Terms and Conditions of Use for Cliggs

Last updated: January 8, 2025

We are Cliggs SpA (RUT 78.071.806-4), hereinafter referred to as Cliggs or Cliggs.tv, located at Paseo Ahumada 254, Apartment 806, Santiago, Chile.

At Cliggs, we provide an online platform that allows our users to automatically clip gameplay videos provided by them, share game clips and videos, and access the best content shared by the gaming community within a safe and friendly environment through our related products and services (collectively: the Services). We enable users to interact with each other through clips, "likes," and comments. Our services are offered through our mobile application and our website: Cliggs.tv.

These Terms of Service (the Terms) govern the relationship between Cliggs and the users of the Services. The use of the Services is conditioned upon the acceptance and compliance with these Terms. Cliggs may modify these Terms from time to time. The latest version of the Terms applies to the relationship between Cliggs and the user.

Please read these Terms carefully. These Terms are an integral part of any product or service you purchase from Cliggs. We will consider that you have accepted them when you have explicitly and unequivocally demonstrated your willingness to purchase one or more products or services and expressly accepted these Terms. Additionally, please take note of our Community Guidelines.

Who Can Use Cliggs

1.1 You may use our Services only if you can form a binding contract with Cliggs, and only in compliance with these Terms and all applicable laws.
1.2 When you create your Cliggs account, you must provide us with accurate and complete information. Please read our Privacy Policy. Use or access by anyone under the age of 13 (thirteen) is prohibited.

Registration and Account

2.1 If you create an account, you can do so through the following means: using your email address or logging in via a connected third-party platform, such as Discord, Google, Facebook, or Apple. Note that an account provides access to more features on the Platform.
2.2 If you do not complete the account registration process, you will only be able to use Cliggs.tv and not Cliggs for mobile devices. This limited access will allow you to view saved video clips but will not enable you to interact with them in any way, nor upload any videos. We recommend creating an account to enjoy the full user experience.
2.3 We require you to choose a password of at least 8 (eight) characters in length. We recommend including letters, symbols, and numbers and avoiding using the same password for other services. You are fully responsible for keeping your login credentials confidential and for the use of your account by third parties.
2.4 When creating your account, you agree to provide only accurate and complete information. You are responsible for the accuracy of the data in your account, and Cliggs cannot be held accountable in this regard.
2.5 If your account is blocked or deleted for any reason, you no longer have the right to use the Platform in any manner (whether through that account, another account, or without an account). If a blocked or deleted user attempts to use the Platform again, any new accounts will also be blocked or deleted.
2.6 You may not allow unauthorized third parties to use your account or others without the authority to represent you. You guarantee that any third party using your account is authorized to represent you.
2.7 If you use our Services on behalf of a company, organization, or other entity, "you" includes both you and that entity. You represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and you agree to these Terms on behalf of the entity.
2.8 The Services, Platform, and our Apps are continuously updated. You agree that these Terms will apply to all future versions unless stated otherwise.
2.9 We reserve the right to deny our Services to anyone. We have the right to suspend, block, or delete your account, including but not limited to cases where Cliggs receives a legitimate notification and takedown request or DMCA notice, in cases of violation of one or more applicable Terms, any form of fraud, intentional abuse, or deliberate misconduct (or attempts thereof) when using any of our Services, or disruption of the proper functioning of the Platform.

Use (Prohibited) of the Platform

3.1 Before using our Platform, we ask you to review our Community Guidelines, which outline Cliggs' policies on various important topics. The Community Guidelines are an integral part of these Terms and can be accessed through the link at the top of these Terms. Ensure your use of the Platform complies with these policies, including the Community Guidelines.
3.2 You must ensure that your use of the Services adheres to these Terms and aligns with the purpose for which Cliggs intended the Platform/Services. You may not use the Services in any way that harms the integrity or continuity of Cliggs' systems and/or Services.
3.3 It is your responsibility to use the Services in compliance with applicable law and the rights of third parties. Specifically (but not limited to), it is prohibited to use the Services:
- in a manner that infringes on the intellectual property rights of a third party;
- in a way that violates a person's privacy;
- to send unsolicited messages to any other user or third-party recipient; or
- to engage in any illegal activity or solicit the engagement of any illegal activity or other actions that infringe on the rights of third parties.
3.4 If you act against this provision, we reserve the right to block and/or terminate your account and/or your use of the Services at any time and to remove all information related to your misconduct.
3.5 You are not permitted to disclose, reproduce, or otherwise exploit (parts of) the Services, including related content, such as but not limited to music or other audio features available through the Platform. The Services are for personal use only. Unless explicitly authorized here or by us, you agree not to display, modify, sell, resell, exploit, transfer, or upload any part of the Services for any commercial purpose.

Intellectual Property and User-Generated Content

4.1 Cliggs is the exclusive owner of all intellectual property rights attributed to and/or derived from the Platform (including the underlying source and object code) and the Services, including but not limited to patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, proprietary rights, and processes (the Intellectual Property Rights).
4.2 As long as you comply with these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use our Platform and Services.
4.3 Cliggs allows you to post content, including videos (clips), comments, links, and other materials on the Platform. Anything you post or otherwise make available, in the broadest sense, on the Platform is referred to as User-Generated Content. You retain all rights (Intellectual Property Rights) over the User-Generated Content you post on the Platform and are solely responsible for such content. By uploading any User-Generated Content, you affirm and guarantee that:
- doing so does not violate or infringe upon any third-party rights; and
- you created the User-Generated Content you are uploading, or you have sufficient licensing, or are otherwise authorized to upload the User-Generated Content in accordance with these Terms.
4.4 You grant Cliggs, and its sublicensees, to the maximum extent and for the longest duration permitted by applicable law (perpetually, if allowed by applicable law), a non-exclusive, unrestricted, irrevocable, royalty-free, transferable, fully sublicensable, worldwide license to use, store, display, reproduce, save, modify, adapt, publish, translate, create derivative works, perform, distribute, and/or redistribute all or part of your User-Generated Content, in any form, format (digital or otherwise), medium, or media channels now known or later created, for purposes including but not limited to operating, developing, providing, using, promoting, and marketing the Platform, Products, Services, App, and/or Website. Nothing in these Terms limits other legal rights Cliggs may have regarding User-Generated Content, for example, under other licenses.
4.5 The license granted in section 4.4 includes but is not limited to the (re)distribution of part or all of the User-Generated Content, including through third parties.
4.6 Unless required by applicable law, Cliggs will not monitor User-Generated Content uploaded or shared via the Platform. However, we reserve the right to remove or modify any User-Generated Content if we are notified that the content or information violates these Terms or our policies, or is illegal or inappropriate. You may report such content through the Report button on the Platform, a Notice and Takedown request, or (for copyright issues) through a DMCA request. Please refer to our DMCA policy for more information.
4.7 Cliggs assumes no responsibility and will not have any liability for User-Generated Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User-Generated Content that is inaccurate, objectionable, inappropriate for users, or does not meet your purpose.
4.8 Upon termination or deactivation of your account, or if you delete any User-Generated Content from Cliggs, we may retain your User-Generated Content for a commercially reasonable period for backup, archival, or auditing purposes. Additionally, copies of content shared with others may remain outside the Platform, even after you have deleted the content from your account. Cliggs and its users may retain and continue using, storing, displaying, reproducing, re-fixing, modifying, creating derivative works, performing, and distributing any User-Generated Content that other users have stored or shared through Cliggs.

Privacy

5.1 When you use our Services, we will process certain personal data about you. We will process your personal data in accordance with our Privacy Policy, which can be found at cliggs.tv/privacy-policy.
5.2 By posting content publicly on the Platform, you allow Cliggs to disclose that information in the broadest possible manner.

Availability of Services, Disclaimer of Warranties

6.1 The Platform is available through the Website and through our Apps. The Apps are available, among others, on devices running Windows, Android, and Apple iOS.
6.2 The Services and all content included are provided "as is" without any warranty of any kind, either express or implied.
6.3 We will make reasonable efforts to ensure the availability of the Services at all times. However, we make no commitment regarding the availability, continuity, functionality, or usability of the Services, nor any other commitment not expressly stated in these Terms. You acknowledge that the Services are provided through the internet and mobile networks, and therefore the quality and availability of the Services may be affected by factors beyond our reasonable control.
6.4 We have the right to terminate, suspend, or alter the provision of the Services, in whole or in part, at any time, without prior notice and for any reason at our sole discretion, for example (without limitation) if we have reasons to believe that you are acting in violation of these Terms, applicable law, or the rights of a third party, or if we decide to cease or alter one or more of our services in general.
6.5 We care about the security of our users. While we work to protect the security of your content and account, Cliggs cannot guarantee that unauthorized third parties will not circumvent our security measures. Please notify us immediately of any breach or unauthorized use of your account.
6.6 We reserve the right to modify the Services at any time.
6.7 We reserve the right to use third parties, in whole or in part, to provide the Platform at any time.
6.8 CLIGGS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE.

Terms and Termination of Service

7.1 The agreement between you and Cliggs reflected by these Terms is effective when you access the Platform or use other Services, for example, when creating an Account, and remains in effect while you use our Services (and are permitted to do so).
7.2 You may terminate this agreement at any time by deleting your Account and ceasing to use our Services. We may terminate this agreement immediately and without notice and cease providing access to the Services if you violate these Terms, our Community Guidelines, violate applicable laws, or we reasonably believe termination is necessary to protect ourselves, other Users, or third parties. In such cases, the license granted by Cliggs will also be terminated.
7.3 If your Account has been inactive for more than two (2) years, we may terminate your Account after sending you a reminder and you have not taken any action within the time frame specified by us.

Payment Services

8.1 Billing: You can add payment features to your account (turning your account into a "Premium Account"). We use a third-party payment processor to handle payments and taxes. We only charge taxes when required, and you will be responsible for all applicable taxes.
8.2 Subscriptions: For subscriptions, you will choose a payment period (typically monthly or yearly). We will automatically bill you when your Premium Account renews based on the payment period you selected. You can access your payment history from your account settings.
8.3 Trials: We may offer a free trial period where you can use all the features of a Premium Account. All trials require a valid payment method accepted by our third-party payment processor(s). A small charge may appear as a way to validate your payment method, but it will be refunded in full immediately. When starting any trial, we will specify the day you will be billed, and your Subscription will begin.
8.4 Cancellation and Downgrades: You can cancel your Subscription at any time. Your account will remain as a Premium Account until the end of the payment period, at which point your account will revert to a free account. We reserve the right to suspend or remove features from the Paid Account under these terms. Refunds will only be issued if required by law.
8.5 Changes: We may change the renewal fee to reflect changes in the product, our business, and external factors. We will notify you of any changes at least 30 days in advance to the email associated with your account. You will have the ability to cancel your subscription before the renewal fee.

Limitation of Liability

9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLIGGS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
1. Your access or use or inability to access or use the Services;
2. Any damage or alteration to your equipment, including, but not limited to, computer equipment and devices due to your use of the Platform and/or Services;
3. Any action, inaction, conduct, or content (user-generated) of any user or third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or
4. Unauthorized access, use, or alteration of your account, transmissions, or content (user-generated);
5. Failure to perform any of our obligations under these Terms due to events beyond our control (e.g., a network failure).
9.2 IF CLIGGS IS LIABLE FOR ANY REASON, SUCH LIABILITY SHALL BE LIMITED TO A SUM OF ONE HUNDRED DOLLARS ($100).

Indemnification

10.1 To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Cliggs and its respective officers, directors, employees, and agents, from and against any claims, demands, proceedings, disputes, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including but not limited to defense costs), arising from or related to:
1. A breach by you or any other user of your Account of these Terms or our Community Guidelines;
2. Your (improper) use of the Platform and the Services; or
3. A breach by you or any other user of your Account of any law or regulation or third-party rights, such as intellectual property or privacy rights.

Third-Party Links, Sites, and Services

Our Platform and Website may contain (links) to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Cliggs. We do not endorse and assume no responsibility for such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Cliggs, you do so at your own risk and agree that Cliggs will have no liability arising from your use or access to any third-party website, service, or content.

Miscellaneous

12.1 Cliggs reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we choose to do so.
12.2 We may review these Terms from time to time, and the most current version will always be posted on our Website. If a revision, at our sole discretion, is material, we will notify you. By continuing to access or use the Services after such revisions become effective, you agree to be bound by the revised Terms. If you do not agree with the new terms, please stop using the Services.
12.3 These Terms, and any rights and licenses granted under them, may not be transferred or assigned by you, but may be assigned by Cliggs without restriction. Any attempt to transfer or assign in violation of this provision will be null and void.
12.4 These Terms, together with any amendment and any additional agreement you may enter into with Cliggs in relation to the products, shall constitute the entire agreement between you and Cliggs with respect to the Services.
12.5 If any provision of these Terms is found to be illegal, void, unenforceable, or otherwise invalid, this will not affect the validity and enforceability of the remaining provisions of these Terms. The illegal, void, unenforceable, or otherwise invalid provision will be deemed replaced by a valid and enforceable provision that most closely achieves the objective and intent of the replaced provision.
12.6 No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Cliggs' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Dispute Resolution, Law, and Jurisdiction

13.1 These Terms will be governed by the laws of Chile.
13.2 For any dispute you have with Cliggs, you agree to contact us first and try to resolve the dispute informally. If Cliggs is unable to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive relief or other equitable relief) arising out of or relating to these Terms under the jurisdiction of the Courts in Santiago, Chile, unless mandatory law provides otherwise.
13.3 Nothing in this Section will prevent either party from seeking equitable relief or injunctive measures from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:
By email: contact@cliggs.tv