Terms of Use

1. This agreement

Clockitlive is a service of Kooemma Digital Holdings LLC, a limited liability company based in Arizona, United States. In these terms, "Clockitlive" is the service, and "we", "us" and "our" mean Kooemma Digital Holdings LLC.

By creating an account, joining an event or posting a moment, you agree to these terms and to our Privacy Policy. If you do not agree, do not use the service.

If you accept these terms for an organization, you confirm you are authorized to do so on its behalf, and "you" means that organization.

2. Who may use this

You must be at least 18 years old to create an organizer account, since that account is a contract with us.

Guests do not hold accounts. A guest gives a name to be known by and posts, and that is the whole of it. Guests must be at least 13. Between 13 and 18, a guest should have a parent or guardian's permission before posting.

3. Accounts

Give us an address you can actually receive mail at, because that address is how you get back in, and keep your password to yourself. What happens under your account is your responsibility. Tell us at support@clockitlive.com if you think someone else is in it.

4. The invite link is a key

Anyone holding an event's link or its printed code can join that event, see what has been posted and post to it themselves. The link carries a random tail so it cannot be guessed, but it cannot tell one holder from another.

Handing it out is the organizer's decision and the organizer's responsibility. Put it on the tables at a reception and it belongs to the room. Post it publicly and it belongs to everybody.

5. What you post stays yours

You keep every right you had in the photographs and videos you post. We claim no ownership of them.

You grant us a non-exclusive, worldwide, royalty-free license to host, store, resize and display your content, for the sole purpose of running the service: showing it to the people in that event, on their phones and on the venue screen, and including it in that event's album. The license exists so the product can work, goes no further, and ends when the content is deleted, apart from copies remaining in routine backups for a while.

You confirm you have the rights to post what you post. We do not use your content to advertise, we do not sell it, and we do not train machine learning models on it.

6. Photographs of other people

Nearly everything posted here is a picture of somebody. Post what you have the right to post, and do not post someone who has asked you not to. People have rights in their own likeness, and posting a photograph of someone does not transfer them.

If you are in a moment you did not post and want it gone, tell the organizer of that event, who can take it off every screen at once. You can also write to support@clockitlive.com and we will act on it. You do not need an account to ask.

7. What not to post

Do not use Clockitlive to post or do any of the following:

• Anything unlawful, or anything that infringes somebody else's rights.
• Any sexual content involving a minor, or any intimate image of a person shared without their consent.
• Harassment, threats, or content whose purpose is to humiliate somebody.
• Content posted to intimidate a person at the event it is running at.
• Attempts to break, overload, scrape or work around the service, including trying to reach events you were not invited to.

Nothing waits for approval. Moments appear the moment they are posted, and moderation happens after the fact: the organizer takes down what should not be there. That is a deliberate choice about how a live event feels, and it means an organizer is the one watching their own room. We may also remove content ourselves.

8. If you run an event

You decide who is invited, what is shown on the big screen, what comes down and who can open the album afterwards. With that comes responsibility for the event you are running.

• Tell your guests what you are doing. A wall of photographs in a room is not a secret.
• Recording law is local and you are the one who knows where you are. Some states require everyone recorded to consent, and rules differ again for audio. Meeting those rules is yours to handle, not ours. This holds for a watch party as much as for a room: the people in one are in their own homes, in their own states and sometimes their own countries, and the law that applies is theirs and not only yours. Everybody in a watch party is told before their camera opens and presses to agree, and that is where our part ends.
• If you list your event publicly, you are choosing to make its title, venue, date and your name visible to anyone. It is off unless you turn it on.
• Take down what should not be there. You have the controls to do it in seconds.

9. If you join someone's recording

A watch party is somebody recording, with you in it. You open a link they sent, ask to come in, and if they let you in your camera and your microphone go into the recording they are making, next to whatever they are sharing on their screen. Your name goes with them, and it is the name you typed rather than one we knew already.

Joining is agreeing. You are told what happens before your camera is asked for, and pressing to join accepts these terms and the recording alongside them. If that is not what you want, close the link. Nothing is opened and nothing is sent until you press.

You can leave whenever you like, and you can turn your camera off without leaving. Leaving stops anything further being recorded of you. It does not undo what is already in the file, and neither can we: read the next paragraph before you decide to join.

The recording belongs to the person who made it. They can keep it, download it, edit it and post it, and once it is a file on their machine it has left this service. If you want it taken down after that, they are the person to ask. Ask us and we will pass it on and act on anything still held here, which is honest about what we can reach rather than a promise we cannot keep.

The link is a key and it travels. Whoever holds it can ask to come in. Only the person recording decides who actually does, and they can take anybody out of the picture at any point. Do not forward a link to somebody the host has not agreed to.

What you must not do in one of these is what you must not do anywhere else here: see What not to post above. Somebody else's watch party is not a place to show something they would have to take down.

10. Copyright and DMCA

If you believe something here infringes your copyright, send a notice to support@clockitlive.com with: your signature, physical or electronic; identification of the work; the link to the material you want removed; your contact details; a statement that you believe in good faith the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for them.

We will remove or disable material in response to a valid notice and tell whoever posted it. They may send a counter-notice to the same address, and we will restore the material in 10 to 14 business days unless you tell us you have filed a court action.

We terminate repeat infringers. Do not send a notice in bad faith: Section 512(f) makes a knowing misrepresentation actionable.

11. What we do not promise

We work hard to keep this up while your event is running. The service is provided as it is and as available, without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement. We do not promise it will be uninterrupted, secure or free of faults.

Some limits are real and worth stating plainly rather than burying. Video is stored as the phone recorded it and clips are capped in length. Some photograph formats are stored without smaller versions being made. Live events depend on the venue's network, which is not ours.

Keep your own copies of anything you cannot lose. This is somewhere to share the event, not the only place your photographs should exist.

Some states do not allow the exclusion of implied warranties, so parts of this may not apply to you.

12. Limitation of liability

Nothing here limits liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited. Some states do not allow some of the limits below, so they may not apply to you.

To the fullest extent the law allows, Kooemma Digital Holdings LLC is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, for lost profits, lost data or lost content, or for content lost where you held no copy of your own, even if we were told such damages were possible.

Our total liability for any claim relating to the service is limited to the greater of one hundred US dollars ($100) or the amount you paid us in the twelve months before the claim arose.

We are not responsible for what guests or organizers post, or for what anyone does with a photograph after it leaves the service.

13. Indemnification

You will defend and indemnify Kooemma Digital Holdings LLC and its members, officers and employees against claims, damages and reasonable legal costs arising from your content, your use of the service, your breach of these terms, or, if you are an organizer, from the event you ran. We will tell you about any such claim and let you control the defense, and you will not settle anything that admits fault on our part without our agreement.

14. Disputes, arbitration and class action waiver

Please read this section carefully. It affects your rights. It requires most disputes between you and us to be resolved by individual arbitration rather than in court, gives up your right to a jury trial, and gives up your right to take part in a class action. You can opt out within 30 days and nothing else about your account changes if you do.

Talk to us first. Most things are settled by email. Before starting anything formal, send a description of the dispute and what you want to support@clockitlive.com, and give us 60 days to work it out.

Arbitration. If that does not resolve it, you and we agree that any dispute arising out of or relating to these terms or the service will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before one arbitrator, in Maricopa County, Arizona, or by phone or video, or in the county where you live if you would rather. The arbitrator decides questions of arbitrability, and their award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.

Class action waiver. Arbitration is on an individual basis only. You and we each waive the right to bring or take part in a class, collective, consolidated or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, goes to court under section 15, and the rest of this section still stands.

What is carved out. Either of us may bring a claim in small claims court if it qualifies, and either of us may ask a court for an injunction to stop infringement or misuse of intellectual property.

How to opt out. Send an email to support@clockitlive.com with the subject "Arbitration opt-out", within 30 days of first accepting these terms, saying who you are and the email on your account. That is the whole process. Opting out costs you nothing and changes nothing else about your use of Clockitlive, and we will not treat you differently for it.

Time limit. Any claim must be brought within one year of when it arose, or it is waived, unless the law where you live says otherwise.

15. Governing law

These terms are governed by the laws of the State of Arizona, without regard to its conflict of law rules. Where a dispute goes to court rather than arbitration, it belongs in the state or federal courts in Maricopa County, Arizona, and you and we both consent to that. If you are a consumer, this does not take away the protections of the law where you live.

16. Suspension and termination

We may remove content or suspend an account that breaks these terms, or where the law requires it. Where we can, we will say why. You may stop using the service and close your account whenever you like. Sections 5, 10, 11, 12, 13, 14 and 17 survive the end of this agreement.

17. Changes to these terms

We may update these terms. The date at the top of this page tells you when they last changed, and for anything significant we will say so in the product before it takes effect. Continuing to use Clockitlive after a change means you accept the updated terms. Changes to section 14 do not apply to a dispute we already knew about.

18. The rest of it

These terms and the Privacy Policy are the whole agreement between us about the service. If any part is found unenforceable, the rest still stands. Not enforcing something once does not waive it. You may not assign this agreement; we may assign it to an affiliate, or to a buyer of the business or of the Clockitlive service, including on a reorganisation within our group. Nothing here makes either of us the other's agent or partner. We are not liable for failures caused by things outside our reasonable control. Notices to you go to the email on your account; notices to us go to support@clockitlive.com.

19. Contact

Kooemma Digital Holdings LLC
support@clockitlive.com

One address for all of it: copyright notices, arbitration opt-outs, security reports and everything else. Say in the subject line which it is and it reaches the right person.