TERMS OF USE
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