Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. This website may use cookies, fingerprinting or other data-gathering methods. By using this website and agreeing to these terms and conditions, you consent to CLIXIE MEDIA LLC’s use of data-gathering in accordance with the terms of CLIXIE MEDIA LLC’s privacy policy / cookies policy. CLIXIE MEDIA LLC. takes user privacy seriously and does not share its website data with any 3rd parties.

License to use website

Unless otherwise stated, CLIXIE MEDIA LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must NOT:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website;
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or attempt to modify.
  • Redistribute material from this website, except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without CLIXIE MEDIA LLC’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without CLIXIE MEDIA LLC’s express written consent.

User content

In these terms and conditions, “your user content” means material including without limitation text, images, audio material, video material and audio-visual material that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or CLIXIE MEDIA LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
CLIXIE MEDIA LLC reserves the right to edit or remove any material submitted to this website, or stored on CLIXIE MEDIA LLC’s servers, or hosted or published upon this website.
Notwithstanding CLIXIE MEDIA LLC’s rights under these terms and conditions in relation to user content, CLIXIE MEDIA LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. CLIXIE MEDIA LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CLIXIE MEDIA LLC does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading

Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability

CLIXIE MEDIA LLC will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website:

  • To the extent that the website is provided free-of-charge, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships,
    loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if CLIXIE MEDIA LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit CLIXIE MEDIA LLC’s liability in respect of any:

  • Death or personal injury caused by CLIXIE MEDIA LLC’s negligence;
  • Fraud or fraudulent misrepresentation on the part of CLIXIE MEDIA LLC; or
  • Matter which it would be illegal or unlawful for CLIXIE MEDIA LLC to exclude or limit, or to
    attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, CLIXIE MEDIA LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CLIXIE MEDIA LLC’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website.
This disclaimer will protect CLIXIE MEDIA LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CLIXIE MEDIA LLC.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify CLIXIE MEDIA LLC and undertake to keep CLIXIE MEDIA LLC indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by CLIXIE MEDIA LLC to a third party in settlement of a claim or dispute on the advice of CLIXIE MEDIA LLC’s legal advisers incurred or suffered by CLIXIE MEDIA LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to CLIXIE MEDIA LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, CLIXIE MEDIA LLC may take such action as CLIXIE MEDIA LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

CLIXIE MEDIA LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

CLIXIE MEDIA LLC may transfer, sub-contract or otherwise deal with CLIXIE MEDIA LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions together with the privacy policy and web sales terms and conditions constitute the entire agreement between you and CLIXIE MEDIA LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws put forth by the State of Delaware, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Delaware.

Registrations and Authorizations

CLIXIE MEDIA LLC is registered with State of Delaware.

Clixie Media LLC. details

CLIXIE MEDIA LLC is registered in the State of Delaware.
CLIXIE MEDIA LLC registered address is 2232 S. Main Street, Suite 444 Ann Arbor, MI 48103
You can contact CLIXIE MEDIA LLC by email to contact@clixiemedia.com

Pilot Agreement

Terms of Use

This Pilot Agreement (“Agreement”) is between Clixie Media, LLC, a Delaware Limited Liability Company (“Supplier”), which has its principal place of business at 2232 South Main St., Ste. 444, Ann Arbor, MI 48103, and Tester (collectively “the Parties”). The Tester considers this Pilot Agreement in effect upon access of the Clixie Platform for the duration of the Agreement (listed below).

Purpose

The purpose of this Agreement is to allow Tester full access to the Clixie Platform to create interactive objects within videos. Tester agrees that the use of the Clixie Platform is for Tester’s internal use, is to be used for limited commercial purposes, and is not permitted to be used by a 3rd party (except for a customer the parties mutually agree upon). Tester also agrees that this is a “stand-alone” hosted platform and is not be integrated into other 3rd party software (i.e. Reporting Tools) or into a full production workflow at Tester’s location. Tester understands that this is a summary of the Clixie Platform functionality and is not meant to be completely definitive of features, functionality or usability.

Tester will be able to:

1. Have access to selected video playback with relatively all modern video formats from the Clixie Server SaaS platform. The preferred format is .mp4. Create “Clixies” (clickable images that appear when tagged objects are clicked, that allows viewers to launch object website). Video files, such as podcasts, can also be made interactive provided they are in .mp3 format.

2. Tag the videos with the clickable objects and associate them with appropriate Clixies.

a. Multiple Clixies can be associated with an event or multiple events can be associated with a single Clixie.
b. Define the duration that the event occurs in the video by manipulating the bar in the timeline.
c. Create simple Visual Markers (images that visually appear during playback) that are associated with specific Clixies, which will alert viewers that objects are interactive.
d. Create “stories” that can include multiple chapters with video and/or audio files.

3. Preview/Post the work done on the video, so Tester can interact with/see the defined objects, Clixies and Visual Markers.

4. Edit the work that has been done, for dynamic error correction and updates.

5. Generate script instructions to publish the video enhanced with the Clixie functionality to a website, to be viewed on computer web browsers (EXCEPTION: Internet Explorer 7 and 8), tablets (iPad and Android) and smart phone apps.

6. Access specific events that occur within the tagged video (s) for summary and specific data. These events are:

a. Page Views
b. Clicks
c. False Clicks
d. Video Starts
e. Video Stops
f. Video Play
g. Video Pause
h. Quiz Scores
i. Geo-targeted viewer locations

Tester will receive training and support from the Clixie Training Videos and via email support (support@clixiemdia.com). The duration of the test period will be thirty (30) days from date of the “platform access request” email.

If Tester encounters any issues with workflow or the software platform, Tester will report such issue to Supplier in a reasonable time frame. Supplier’s employees will respond within a reasonable time frame (depending on severity/complexity of the issue) on the estimated time to resolve the reported issue.

Tester represents and warrants that it will not: (i) use the Clixie Platform to infringe upon any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, personal rights, or rights of publicity or privacy; (ii) use the Clixie Platform in violation of any term or provision of this Agreement; (iii) use the Clixie Platform in association with any content that is pornographic, obscene, lewd, lascivious, harassing, hazardous, or abusive; (iv) circumvent or disable Clixie Platform’s technology protection measures; or (v) use the Clixie Platform to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international.