Terms of Use

Introduction

Leaderclips Inc. ("Leaderclips") provides a web site and online services (the "Leaderclips Site"). The following Terms of Use for the Leaderclips Site is a legal contract between you, a visitor, user, or browser ("You"), and Leaderclips regarding your use of the Leaderclips Site. Visitors and users of the Leaderclips Site are referred to individually as "User" and collectively as "Users".

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE LEADERCLIPS SITE, YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING A BENEFIT AND HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS").

1. Privacy Policy

Your privacy is important to Leaderclips. Leaderclips' Privacy Policy is available on our site. Please read this notice carefully for information relating to Leaderclips' collection, use, and disclosure of your personal information.

2. Additional Guidelines

When using the Leaderclips Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

3. Modification of these Terms

Leaderclips reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Leaderclips Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Leaderclips Site.

 

 

4. User Postings License Grant; Representations and Warranties

4.1 User Postings Generally

Leaderclips may now or in the future permit the posting by You and other Users of notes, written works, images and videos or other communications (collectively, "User Postings") and the hosting, sharing, and/or publishing of such User Postings.

4.2 Limited License Grant to Leaderclips

By submitting or distributing User Postings on or through the Leaderclips Site, You hereby grant to Leaderclips a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

4.3 User Postings Representations and Warranties

You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Leaderclips and Leaderclips’ Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by Leaderclips and these Terms of Use; (2) your User Postings do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code. VIOLATORS OF THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. LEADERCLIPS RESERVES ALL RIGHTS AND REMEDIES AGAINST ANY USER WHO VIOLATES THESE TERMS OF USE.

4.4 User Postings Disclaimer

You understand that when using the Site You will be exposed to User Postings from a variety of sources, and that Leaderclips is not responsible for the content of such User Postings (including, without limitation, the accuracy, usefulness, or intellectual property rights of or relating to such User Postings). You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Leaderclips with respect thereto. Leaderclips does not endorse or adopt any User Postings or any opinion, recommendation or advice expressed therein, and Leaderclips expressly disclaims any and all liability in connection with User Postings. If notified by a User or a content owner of a User Posting that allegedly does not conform to these Terms of Use, Leaderclips may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. For clarity, Leaderclips does not permit copyright infringing activities on the Site.

5. Digital Millennium Copyright Act

It is Leaderclips' policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Leaderclips' DMCA Notification Policy on our site. Leaderclips will promptly terminate without notice your access to the Leaderclips Site if You are determined by Leaderclips to be a "repeat infringer."

6. Prohibited Conduct

BY USING THE LEADERCLIPS SITE YOU AGREE NOT TO:

6.1 use the Leaderclips Site for any purposes other than to view content on the Leaderclips Site, share content from the Leaderclips Site using methods provided by Leaderclips, and/or access the Leaderclips Site for any services and/or activities offered on the Leaderclips Site;

6.2 rent, lease, loan, sell, resell, sublicense, distribute, broadcast, performance, display, copy, or assign any Materials (as defined below);

6.3 post anything on the Leaderclips Site in any manner in which Users may be allowed to post content, including, but not limited to, comments, screen names, personal information, or trivia questions, that is unlawful, that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or that disparages any film clip on the Leaderclips Site, or any person appearing in or talent associated with any film clip on the Leaderclips Site, as determined in Leaderclips' sole discretion;

6.4 copy, by any means, or post any Leaderclips content, including copying, pasting or posting on any third party website;

6.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Leaderclips Site accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Leaderclips Site, or perform any other similar fraudulent activity;

6.6 delete the copyright notices or other proprietary rights on the Leaderclips Site or User Postings;

6.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Leaderclips Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

6.8 use the Leaderclips Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

6.9 defame, harass, abuse, threaten or defraud Users of the Leaderclips Site, or collect, or attempt to collect, personal information about Users or third parties without their consent;

6.10 use the Leaderclips Site for any commercial use, it being understood that the Leaderclips Site is for personal, non-commercial use only;

6.11 use the Leaderclips Site if You are under the age of 13 years old, or access portions of the Leaderclips Site which are for Users over 17 years old if you are under the age of 17;

6.12 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Leaderclips Site, features that prevent or restrict use or copying of any content accessible through the Leaderclips Site or User Postings, or features that enforce limitations on the use of the Leaderclips Site or User Postings;

6.13 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Leaderclips Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

6.14 modify, adapt, translate or create derivative works based upon the Leaderclips Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or

6.15 intentionally interfere with or damage operation of the Leaderclips Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

6.16 display or show for public performance, any Materials shown on the Leaderclips Site.

7. Membership Account

If you register a membership with Leaderclips, You are solely responsible for maintaining the confidentiality of your membership account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your membership account or password. You agree that the information You provide to Leaderclips on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your membership account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your membership ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Leaderclips. You may be liable for the losses incurred by Leaderclips or others due to any unauthorized use of your Leaderclips Site membership account.

8. Third-Party Sites, Products and Services; Links

The Leaderclips Site may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Leaderclips does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Leaderclips Site are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

9. Termination; Terms of Service Violations.

9.1 LEADERCLIPS

You agree that Leaderclips, in its sole discretion, for any or no reason, and without penalty, may terminate any membership account (or any part thereof) You may have with Leaderclips or your use of the Leaderclips Site and remove and discard all or any part of your membership account, and any User Postings, at any time. Leaderclips may also in its sole discretion and at any time discontinue providing access to the Leaderclips Site, or any part thereof, with or without notice. You agree that any termination of your access to the Leaderclips Site or any membership account You may have or portion thereof may be effected without prior notice, and You agree that Leaderclips will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Leaderclips may have at law or in equity. As discussed herein, Leaderclips does not permit copyright infringing activities on the Leaderclips Site, and will terminate access to the Leaderclips Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.

9.2 You

Your only remedy with respect to any dissatisfaction with (i) the Leaderclips Site, (ii) any term of these Terms of Use, (iii) Guidelines, (iv) any policy or practice of Leaderclips in operating the Leaderclips Site, or (v) any content or information transmitted through the Leaderclips Site, is to terminate this Terms of Use and your membership account. You may terminate this Terms of Use at any time by deleting your membership account with the Leaderclips Site and discontinuing use of any and all parts of the Leaderclips Site.

10 Ownership; Proprietary Rights

The Leaderclips Site is owned and/or operated by Leaderclips. The film clips, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Leaderclips Site provided by Leaderclips (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Leaderclips Site are the property of Leaderclips or its subsidiaries or affiliated companies, of third-party licensors who have granted consent, either to Leaderclips or third party providers, to display such works. All trademarks, service marks, and trade names are proprietary to Leaderclips or its affiliates and/or third-party licensors. Except as expressly authorized by Leaderclips, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Leaderclips reserves all rights not expressly granted in this Terms of Use.

11. Indemnification

You agree to indemnify, save, and hold Leaderclips, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Leaderclips Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Leaderclips reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Leaderclips, and You agree to cooperate with Leaderclips' defense of these claims. Leaderclips will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

12. Disclaimers; No Warranties

12.1 No Warranties

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEADERCLIPS, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEADERCLIPS OR THROUGH THE LEADERCLIPS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 12 THE TERM LEADERCLIPS INCLUDES LEADERCLIPS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

12.2 "As is" and "As available" and "With All Faults"

YOU EXPRESSLY AGREE THAT USE OF THE LEADERCLIPS SITE IS AT YOUR SOLE RISK. THE LEADERCLIPS SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER POSTINGS, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE LEADERCLIPS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

12.3 Content

LEADERCLIPS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER POSTINGS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE LEADERCLIPS SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

12.4 Accuracy

LEADERCLIPS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LEADERCLIPS SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

12.5 Harm to Your Computer

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE LEADERCLIPS SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

13. Limitation of Liability and Damages

13.1 Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL LEADERCLIPS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE LEADERCLIPS SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH LEADERCLIPS, EVEN IF LEADERCLIPS OR A LEADERCLIPS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LEADERCLIPS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13.2 Limitation of Damages

IN NO EVENT WILL LEADERCLIPS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE LEADERCLIPS SITE OR YOUR INTERACTION WITH OTHER LEADERCLIPS SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LEADERCLIPS SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER.

13.3 Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LEADERCLIPS AND RECEIVED THROUGH OR ADVERTISED ON THE LEADERCLIPS SITE OR RECEIVED THROUGH ANY REFERENCE SITES.

13.4 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT LEADERCLIPS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LEADERCLIPS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LEADERCLIPS. LEADERCLIPS WOULD NOT BE ABLE TO PROVIDE THE LEADERCLIPS SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13.5 Limitations by Applicable Law

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

13.6 Consumer End Users (Outside of the USA).

This Section 13.6 applies only to Users residing and using the Leaderclips Site outside of the United States. The limitations or exclusions of warranties and liability contained in this Terms of Use do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the USA. The limitations or exclusions of warranties, remedies or liability contained in this Terms of Use apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.

14. Miscellaneous

14.1 Notice

Leaderclips may provide You with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Leaderclips Site. Notice will be deemed given twenty-four hours after email is sent, unless Leaderclips is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Leaderclips Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Leaderclips Site is deemed given 30 days following the initial posting.

14.2 Waiver

The failure of Leaderclips to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Leaderclips.

14.3 Dispute Resolution and Arbitration

(a) Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law.

(b) Arbitration. For any claim related to these Terms of Use or the Leaderclips Site, excluding claims for injunctive or other equitable relief, where the total amount sought is less than five thousand U.S. Dollars ($5,000.00 USD), either Leaderclips or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Leaderclips will be filed only in the state or federal courts in and for Oakland County, Michigan, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3(b) regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

(d) Improperly Filed Claims. All claims you bring against Leaderclips must be resolved in accordance with this Section 14.3. All claims filed or brought contrary to this Section 14.3 shall be considered improperly filed. Should either party file a claim contrary to this Section 14.3, the other party may recover attorneys' fees, plus costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.

14.4 Severability

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

14.5 Assignment

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Leaderclips without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

14.6 Survival

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 9 through 14.

14.7 Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

14.8 Entire Agreement

These Terms, the Privacy Policy, the Digital Millennium Copyright Notification Guidelines, and other Guidelines constitute the entire agreement between You and Leaderclips relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by Leaderclips as set forth in Section 3 above.

14.9 Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LEADERCLIPS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

 

 

Last Modified: 05/16/2013

Privacy Policy

Intro

Leaderclips, Inc. ("Leaderclips") provides web site and online services (the "Leaderclips Site"). Leaderclips values the privacy of our members and others who visit and use the Leaderclips Site (individually, "You" or collectively, "Users"). We take your privacy seriously and make it a priority to protect personally identifiable information that we obtain from and about individuals both online and off-line.

This Privacy Policy describes what information we gather from you, how we use that information, and what we do to protect it. By using the Leaderclips Site (whether or not you are a registered member), you expressly consent to the information handling practices described in this policy. If you do not want information about you to be used in the manner set forth in this Privacy Policy, please do not use the Leaderclips Site.

This Privacy Policy is incorporated into and is subject to the Leaderclips Terms of Use. Your use of the Leaderclips Site and any personal information you provide on the Leaderclips Site are subject to the terms of this Privacy Policy and Leaderclips' Terms of Use.

The Information Leaderclips Collects

User-provided Information

When you register as a member of the Leaderclips Site, you may provide to Leaderclips what is generally called "personally identifiable" information (such as your name, password, email address, postal mailing address, employment information, strength assessment results, home/mobile telephone number, gender). From time to time, Leaderclips may also ask you optionally to provide other information. If you choose to provide such information, you are giving Leaderclips the permission to use and store it consistent with this policy. Therefore, please understand that when you sign in with Leaderclips, you are not anonymous to us.

“Cookies” Information

When you visit the Leaderclips Site, whether or not you are a registered member, we may send one or more cookies " small text files containing a string of alphanumeric characters " to your computer. Cookies remember information about your activities on a website. Leaderclips may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Leaderclips Site. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. However, without cookies you will not have access to certain services on the Leaderclips Site. Third party advertisements displayed in connection with the Leaderclips Site may also contain cookies set by Internet advertisers. We do not control these cookies and users of the Leaderclips Site should check the privacy policy of the advertiser to see whether and how it uses cookies.

The Way Leaderclips Uses Information

Leaderclips collects personally identifiable information when you register as a member in order to establish and enhance our relationship with you. Leaderclips generally uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Leaderclips Site. If you have given Leaderclips consent, we may use your personally identifiable information to provide you with information about Leaderclips' features, services and other offerings that may be of interest to you. We may also send information or offers to groups of users on behalf of other businesses. Under certain circumstances we may post your personally identifiable information on the Leaderclips Site. However, we will notify you of this possibility when collecting personally identifiable information or we will obtain your consent. We may share your personally identifiable information with certain other websites that we link to (and that you click upon) in order to enhance your experience in connection with the Leaderclips Site.

Leaderclips uses all of the information that we collect from Users to understand and analyze the usage trends and preferences of our Users, to improve the way the Leaderclips Site works and looks, and to create new features and functionality.

Leaderclips may use "cookies" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Leaderclips Site; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.

If you have registered as a member and given Leaderclips consent, we may share your personally identifiable information with advertisers, business partners, and other entities that are not affiliated with Leaderclips who would like to send you information about their products and services.

Leaderclips' employees, agents and contractors must have a legitimate business reason to obtain access to the personally identifiable information you may provide to register as a member of Leaderclips. We may share your personally identifiable information with companies that provide services to us, including outside contractors or agents who help us manage our information activities, but they may only use your personally identifiable information to provide us with a specific service and not for any other purpose.

Anonymous Aggregated Data

Anonymous data is information (originally personally identifiable or non-personally identifiable) that subsequently is used in aggregate form. We may collect anonymous data whether or not you are a registered member of Leaderclips. We may use anonymous data for purposes of research or analysis. We may conduct research on our customer demographics, Internet usage, and interests and behavior based on personal data we gather. Although anonymous data may be based in part on personal data, it does not identify you personally.

Leaderclips may share this type of anonymous data with a variety of third parties, including its affiliates, advertisers, and other current and prospective business partners. Leaderclips may use anonymous data collected for website administration, advertising, and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. We may also enter into agreements with outside companies that possess technology that allows us to customize the advertising and marketing messages You receive while using the Leaderclips Site.

When Leaderclips Discloses Information

Leaderclips discloses automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Leaderclips Site.

Leaderclips may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.

Leaderclips also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Leaderclips from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Leaderclips Site; or to protect the rights, property, or personal safety of Leaderclips, our Users, or others.

In the event that Leaderclips is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

Your Choices

You may, of course, decline to share your personally identifiable information with Leaderclips, in which case Leaderclips will not be able to provide to you some of the features and functionality found on the Leaderclips Site. If you register as a member of Leaderclips, you may update, correct, or delete your profile information and preferences at any time by signing into your member account on the Leaderclips Site and following the applicable procedures set forth therein.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you membership account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND MEMBERSHIP ACCOUNT INFORMATION AT ALL TIMES.

Third-Party Advertisers, Links to Other Sites

The Leaderclips Site may be linked to Internet websites operated by other companies. Some of these websites may be co-branded with our name or logo, even though they are not operated or maintained by us. Leaderclips may also permit other companies, called third-party ad servers or ad networks, to serve advertisements within the Leaderclips Site. These third-party ad servers or ad networks may use technology to send, directly to your browser, some of the advertisements and links that appear on the Leaderclips Site. These advertisers may automatically receive your IP address if this happens. These advertisers may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.

You should consult the respective privacy policies of these third-party websites and third party ad servers or ad networks. Leaderclips' privacy policy does not apply to, and we cannot control the activities of, such other third party advertisers or web sites. Please be aware that Leaderclips does not warn you when you have chosen to link through to another website from the Leaderclips Site.

Our Commitment to Children's Privacy

Protecting the privacy of young children is especially important. For that reason, Leaderclips does not knowingly collect or maintain personally identifiable information on the Leaderclips Site from persons under 13 years-of-age. If Leaderclips learns that personally identifiable information of persons less than 13-years-of-age has been collected on Leaderclips without verifiable parental consent, then Leaderclips will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a Leaderclips Site membership account, then you may alert Leaderclips at This email address is being protected from spambots. You need JavaScript enabled to view it.

and request that Leaderclips delete that child's personal information from its systems.

Our Commitment to Data Security

Leaderclips uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Leaderclips, and you do so at your own risk. Once we receive your transmission of information, Leaderclips makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Leaderclips learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Leaderclips may post a notice on the Leaderclips Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors

The Leaderclips Site is hosted in the United States and is intended solely for visitors located within the United States. If you nonetheless choose to use the Leaderclips Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Leaderclips Site you consent to that transfer.

Changes and Updates to this Privacy Policy

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "Last Modified" date above. Please revisit this page to stay aware of any changes. Your continued use of the Leaderclips Site constitutes your agreement to this Privacy Policy and any future revisions.

Leaderclips Contact Information

Please contact Leaderclips with any questions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, or your consent choices via This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

Last Modified: 05/16/2013

Digital Millennium Copyright Act Notification Policy

Notification of Infringement

In general, Leaderclips is not the creator of any video content on the site, or is any such video content hosted by Leaderclips on its own server. Instead, Leaderclips provides to guests on its site links and viewing capability to other sites at which the content was originally available for viewing. As such, Leaderclips does not have the ability to take down any content from third party sites. It is only able to remove on its site any links to infringing materials. As used in this Section, “take down” means that Leaderclip will take down such links, since it does not itself host any of the material itself.

It is our policy to respond to clear notices of alleged copyright infringement. This page explains the information that must be included in these notices, as required by the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA compliant notice, Leaderclips Inc (“Leaderclips”) will expeditiously remove or disable access to the content that is the subject of the notice.

If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing Leaderclips’ Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Leaderclips Site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Leaderclips to locate the material.

4. Information reasonably sufficient to permit Leaderclips to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

Please note that Leaderclips may, at our discretion, send a copy of such notices to a third-party for publication. As such, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

Counter-Notification

The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Leaderclips may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Designated Copyright Agent

Leaderclips’ Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Address: Leaderclips Copyright Agent, P.O. Box 401, Sherborn, Massachusetts 01770-0401 
Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 
Phone: 508-647-4917 
Fax: 508-647-4917

Account Termination

In appropriate circumstances, Leaderclips will promptly terminate, without notice, the membership accounts of those determined in our sole discretion to be "repeat infringers."