This paragraph describes terms and conditions for using the site Clipland - short form media ("Clipland") and its World Wide Web (www) servers and explains our copyright policies. If you are not agreeing with the terms explained here, we can't allow you access to our service and we can't accept your registration as user.
1. Description of the Website
Clipland is a database of metadata about visual content (called Clipland Catalog) and a free video hosting website which enables users to access, view, upload, share and comment on their personal videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size of each video is limited to 2 GB and 60 minutes for bandwidth cost control reasons. Since the Website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.
2. Your intellectual property rights
If you have registered and have a Clipland account pursuant to which you upload video files you create, including comments on videos, your nickname and your avatar (âYour Contentâ), Clipland does not own Your Content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. mobile phones), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorise us to reproduce/ display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted â including Your Content - are not protected against the risks of misappropriation and/ or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.
3. Other users' intellectual property rights
Other users of the Website have provided other content subject to the Terms and other notices and policies set forth on the Website. You may access other users' content solely:
for your information and personal use;
as intended through the normal functionality of the Website; and
"Streaming" means a digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user's content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user's content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.
4. Our intellectual property rights
The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the âClipland Contentâ), is the exclusive property of Clipland GmbH and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Clipland Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Clipland GmbH or Clipland's licensors. You agree to not use or exploit the Clipland Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Clipland Content. All rights not expressly granted in the Terms are reserved to Clipland GmbH and its licensors.
5. Our liability as host
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section 5.1, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.
5.1 Prohibited content
Clipland has established a visible and easily accessible means of allowing anyone to notify it of dissemination via the Website of the following content:
- child pornography;
- dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
- unlawful, obscene, defamatory or libelous material; or
- any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).
To this end, a special form is available upon clicking this video may link, which is situated beneath each Player, titled "report this video" or "flag this video". You may also send a detailed letter to our Prohibited Content department at Clipland GmbH, Postbox 110146, 47141 Duisburg, Germany, specifying the date, your name, the URL address of the content in question, a description of the content in question, and the username of the person who uploaded it. You may also send an email to email@example.com. Upon receipt by Clipland of notice of the aforementioned violations, the content in question will be reviewed and may be removed from the Website. Additionally appropriate authorities may be notified.
6. Your liability as user
As a supplier of content on the Website, including videos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website (i) does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/ or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).
By uploading or disseminating images to us through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/ or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions will result in Your Content being removed as set out in paragraph 5 and/ or your account being deactivated without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/ or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content. A "flag this video" link appears next to each Player in order to allow misuse to be reported by other users, should this be necessary.
7. Registration and access
In order to use the Website's features, you must set up an account using the online registration form. You are free to modify the Personal Data you provide on the form at any time. Upon validating the form, you will receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.
8. Availability of the Website
In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.
9. Proof, retention and storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.
Allowed servers usage
The purpose of this document it to explain our actions in protecting the resources of our www servers. Systems (described below) which cause additional and/or unnecessary strain on our servers are strongly discouraged and users and/or sites that do not follow these guidelines may be banned from using the site.
Please try to follow the rules, as it will provide for speedier use of the site for everyone. Many of the systems (described below) can cause other users to be unable to access our site so these measures are taken to help our users in general. The following terms and conditions relate to usage of our www services this page be read in conjunction with our Copyright notice and general terms. The list should not be considered comprehensive or final, we reserve the right to alter it at any time.
Robots and crawlers need to follow the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots/robots.html). Robots that ignore the guidelines are easily detected and banned.
It is not permitted to copy parts of the website or the service in whole using offline-browsing software (like HTTrack, Offline Explorer and similar) or custom robots for uses other than websearch. Copying clipland in any form requires written permission from Clipland GmbH.
graphics, sounds and videos
Written permission is required before Clipland graphics, sound or videos can be placed on external sites. This includes copying the graphics, sounds or videos and serving them from our site. A subset of the Clipland graphics are available for linking purposes; those do not require written permission if used in accordance with the conditions of linking.
See the copyright and license paragraph for details on republishing parts of the database.
An Email address is provided for user queries relating to Clipland. Capture of email addresses featured in Clipland pages for use in unsolicited email activities is not permitted.
Please read the reasons above carefully. If you are reading this page and think that you should be able to gain access please contact the Clipland Help Desk so that we can look into this matter as quickly as possible. Please include details of the browser and operating system you are using, along with any other details you think might be of help to resolve this issue.
The compiler of this document has attempted to make every reasonable effort to ensure that any information contained herein is accurate and complete. However, the compiler is unable to assume responsibility, legal or otherwise, for any inaccuracies, errors, or omissions relating to the information contained below. All of the information contained in this document is believed by its compiler to be held in the public domain. The compiler is not affiliated with any of the companies whose products are mentioned here, nor does he necessarily endorse these products. All statements about such products are for informational use only. Trademarks are indicated by (tm) where applicable, and are used here without the permission of their owners. In some countrys linking to pages with illegal content or pages with links to illegal content can be a crime. The compiler of this document and this service (Clipland.com) wants to state that every effort has been made to ensure that no illegal or unlawful contents or comparable contents are shown as part of one of Clipland's pages. Clipland can not guarantee for the contents of non-Clipland pages. Our liability ends with leaving our pages through links.
This service is provided for the information of users only. It is not provided with the intention that users rely upon the information for any purposes. Accordingly, Clipland shall under no circumstances be liable for any loss or damage, including but not limited to loss of profits, goodwill or indirect or consequential loss arising out of any use of or inaccuracies in the information. All warranties express or implied are excluded to the fullest extent permissible by law.
Duisburg, January 11th, 2012