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Terms of UseAugust 2, 20081. General
ClipMoon is a video share service, which is driven by 2 private
people. Before you use Clip Moon’s website, please read through
these Terms of Use carefully as they govern your use of the services
provided by ClipMoon. ClipMoon may supplement, modify or amend these
Terms of Use from time to time. Such notice shall appear exclusively on
the website. Your may reject any modification or amendment to these
Terms of Use within a 14 day period and if you chose to do so ClipMoon
shall have the right cancel your account with it, or your access to its
website. Once said period has expired the modified or amended Terms of
Use shall become effective. You are only authorized to use the website
if you agree to abide by all applicable laws and these Terms of Use, as
supplemented, modified or amended from time to time.
2. Description of Services
Free account: This service is free of charge and consists of allowing
the user to host videos for the purpose of electronic publishing and
sharing. You are able to create a user profile,
rate and comment on videos, invite other users to join, make new friends
and send emails to other users through the internal email system.
Free account features: Each user is permitted unlimited storage space for uploading
videos. The Max. allowed file size for video uploads is 100MB and Max.
allowed video length for uploads is 10 minutes. The user is not allowed
to direct download videos and other content from ClipMoon to his
computer.
Premium account: This service costs a monthly or
yearly fee, which the user can see on the "Premium" page after login to
his account. The fee have to be paid monthly or yearly in advance. The
premium accounts
do NOT automatically re-new! You can manually extend
them
anytime. The Premium service consists of allowing the user to host videos for the purpose of electronic publishing and sharing. You are able to create a user profile, rate and comment on videos, invite other users to join, make new friends and send emails to other users through the internal email
system.
Premium account features: Each user is permitted unlimited storage space for uploading videos. The allowed file size for video uploads is
unlimited and the allowed video length for uploads is also unlimited. The user is
allowed and able to direct download videos from ClipMoon to his computer.
ClipMoon reserves the right to close
premium accounts, which are shared with other people.
3. Registration and Use/Access
A. By registering with ClipMoon, ClipMoon hereby grants you permission
to use the website as set forth in these Terms of Use, provided that:
You not copy or distribute any part of the website in any medium without ClipMoon's prior written authorization;
and you otherwise comply with the terms and conditions of these
Terms of Use. By registering with the website you are expressly agreeing
that these Terms of Use govern your relationship with ClipMoon and that
they are binding upon you. These Terms of Use constitute the entire
agreement between you and ClipMoon and no other terms will be recognized.
Should ClipMoon permit any other entity to make offers, or provide
services, via the website or any link thereto, such offers or services
will subject to their own Terms of Use or Terms of Business. ClipMoon
has no control over and assumes no responsibility for the content,
privacy policies or practices of any third parties and/or their websites.
B. In order to access some features of the website, you will need to
create a user account. You are solely responsible for the activity that
occurs on this account, and for keeping your account password secure.
You must notify ClipMoon immediately of any breach of security or
unauthorized use of your account. Although ClipMoon will not be liable
for your losses or damages caused by any unauthorized use of your
account, you may be liable for the resulting losses or damages of
ClipMoon or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline readers," etc., that
access the website in a manner that sends more request messages to
ClipMoon’s servers in a given period of time than a human can reasonably
produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, ClipMoon grants the operators of public
search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable
indices of the materials thereon, but not caches or archives of such
materials. ClipMoon reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the website, or to use the communication systems provided by the
website for
any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the website with respect to their User
Submissions.
D. You are not permitted to send data or save information on a ClipMoon
data medium which, due to its nature (ex. Virus’), size, or duplication
capability (ex. Spamming) could jeopardize or damage ClipMoon’s services
and/or data networks. In the event of a breach of this restriction, you
would be liable for any damages resulting from sending such unauthorized
data.
E. Each user is allowed to register only one account.
If you violate these restriction,
ClipMoon is authorized to deny or delete your videos, and/or cancel
your account without prior notice.
4. Contents
ClipMoon will save your videos and other information (together the "Contents")
for you and will provide you access thereto. You will be solely
responsible for your up-loaded Contents. In connection with your
Contents, you agree that you will not: (1.) submit material that is
copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful
owner to post the material; (2.) publish falsehoods or
misrepresentations that could damage ClipMoon or any third party; (3.)
submit material that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise
inappropriate; (4.) upload or post advertisements or solicitations of business;
(5.) upload the same video more than once;
(6.) offer or provide services whose subject matter is pornographic. The
same applies to sending Emails. Likewise, reference to political
activities, political party meetings, demonstrations, fliers or
petitions, as well as the propagation of political symbols is prohibited.
Furthermore, Contents which insult, belittle, or in other negative ways
affect other users or members are also prohibited. If you violate any of
these restrictions, ClipMoon is authorized to deny or delete your
Content, delete your web-account pages and their links, and/or cancel
your account without prior notice. ClipMoon may do so in its sole
discretion without any obligation to investigate. You will be liable to
ClipMoon for all direct and indirect damages for any violation of the
above mentioned restrictions. You agree to indemnify ClipMoon from all
claims by third party resulting from your violation of the above
restrictions.
5. Usage Rights
ClipMoon grants you a simple, non-negotiable, right to utilize the
offerings and services of the ClipMoon platform. The right to utilize
these services will end upon termination of your account. By providing
ClipMoon with your Content upload, you will be granting ClipMoon a
unlimited license to forth world wide duplication, distribution,
transmission, public reproduction, publication or other similar uses of
the Content from ClipMoon’s platform without compensation to you or any
third party. These unlimited license granted by you to ClipMoon also includes the
distribution of ClipMoon's content and website through one or more
channels. These channels include but are not limited to the following:
1. Online Distribution: via the Clip Moon website distribution.
2. Broadcast Distribution: Broadcast, via cable, satellite and digital
television distributions.
3. Mobile Distribution: Distribution via mobile phones and other
handheld devices.6. Performance Guaranties
ClipMoon represents that all its platform will function properly in all
material respects and that its server will yield a yearly mean of
availability of 98%. Excluded from these guaranties are malfunctions or
other problems caused by conditions beyond ClipMoon’s control (for ex.
forces of nature, fault of third parties, etc), which produce: operating
failure or alterations, modifications, internals or externals, or
require repair or other miscellaneous manipulations. Furthermore,
ClipMoon assumes no liability for and provides no guaranty for the
display of videos. Any problems or error messages should be reported by
email. ClipMoon may reduce or suspend service access as needed to
protect the security of its operation, to perform network integrity
maintenance, and especially to prevent any significant failures of the
network, software or saved data.
7. Third Party Rights
ClipMoon is not liable for your videos or
other miscellaneous Content placed on its platform. You agree to
indemnify and hold ClipMoon harmless from all third party claims for
infringement of rights, in particular copyrights, licences, competition
laws or other miscellaneous trademark laws based on your submitted
Content. This indemnification includes your obligation to compensate
ClipMoon for all attorneys’ fees and costs incurred in any litigation or
other proceeding, as well as for damages arising from infringement. You
agree to assist ClipMoon with its defence of any such claim by providing
ClipMoon with all requested documents and data. ClipMoon will release
you from liability for any third party claims which depend on alleged
infringement of commercial property rights or copyrights if ClipMoon is
at fault for the alleged infringement and you inform ClipMoon in writing
immediately upon learning of any such claims and ClipMoon’s rights to
all technical and legal means of defense and settlement negotiations
have not been compromised in any way. The aforementioned release will
not apply if any third party infringement claims are due to misfeasance
on your part, in particular related to the placement of Content on the
ClipMoon platform by you.
8. Liabilities
ClipMoon shall only be liable for damages caused by a willful or grossly
negligent breach of its promises to you. This limitation of liability
shall also apply to breach of any implied contractual term as well as
for harm and/or consequential harm caused by a defect. In the case of
simple negligence, ClipMoon will only be liable for breach of important
contractual obligations, so-called Cardinal Obligations, where damages
were foreseeable. Furthermore, ClipMoon is liable for damages based on
the product liability law as well as damages resulting due to death,
bodily injury or injury to health. ClipMoon shall be free to raise the
defence of contributory negligence on your part. The preceding
limitations on liability apply not only to ClipMoon but to its legal
representatives and assigns. ClipMoon expressly disclaims any liability
for any website linked to the ClipMoon’s website or any good, services
or content provided thereon. The provider of any linked website shall be
solely responsible therefore.
9. Final Provisions
Should any provision of these Terms of
Use be or subsequently become invalid, illegal or unenforceable, these
Terms of Use shall be deemed amended to delete therefrom the provision
adjudicated invalid, illegal or unenforceable and the validity of the
remaining provisions of these Terms of Use shall not be affected thereby.
However, to the extent possible any provision adjudicated invalid,
illegal or unenforceable shall be replaced with a provision which most
closely provides the intended result of the deleted provision.
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