This paragraph describes terms and conditions for using Clipland's web properties, its World Wide Web (www) servers, connected
properties and infrastructure and explains our copyright policies. If you are not agreeing with the terms explained here, we can't
allow you access to our services and we can't accept your registration as user.
"CLIPLAND.COM" (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE CLIPLAND.COM WEBSITE, THE "WEBSITE"),
AND ANY NON-WEBSITE BUT RELATED SERVICE OFFERING (COLLECTIVELY ALL APPLICATIONS AND USABLE EXTENSIONS) PUBLISHED BY CLIPLAND GMBH.
BY ACCESSING/VISITING OR USING THE WEBSITE IN ACCORDANCE WITH THE TERMS SET OUT BELOW (WHETHER YOU ARE A REGISTERED USER OR
UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE
INDIVIDUAL, YOU REPRESENT TO CLIPLAND THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS
WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A
USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.
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.
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 (“Your Content”), 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 – 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.
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
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 "Clipland Content"), 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. We can (but do not have to) remove, block, edit or modify any content in our sole discretion
at any time, without notice to you and for any reason or for no reason at all. We reserve the right to access, read, preserve, and disclose
any information as we reasonably believe is necessary to satisfy applicable laws or protect the rights, property or safety of us, our users
and the public.
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.
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 contact\@clipland.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.
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.
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and
all applicable laws. You agree not to, and shall not allow anyone else to, submit any content or otherwise take any action that (i)
infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or
entity, (ii) is unlawful, harmful, fraudulent, deceptive, abusive, threatening, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable, (iii) impersonates any person or entity, (iv) constitutes unauthorized or unsolicited advertising,
junk or bulk e-mail (“spamming”), (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program,
(vi) uses any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Services,
(vii) attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services, (viii) take any action
that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our
third party providers’) infrastructure (also see section on allowed server usage), (ix) interfere or attempt to interfere with the
security or proper working of the Services, or (x) otherwise take any action in violation of our guidelines and policies.
Registration and access
In order to use some of our services, you must set up an account using the online registration form. You are free to review, modify
and delete the Personal Data you provide at any time. Registration on our website, and creating a login, is demonstration of your
consent to share some of your private data with us in line with the General Data Protection Regulation (GDPR, DSVGO) in effect across
the European Union.
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.
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.
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.
Please understand that our service can't be used completely anonymous. We set cookies and keep server logs to run our service.
Additionally, displaying advertisements, or links to partnering companies, may be used by these companies to gather usage-data.
We have only limited control about the policy of these partners. Note that we adhere to a user consent policy and ask for your
permission to store any data you may provide. We also adhere to the policies established by and regulated in the General Data
Protection Regulation (GDPR, DSVGO) in effect across the European Union.
Data related to your user account remains private. We do not share your information with third parties unless law requires us
to do so. Apart from that, most material you enter or upload to Clipland will be displayed in public areas of this
service. So take extra care when you upload or enter material to make sure you don't leak information you want to retain.
or services of our website. Apart from login data, which may be personalized, data sourcing on our website is always anonymous.
Third party vendors on the other hand, including our advertising and advertising technology partners, like Google, use
cookies to serve ads based on a user's prior visits to this or other websites, so called Third-Party Cookies. These advertising
cookies enable third parties to serve ads based on a user's thematic preferences gathered on this site and on the Internet.
Users may opt out of personalized advertising by disabling cookies, setting a browser's Do Not Track settings or other means.
More information can be found on sites like www.aboutads.info
. The advent of the General Data
Protection Regulation (GDPR) across the EU has updated restrictions in this domain. So please review third-party regulations
and use improved opt-out options if you prefer to do so.
User may contact Clipland via E-mail. We do not collect E-mail addresses for advertising purposes. Capture of email addresses featured
in Clipland pages for use in unsolicited email activities is not permitted.
Not primarily website based service offerings, like our mobile or embedded application, may use persistent tokens or other
means of uniquely identifying a single installation of our software and/or to faciliate a user's authentication via login as part
of session authorization. Due to the nature of installed apps, these sessions may run for long periods and persistent tokens from
Oauth2 or a similar login scheme usually persist on a device. This is similar to Cookies but usually can't be opted-out of. If you
are concerned about these mechanisms, please do not use these applications. You can't use our installed applications without your
consent to these persistent storage mechanisms.
Usage data collection
Like most internet services, we gather some information automatically and store it in log files. This information includes
Internet Protocol (IP) addresses, user agent (browser) type and language, IP geolocation, referring and exit websites and
applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends,
to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather
demographic information about our user base as a whole. Clipland may use this information in marketing and advertising
services. We do this on a fully anonymous level. We do not link usage data to persons or names. Data we store to faciliate logins
is never connected with usage data. Any case where usage data could be linked to an individual is unintended from our side and
accidental. As a user you must be aware of the possibility anyways, and you waive us free of any liability or compensation on
your end that may be caused by such data traces, your data traces.
In order to execute data collection and usage analysis, we may, at times, rely on third-party services. This leads to your
anonymous usage patterns being shared with a third party. Although we strive to select trusted and quality partners, we ultimately
have only limited control about the policy of these partners. Your continued usage of our site, services and installable
applications documents your consent with our policies regarding this matter and your consent to this data share. If you are
concerned about this practice, you may contact us and we will report which, if any, third party services are currently employed
to help us analyze usage data.
Usage of external libraries and CDNs
At Clipland, as part of our service offerings, we try to serve as much elements as possible from owned infratructure. Yet, in parts,
it makes sense to embed external resources or libraries and/or using content delivery networks (CDNs) to serve such elements.
Although we strive to select trusted and quality partners, we ultimately have only limited insight into and control about the conduct
of business and data protection policies of these partners. Technically it's possible, that a request of an embedded external
resource from an external third party service or via a CDN leaks information about your request, context URI, etc. If or if any external
resources are embedded into a page can be checked by looking at the source-code of any HTML page or by observing which resources are
requested as part of a page request. Your continued usage of our site, services and installable applications documents your consent
with our technical design-decisions regarding this matter. You are free to block third party resources, but we ask you to understand,
that this may break the viewed service/content.
Additional Terms for off-site Services and Applications
Clipland's web and service presences on different platforms and devices (namely on social media, web platforms and in the form of mobile
or embedded device applications, "apps") are an extension of services offered by Clipland on its website and as such are governed by the
entertainment purposes only, without any guarantee or liability and with limitations already stated.
The software we make available to access our services is considered part of our services and subject to the terms and restrictions herein.
Any third party code that may be incorporated in such software is covered by the applicable open source or third party end user license
agreement, if any, authorizing use of such code. Some third party code may be licensed under a GPL or similar type license, and such software
is not subject to the restrictions on reverse engineering set forth herein.
On mobile devices there may be additional data charges for data that is initiated by our services or applications. The user is held
responsible to configure the display device accordingly and be aware of mobile data usage fees or any other data traffic charges that
may apply. Clipland is in large parts dedicated to streaming video which is usually a data intensive application and may require adjusting
the network configuration of a device to prevent unecessary data transfers or accidental data charges.
Legal Notices and Attributions for Android and iOS Apps
Clipland's Android and iOS applications use a number of open-source technologies and libraries that require separate attribution. This
section lists these components:
Apache Cordova and Cordova Plugins, https://cordova.apache.org/, Apache License, Version 2.0, http://www.apache.org/licenses/LICENSE-2.0
Google ExoPlayer, https://github.com/google/ExoPlayer, Apache License, Version 2.0, http://www.apache.org/licenses/LICENSE-2.0
jQuery, https://jquery.org/, MIT License, https://tldrlegal.com/license/mit-license
mustache.js, https://github.com/janl/mustache.js, MIT License, https://tldrlegal.com/license/mit-license
Please read the above carefully. If you are reading this page and think that you should speak to us, 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 your specific 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 in May 2020.