Terms of Use
1. Your
Acceptance
BY USING
AND/OR VISITING
THIS WEBSITE (collectively, including all Content available through the
clip2go
domain names, the "clip2go Website", or "Website"), YOU
SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of
Service"). If you do not agree to any of these terms, then please do
not
use the clip2go Website.
2. clip2go
Website
These Terms of
Service
apply to all users of the Clip2go Website, including users who are also
contributors of content, information, and other materials or services
on the
Website. The Clip2go Website may contain links to third party websites
that are
not owned or controlled by Clip2go, including video and image content
websites.
Clip2go has no control over, and assumes no responsibility for, the
content,
privacy policies, or practices of any third party websites. In
addition, Clip2go
will not and cannot censor or edit the content of any third-party site.
By
using the Website, you expressly relieve Clip2go from any and all
liability
arising from your use of any third-party website. Accordingly, we
encourage you
to be aware when you leave the Clip2go Website and to read the terms
and
conditions and privacy policy of each other website that you visit.
3. Website
Access
A. Clip2go
hereby grants
you permission to use the Website as set forth in this Terms of
Service,
provided that: (i) your use of the Website as permitted is solely for
your
personal, non-commercial use; (ii) you will not copy or distribute any
part of
the Website in any medium without Clip2go's prior written
authorization; (iii)
you will not alter or modify any part of the Website other than as may
be
reasonably necessary to use the Website for its intended purpose; and
(iv) you
will otherwise comply with the terms and conditions of these Terms of
Service.
B. In order to
access some
features of the Website, you will have to create an account. You may
never use
another person's account without permission. When creating your
account, you
must provide accurate and complete information. You are solely
responsible for
the activity that occurs on your account, and you must keep your
account
password secure. You must notify Clip2go immediately of any breach of
security
or unauthorized use of your account. Although Clip2go will not be
liable for
your losses caused by any unauthorized use of your account, you may be
liable
for the losses of Clip2go or others due to such unauthorized use.
4.
Intellectual Property
Rights
The content on
the Clip2go
Website, except all User Submissions (as defined below), including
without
limitation, the text, software, scripts, graphics, photos, sounds,
music,
videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are
owned by or licensed to Clip2go, subject to copyright and other
intellectual
property rights under Germany, United States and foreign laws and
international
conventions. Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied,
reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise
exploited for any other purposes whatsoever without the prior written
consent
of the respective owners. Clip2go reserves all rights not expressly
granted in
and to the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted
herein, including any use, copying, or distribution of User Submissions
of
third parties obtained through the Website for any commercial purposes.
If you
download or print a copy of the Content for personal use, you must
retain all
copyright and other proprietary notices contained therein. You agree
not to
circumvent, disable or otherwise interfere with security related
features of
the Clip2go Website or features that prevent or restrict use or copying
of any
Content or enforce limitations on use of the Clip2go Website or the
Content
therein.
5. User
Submissions
A. The
Clip2go Website permits the submission of text, photo, video and audio
or other
communications submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions.
You
understand that whether or not such User Submissions are published,
Clip2go
does not guarantee any confidentiality with respect to any submissions.
B. You shall
be solely
responsible for your own User Submissions and the consequences of
posting or
publishing them. In connection with User Submissions, you affirm,
represent,
and/or warrant that: (i) you own or have the necessary licenses,
rights,
consents, and permissions to use and authorize Clip2go to use all
patent,
trademark, trade secret, copyright or other proprietary rights in and
to any
and all User Submissions to enable inclusion and use of the User
Submissions in
the manner contemplated by the Website and these Terms of Service; and
(ii) you
have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name
or
likeness of each and every such identifiable individual person to
enable
inclusion and use of the User Submissions in the manner contemplated by
the
Website and these Terms of Service. You retain all of
your ownership
rights in your User Submissions. However, by submitting
the User
Submissions to Clip2go, you hereby grant Clip2go a worldwide,
non-exclusive,
royalty-free, sublicenseable and transferable license to use,
reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the Clip2go Website and Clip2go's (and
its
successor's) business, including without limitation for promoting and
redistributing part or all of the Clip2go Website (and derivative works
thereof) in any media formats and through any media channels. You also
hereby
grant each user of the Clip2go Website a non-exclusive license to
access your
User Submissions through the Website, and to use, reproduce,
distribute,
prepare derivative works of, display and perform such User Submissions
as
permitted through the functionality of the Website and under these
Terms of
Service. The foregoing license granted by you terminates once you
remove or
delete a User Submission from the Clip2go Website.
C. In
connection
with User Submissions, you further agree that you will not: (i) 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 and to grant Clip2go all of the license rights
granted
herein; (ii) publish falsehoods or misrepresentations that could damage
Clip2go
or any third party; (iii) 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; (iv) post advertisements or solicitations of
business:
(v) impersonate another person. Clip2go does not endorse
any User
Submission or any opinion, recommendation, or advice expressed therein,
and Clip2go
expressly disclaims any and all liability in connection with User
Submissions. Clip2go
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Clip2go will remove
all
Content and User Submissions if properly notified that such Content or
User Submission
infringes on another's intellectual property rights. Clip2go reserves
the right
to remove Content and User Submissions without prior notice. Clip2go
will also
terminate a User's access to its Website, if they are determined to be
a repeat
infringer. A repeat infringer is a User who has been notified of
infringing
activity more than twice and/or has had a User Submission removed from
the
Website more than twice. Clip2go also reserves the right to decide
whether
Content or a User Submission is appropriate and complies with these
Terms of
Service for violations other than copyright infringement and violations
of
intellectual property law, such as, but not limited to, pornography,
obscene and
defamatory material. Clip2go may remove such User Submissions and/or
terminate
a User's access for uploading such material in violation of these Terms
of
Service at any time, without prior notice and at its sole discretion.
D. In
particular, if you
are a copyright owner or an agent thereof and believe that any User
Submission
or other content infringes upon your copyrights, you may submit a
notification
pursuant to the Digital Millennium Copyright Act ("DMCA") to copyright@clip2go.com.
E. You
understand that when
using the Clip2go Website, you will be exposed to User Submissions from
a
variety of sources, and that Clip2go is not responsible for the
accuracy,
usefulness, safety, or intellectual property rights of or relating to
such User
Submissions. You further understand and acknowledge that you may be
exposed to
User Submissions that are inaccurate, offensive, indecent, or
objectionable,
and you agree to waive, and hereby do waive, any legal or equitable
rights or
remedies you have or may have against Clip2go with respect thereto, and
agree
to indemnify and hold Clip2go, its Owners/Operators, affiliates, and/or
licensors, harmless to the fullest extent allowed by law regarding all
matters
related to your use of the site.
F. Clip2go
permits you to
link to materials on the Website for personal, non-commercial purposes
only.
6. Warranty
Disclaimer
YOU AGREE THAT
YOUR USE OF
THE CLIP2GO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED
BY LAW, CLIP2GO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR
USE
THEREOF. CLIP2GO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV)
ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR
OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE
VIA THE CLIP2GO WEBSITE. CLIP2GO DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A
THIRD PARTY THROUGH THE CLIP2GO WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND CLIP2GO WILL NOT BE A PARTY TO
OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation
of Liability
IN NO EVENT
SHALL CLIP2GO,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO
OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF
ANY
KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CLIP2GO WEBSITE,
WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
ORNOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
YOU
SPECIFICALLY
ACKNOWLEDGE THAT CLIP2GO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR
THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT
THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is
controlled
and offered by Clip2go from its facilities in Germany.
Clip2go makes no
representations that the Clip2go Website is appropriate or available
for use in
other locations. Those who access or use the Clip2go Website from other
jurisdictions do so at their own volition and are responsible for
compliance
with local law.
8. Indemnity
You agree to
defend,
indemnify and hold harmless Clip2go, its parent corporation, officers,
directors, employees and agents, from and against any and all claims,
damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but
not limited to attorney's fees) arising from: (i) your use of and
access to the
Clip2go Website; (ii) your violation of any term of these Terms of
Service;
(iii) your violation of any third party right, including without
limitation any
copyright, property, or privacy right; or (iv) any claim that one of
your User
Submissions caused damage to a third party. This defence and
indemnification
obligation will survive these Terms of Service and your use of the
Clip2go
Website.
9. Ability to
Accept Terms
of Service
You affirm
that you are
either more than 18 years of age or possess legal parental or guardian
consent,
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in
these
Terms of Service, and to abide by and comply with these Terms of
Service. In
any case, you affirm that you are over the age of 13, as the Clip2go
Website is
not intended for children under 13.
10. Assignment
These Terms of
Service, and
any rights and licenses granted hereunder, may not be transferred or
assigned
by you, but may be assigned by Clip2go without restriction. |
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