Terms of Use Agreement

Agreement Overview

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Clapself, Inc. and its affiliated companies (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of Company's website, https://www.clapself.com website as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "Website"). This Agreement govern your use of Website, services, mobile apps, products, software tools and content ("Company Services")

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, DO NOT USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

Purchases & Payment

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for products you purchase, and you authorize Company to charge your chosen payment provider for any such purchases. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis until you cancel the applicable product or service.

Company reserves the right to correct any errors or mistakes in pricing. Sales tax will be added as deemed required. Company may change prices at any time. All payments shall be in U.S. dollars.

Refund Policy

All sales are final and no refunds shall be issued.

User Representations

Regarding Your Registration

By using the Company Services, you represent and warrant that:

A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website;
E. your use of the Company Services does not violate any applicable law or regulation.

You agree to provide true, accurate, current and complete information about yourself and maintain and promptly update registration data. If you provide any information that is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account.

Regarding Content You Provide

The Website may invite you to chat or participate in blogs, message boards, online forums and provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials ("Contributions"). Any Contributions you transmit will be treated as non-confidential and non-proprietary.

When you create or make available a Contribution, you represent and warrant that your content:

A. does not infringe proprietary rights of any third party;
B. you are the creator and owner or have necessary licenses and permissions;
C. you have consent of identifiable individuals in the content;
D. is not obscene, violent, harassing or otherwise objectionable;
E. does not solicit information from minors or exploit people under 18;
F. does not include offensive comments connected to race, origin, gender, or physical handicap;
G. does not violate any provision of this Agreement or applicable law.

Contribution License

By posting Contributions to any part of the Website, you automatically grant to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt and distribute such Contributions for any purpose, commercial, advertising, or otherwise.

Company has the right to edit, redact or otherwise change any Contributions, re-categorize any Contributions, or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

Guidelines for Reviews

Company may accept, reject or remove reviews in its sole discretion. Reviewers should comply with the following criteria: have firsthand experience with the person/entity being reviewed; avoid offensive language, profanity, or discriminatory references; not be affiliated with competitors when posting negative reviews; not make conclusions about legality of conduct; and not post false statements or organize campaigns encouraging others to post reviews.

Social Media

You may link your account with third party service providers ("Third Party Account") by providing login information or allowing Company to access your Third Party Account. By granting Company access, you understand that Company may access, make available and store any content from your Third Party Account so that it is available through the Website.

YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

Prohibited Activities

You may not access or use the Website for any purpose other than that for which Company makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.

Intellectual Property Rights

The content on the Website ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Company, and are subject to copyright and other intellectual property rights. Company Content includes all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics.

You are granted a limited license to access and use the Website and Company Content solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you.

Third Party Websites and Content

The Website may contain links to other websites ("Third Party Websites") and content from third parties ("Third Party Content"). Such Third Party Websites and Content are not investigated, monitored or checked for accuracy by us. We are not responsible for any Third Party Websites or Content, including their accuracy, offensiveness, opinions, reliability, or privacy practices.

Site Management

Company reserves the right but does not have the obligation to:

A. monitor the Website for violations of this Agreement;
B. take appropriate legal action against violators;
C. refuse, restrict access to, or disable any user's contribution;
D. remove files and content that are excessive in size or burdensome;
E. manage the Website to protect rights and property and facilitate proper functioning.

Digital Millennium Copyright Act (DMCA)

Notifications

If you believe that content on our Website infringes your copyrights, please notify our Designated Copyright Agent. All Notifications should include:

A. Physical or electronic signature of authorized person;
B. Identification of copyrighted work claimed to be infringed;
C. Identification of infringing material and location information;
D. Contact information for complaining party;
E. Good faith belief statement;
F. Statement of accuracy and authorization.

Designated Copyright Agent

Clapself, Inc.
3941 Park Dr. Ste 20-694
El Dorado Hills, CA 95762
Email: contactus@clapself.com

Term and Termination

This Agreement shall remain in full force and effect while you use the Website. You may terminate your use at any time by following instructions in your account settings or contacting us.

COMPANY RESERVES THE RIGHT TO DENY ACCESS AND USE OF THE WEBSITE TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT, AND MAY TERMINATE YOUR USE, DELETE YOUR PROFILE AND CONTENT AT ANY TIME WITHOUT WARNING.

Disputes

Governing Law

This Agreement shall be governed by the laws of the State of California. You agree to venue and jurisdiction in state and federal courts located in El Dorado County, California.

Binding Arbitration

If informal negotiations fail, disputes may be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be limited to disputes between Company and you individually - no class actions are permitted.

YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Disclaimers

YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Company makes no warranties about the accuracy or completeness of the Website's content and assumes no liability for errors, personal injury, unauthorized access, interruptions, bugs, viruses, or any content transmitted through the Website.

Limitations of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES.

Company's liability will at all times be limited to the amount paid by you to Company for the Company Services during the three (3) months prior to any cause of action arising.

Contact Information

To resolve a complaint regarding the Company Services or to receive further information, please contact Company as set forth below.

Clapself, Inc.
3941 Park Dr. Ste 20-694
El Dorado Hills, CA 95762
Email: contactus@clapself.com

Date of Last Revision: July 4, 2023