General Terms and Conditions (GTC)
The aim of clipflakes.tv GmbH (hereinafter "clipflakes.tv") is to provide with Clipflakes (hereinafter "Clipflakes") a Social Video Search Engine, which is entertaining,
communicative and enjoyable. We encourage our users to a respectful and fair treatment of others. The use of Video Search Engine (URL: http://clipflakes.tv) is subject
to the following General Terms and Conditions (hereinafter "Terms and Conditions").
Scope
(1) The user accepts the application of these Terms and Conditions upon registration on the Clipflakes platform.
(2) clipflakes.tv expressly reserves the right to change or adjust the Terms at any time in the future. Users of Clipflakes will be informed at a suitable place on
http://clipflakes.tv. The user accepts such changes through log in or registration.
Specifications
(1) Clipflakes is a multimedia information platform that enables users to search content, and to sort, save and publish the search results. The services
provided on Clipflakes also include the possibility of uploading various content, such as videos, images or text. The storage capacity for storing and uploading
content for each user is restricted. Furthermore, there is the opportunity for users to make contact with others and to embed selected content on their own websites.
Registered users can create their own profile and post any information about themselves. Also, the user is free to comment on other users´ profiles and their published
search results respectively their content, rate it, invite others, make friends, create their own circle of friends, join groups and send messages to other registered
users via the internal messaging system. clipflakes.tv grants the user a simple, non-exclusive right to use the services of the Clipflakes platform. With the termination
of the usage agreement, the right to use the services also expires. The Clipflakes service is free of charge.
(2) clipflakes.tv respects the intellectual property of others, the integrity of the personality and the protection of privacy, especially of the people depicted
in the content, and asks users to do the same.
(3) All Clipflakes services offered to the users, are intended solely for personal and noncommercial use. With completion of registration, the users commit
themselves to use these services only for private purposes. clipflakes.tv reserves the right to remove content from the platform, which obviously was published only
for advertising purposes.
Registration and Use
(1) Clipflakes services can be used completely, as soon as the user has registered over the registration form on the Clipflakes platform.
(2) Only fully legally competent users or those acting with the consent of their legal representatives are entitled to use the platform.
(3) The users are obliged to keep their password secret and not to disclose it to third parties. If the users becomes aware that a third party knows
the password, they will inform clipflakes.tv thereof without delay.
Legality of the content
(1) clipflakes.tv provides users with space on Clipflakes to upload content, including images, videos and texts. The provided space for each content type
(eg video, pictures, texts) is limited.
(2) The user is solely responsible for his uploaded or published content. The user shall ensure that this content does not violate applicable law and regulations
governing morality and especially the rights of third parties (name, personality rights, copyrights, privacy rights, etc.). In particular, the user undertakes to
not upload any content that violate provisions of the Criminal Code, Youth Media Protection State Treaty (JMStV) or the drug law, drug laws or gun laws. In particular,
content must not be threatening, abusive, racist, violence-glorifying, defamatory, harassing, offensive, pornographic or otherwise harmful to minors. Furthermore,
the user may not upload content or comments to the Clipflakes platform that insult, slander, harass or harm other users in any way.
(3) Also it is forbidden to users, to upload or to publish content on Clipflakes in order to pursue commercial interests (especially spamming), or to distribute
or to promote political or ideological views (especially by the use of symbols or characters of such views).
(4) The user also agrees not to send any data or to save it on a Clipflakes data carrier, which by their nature or characteristics (such as viruses, worms, Trojan horses),
size or duplication (eg spamming), endanger the existence or operation services and data network of Clipflakes.
(5) clipflakes.tv is entitled to block or remove content that violates the terms listed in these conditions. The user has no claim to the removal of a block or
the reinstatement of content which already has been removed. Regardless of the entitlement to block or remove such content, clipflakes.tv remains entitled to exclude
the user from future use of the Clipflakes services provided at http://clipflakes.tv and / or to assert any claims (especially compensation claims) against the user.
Rights of use
(1) The user allows clipflakes.tv to use the posted content for the provision of the Clipflakes services provided at http://clipflakes.tv and grants clipflakes.tv
the necessary rights to the content free of charge. These rights include especially the right, to make the contents worldwide accessible to the public over Clipflakes
or possibly other media, to reproduce, distribute or transfer them to third parties.
(2) clipflakes.tv is further entitled to display advertisements using the publicly published content and doing so around such content and/or to perform other
promotional activities. The user hereby expressly agrees.
(3) As Clipflakes is an open community, the user expressly agrees that third parties are entitled to link or otherwise draw attention to the content from the outside.
As a result of the purpose of the community all content is freely available to third parties and may be used in particular by third parties for their own purposes.
The user grants clipflakes.tv the right to sublicense and transfer the usage rights of the contents. clipflakes.tv claims no ownership to the contents. Rather, the user
is solely responsible for the content posted by him.
(4) The user allows clipflakes.tv to edit the content posted, in particular to adapt it to the format requirements or to improve the display quality.
(5) The rights conferred from the user to Clipflakes lapse upon termination of membership or removal of content from the Clipflakes website.
(6) The user guarantees to clipflakes.tv to be the owner of all the necessary rights to the uploaded content and not to infringe rights of third parties whatsoever or
any legal provisions. The user releases clipflakes.tv, its affiliates and representatives, employees, shareholders and agents or affiliated companies from all claims
that third parties assert against clipflakes.tv claiming that the content posted by the user injured their rights or violate statutory provisions, this includes
the reasonable costs of legal defense.
(7) clipflakes.tv entitles the user to take advantage of the Clipflakes services offered on http://clipflakes.tv and grants the user the simple and non-transferable rights
of use during his membership.
Availability and Liability
(1) clipflakes.tv does not guarantee or warrant the availability of the Clipflakes platform and services. clipflakes.tv can restrict access to services where appropriate
to the security of the operation, maintenance of network integrity, in particular the avoidance of serious disturbances of the network, software or stored data.
clipflakes.tv expressly reserves the right to discontinue Clipflakes or the services offered via Clipflakes without prior notice or to restrict the availability.
(2) In this context clipflakes.tv assumes no responsibility that users are able to take advantage of the services at any time and / or without interruption.
(3) clipflakes.tv does not assume any responsibility whatsoever for the display of content on the Clipflakes platform. The user can notify any possible faults by sending
recorded error messages to the Clipflakes support in writing.
(4) clipflakes.tv is only liable for damages caused by intentional or grossly negligent breach of contract and for damages resulting from negligent breach of contract.
In the latter case, clipflakes.tv´s liability is limited to typical damages foreseeable at the time of conclusion of the contract. The liability of clipflakes.tv for
damage to life and limb and according to the Product Liability Act remains unaffected. The aforementioned liability restrictions also apply to breaches of the legal
representatives or agents of clipflakes.tv.
(5) clipflakes.tv assumes no responsibility for any content, data and information published by its users on Clipflakes, nor for the content of any linked external sites.
clipflakes.tv in particular does not warrant that this information is true, has a specific purpose or serve such a purpose.
(6) clipflakes.tv expressly dissociates itself from the contents of all sites which are linked from the website http://clipflakes.tv. clipflakes.tv does not assume any
liability for such contents and websites.
Privacy Policy
(1) clipflakes.tv will treat all personal data of the user confidentially in compliance with legal regulations. During the term of the contract the data will without
prior explicit consent only be collected, processed and used for the purposes of contract management. The data is electronically collected, used and processed.
(2) clipflakes.tv has attached a separate privacy statement on the subject of data protection. The user hereby acknowledges this privacy policy.
General
(1) These Terms and Conditions and the entire legal relations between clipflakes.tv and the users are exclusively subject to the laws of the Federal Republic of Germany,
excluding the UN Sales Convention. Place of performance is Munich. Jurisdiction is, as far as lawfully permitted, Munich.
(2) The possible ineffectiveness of individual provisions of these Terms and Conditions shall not affect the effectiveness of the remaining provisions. Ineffective or void
regulations are to be replaced by those which in their content and purpose meet the economically intended purpose as closely as possible. The same shall apply for any regulatory
gaps of these Terms and Conditions.
Last updated: 15 February 2011
Privacy Policy of clipflakes.tv GmbH
The clipflakes.tv GmbH (hereinafter "clipflakes.tv") is committed to respecting and protecting the privacy of its users. Therefore, the information
collected will be carefully processed in accordance with the guidelines of the applicable data protection law.
2. Data Collection
(1) When registering at http://clipflakes.tv (hereinafter "Clipflakes"), and when creating a user profile, personal information
is requested and recorded. The user's data is kept confidential in accordance with legal regulations. The data is collected, used and processed electronically.
(2) All data transmitted to us will be kept confidential. clipflakes.tv will in principle not transmit the user data to third parties for reuse, unless it
was explicitly given a consent by the user, or clipflakes.tv is required to disclosure this information, for instance by court order.
2. Personal data
Personal data is information to identity the user, such as name, e-mail address or mailing address.
3. Use of data
(1) clipflakes.tv will disclose information to third parties only if this is required by law or legal reasons and / or if it is necessary to provide the user with,
and implement, services of the platform and / or if clipflakes.tv has the user's express permission to do so.
(2) clipflakes.tv has the right to disclose information to third parties if they are to take on services and activities on behalf of and for clipflakes.tv, eg
such as running the platform software on external servers.
(3) clipflakes.tv collects, stores and processes information in order to understand user behavior better and to offer need-based services. Therefore
clipflakes.tv carries out internal analyses concerning the demography, user interests and behavior. This is done anonymously, i.e. no personal data will
be used for these purposes.
(4) With the consent of the user, clipflakes.tv can send him a newsletter with content for example on the subject support (technical information) or other
relevant information concerning the operation of the Clipflakes platform. Through a link in each newsletter, the user can unsubscribe from this newsletter at any time.
4. Data Security
clipflakes.tv cares about data security under the Data Protection Act. clipflakes.tv points out that electronic communication is never a hundred per cent secure.
In addition, clipflakes.tv emphasises that despite high security standards, information released by the user voluntarily over the Internet can be used by others.
Therefore clipflakes.tv cannot accept responsibility or liability for the disclosure of information due to errors in data transmission and / or unauthorized
access by third parties.
5. Cookies
After the registration of the user Clipflakes uses cookies. Cookies are small text files that enable the recognition of the user, so users will not have to register
again each time they visit the website. Cookies can also help to enable us adjusting the services to the users' interests. We use cookies to analyze the use of the
Clipflakes website and to provide users with interesting information. Our Clipflakes services can of course always be used without cookies.
6. Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on
your computer, to analyze the use of the website by you. The information generated by the cookie about your use of this website (including your IP address) is sent
to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the website, compiling reports on website activity for
website operators and providing other website activity and Internet related services. In addition, Google may also transfer this information to third parties unless
required by law or if third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
You may refuse the use of cookies by changing the settings on your browser, we would point out, however, that you can use in this case not all the features of
this website. By using this site, you consent to the processing of data about you by Google in the manner described and for the aforementioned purpose. If you want to
prevent the analysis of the use of the website by Google Analytics, so please install the provided Google browser add – on: http://tools.google.com/dlpage/gaoptout?hl=de
7. Changes to Privacy Statement
(1) clipflakes.tv reserves the right to change this Privacy Policy at any time in accordance with applicable data protection regulations.
Last updated: 02 February 2010
