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Terms of Use

General

Welcome to cityclipps.com.  This site is operated by Clipps AG, Stefan-George-Ring 75, 81929 Munich / Germany. Under URL "http://cityclipps.com" and other top level domains such as „http://cityclipps.de“or "http://cityclipps.fr" (hereinafter collectively referred to as “cityclipps.com“) cityclipps.com provides information (at this time texts, photographs and video clips) on international travel destinations. Cityclipps.com is a platform for the distribution of professionally made video clips and enables users to see these video clips and information on travel destinations. This document is a translation of “Nutzungsbedingungen für cityclipps.com” and is made available for your convenience only. In case of conflict between the German original and its English translation, the German text shall prevail and be the only binding one. You may consult the German original at any time here.

1.       Scope of Agreement / Modifications

1.1     These General Terms and Conditions (hereinafter referred to as "Terms of Use") govern your (hereinafter referred to as "you" or "the user") rights and responsibilities when using the services offered by Clipps AG (hereinafter referred to as "Clipps") under www.cityclipps.com ("cityclipps.com"), particularly with regard to delivery of content.  When registering with cityclipps.com you are assumed to have explicitly agreed to these Terms of Use.  The Terms of Use are available for consultation at cityclipps.com.

1.2     Clipps is entitled to modify or extend these Terms of Use at any time for future effectiveness. The current version of these Terms of Use can be consulted at any time under "http://cityclipps.com/en/terms_of_use.html". You are accepting such modifications by your registration and by renewed access to the service, respectively.  If you disagree with or object to the new Terms of Use, Clipps is entitled to cancel your contract or your access to its services at the point in time when the additions to the Terms of Use become valid. 

2.       Services/User Policy

2.1     Cityclipps.com is a platform for distribution of travel-related images, video clips and content (hereinafter referred to as "Content").  The services provided by cityclipps.com include the option to comment, rate, add and correct any content such as images, videos and texts and to make such comments publicly available.  Users can contact Clipps with the intent of offering their own videos for distribution on cityclipps.com (“Be a video guide“).

2.2     Clipps provides all services for private use exclusively, and not for commercial use.  With your registration you agree to use these services for private purposes only.

3.       Access and Registration

3.1     Before using the cityclipps.com services (add, correct, comment, rate, etc.) you must register with cityclipps.com and you require a cityclipps username and password. Cityclipps.com services can be used only by people who are at least 18 years old.

3.2     When registering with cityclipps.com, you are obliged to provide correct and complete information to cityclipps.com and to keep this information up to date.

3.3     You are required to keep your cityclipps.com password secret.  If you have suspicion that a third party is wrongfully using your cityclipps username and password, you are obliged to communicate details to the cityclipps user service under www.cityclipps.com/en/contact.html without delay.

4.        Requirements Concerning Contents and Responsibility

4.1     Clipps or a third party service provider store the images, videos and other material (collectively the "content") that you have provided, or provides access only to stored contents, respectively. 

4.2     The user is responsible for Content provided by him or her and warrants that such Content is either not protected by copyright or that he/she is the original owner of all copyright, such as the intellectual property, brand names or legal rights of use, and that he/she can freely use and dispose of the material.  You undertake that content provided by you is in compliance with these Terms of Use and within the law. No rights whatsoever of any third parties must be violated by any Content provided by the user.  Content which is racist, threatening or glorifying violence, obscene, pornographic, potentially causing hatred or in any way abusive is not permitted. Statements of fact are to be verifiable, true and up-to-date. 

4.3     Users are not allowed to provide Content for commercial purposes or spread any political or ideological views or solicit such views (in particular by forming an assembly, conducting signature campaigns or depicting political symbols). Users may not organize or apply for any competition, lottery, raffle or similar with regard to the contents.

4.4     The services of cityclipps.com are not to be used for any other purpose then those provided and explicitly authorised by Clipps. The "share this video" function may not be used for sending obviously unwanted mails to third parties or sending mass mails ("spamming").

4.5     Users are responsible to ensure that their content is free of viruses, worms, trojans or other programs that could endanger or hinder the functionality, services or substance of Clipps, or the websites of other users.

4.6     If any Content gives rise to complaints, in particular for violating the law or these Terms of Use, Clipps may remove or replace immediately any such Content, block access to this Content or replace Content without warning. Clipps is not required to inform the user of such action.

4.7     Clipps is entitled but not obliged to verify compliance of the Content with contractual agreements. Clipps is not responsible in journalistic or legal terms for user generated Content.

5.       Deletion of Content/Information on Law Infringement

Given the substantial amount of daily Content contributions, Clipps is unable to verify all Content immediately.  Should any Content infringe against copyright or against other any other right, please notify us immediately by email under abuse@cityclipps.com.  Please specify in your e-mail the Content in question and the reason for complaint so that we can trace it.

6.       Use of Videos

Graphics, logos, trademarks and video clips on cityclipps.com are protected by copyright laws and can be used and distributed only within the scope of the services provided by cityclipps.com. Users are not allowed to permanently store, shorten or manipulate video clips in any way. The manipulation or elimination of the cityclipps logo is not allowed.

7.       Advertising/Utilization of Contents/Rights

7.1     Clipps has the right to place advertising around the provided Content, and to make use of the Content for advertising purposes and other promotional activities.  The user hereby declares explicit agreement.

7.2     When uploading Content, the user transfers to Clipps and any companies affiliated with Clipps AG the non-exclusive, worldwide right, free of any commission, to use the Content provided by the user within the scope of the services provided by cityclipps.com and agree to allow other users to access and use the Content. Clipps may use and modify such Content for its own purpose, create links to such Content and adapt it to the web style format.

7.3     Clipps has full discretionary power to decide whether and how Content is used, modified or adapted within the scope of its services. 

8.       Term of User Permission, Termination

8.1     The use of cityclipps.com web services is not limited in time. The user can cancel participation at any time by sending an email to unsubscribe@cityclipps.com, from the email account used for registration.

8.2     Clipps is entitled to terminate user access if the user is in breach of these Terms of Use, or has not made use of the services for a period of more than six months.

8.3     Clipps has the right to terminate its services or parts thereof at any time and without any prior notice. 

8.4     If Clipps has terminated the access rights of a user account, Content provided by that user may be deleted.

9.       Guarantee of rights and exemption

The user indemnifies and holds Clipps and all businesses associated with Clipps AG harmless from and against any and all losses, damages and claims of any third parties which Clipps or the businesses associated with Clipps AG incur on the basis of or in connection with a breach of contract or on the basis of, respectively in connection with, the Content provided by the user.  Refundable costs include reasonable legal fees which Clipps may incur in the course of enforcing the rights allocated to Clipps and in defence against any claims of any third parties.

10.     Availability of the Services

You hereby acknowledge that Clipps neither explicitly nor implicitly warrants or guarantees technically flawless, uninterrupted accessibility and/or availability at all times of the services offered by Clipps under cityclipps.com, particularly not with regard to any available Content or any parts thereof or their usability for any specific purpose.

11.     Liability/Limitation of Liability

11.1   Clipps excludes any liability towards the user for any failure on the part of online services which occur due to disturbances in the communication networks of other operators, computer downtime at the internet providers or online services, incomplete and/or not updated offers from so-called proxy servers of commercial and non-commercial providers and online services, force majeure (act of God), strikes, legal or administrative provisions or any other circumstances that are beyond the sphere of influence of Clipps.

11.2   Notwithstanding the above, Clipps and the businesses associated with Clipps AG are liable in cases of intent or gross negligence as well as in cases of culpable or less than gross negligent breaches of crucial contractual obligations (so-called cardinal obligations) to restitution of damages.  Insofar as damages are not the result of gross negligence by Clipps or any businesses associated with them, or their legal representatives or their executive staff, liability is limited to the restitution of the typically foreseeable damages.  Liability obligations for any harm to life, body or health remain unaffected, just as well as any claims within the context of the product liability act and/or the producer liability.

11.3   Any claims for compensation against Clipps or their associated businesses, their legal representatives and/or executive staff expire 12 months after their occurrence.  This does not pertain to any claims that are based upon a wilfully and knowingly performed act or an illegal act, or claims that are covered by any liability under the product liability act and/or the producer liability.

11.4   Comparative negligence of the user will be taken into account.                  

12.     Data Protection/Privacy

Cityclipps.com’s privacy policy under cityclipps.com/en/privacy_policy will apply, which you are hereby acknowledging.

13.     Applicable Law / Place of Jurisdiction

Thes Terms of Use shall be governed by the laws of the Federal Republic of Germany (with the exception of the German international private law and the UN Convention of Contracts for the International Sale of Goods (CISG)).  Place of performance is Munich / Germany.  Exclusive place of jurisdiction, as far as admissible, is Munich/ Germany.

14.     Severability

If any provisions of this terms and conditions are held invalid, such invalidity shall not affect the validity of the other provisions of this contract.  The invalid provision shall be replaced by any legal provision which comes closest to the meaning of the invalid provision.  The same is valid in case any gaps occur which need covering.