Klipster Terms of Service

As of July 24, 2024

Acceptance of These Terms of Service

Klipster, Inc. (“Klipster,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website located at https://klipster.live (the “Site”) and through our mobile applications and related technologies (“Mobile Apps”, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

If you are entering into these Terms of Service on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and may not use the Service.

Klipster reserves the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms & Conditions” link on the Site and under the “Terms & Conditions” section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST KLIPSTER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy

At Klipster, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.klipster.live/privacyPolicy and under the “Privacy Policy” section of our Mobile App (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description

The Service is a centralized online real estate marketplace for buyers and renters to access in real time. The Service is a platform to show all real estate related video including livestreams in real time, in one place; interacts across other social platforms; and offers unique features (patents pending) to offer live discovery, filtering, searching, direct chat, free listings, simulcasting and the ability to submit an instant application.

Your Registration Obligations

You may be required to register with Klipster or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by Klipster to confirm such express consent.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Klipster of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Klipster will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service

Klipster reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Klipster will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that Klipster may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Klipster’s or its third-party service providers’ servers on your behalf. You agree that Klipster has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Klipster reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Klipster reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct

You are solely responsible for all content that you make available to Klipster, including by uploading, posting, publishing, displaying via the Service, emailing or otherwise making available to others (collectively, “User Content”). Examples of prohibited content or uses include:

  • Emailing or uploading content that infringes any intellectual property or proprietary rights.
  • Uploading software viruses or other code to interrupt or damage.
  • Content that poses privacy or security risks.
  • Unsolicited advertising, spam, chain letters, pyramid schemes, contests, sweepstakes, or other solicitations.
  • Unlawful, harmful, threatening, abusive, harassing, tortious, violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, discriminatory or otherwise objectionable content.
  • Interfering with or disrupting the Service or connected networks.
  • Violating any applicable law or regulation.
  • Impersonating any person or entity or misrepresenting affiliation.
  • Soliciting personal information from anyone under 18.
  • Harvesting other users’ contact information for unsolicited communication.
  • Advertising or selling unauthorized goods or services.
  • Furthering criminal activity or instructing illegal acts.
  • Obtaining content not made available through the Service.
  • Circumventing content protections or geographic restrictions (including VPN use).
  • Engaging in data mining, scraping or similar extraction methods.

If blocked by Klipster (including IP blocking), you agree not to circumvent such blocks.

Competitors

No employee, contractor, agent, or affiliate of competing real estate companies may access or use the Service without Klipster’s written permission. By accessing, you represent you are not a competitor or acting on behalf of one.

Fees

Use of any paid portion of the Service requires payment plan selection and valid payment info. You agree to update billing info promptly. Subscription fees may auto-renew and you authorize billing accordingly unless canceled. Price changes require 30-day notice. You are responsible for taxes except on Klipster’s net income.

Payment Processing

Klipster does not process payments directly. Payments processed by third-party Payment Processors under their terms and policies. You agree to those Payment Processor agreements when using payment functions. Payment Processor may store and bill until canceled. Klipster assumes no liability for payments.

Refunds and Cancellations

Payments are final and non-refundable unless Klipster determines otherwise. Cancel subscriptions by emailing support@klipster.live.

Mobile Services and Software

Mobile Services

The Service offers mobile capabilities including uploads, browsing, and feature access. Carrier data and message rates may apply. Some carriers or devices may restrict functionality.

Telephonic Communications Services

By providing your phone number, you consent to calls, texts, automated or prerecorded from Klipster or affiliates for marketing or information, even if on Do Not Call lists. You can opt out by replying “STOP” or updating info. Carrier rates apply. You represent consent to invitees to receive messages.

Mobile App License

You are granted a limited, revocable, non-exclusive, non-transferable license to install and use the Mobile App on one device for personal use, subject to these Terms.

Ownership and Restrictions

The technology and software underlying the Service are Klipster’s or licensors’ property. You agree not to copy, reverse engineer, transfer rights, or modify the Software.

International Use and Export Controls

You are responsible for compliance with applicable laws and US export controls. Unauthorized exporting or use is prohibited.

Third-Party Distribution Channels

Software from Apple App Store, Google Play, or others may be subject to their terms. Klipster’s Terms apply between you and Klipster only.

Apple-Enabled Software

  • Apple is not a party; Klipster is responsible for Apple-enabled software.
  • Use conforms to Apple Media Services Terms.
  • License limited to your iOS device; family sharing may apply.
  • Apple disclaims maintenance, warranties; refund claims go to Apple; Klipster responsible for product claims.
  • Apple is a third-party beneficiary to these Terms regarding Apple software.
  • Contact for Apple-related issues: support@klipster.live, (347) 522-0043, 1027 46th Avenue, Long Island City, NY.

Google-Sourced Software

Terms apply as per Google Play. Google is a third-party beneficiary solely for enforcement.

Open Source Software

Software may contain open source components governed by separate licenses. Available upon request.

Intellectual Property Rights

Service Content

All Service content is protected by intellectual property laws. Unauthorized copying, modification, or distribution prohibited.

Trademarks

Klipster names and logos are trademarks. Others may belong to third parties. Use only with permission.

Third-Party Material

Klipster is not liable for third-party content; may remove objectionable material.

User Content

You warrant ownership of your User Content and assign rights to Klipster. Klipster may use submissions without obligation.

Copyright Complaints

DMCA complaints can be sent to: support@klipster.live or by mail to:
Copyright Agent
Klipster, Inc.,
1027 46th Avenue,
Long Island City, NY 11102.

Include your signature, description of infringed work, location of infringing content, contact info, good faith statement, and accuracy statement under penalty of perjury.

Counter-Notice

If removed content belongs to you or is authorized, send counter-notice with signature, identification of content, good faith belief statement, contact info, consent to jurisdiction and service of process.

Repeat Infringer Policy

Klipster may terminate repeat infringers’ accounts or limit access.

Third-Party Services and Websites

Service may link or integrate with third-party services. Klipster is not responsible or liable for third-party sites or privacy practices. Your dealings with third parties are your responsibility.

Indemnification

You agree to indemnify and hold harmless Klipster and affiliates from claims, damages, losses, or expenses arising from your use or violations.

Disclaimer of Warranties

The Service is provided “as is” and “as available.” Klipster disclaims all warranties, express or implied.

Limitation of Liability

Klipster is not liable for indirect or consequential damages. Total liability limited to the greater of $100 or amounts paid in the prior six months.

Dispute Resolution by Binding Arbitration

Disputes will be resolved exclusively by binding arbitration, waiving class actions and jury trials except where prohibited.

Termination

Klipster may suspend or terminate accounts or access for violations or inactivity without notice.

User Disputes

You are responsible for interactions with other users. Klipster may but is not obligated to intervene.

General

These Terms are the entire agreement and governed by New York law. Claims must be filed within one year. You may not assign; Klipster may assign. Section titles are for convenience only.

U.S. Government Restricted Rights

Service is provided with “RESTRICTED RIGHTS” per applicable US government regulations.

Questions? Concerns? Suggestions?

Contact support@klipster.live.