Share your videos with the world

Terms of Use

September 15, 2013

1. General

ClipMoon is a video sharing, video hosting and video community service. 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. You are responsible to check these Terms of Use on a regularly basis . You may reject any modification or amendment to these Terms of Use and if you chose to do so ClipMoon shall have the right to cancel your account with it, or your access to its website. 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 watch, vote and comment videos.
Basic account: This service costs a one time activation fee 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, create favorite lists and send emails to other users through the internal email system.
Basic account features: Each user is permitted unlimited storage space for uploading videos. The Max. allowed file size for video uploads is 100MB and the Max. allowed video length for uploads is 10 minutes.
Basic account limits: The user is not allowed to direct download videos and other content from ClipMoon to his computer. Videos which were uploaded by Basic users and which were not watched for a time period of 90 days or longer, may be removed from ClipMoon without prior notice.
This account type is only for private usage. If you use your account in any business related way, you are required to upgrade to a premium account.
Once you have paid for your Basic Account activation, the fee is NOT refundable. ClipMoon also reserves the right to close accounts, which are shared with other people or otherwise violate our Terms of Use, without a refund.
Premium account: This service costs a monthly, 3 monthly or yearly fee, which the user can see on the "Premium" page after login to his account. The fee has to be paid monthly, 3 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 (For technical reasons there may occur problems for uploading and converting videos greater than 1 GB. We are NOT responsible for such problems. It is recommended to compress the video to a size under 1 GB before the video gets uploaded to ClipMoon. Anyway all videos on our server will be compressed after upload.) 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. Videos which are greater than 100MB or longer than 10 minutes, may be removed from ClipMoon 7 days upon premium account expiration, if the premium account was not renewed within these 7 days, without further notice. You are free to upload those videos again after renewing your premium account.
Before you purchase a ClipMoon premium account, you agree to check if ClipMoon’s video upload speed, video download (streaming) speed and all other service features fit your needs.
By purchasing a ClipMoon premium account, you agree that the premium account fee is NOT refundable.
ClipMoon also reserves the right to close premium accounts, which are shared with other people or violates these Terms of Use, without a refund.

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," "automated video upload systems," "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.) submit TV records (series, shows, movies, musicvideos etc.) without permission of the TV station; (7.) use ClipMoon as a backup space for your video files; (8.) 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 does not give any performance, functionality or availability guaranties. Furthermore, ClipMoon assumes no liability for and provides no guaranty for the display of videos. You have no claim on availability of your videos or ClipMoon’s other service. Any problems or error messages should be reported by email. ClipMoon is not a video backup space service. You are uploading your video at your own risk. 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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