Welcome to Eklipse!
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
Eklipse, (“Eklipse”, “we”, “us” or “our”) owns and operates the websites located at Eklipse (“Site”), where registered users (“users” or “you”) can have access to a variety of activities (“Service”), including to upload, download, generate, edit, display, browse, and share gaming video highlights (“Content”). These Terms of Service state the terms and conditions (“Terms”) that govern your use of the Site and the Service.
In order to use some features of the Service, you will have to sign up for an account with a username and a valid email address. You must provide true, accurate, current, and complete information and must ensure that this information is kept accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your device and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You agree that we may access, preserve and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that your Content violates the rights of third parties; (d) respond if you contact us; or (e) protect the rights, property or personal safety of the Company, Users and the public.
When creating an account, you may not (a) provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission; (b) use a username that is the name of another person or entity or that is not lawfully available for use; (c) use a username that is a name or trademark that is subjected to any rights of another person or entity other than you, without appropriate authorization; or (d) use a username that is offensive, vulgar or obscene. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, misleading, or violates our Terms.
We reserve the right to terminate or delete Accounts that are deemed inactive, or for any other reason, with or without notice to you. “Inactive” may be determined by us based on average usage of the Site and Services from other users. As such, you may lose your Accounts and all information and data associated with including but not limited to your video highlights, as applicable, and Eklipse is under no obligation to compensate you for any such loss.
We also reserve the right to terminate or suspend any Accounts immediately, without notice or liability, for any reason whatsoever, including but not limited to breach of these Terms. Once terminated, your right to the Services will immediately come to cessation.
If you would like us to terminate your Account, please email us at firstname.lastname@example.org.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account, we will automatically remove all Content in your account.
We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through our Services. If you believe that a child under 13 has gained access to the Services, please contact us at email@example.com.
These Terms apply to Video Content and other content submitted by you and by other Users (together, "Content"). You shall be solely responsible for your Content and assume all risks associated with sharing your Content through the Service. We assume no responsibility for the conduct of any user submitting any content and we assume no responsibility for monitoring the Service for inappropriate content. We do not pre-screen or monitor all user submitted content and we will not do so. As such, we do not guarantee the accuracy, integrity or quality of the content. You understand that you may be exposed to content that is offensive, indecent, or objectionable and you understand that you use the Service at your own risk.
You agree that any content uploaded to your account must be recorded or streamed by you. Any content (including communication material) you submit or transmit to the Site will be considered non-confidential and non-proprietary. By submitting your content to the Site, you grant Eklipse an irrevocable, perpetual, transferable, fully paid-up, royalty free, worldwide licence (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice, in any way, your user content as well as all modified and derivative works thereof in connection with our provision of the website, including marketing and promotions of the website, product and service.
You further grant to Eklipse the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Eklipse does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content, unless otherwise reflected in a separate agreement with Eklipse. When you or we terminate or delete your account, you will no longer be able to access your Content through the Service. Further, to the extent you have an active account, we do not have an obligation to maintain your Content in perpetuity.
When you share Content through the Service with other Users, such shared Content will exist in the accounts of other Users even after your Account has been terminated unless you permanently delete such Content. Only if you permanently delete a Video Content will it be deleted from the accounts of others and the Service. Note, however, that to the extent another User has saved or shared such Content, that Content will continue to exist and Eklipse is not responsible for that Content.
You represent and warrant that (a) you own your Content or you have the right to use it and grant us the rights and license as provided in these Terms and no further permissions nor payments are required to be made to any other person in connection with the us of the Content by us, (b) the sharing of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (c) you are not violating or breaching any agreement with any other party by submitting Content to us. You do not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Eklipse, all of which such rights are hereby expressly and irrevocably waived by you in favor of Eklipse.
When submitting Content to or otherwise using the Service, you agree NOT to (a) submit material that violates a third party's proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (b) submit material that is under contractual restriction, or other parties’ rights; (c) publish falsehoods or misrepresentations that could damage us, our Users or any third party; (d) publish any private information of someone, like their address, phone number, email address, and similar information without their permission; (e) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law in any jurisdiction, or is otherwise inappropriate; (f) post advertisements; (g) upload any content that has or may contain and/spread viruses, adware, spyware, worms, or other malicious code; or (h) upload Content that would be harmful to minors in any manner.
We don't have an obligation to monitor your use of the Service or to review any Content, but we have the right to monitor, remove, edit, and block Content or accounts containing Content for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. If the case proceed, you waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by the company or any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by such parties or law enforcement authorities. We reserve the right to take appropriate legal action, including but not limited to referral to law enforcement for any illegal or unauthorized use of our website, service or products.
You agree not to (a) interfere with, damage, impair, or disable the Service's operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users, or use the Service for commercial purposes; (c) use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written consent or bypass our robot exclusion headers or similar measures; (d) remove, circumvent, disable, damage or otherwise interfere with the Service's security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (e) attempt to gain unauthorized access to the Service, other User accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (f) deep-link to the Service, and you agree you will promptly remove any links that Company finds objectionable in its sole discretion; (g) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; (h) solicit personal information from minors, or submit or transmit pornography; (i) reformat or frame any portion of the Service; (k) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; (l) impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals; (m) solicit a User's password or other account information; or (n) harvest User names, addresses, or email addresses for any purpose.
Our Service is protected by copyright, trademark, and other laws of Singapore. However, please note that copyright law is territorial and national in scope. Users' copyright protection against unauthorized use in a particular country depends on the national laws of that country. For more information on copyright law, please visit the US Copyright office website or the World Intellectual Property Organization (WIPO) website. Eklipse cannot and will not provide you with legal advice, therefore please seek qualified legal counsel if you have further enquiries regarding copyright. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service will be the sole and exclusive property of Eklipse, and you hereby irrevocably assign to us all of your right, title and interest in and to the foregoing.
You agree not to (and not to attempt to) (a) copy, modify or distribute the Service for any purpose; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Service, or otherwise attempt to discover the source code of the Service; (d) make the functionality of the Service available to multiple users through any means; or (e) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
Eklipse respects the intellectual property rights of others, and requires that the people who use the Service do the same. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. Eklipse will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site without notice.
To notify Eklipse of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care at firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable Eklip.se to make a reasonable determination. You will also need to provide information reasonably sufficient to permit us to contact you, including your name, address, telephone number, mobile number and email address. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide us with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable us to make a reasonable determination. You will also need to provide information reasonably sufficient to permit us to contact you, including your name, address, telephone number, mobile number and email address. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others. We recommend that you seek legal advice in relation to copyright infringement or the notification and counter-notification process under applicable law.
Should you choose to use the direct import and share functions of videos from and to YouTube within Eklipse, we will have the ability to i, authenticate and authorize access to YouTube APIs vi Google OAuth2.0 and ii, access your YouTube content including video and channel information via the YouTube APIs. The sole uses of this data are i, to populate your Eklipse account with your VODs so we can extract highlights for you and ii, to directly share your Eklipse highlights to your YouTube account. Eklipse’s use of information received from Google API will adhere to the Google API Services User Data Policy, including the Limited Use requirements. Eklipse’s use of information received from YouTube APIs will adhere to the YouTube Terms of Service. Eklipse will not use these data for any other purpose. You may choose to revoke Eklipse’s access to your YouTube data via Google security settings page We will only store your YouTube data for no longer than 30 days. Hence every 30 days we will prompt you to re-authenticate Eklipse's access to your YouTube account. You can always opt to get your YouTube data deleted from our storage at any point by emailing us at firstname.lastname@example.org
By registering and providing us with your email address, you agree to receive communications from us electronically, such as email, notifications or messages on the Service. We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Eklipse provides to you electronically satisfy any legal requirements that such communications be in writing. For any promotional messages, we will ensure to provide you options to opt out if you do not wish to receive those.
You are solely responsible for your interaction with other Users of the Service and other parties that you come in contact with through the Service. We hereby disclaim any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Service.
You hereby agree to defend, indemnify and hold harmless Eklipse, its affiliated and associated companies and its authorized distributors, and their respective directors, shareholder, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, liabilities, injuries and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees and costs, resulting from or arising under, from or in any way, directly or indirectly, arising out of or relate to (i) your use of and access to the website, service and products which include but not limited to economic, physical, emotional, psychological or privacy related considerations; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any Content or information shared through the Service (v) the licensing or use of your Video Content, or (vi) any violation of any rights of a third party. As used in this section, "you" shall include anyone accessing the Service using your password. Eklipse reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Eklipse reserves the right to modify, replace, add, or remove portions of the Terms at any time at our sole discretion. We may do this for reasons that include, but are not limited to, complying with changes to the law or reflecting enhancements to Eklipse. If the alterations constitute a material change to the Terms, Eklipse will notify you by email or on the website. What constitutes a material change will be determined at Eklipse’s sole discretion. All changes are effective immediately when we publish them, and apply to all access to and use of the website thereafter. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the website following the changes to the terms of service means that you accept and agree to the changes. If you object to the changes, your recourse shall be to cease using the Service. In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
From time to time, your access to the Site and our Services may be interrupted due to issues such as but not limited to equipment failure or malfunction, updating, maintenance or repair of the Site, or any other reason within or outside of our control. We reserve the right to withdraw, suspend, amend or terminate the availability of the Site, Services and products, and to remove any material or content at any time, in our sole discretion and without notice. We will not be liable if, for any reason, all or any party of the website is unavailable at any time or for any period of time. From time to time, we may restrict or limit access to certain features or part of the Site, Service and products without notice or liability. You should not rely on Eklipse as storage for your video content and you are directed to retain your own copies of all video content you posted on the Site.
IN USING THE SITE AND/OR ANY THIRD PARTY LINKED SITE YOU AGREE THAT ALL INFORMATION AND SERVICES IN SUCH SITES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU AGREE THAT YOU USE THE SITE AND/OR ANY THIRD PARTY LINKED SITE AT YOUR OWN RISK. YOU FURTHER AGREE THAT OUR OFFICE AND ANY OTHER PARTY INVOLVED IN CREATING AND DELIVERING THE CONTENTS OR SERVICES OF THE SITE AND/OR THIRD PARTY LINKED SITES HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED THROUGH SUCH SITES. YOU ACCEPT THE FACT THAT OUR OFFICE IS ONLY PROVIDING YOU WITH ACCESS TO CONTENT AND SERVICES AND THAT IT DISCLAIMS ALL WARRANTIES RELATING TO AND ANY AND ALL LIABILITY ARISING FROM SUCH CONTENT OR SERVICES.WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR ILLEGAL, UNAUTHORIZED, OR IMPROPER USE OF INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.
IN NO EVENT SHALL EKLIPSE, OR OUR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, PARENTS, SUBSIDIARIES, OR SHAREHOLDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EKLIPSE IS TO STOP USING THE WEBSITE, SERVICES AND TO CANCEL YOUR ACCOUNT.
This Agreement is governed by and construed under the laws of Singapore, without reference to its conflicts of law provisions.
If you have any questions or concerns about our Terms of Service, do not hesitate to contact us at email@example.com.