law, in no event will clippingster, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for
- Any indirect, special, incidental, punitive, exemplary, or consequential damages;
- Any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the clippingster service, third-party applications, or third party application content, regardless of legal theory, without regard to whether clippingster has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose;
- Aggregate liability for all claims relating to the clippingster service, third-party applications, or third party application content more than the amounts paid by you to clippingster during the prior twelve months in question, to the extent permissible by applicable law.
18. Third-Party Rights
You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Clippingster, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
19. Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Clippingster, the Agreements constitute all the terms and conditions agreed upon between you and Clippingster and supersede any prior agreements concerning the subject matter of these Agreements, whether written or oral.
20. Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Clippingster or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Clippingster’s or the applicable third party beneficiary’s right to do so.
Clippingster may assign the Agreements or any part of them, and Clippingster may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
22. Applicable Law
These terms and conditions shall be governed by and interpreted with English law. You agree to submit to the exclusive jurisdiction of the English courts.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Clippingster harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of:
- your breach of this Agreement;
- any User Content;
- any activity in which you engage on or through the Clippingster Site; and
- your violation of any law or the rights of a third party.
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26. Contact Us
If you have any questions concerning the Clippingster Service or the Agreements, please contact Clippingster Customer Service at email@example.com.