Klypr

Terms of Use

Welcome to Klypr! Our software application services (“Services”) and application (“App”) are made available through the Apple App Store or this website and are licensed, not sold, to you. In order to use the Services and App, you must accept this Licensed Application End User License Agreement (“Standard EULA”). Your license to the App known as Klypr, under this Standard EULA, is granted by Klypr, LLC (“Licensor”) under this EULA. Licensor reserves all rights in and to the Services and App not expressly granted to you under this Standard EULA.

License Scope

Licensor grants to you a non-exclusive, non-transferable, revocable license to use the App on any mobile device products that you own or control and as permitted by the Usage Rules described below. This EULA governs access to the App and use of the Services. By creating an account and using the App or Services, you agree to the terms of this EULA. 

Use of the Services and App may require equipment or ancillary services, including modems, hardware and software. You are responsible for obtaining such equipment or ancillary services and ensuring they are compatible with the Services and App.

You may only use the Services and App for your own personal and non-commercial use. Distribution of the App over a network where it could be used by multiple devices is prohibited. You may not transfer ownership of the App or redistribute it to a third party. If you sell your mobile device, you must remove the App from your mobile device before doing so. You may not reproduce, modify, reverse-engineer, create derivative works of, disassemble, decompile, or attempt to derive the source code of the App.

Consent to Use of Data

You agree that by using the Services and/or the App, Licensor may collect, use, and disclose your Account Information according to our Privacy Policy. This may also include technical data about your device and system software that is used to improve the Services and App.

Termination

This Standard EULA may be terminated at any time by you or Licensor. We may terminate your account or access to the Services if you fail to comply with any of its terms. 

Third party services

The Services or App may contain links to third-party services and websites. Access to third-party services or websites is at your sole risk. Licensor assumes no responsibility for the content, accuracy, or privacy policy of any third-party services. By using the Services, you relieve Licensor of any liability for any such third-party services. 

Licensor does not guarantee any data displayed by the App or any third party service. 

You may not use any third-party services in a manner that is inconsistent with the terms of this Standard EULA. Your use of any third-party services may not infringe the intellectual property rights of Licensor or any third party. You may not use any third-party services to harass, abuse, or otherwise harm another person. You agree that Licensor is not responsible for any such use. Licensor may modify or remove access to third-party services at any time without notice or liability to you. 

No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATURE. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, AND NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR WILL CREATE A WARRANTY NOT EXPRESSLY STATED HEREIN. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT IS ACCURATE OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, LICENSOR IS NOT RESPONSIBLE FOR ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, THE DISCLAIMERS OF LIABILITY HEREIN APPLY TO ANY AND ALL DAMAGES AND INJURY WHETHER INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL LICENSOR’S TOTAL LIABILITY TO YOU BE MORE THAN TWENTY FIVE DOLLARS ($25). IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Export

Licensor controls and operates the App and Services from the United States. Use of the App and Services from other jurisdictions must comply with all applicable United States and local laws and regulations, including, but not limited to export and import regulations. In particular, but without limitation, you shall not export or re-export the App into any U.S.-embargoed countries or to any person or entity blocked or denied by the U.S. government. You shall not use the App or Services if you are located in any such country or on any such list.

Jurisdiction

You and Licensor both agree that any dispute will be finally settled by arbitration in Denver County, Colorado in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by both parties from the list of JAMS arbitrators to have experience in resolving intellectual property and commercial contract disputes. If the parties cannot agree on an arbitrator, the arbitration organization will select the arbitrator. Both parties will bear equally the fees of the arbitrator. This arbitration will take place on an individual basis; YOU AND LICENSOR CONSENT TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. 

Ownership rights

Licensor does not claim any ownership rights in the video, images, text, audio, or any other materials (“User Content”) that you post or upload via the Services. You retain your ownership rights in such User Content except as set forth in this EULA.

Licensor is not responsible for any third party Content in your User Content. We retain the right to remove such Content, your User Content and/or any other content at our discretion without notice or warning.

The App or Services may contain Content that features you or your name, image, or likeness. You grant to Licensor a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, and display your User Content for the limited purposes of operating, providing, and improving the Services and App.

Usage Rules

You warrant and represent and that:

  • you have the legal right to post or share the User Content in accordance with the terms of this EULA;
  • You are not violating the rights of any other person or entity by posting or sharing your User Content through the Services;
  • you have made and will make no agreement with any third party that interferes in any way with the provisions of this EULA;
  • you are at least 18 years old, OR you are an emancipated minor, OR you have parental or legal guardian consent to use the App and Services;
  • if you are the parent or legal guardian of a child under the age of 13, you may set up an account for your child. By doing so, you consent to the practices for collecting and using your child’s personal information as described in our Privacy Policy and agree to provide any information necessary for us to comply with the Children’s Online Privacy Protection Act (“COPPA”). Any child who has had an account created in this manner is considered to be a User for the purposes of this EULA.; 
  • You waive any moral rights or rights of publicity or privacy to the User Content to the extent that they exist; and
  • You are responsible for all royalties, fees, or any other monies owed to any person or entity due to User Content posted or shared by you via the Services.

Infringing Content; Digital Millennium Copyright Act

It is important to respect the intellectual property of others. Our policy is to remove any User Content that infringes the copyright of a third party or otherwise violates any third party rights. We reserve the right to enforce this policy at our sole discretion. We may also suspend or terminate the account of a User found to be in violation of copyright law.

If you are the owner of a copyright or an authorized agent and believe that one of our users has posted or shared content via the Services that infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in the form of a written notification (pursuant to 17 U.S.C 512(c)(3)):

  • your electronic or physical signature;
  • An identifying description of the copyrighted work that you claim has been infringed;
  • An identifying description of the material that you claim is infringing;
  • your contact information: physical address, telephone number, and email address;
  • a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law or with regard to the rights violated; 
  • a written statement that you are either the owner of the copyrighted work that you claim has been infringed, or you are authorized to act on behalf of the copyright owner; and
  • a written statement that, under penalty of perjury, all information in the notification is accurate.

The designated Copyright Agent is Shane Bussmann, who may be contacted by email at support@klyprsports.com or by mail at 1011 Zodiac Dr., Colorado Springs, CO 80905. 

If you believe that your User Content that was wrongfully removed in relation to a claim of copyright infringement, you may submit a counter-notice pursuant to the DMCA containing the following information to the Copyright Agent:

  • your electronic or physical signature;
  • An identifying description of the User Content that you claim was wrongfully removed;
  • A written statement that you have a good faith belief that the User Content was wrongfully removed; 
  • your contact information: name, address, telephone number, and e-mail address;
  • a written statement that you consent to the jurisdiction of the appropriate federal district court; and
  • a written statement that you will accept service of process from the party who submitted the alleged infringement notification.

Please be aware that Licensor, in its sole discretion, may send a copy of the counter-notice to the original complaining party, informing that person or entity that it may replace the removed User Content in 10 business days. The copyright owner will then have an opportunity to file an action seeking a court order against the User Content provider, member or user; otherwise, the removed User Content may be replaced.