Terms of service
The service MediathekSuche is provided by Clipland GmbH. This document describes terms and conditions for using Clipland's web properties, its World Wide Web (www) servers, connected properties and infrastructure and installable applications and explains our copyright policies. If you are not agreeing with the terms explained here, we can't allow you access to or use of our services and we can't accept your registration as user.THESE GENERAL TERMS OF USE ("TERMS"), WHICH ARE GOVERNED BY GERMAN LAW, SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE "CLIPLAND.COM" (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE CLIPLAND.COM WEBSITE, THE "WEBSITE"), AND ANY NON-WEBSITE BUT RELATED SERVICE OFFERING (COLLECTIVELY ALL APPLICATIONS AND USABLE EXTENSIONS) PUBLISHED BY CLIPLAND GMBH. BY ACCESSING/VISITING OR USING THE WEBSITE IN ACCORDANCE WITH THE TERMS SET OUT BELOW (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF CLIPLAND GMBH INCLUDING BUT NOT LIMITED TO, CLIPLAND's PRIVACY POLICY. IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO CLIPLAND THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.
Description of the Website
Clipland is a database of metadata about visual content (called Clipland Catalog) and a free video hosting website which enables users to access, view, upload, share and comment on their personal videos. While users are allowed unlimited storage space (unless otherwise notified by e-mail), the size of each video is limited to 2 GB and 60 minutes for bandwidth cost control reasons. Since the Website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.Your intellectual property rights
If you have registered and have a Clipland account pursuant to which you upload video files you create, including comments on videos, your nickname and your avatar (“Your Content”), Clipland does not own Your Content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. mobile phones), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorise us to reproduce/ display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content - are not protected against the risks of misappropriation and/ or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.Other users' intellectual property rights
Other users of the Website have provided other content subject to the Terms and other notices and policies set forth on the Website. You may access other users' content solely:for your information and personal use;
as intended through the normal functionality of the Website; and
for Streaming.
"Streaming" means a digital transmission of an audiovisual work via the Internet from the Website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user's content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user's content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.
Our intellectual property rights
The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users' content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the "Clipland Content"), is the exclusive property of Clipland GmbH and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Clipland Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Clipland GmbH or Clipland's licensors. You agree to not use or exploit the Clipland Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Clipland Content. All rights not expressly granted in the Terms are reserved to Clipland GmbH and its licensors. We can (but do not have to) remove, block, edit or modify any content in our sole discretion at any time, without notice to you and for any reason or for no reason at all. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy applicable laws or protect the rights, property or safety of us, our users and the public.Our liability as host
We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the Prohibited Content section 5.1, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to Personal Data, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.Prohibited content
Clipland has established a visible and easily accessible means of allowing anyone to notify it of dissemination via the Website of the following content:- child pornography;
- dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse);
- unlawful, obscene, defamatory or libelous material; or
- any sexually explicit content (including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia).
To this end, a special form is available upon clicking this video may link, which is situated beneath each Player, titled "report this video" or "flag this video". You may also send a detailed letter to our Prohibited Content department at Clipland GmbH, Postbox 110146, 47141 Duisburg, Germany, specifying the date, your name, the URL address of the content in question, a description of the content in question, and the username of the person who uploaded it. You may also send an email to contact\@clipland.com. Upon receipt by Clipland of notice of the aforementioned violations, the content in question will be reviewed and may be removed from the Website. Additionally appropriate authorities may be notified.
Your liability as user
As a supplier of content on the Website, including videos, comments on videos, your nickname and your avatar (small picture back to your user profile), you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website (i) does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/ or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).By uploading or disseminating images to us through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/ or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions will result in Your Content being removed as set out in paragraph 5 and/ or your account being deactivated without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/ or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content. A "flag this video" link appears next to each Player in order to allow misuse to be reported by other users, should this be necessary.
Acceptable Use
As a condition of your use of the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable laws. You agree not to, and shall not allow anyone else to, submit any content or otherwise take any action that (i) infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity, (ii) is unlawful, harmful, fraudulent, deceptive, abusive, threatening, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iii) impersonates any person or entity, (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program, (vi) uses any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Services, (vii) attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services, (viii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure (also see section on allowed server usage), (ix) interfere or attempt to interfere with the security or proper working of the Services, or (x) otherwise take any action in violation of our guidelines and policies.Registration and access
In order to use some of our services, you must set up an account using the online registration form. You are free to review, modify and delete the Personal Data you provide at any time. Registration on our website, and creating a login, is demonstration of your consent to share some of your private data with us in line with the General Data Protection Regulation (GDPR, DSGVO) in effect across the European Union. Upon validating the form, you will receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.Availability of the Website
In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.Proof, retention and storage
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent, videos downloaded and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.Allowed servers usage
The purpose of this document it to explain our actions in protecting the resources of our www servers. Systems (described below) which cause additional and/or unnecessary strain on our servers are strongly discouraged and users and/or sites that do not follow these guidelines may be banned from using the site.Please try to follow the rules, as it will provide for speedier use of the site for everyone. Many of the systems (described below) can cause other users to be unable to access our site so these measures are taken to help our users in general. The following terms and conditions relate to usage of our www services this page be read in conjunction with our Copyright notice and general terms. The list should not be considered comprehensive or final, we reserve the right to alter it at any time.
automated requests
Robots and crawlers need to follow the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots/robots.html). Robots that ignore the guidelines are easily detected and banned.It is not permitted to copy parts of the website or the service in whole using offline-browsing software (like HTTrack, Offline Explorer and similar) or custom robots for uses other than websearch. Copying clipland in any form requires written permission from Clipland GmbH. filtering
graphics, sounds and videos
Written permission is required before Clipland graphics, sound or videos can be placed on external sites. This includes copying the graphics, sounds or videos and serving them from our site. A subset of the Clipland graphics are available for linking purposes; those do not require written permission if used in accordance with the conditions of linking. republishingSee the copyright and license paragraph for details on republishing parts of the database.
Privacy policy
Please understand that our service can't be used completely anonymous. We set cookies and keep server logs to run our service. Additionally, displaying advertisements, or links to partnering companies, may be used by these companies to gather usage-data. We have only limited control about the policy of these partners. Note that we adhere to a user consent policy and ask for your permission to store any data you may provide. We also adhere to the policies established by and regulated in the General Data Protection Regulation (GDPR, DSGVO) in effect across the European Union.Data related to your user account remains private. We do not share your information with third parties unless law requires us to do so. Apart from that, most material you enter or upload to MediathekSuche will be displayed in public areas of this service. So take extra care when you upload or enter material to make sure you don't leak information you want to retain.
Cookies
This site uses cookies in some areas. Foremost to faciliate a login feature, and sometimes to track or improve selected areas or services of our website. Apart from login data, which may be personalized, data sourcing on our website is always anonymous. Third party vendors on the other hand, including our advertising and advertising technology partners, like Google, use cookies to serve ads based on a user's prior visits to this or other websites, so called Third-Party Cookies. These advertising cookies enable third parties to serve ads based on a user's thematic preferences gathered on this site and on the Internet. Users may opt out of personalized advertising by disabling cookies, setting a browser's Do Not Track settings or other means. More information can be found on sites like www.aboutads.info. The advent of the General Data Protection Regulation (GDPR) across the EU has updated restrictions in this domain. So please review third-party regulations and use improved opt-out options if you prefer to do so.Email addresses
User may contact Clipland via E-mail. We do not collect E-mail addresses for advertising purposes. Capture of email addresses featured in Clipland pages for use in unsolicited email activities is not permitted.Persistent tokens
Not primarily website based service offerings, like our mobile or embedded application, may use persistent tokens or other means of uniquely identifying a single installation of our software and/or to faciliate a user's authentication via login as part of session authorization. Due to the nature of installed apps, these sessions may run for long periods and persistent tokens from Oauth2 or a similar login scheme usually persist on a device. This is similar to Cookies but usually can't be opted-out of. If you are concerned about these mechanisms, please do not use these applications. You can't use our installed applications without your consent to these persistent storage mechanisms.Usage data collection
Like most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, user agent (browser) type and language, IP geolocation, referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer our service, to learn about user behavior on the site or interaction with outr applications, to improve our product and services, and to gather demographic information about our user base as a whole. Clipland may use this information in marketing and advertising services. We do this on a fully anonymous level. We do not link usage data to persons or names. Data we store to faciliate logins is never connected with usage data. Any case where usage data could be linked to an individual is unintended from our side and accidental. As a user you must be aware of the possibility anyways, and you waive us free of any liability or compensation on your end that may be caused by such data traces, your data traces.In order to execute data collection and usage analysis, we may, at times, rely on third-party services. This leads to your anonymous usage patterns being shared with a third party. Although we strive to select trusted and quality partners, we ultimately have only limited control about the policy of these partners. Your continued usage of our site, services and installable applications documents your consent with our policies regarding this matter and your consent to this data share. If you are concerned about this practice, you may contact us and we will report which, if any, third party services are currently employed to help us analyze usage data.
In cases where our service is a web-app, an installable app or a game, these additional detailed terms apply: The service may collect user data which you generate though or provide to us by providing contact information within the service, such as nickname and email address, your communication with service-support or by automatic means via your use of a service, like your interaction with the app, your game progress, game or gameplay data or your interactions with other users or players inside the service. Collected data may be data about your device, such as device name, model and operating system, screen resolution, browser type, country, language settings, geo-location, internet provider, cellular net operator, network type, your IP or MAC address and in case of installable apps, mobile device identifiers, our device ID, advertising ID or IMEI. In cases where communication with a third party is involved, we may obtaine data through third parties, such as your social network ID, application store ID (Google Play Store, App Store), social network name, email, and friends list obtained from social accounts (Facebook, Google, VK etc.). Obtained data is processed for operating and improving our services and is treated in accordance with EU and German law. In cases where collected data is meant to be connected in parts with user accounts, we strive to design such cases in a transparent manner or design processes in such a way that intended user action is required to do so.
Usage of external libraries and CDNs
At Clipland, as part of our service offerings, we try to serve as much elements as possible from owned infratructure. Yet, in parts, it makes sense to embed external resources, components or libraries (like fonts) and/or using content delivery networks (CDNs) to serve such elements. Although we strive to select trusted and quality partners, we ultimately have only limited insight into and control about the conduct of business and data protection policies of these partners. Technically it's possible, that a request of an embedded external resource from an external third party service or via a CDN leaks information about your request, context URI, etc. If or if any external resources are embedded into a page can be checked by looking at the source-code of any HTML page or by observing which resources are requested as part of a page request. Your continued usage of our site, services and installable applications documents your consent with our technical design-decisions regarding this matter. You are free to block third party resources, but we ask you to understand, that this may break the viewed service/content. Component licenses are usually stated where a component is linked.Additional Terms for installable Services and Applications
Clipland's web, service and game presences on different platforms and devices (namely on social media, web platforms and in the form of mobile or embedded device applications, "apps") are an extension of services offered by Clipland on its website and as such are governed by the terms of use of our website as much as the website itself. That means that these services and apps are offered for information and entertainment purposes only, without any guarantee or liability and with limitations already stated.The software we make available to access our services is considered part of our services and subject to the terms and restrictions herein. Any third party code that may be incorporated in such software is covered by the applicable open source or third party end user license agreement, if any, authorizing use of such code. Some third party code may be licensed under a GPL or similar type license, and such software is not subject to the restrictions on reverse engineering set forth herein.
On mobile devices there may be additional data charges for data that is initiated by our services or applications. The user is held responsible to configure the display device accordingly and be aware of mobile data usage fees or any other data traffic charges that may apply. Clipland is in large parts dedicated to streaming video which is usually a data intensive application and may require adjusting the network configuration of a device to prevent unecessary data transfers or accidental data charges.
Applications owned by Clipland GmbH are protected by copyright. All rights reserved. This said, we hereby grant license for display in context of a journalistic review or demonstration of a private person. This way it is granted to show the application or game, feature it in "Let's Play" or similar videos and use or play it as part of a live-stream. Limitation is that such a display's intent isn't simply to release, in total, the whole content of the app or game. In doubt, please contact us first.
In-App Advertising
Commercial advertising in our applications is displayed in accordance with legislation established by the European Union. This means our ad display is in accordance with rulings of the General Data Protection Regulation (GDPR) and fulfills criteria of similar programmes like the Children's Online Privacy Protection Act (COPPA). In order to prevent users from granting permission in error, we do not ask users for consent to use their data for tailored ads on app startup. Instead, our apps default to show ads in an anonymous mode and limited to content suitable for all audiences. This mode of ad display does not require your consent. Some of our apps enable users to review this strictly limited ad delivery mode and allow users to grant additional data usage rights or a wider range of ad content, in order to help us generate higher advertising revenues and to support our work. But this is optional and always voluntarily.For the display of advertising, we use IAB Europe certified third-party ad technology vendors. Depending on settings within an app, the purchase status of an app or a user's data usage and collection consent decisions, we show personalized adverts, non-personalized ads or no ads at all. In case adverts are shown, even for the display of non-personalized ads only, the ad systems will set cookies. Although non-personalised ads don't use cookies or mobile ad identifiers for ad targeting, they do still use cookies or mobile ad identifiers for frequency capping, aggregated ad reporting and to combat fraud and abuse. Further, the used third-party ad technology usually gathers rudimentary data as part of its service. The data collected is IP address, which is used to estimate the general location of a device, basic user interactions with an app, diagnostic information such as crash logs and device and account identifiers such as advertising (ad) ID, app set ID or device ID. All of the user data is encrypted in transit. In order to use our apps you agree to these terms.
In-App Purchases
Depending on service or application, you may purchase, with real currency, a limited, personal, non-transferable, non-sublicensable, revocable license to use or virtually own so called "Virtual goods" such as "virtual currency", "virtual in-game items" or other goods or services. You are only allowed to purchase virtual goods from us or our authorised partners through our service, all other means are prohibited unless stated otherwise. All purchase transactions are handled by third-party e-commerce payment providers. By purchasing anything as part of a service, you agree to the third-party payment providers' Terms of Use. Further, you agree to obtain no ownership or other possession in any of the virtual goods you purchase a license for. Virtual goods do not have monetary value and cannot be redeemed for any real world currency. You agree that all prices and sales of virtual goods are final and you can't obtain any refunds for purchasing the use-license except as expressly authorized by us. Clipland reserves the right to change or limit the price, availability or order quantity of any purchasable item as well as regulate, manage, modify or delete virtual goods with or without prior notification. Clipland shall have no liability to you or any third party in the event that we decide to exercise any such rights.Updates & modification
Clipland reserves the rights to modify, change, update or remove any parts of offered services, such as features, specifications, virtual goods, virtual in-game or in-app items and any other trait of the service with or without prior notice or liability to you. You acknowledge and agree that Clipland may without additional user notice or by your continued use require you to accept and download updates of our services. You also acknowledge and agree that we may introduce automatic updates and/or modifications to the service which may be applied without manual install, with or without additional notice to you.Legal Notices and Attributions for Android and iOS Apps
Clipland's Android and iOS applications use a number of open-source technologies and libraries that require separate attribution. This section lists these components: Apache Cordova and Cordova Plugins, https://cordova.apache.org/, Apache License, Version 2.0, http://www.apache.org/licenses/LICENSE-2.0 Google ExoPlayer, https://github.com/google/ExoPlayer, Apache License, Version 2.0, http://www.apache.org/licenses/LICENSE-2.0 jQuery, https://jquery.org/, MIT License, https://tldrlegal.com/license/mit-license mustache.js, https://github.com/janl/mustache.js, MIT License, https://tldrlegal.com/license/mit-license noUiSlider, https://github.com/leongersen/noUiSlider, MIT License, https://tldrlegal.com/license/mit-licenseShipping & Packaging
Clipland is registered with Germany's LUCID Packaging Register as required by German VerpackungsG. This way we fulfill our legal obligations of reducing the impact of packaging waste on the environment in Germany. For international shippings, Clipland similarly abides to local regulations. For regions where we can't do so, Clipland uses a returnable container. In this case, our customers must agree to return our reusable packaging at the time of placing an order.Please read the above carefully. If you are reading this page and think that you should speak to us, please contact the Clipland Help Desk so that we can look into this matter as quickly as possible. Please include details of the browser and operating system you are using, along with any other details you think might be of help to resolve your specific issue.
DISCLAIMER
The compiler of this document has attempted to make every reasonable effort to ensure that any information contained herein is accurate and complete. However, the compiler is unable to assume responsibility, legal or otherwise, for any inaccuracies, errors, or omissions relating to the information contained below. All of the information contained in this document is believed by its compiler to be held in the public domain. The compiler is not affiliated with any of the companies whose products are mentioned here, nor does he necessarily endorse these products. All statements about such products are for informational use only. Trademarks are indicated by (tm) where applicable, and are used here without the permission of their owners. In some countrys linking to pages with illegal content or pages with links to illegal content can be a crime. The compiler of this document and this service (Clipland.com) wants to state that every effort has been made to ensure that no illegal or unlawful contents or comparable contents are shown as part of one of Clipland's pages. Clipland can not guarantee for the contents of non-Clipland pages. Our liability ends with leaving our pages through links.This service is provided for the information of users only. It is not provided with the intention that users rely upon the information for any purposes. Accordingly, Clipland shall under no circumstances be liable for any loss or damage, including but not limited to loss of profits, goodwill or indirect or consequential loss arising out of any use of or inaccuracies in the information. All warranties express or implied are excluded to the fullest extent permissible by law.
Duisburg in March 2023