Terms & Conditions
The following Terms and Conditions of Use (the "Agreement") constitutes an agreement between you and Video Clips Ltd ("ViDEO CLiPS"), operator of The ViDEO CLiPS app on iTunes (the "App"). By using the App, you agree to be bound by and accept the terms of this Agreement.
ViDEO CLiPS may alter the terms of this Agreement from time to time with prior notice to you. No alteration of this Agreement by you will be binding upon ViDEO CLiPS except as expressly agreed in writing signed by an authorized agent of ViDEO CLiPS.
Please read this Agreement carefully. This Agreement limits ViDEO CLiPS's liability and may substantively affect your rights.
1) App Content
The App contains video, motion picture footage, photographs and/or other audio, audio-visual or visual works available for licensed use ("Audio-Visual Content") under the terms of ViDEO CLiPS's Royalty Free License. The Audio-Visual Content is property of ViDEO CLiPS's licensors. Submission of works to ViDEO CLiPS for inclusion in the App's Audio-Visual Content is subject to ViDEO CLiPS's Submission Agreement and Grant of License.
Non-Audio-Visual Content on the App is property of ViDEO CLiPS. ViDEO CLiPS makes its best efforts to ensure the accuracy of non-Audio-Visual Content on the App, but makes no warranties or representations, nor shall be liable for any damages arising from, any inaccuracy of non-Audio-Visual Content on the App.
ViDEO CLiPS operates the App as a venue for the licensing of video, motion picture footage, photographs and/or other audio, audio-visual or visual works and other content. ViDEO CLiPS acts solely as a service provider providing storage of materials on its systems or networks at the direction of ViDEO CLiPS's users.
2) Offapp Links
The App may contain links to World Wide Web content which is not a part of the App You agree and acknowledge that ViDEO CLiPS is not responsible for such content.
3) Use of the App
Use of and access to the App is limited by the terms of this Agreement. You agree:
Not to use any robot, spider, scraper or other automated means to access the App for any purpose without ViDEO CLiPS's express written permission.
Not to take any action that imposes, or may impose in ViDEO CLiPS's sole discretion, an unreasonable or disproportionately large load on 'ViDEO CLiPS s servers or other infrastructure or to interfere or attempt to interfere with the proper operation of the App or any activities conducted on the App.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the App, including but not limited to "framing" App content within another website or application, except that you may use Audio-Visual Content validly licensed by ViDEO CLiPS to You under ViDEO CLiPS's Royalty Free License.
To use the App only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the App.
Not to advertise products or services or solicit any user of the App, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email.
4) Termination of Use
ViDEO CLiPS may at its sole discretion terminate or limit your use of the App user account for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in ViDEO CLiPS's sole opinion adversely impacts the operation of the App. ViDEO CLiPS may so terminate or limit your use of the App without prior notice to you. If such termination or limitation is for reasonable cause, ViDEO CLiPS will not be obligated to refund any fees paid by you.
5) Privacy
ViDEO CLiPS does not distribute, sell or rent your personal information to third parties, except as required by law, and uses such information only for the purpose of providing you with services you request. ViDEO CLiPS will make its best efforts to maintain all user information securely. You agree to release and hold harmless ViDEO CLiPS for any damages arising out of any failure of such efforts.
6) Intellectual Property
"ViDEO CLiPS" and www.licensevideoclips.com are trading names for Video Clips Ltd. Non-Audio-Visual Content on the App and App layout are copyright ViDEO CLiPS. The visual appearance of the App is protected trade dress of ViDEO CLiPS under 15 U.S.C. § 1125 et seq. Copyrights in Audio-Visual Content are held by ViDEO CLiPS's licensors.
7) Rights Of Third Party Intellectual Property Owners
ViDEO CLiPS respects the intellectual property rights of others and operates the App in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Owners of intellectual property rights, including but not limited to rights in the nature of trademark or copyright ("Rights Owners"), who believe any Audio-Visual Content infringes their intellectual property rights may submit Notifications of Claimed Infringement pursuant to 17 U.S.C. § 512(c) to ViDEO CLiPS's Designated Agent:
Jens Wikholm
Video Clips Ltd
ViDEO CLiPS
Unit 27 Highbury Studios
8 Hornsey Street
London N7 8EG
UK
jensltd@me.com
8) Services
ViDEO CLiPS may provide services in connection with the App, including but not limited to email notifications, image and content downloading and information publication. ViDEO CLiPS will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless ViDEO CLiPS for any damages arising out of your use of the App, including but not limited to the unavailability, failure or improper operation of services provided in connection with the App.
You may incur fees for using certain services ("Fee-Based Services") provided by ViDEO CLiPS. The fees for Fee-Based Services will be conspicuously posted, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay ViDEO CLiPS all fees charged by ViDEO CLiPS for Fee-Based Services you elect to access.
9) Warranties
ViDEO CLiPS HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE APP.
10) Dispute Resolution
Any dispute arising out of use of the App or this Agreement shall be governed by the laws of England & Wales without regard to its conflict of laws provisions. Nothing in this Agreement shall limit the rights of ViDEO CLiPS to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.
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