1. Your Acceptance
2. StampitApp Service
These Terms of Service apply to all users of the StampitApp Site. Information provided by users through the StampitApp Service may contain links to third party websites that are not owned or controlled by StamitApp. StampitApp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly acknowledge and agree that StampitApp shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. StampitApp Access
B. StampitApp is a login FREE platform. No account needs to be created with StampitApp to start using the Service, however, we grant the right to change this requirement at anytime at our sole discretion to protect the rights of the Service and the Users. In order to access and use the features of the FREE Service, you acknowledge and agree that you will have to provide StampitApp with your Name and email details and geolocation whenever is required for notification purposes. Additionally, StampitApp offers the option to Register and Login into the platform in order to improve the user experience and to provide add-on features to the users. Registration requirements and conditions are subject to change at our sole discretion to improve the functionality of the service and to make sure the users privacy is fully protected.
C. You agree not to use or launch any automated system that accesses the Service in a manner that sends more request messages to the StampitApp servers in a given period of time than a human can reasonably produce in the same period by using StampitApp application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, StampitApp grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. StampitApp reserves the right to revoke these exceptions either generally or in specific cases. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the StampitApp Service along with StampitApp text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to StampitApp, unless otherwise stated, subject to copyright and other intellectual property rights under International conventions. The Service is provided to you AS IS for your information and personal use only. StampitApp reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes.
StampitApp ® is a product and service trademark registered and owned by NORABi Ltd.
QR code is a free-licensed patented technology trademark by Denso Wave Incorporated.
Google, Google Maps and Google Charts are copyright trademarks by Google Inc.
Facebook is a copyright trademark by Facebook Inc.
Twitter is a copyright trademark by Twitter Inc.
5. Content submission
A. The StampitApp Service allows users to submit personal and private video content to our StampitApp hosted servers. This content may be hosted, shared, and/or published as part of the StampitApp Service, and may be visible and open for public. We cannot guarantee that third party viewers may see your video content if they have access to the paper edition of your content and if privacy has not been provided by you using the secret key and privacy features available.
B. You shall be solely responsible for your own Video Submissions and the consequences of posting or publishing them. Because StampitApp is only acting as a repository of data, user submitted content do not necessarily represent the views or opinions of StampitApp, and StampitApp makes no guarantees as to the validity, accuracy or legal status of any content stored in StampitApp hosted servers. In connection with Content Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize StampitApp to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content to enable inclusion and use of the content in the manner contemplated by the Service and these Terms of Service. You retain all of your ownership rights in your Content Submissions, but you have to have the rights in the first place. However, by submitting the Content to StampitApp, you hereby grant StampitApp a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content Submission and distribution in connection with the StampitApp Service and StampitApp business partners as required, including without limitation for promoting and redistributing part or all of the StampitApp Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user watching and playing your content on the StampitApp Service a non-exclusive license to access your video content through the Service and to distribute and share.
C. You further agree that you will not: (i) submit video content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant StampitApp all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage StampitApp or any third party; (iii) submit content that is unlawful, obscene, porn or adult related, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. StampitApp expressly disclaims any and all liability in connection with video content material. StampitApp does not permit copyright infringing activities and infringement of intellectual property rights via its Service. StampitApp will have the right to remove all content if properly notified that such content infringes our terms of service. For any copyright infringements please report to local authorities and a copyright infringement notification to us in written to StampitApp (check About and Contact section for more details) and provide the information as detailed: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) 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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has 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; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. StampitApp reserves the right to remove content without prior notice. StampitApp may also terminate and block a users email access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized StampitApp employees or business partners. StampitApp also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as abuse or scam. StampitApp may remove material, content and information, terminate a Users access via email for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the StampitApp Service for recording a video message you are accepting the terms of service with full responsibility. You also accept and understand that when using the StampitApp Service for playing a video content you ware accepting those terms of service and that you hold the rights to play the video message, that you are the intended recipient or that it was sent to you by someone you trust and know. You are responsible to accept and watch video messages and you accept not to play content material from people you dont know, from sources you dont trust or when you are not the intended recipient.
F. StampitApp permits you to link to materials on the Service for personal purposes only. StampitApp reserves the right to discontinue any aspect of the StampitApp Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE STAMPITAPP SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STAMPITAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. STAMPITAPP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICEs CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STAMPITAPP SERVICE. STAMPITAPP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STAMPITAPP SERVICE AND STAMPITAPP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT STAMPITAPP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by StampitApp from its facilities in Barcelona, Spain. StampitApp makes no representations that the StampitApp Service is appropriate or available for use in other locations. Those who access or use the StampitApp Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless StampitApp, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the StampitApp Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your content submission caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the StampitApp Service.
9. Ability to Accept Terms of Service
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by StampitApp without restriction.
You agree that: (i) the StampitApp Service shall be deemed solely based in the United Kingdom; (ii) the StampitApp Service shall be deemed a passive server that does not give rise to personal jurisdiction over StampitApp, either specific or general, in jurisdictions other than United Kingdom; and (iii) that you agree to subject to the jurisdiction of United Kingdom in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of UK, without respect to its conflict of laws principles. Any claim or dispute between you and StampitApp that arises in whole or in part from the StampitApp Service shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom. These Terms of Service and any other legal notices published by StampitApp, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and StampitApp concerning the StampitApp Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and StampitApps failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. StampitApp reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the StampitApp Service. Your continued use of the StamptApp Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND STAMPITAPP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE StampitApp SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.