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By using www.clapboard.com ("Website") you are indicating your legally binding agreement to these Terms and Conditions of Use ("Terms of Use"). By accessing the Website you are accepting these terms on your behalf and on behalf of the entity you represent, if any. If you do not agree to these Terms of Use, please do not use the Website and exit now.
Throughout these Terms of Use, the words "we," "us," "our," and Clapboard refer to Clapboard and its parent, subsidiaries, and affiliates collectively. We may revise these Terms of Use at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this Website following the posting of any revisions to these Terms of Use will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Website, including your access to it. Unless explicitly stated, any new features will be subject to these Terms of Use.
INDEMNIFICATION AND RELEASE By accessing the Website, you agree to indemnify and defend us and any parent, subsidiary, Sponsor, affiliated entities, our officers, directors and employees, and officers, directors and employees of any parent, subsidiary, Sponsor or affiliated entities, and hold us and them harmless from and against any and all claims, liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from your use of the Website including any material (including third-party material) that you post on the Website and any services or products available through our Website. In addition, you hereby release us and any parent, subsidiary, Sponsor or affiliated entities, our officers, directors and employees, and officers, directors and employees of any parent, subsidiary, Sponsor or affiliated entities from any and all claims, demands, debts, obligations, damages (actual, special, indirect or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against us or them arising out of or in any way related to such disputes and/or to any services or products available at our Website. To the fullest extent permissible pursuant to applicable law, Clapboard shall not be liable for any damages (including, but not limited to, damages for loss of winnings, data or other damage to any other intangible property, even if Clapboard has been advised of the possibility of such damages), resulting from (i) the use of this Website or inability to use this Website, (ii) the disclosure of, unauthorized access to, or alteration of any transmission or data, (iii) the statements or conduct of any third party or (iv) any other matter relating to Clapboard.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANYTHING RELATED TO THIS AGREEMENT (FOR ANY CAUSE, REGARDLESS OF THE FORM OF THE ACTION), WILL BE LIMITED TO A MAXIMUM OF INR 5000. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR CLIENTS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A PROJECT MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CLAPBOARD RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY USING THIS WEBSITE AND BECOMING A REGISTERED MEMBER OF CLAPBOARD, YOU ASSUME ALL RISK INVOLVED IN THE PARTICIPATION BY YOU AND OTHERS ON YOUR BEHALF IN ANY PROJECTS ADMINISTERED BY CLAPBOARD, AND YOU ACKNOWLEDGE AND AGREE THAT NONE OF (A) CLAPBOARD OR ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS ("CLAPBOARD PARTIES") OR (B) THE SPONSOR OF ANY PROJECT ADMINISTERED BY CLAPBOARD (A "SPONSOR") IS OR SHALL BE RESPONSIBLE OR LIABLE FOR ANY DEATH, BODILY INJURY, PROPERTY DAMAGE, OR LOSS OF ANY KIND ARISING OUT OF YOUR USE OF THE WEBSITE OR PARTICIPATION IN ANY PROJECT ADMINISTERED BY CLAPBOARD. FURTHERMORE, AND IN ADDITION TO ANY OTHER INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN OR IN THE OFFICIAL RULES OF ANY PROJECT ADMINISTERED BY CLAPBOARD, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE CLAPBOARD PARTIES AND THE SPONSOR FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR YOUR PARTICIPATION IN ANY PROJECT ADMINISTERED BY CLAPBOARD, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR WRONGFUL DEATH, PERSONAL INJURY OR PROPERTY DAMAGE.
PRIVACY See our complete Privacy Policy. COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY PROTECTION Except as otherwise indicated, this Website and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, and animation) are owned by us and are protected by domestic and international copyright, trademark, patent, and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials, and the overall design of this Website are ©2020 Clapboard. All rights reserved. We hereby give you permission to download and print materials from this Website for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this Website, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material on this Website. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws. You may not access our website or be a member of our community if you are our direct competitor, except with our prior written consent. In addition, you may not access our Website or be a member of our community for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
NOTICE All trademarks, service marks, and trade names are proprietary to us or other respective owners that have granted us the right and license to use their trademarks, service marks, and trade names.
COPYRIGHT COMPLAINTS We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others. If you believe that your work has been copied and is accessible at our Website in a way that constitutes copyright infringement, or that our Website contains links or other references to another online location that contains material or activity that infringes your copyright(s), you may notify us by providing our copyright agent.
DISCLAIMER THE MATERIALS AND SERVICES ON OUR WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES OUR WEBSITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT THAT SUCH ERRORS, DEFECTS OR INTERRUPTIONS IN SERVICE WILL NOT AFFECT THE RESULTS OF OUR COMPETITIONS, AND WE DISCLAIM ANY RESPONSIBILITY FOR REDUCED PERFORMANCE IN COMPETITIONS DUE TO SUCH PROBLEMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR WEBSITE WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY, GRAPHICS, LINKS OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Documents, graphics and other materials appearing at our Website may include technical inaccuracies, typographical errors, and out-of-date information and use of such documents, graphics or other materials is at your own risk.
LINKS TO OTHER WEBSITES AND SERVICES To the extent that our Website contains links to other Websites and outside services and resources, we do not control the availability and content of those Websites, services or resources, nor do we necessarily review or endorse materials available at or through such other Websites. Viewing other Websites or utilizing outside services and resources is done at your own risk. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your use of other outside services and resources is governed by the terms of use and/or other legal agreements associated with those services and resources.
PROJECTS In addition to these Terms of Use, Clapboard provides specific Official Rules and other documentation for certain activities on this Website, including without limitation, projects or other competitions (collectively "Projects") conducted by us and those in conjunction with third parties. These Terms of Use are incorporated by reference into the specific Official Rules, which appear in connection with information about a particular Project. To the extent that any conflict exists between these Terms of Use, the Official Rules, and any rules in the Project Details Pages, the Project Details Pages for that Project in which you choose to participate shall govern.
YOUR CONTENT (A) “Content” means any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import into, or create with the Services or Software in connection with or through your use of the Services. You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Content or restrict access to Content, Services, and Software if any of your Content is found to be in violation of these Terms. We do not review all Content uploaded to the Services or Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). (B) Licenses to Your Content in Order to Operate the Services and Software. Solely for the purposes of operating or improving the Services and Software, when you upload Content to the Services or Software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content.
SHARING YOUR CONTENT (A) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share. (B) Level of Access. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or sharing your Content. (C) Comments. Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. Your comments may be deleted by you, by other users, or by us.
CONTENT POSTED BY VISITORS Except as otherwise specified in the Official Rules and any Entries that you assign to Clapboard in accordance with the Official Rules, upon submitting an Entry to a Project, or other documentation pertaining to a Project, you retain any rights to ownership in any content posted, uploaded or otherwise sent to our Website by you; Clapboard will not gain ownership rights to this content. By posting, uploading or otherwise sending any content of any kind (including, without limitation, ideas, pitches and video entries) to us or our Website, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce and publish such content into any form, medium or technology, including the right, at Clapboard's sole discretion, to distribute such content to be published by third parties throughout the universe. In connection therewith, you also grant us the additional license to modify, adapt, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium or technology, including the right, at Clapboard's sole discretion, to distribute such content to be published by third parties. You waive any and all moral rights, including, without limitation, any rights arising under Chapter 7 of the Copyright and Related Rights Act 2000 applicable to European Union residents, and all rights of a similar nature in any jurisdiction in any material, including content of any kind, which you post, upload or otherwise send to Clapboard or it's Website, such waivers being in favor of Clapboard. You are also prohibited from posting or otherwise uploading to our Website: any material that infringes on any copyright, trademark, trade names, trade secrets, or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violates any law. You also represent that you have all necessary rights to use any material that you post or otherwise upload to our Website. You are further forbidden from distributing or otherwise publishing any material on our Website that contains any solicitation of funds or, promotion, employment, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials or other forms of solicitation to other users of this site; harvesting names and e-mail addresses from other users of this site without their permission; soliciting passwords from other users; impersonating other users; or sending viruses or other destructive or expropriating content. We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity or defamation or to otherwise review or edit such materials as appropriate, in our sole discretion and without notice.
OTHER RESTRICTIONS ON CONDUCT You are allowed to register with our Website only once and you must provide true and accurate registration information. You are prohibited from registering more than one time, even under a different Clapboard handle, misrepresenting your registration information, or tampering with the registration process. You agree not to disrupt, modify or interfere with the functioning of our Website or any services provided on or through our Website or with any associated software, hardware or servers in any way and you agree not to impede or interfere with others' use of our Website. This includes your agreement that you will not cheat; that the content submitted by you with respect to any Project is yours alone. This also includes your agreement that you will not provide your Clapboard information including, but not limited to, your Clapboard handle and rating, to any third party for the purpose of pursuing employment opportunities without the written consent of Clapboard. If you are contacted by a third party regarding employment opportunities and/or media interest as a result in of your participation in Clapboard Projects, you agree to promptly notify Clapboard of such contact. You also agree not to alter or tamper with any information or materials on, or associated with our Website or services provided on or through our Website. We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or other statements made public at our Website by users through our Projects, forums or other interactive services available at our Website. Any information or material sent by users to any forums, including advice and opinions, represents the views and is the responsibility of those users and does not necessarily represent our views. You agree that no impediment exists to you joining the Clapboard Website, and your participation in Clapboard's Website and the Projects it offers will not interfere with your performance of any other agreement or obligation that has been or will be made with any third party.
TERMINATION OF LICENSE You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. Some copies of your Content may be retained as part of our routine backups, however.
FEEDBACK You have no obligation to provide us with ideas, suggestions, proposals, or bug or crash reports (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
YOUR ACCOUNT Account Information. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (A) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (B) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software. For PhoneGap, we reserve the right to monitor and enforce subscription plan limits and restrictions, including, but not limited to, the right to charge for overages.
CHOICE OF LAW AND FORUM Any dispute, controversy or claim arising out of or relating to this Agreement, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act,1996 and amendments made thereof. The venue for the arbitration shall be New Delhi and the language of the arbitration shall be English. The arbitral tribunal shall be composed of one arbitrator to be appointed jointly by the Parties. The arbitral award shall be final and binding upon the Parties.
SEVERABILITY AND ENFORCEABILITY If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use.
TERMINATION/EXCLUSION We reserve the right, in our sole discretion, to revoke any and all privileges associated with accessing and/or competing on our Website, and to take any other action we deem appropriate including but not limited to terminating or suspending your use of this Website, for no reason or any reason whatsoever, including improper use of this Website or failure to comply with these Terms of Use.
GENERAL Our Website is not intended for use by children under the age of 13, and children under the age of 13 are not eligible to participate in any Projects. We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time. If you have any questions regarding these Terms of Use, contact us at info@clapboard.studio. January 2025.
Clapboard Terms and Conditions for Freelancer Profiles
Acceptance of Terms
By submitting your profile, you grant Clapboard the right to showcase your portfolio and related content on our platform and in our marketing materials, to promote both your work and the Clapboard platform.
Eligibility
You must be at least 18 years of age or have legal consent from a parent or guardian to use the platform. You must also have the legal capacity to enter into a contract.
Registration Information
You must provide accurate, current, and complete information about yourself, including your name, email address, and portfolio link.
Email Communication
By registering, you consent to receive emails from Clapboard, including notifications, updates, and promotional content. You can unsubscribe from promotional emails anytime by using the link provided in the email.
Use of Portfolio Link
By submitting your portfolio, you grant Clapboard a non-exclusive, worldwide, royalty-free license to use, display, and promote the work you’ve linked to. This includes sharing your portfolio on the platform, social media, or promotional channels. You retain full ownership of your work.
Profile Curation
Clapboard reserves the right to organize and curate freelancer profiles to enhance the user experience and promote the platform effectively.
Public Forum and Responsibility
Clapboard serves as a public forum for creative portfolios. We do not verify whether the work shared is published or part of a mock campaign. It is the freelancer’s responsibility to ensure the accuracy and legitimacy of their portfolio content. Clapboard is not responsible for any discrepancies or issues arising from unpublished or mock work being showcased.
Prohibited Conduct
As a freelancer or user of the Clapboard platform, you agree not to engage in the following prohibited activities:
Submitting false or misleading information about your identity, credentials, or work.
Infringing upon any intellectual property rights.
Impersonating any individual or entity.
Attempting unauthorized access to Clapboard systems.
Posting harmful, defamatory, or obscene content.
Interfering with platform performance or security.
Clapboard may suspend or terminate access for any violation.
Intellectual Property
You affirm that you have the necessary rights or permissions to use and display the content submitted. Clapboard respects IP rights and expects the same from you.
Disclaimer of Warranties
Clapboard provides its services “as is” and “as available.” We make no guarantees of availability, suitability, or outcomes. All implied warranties, including merchantability and fitness for a particular purpose, are disclaimed to the fullest extent allowed by law.
Limitation of Liability
Clapboard is not liable for any indirect, incidental, special, or consequential damages—including lost profits, lost data, or platform downtime—arising from your use or inability to use the platform.
Indemnity
You agree to indemnify and hold harmless Clapboard, its founders, partners, and team from any claims or liabilities arising from your submissions, your violation of these terms, or any third-party rights.
Modification of Terms
Clapboard may update these terms at any time. Continued use of the platform indicates your acceptance of any changes.
Termination
Clapboard reserves the right to suspend or terminate your profile or access at any time for any reason, including violation of these terms.
Governing Law and Jurisdiction
These terms are governed by the laws of the jurisdiction in which Clapboard operates. All disputes shall be resolved in that jurisdiction.
Severability
If any provision is found to be invalid or unenforceable, the remaining terms shall remain in effect.
Entire Agreement
These terms constitute the complete agreement between you and Clapboard regarding your profile and replace all previous agreements or understandings.