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1. Scope and Amendments of Terms & Conditions
These terms & conditions govern the use by Clipser AG, Seestrasse 25, CH-8702 Zollikon, Switzerland, of any such content as uploaded by you on the clipser.com website. By checking the applicable box during the upload process, you fully accept and agree with these terms and conditions. .
Please read these terms & conditions carefully before accepting the respective content. .
Clipser AG reserves the right to make any changes and/or amendments to these terms & conditions at any time. Any such changes and/or amendments will be notified to you and shall become applicable and binding (i) unless you expressly dissent within 4 weeks after such notification or (ii) as soon as you upload new content on the website and agree to these terms & conditions. Changes and /or amendments can be notified to you via email or through notifications or links on the relevant sites of Clipser AG. .
2. Approval for TV Broadcast
You are aware and approve that Clipser AG or any third parties mandated or contracted through Clipser AG, may have an interest, but no obligation whatsoever, to broadcast any content prepared and uploaded by you (including collateral material such as text comments etc.) among others with various free or pay-TV stations or to otherwise use and exploit such content, whether commercially or non-commercially.
You herewith explicitly agree in your own name as well as in the name of any third party that may be visible or in any other way featured in the uploaded content that such content can be used in accordance with these terms & conditions.
3. License for Right of Use
3.1 For a duration of 3 YEARS from the date of upload of any content you hereby explicitly grant Clipser AG a non-exclusive royalty free license for the following rights of use:
3.1.1 for Switzerland and the all member states of the European Union as of Januar 1, 2007:
This means, the right to make your content accessible and receivable by the public for unlimited times, through radio or tv broadcast, satellite or cable transmission, via analogue or digital storage or transfer technology, or any similar technical means;
- Right for Public Accessibility
This means the right to make your content accessible, whether by wire transmission or wireless, to the public in such way that any interested person can access the content from its place and at its time of choice; including the storage of your content in electronic databases in order to make it accessible to an unlimited number of persons via digital or other transfer mode systems in such way, that any interested audience can access your content on an individual basis through any technical device also for interactive usage (such as television on demand, video on demand, online, etc.) as well as for public showing and performance.
- Right to Copy and Distribute
This means the right to copy your content on video and/or sound storage medium of any kind and distribute it for non-public broadcast. This right includes all audiovisual systems such as standard film, video tapes, discs, chips, CD-roms, CDi, 3DO, MMCD, SDD, DVD as well as multimedia video and sound recordings, independent of the technical design and devices and the way of utilization, including interactive utilization. The right to copy and distribute single/detail screens is explicitly included.
- Right to Modify and Synchronize
This means the right, while keeping your copyrights, to shorten or divide your content and the respective audio and video sequences and other elements, to interpose or connect advertisement, sponsoring or other content, as well as to make necessary technical changes.
The means the right to use and evaluate your content or parts of your content individually or in combination with content of other users and to use it for commercial purposes, as well as the right to advertise, in ways customary in the industry (e.g., in radio, television, movie theatres, online or print media) your content as well as evaluation.
3.1.2 WORLDWIDE: Such rights for television use and broadcasting as referred to in Section 3.1.1.
3.2 Clipser AG shall have the right to transfer such rights to third parties and to grant sublicenses.
4. Warranty
You represent and warrant, that you have all necessary rights and titles with regard to the uploaded content and that you do not violate any third party rights or any laws or regulations whatsoever. In case you are not the owner of the content, you herby represent and warrant that you have all necessary rights, licenses and approvals from the relevant parties.
5. Applicable Law and Jurisdiction
5.1 This agreement and all other matters between members and Clipser AG shall be governed EXCLUSIVELY BY SWISS LAW.
5.2 For any matters arising out of this agreement the ordinary courts of the Canton of Zurich, Switzerland, shall have jurisdiction.
5.3 If any provisions of terms & conditions as applied to any part or to any circumstance shall be adjudged by a court to be invalid or unenforceable, the same shall in no way affect any other provision, the application of such provision in any other circumstances or the validity or enforceability of these terms & conditions.
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