Terms of Service
Effective as of 1 November 2019.
1. Welcome to Snipedy
Thank you for using our platform. We have set ourselves the goal of creating a better experience when handling and communicating with video content.
1.2 Our Service
The Service offers the opportunity to discover, view and share video clips with the aim of connecting video-savvy people, creating new ways to communicate creative content and providing advertisers with a new distribution channel. It is operated and provided by sagmeister clemens – experience design, Wallgasse 14/36, 1060 Vienna, Austria (referred to as “Snipedy“, “we“, “us” or “our“).
2. Who may use the Service?
2.1 Minimum Age
You can use the Service when you have reached the age of majority in your country. If you are under age, you may not access or use the Service.
2.2 Permission from Parents or Guardians
If you have not yet reached the age of majority in your country, you will need permission from your parents or legal guardian to use the Service. Please read this Agreement together with them.
If you use the Service on behalf of a company or organization, by accepting this Agreement you acknowledge that you are authorized to act on behalf of that company.
3. Using our service
3.1 Contents in the Service
The content in the Service includes online media such as video, audio, graphics, photographs, text (e.g. comments), branding (including trade names, trademarks or logos), interactive features, software, metrics and other materials (collectively, the “Content“), as well as content made available by software from third party platforms (referred to as “Embedded Content“). Users may post or make Content and Embedded Content available within the Service.
3.1.1 General Content
For all content created by users within the Service (such as written comments), Snipedy acts as a provider of hosting services for such content. The Content is the responsibility of the person or entity that provides it to the Service.
3.1.2 Embedded Content
For all Embedded Content used by users within the Service, Snipedy acts as a pure service provider for the transmission of this content. The Embedded Content is the responsibility of the person or entity who originally posted it on the third party platform.
If you see Content that you believe does not comply with this Agreement, for example, because it violates the law, you may report it to us.
3.2 Snipedy Accounts
In some cases, you can also use the service without a Snipedy Account, for example, if you only search for or view Content. However, some features require a Snipedy Account. With a Snipedy account, you can rate video clips (referred to as “Snips“), follow other users, and more. You must create a Snipedy Account if you want to use additional features such as adding Snips, commenting, or saving Snips in a collection.
3.3 Your Data
Subject to this Agreement and applicable laws, you may access and use the Service as provided to you. However, your use of the Service is subject to certain restrictions. Each user of the Service agrees:
- not to access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (i) upon prior authorization by the Service or in this Agreement; or (ii) Snipedy‘s prior written consent and, if applicable, the respective rights holders; or (iii) as permitted by applicable law.
- not to interfere with the Service using technical or electronic means, including but not limited to hacking, brute force attacks, infiltration of viruses, worms, Trojan horses, or other attempts to circumvent, disable, fraudulently use, or otherwise interfere with any functionality of the Service in order to limit the use of the Service or the Content.
- not to use any automated methods, such as crawlers or bots, to access the Service except (i) via public search engines, (ii) with Snipedy’s prior written permission, or (iii) as permitted by applicable law.
- not collect or use any information that might identify a person (e.g., harvesting usernames) unless permitted by that person or allowed under section c. above.
- not to use the Service to spread unwanted or unreasonable harassment (spam).
- not to cause or encourage any inaccurate measurements of genuine user engagement with the Service. This includes, for example, creating incentives for individuals to increase Snip ratings, increase the number of followers, or otherwise manipulate metrics.
- not to use the Service to view Content other than for personal, non-commercial use (for example, by publicly showing the Videos)
- not to use the Service to sell any advertising or sponsorship placed in, or around, the Service or any of its Contents, except with Snipedy’s prior written permission.
- to use the Service only in compliance with applicable law and not for the purpose of unlawful purposes, in particular not to display and distribute Content or Embedded Content with pornographic, racist, vulgar, obscene, defamatory, abusive, hateful, discriminatory or on religion, ethnic origin, race, sexual orientation or age-based prejudice content, and
- provide prompt notice via email to firstname.lastname@example.org of any detected breaches of the aforementioned obligations.
Any right not expressly granted to you in this Agreement shall remain with Snipedy or its respective right holders. This means, for example, that using the Service does not give you any ownership of any intellectual property rights in the content you access. This also applies to brands used or displayed in the Service.
3.6 Changes to the Service
Snipedy reserves the right to modify or discontinue the Service or any part thereof. In most cases, this is done to continually optimize and improve the Service, but also to comply with laws or to prevent illegal activities or abuses. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice.
4. Your content and conduct
4.1 Uploading content
If you have a Snipedy Account, you may be able to create Snips of Embedded Content. You may use this Content to promote your business or artistic activity. If you choose to create Content, you must not submit any Content to the Service that does not comply with this Agreement or the law. In particular, you may not use (i) any Embedded Content that violates copyright law; or (ii) not use or otherwise commercially exploit Snips of you do not have permission from the creators of the Embedded Content.
4.2 Rights Granted by You
Even if you create “new” Snips using Embedded Content and provide them with description texts or similar, the copyright or other intellectual property rights of the Embedded Content remain with the respective owners. Of course, you retain your rights as the author and all existing intellectual property rights to the other Content uploaded by you. However, it is required to grant certain rights to Snipedy and other users of the Service, as described below.
4.2.1 License to Snipedy
By providing and uploading content to the Service and creating Snips, you grant Snipedy the worldwide, non-exclusive, sublicensable, free and transferable, right to use such Content and Snips (including their hosting, public access, duplication, distribution, changes, display and reproduction, in each case in compliance with the moral rights), exclusively for the provision, marketing and improvement of the Service (also by the use of service providers) to the extent necessary in each case.
4.2.2 License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content and Snips through the Service, and to use them (including to reproduce, distribute, modify, display, and perform it, in each case in compliance with the moral rights) only as enabled by a feature of the Service.
4.3 Duration of License
The licenses granted by you continue until the Content is removed as described in 4.4. Once removed, the licenses will terminate, unless you have explicitly allowed the further use of Content after the removal or the law requires otherwise.
4.4 Removing Your Content
Snipedy reserves the right to temporarily or completely remove content created by users or parts thereof. We will notify you of the reason for this and give you the opportunity to correct or remedy the violation, unless we reasonably expect your Content to be (i) in violation of any legal, judicial or regulatory authority or liable to Snipedy could justify (ii) endanger any investigation or integrity of the Service or (iii) harm other users, third parties, Snipedy or our affiliates.
4.5 Removal of content by third parties
Snipedy points out that the control of the Embedded Content remains with the respective right owners. In short, if an owner removes the Embedded Content you are using, it will be removed from your Snip too. In this case, we will notify you and give you an opportunity to fix the problem (for example, by modifying it with alternative Embedded Content).
4.6 Protection from copyrights
If you believe that your copyright has been infringed on the Service and the issue is related to Embedded Content you should contact the content creator or the platform responsible for managing the Embedded Content. Snipedy provides, for example, a link in each snip to the source or operator of the Platform. In case of issues related to all further Contents of the Service, please contact us.
5 Account Suspension and Termination
5.1 Termination by you
You may stop using the Service at any time via your account settings. Termination of use must be confirmed by us.
5.2 Termination and Suspensions by Snipedy for cause
Snipedy reserves the right to suspend or terminate your access, your Snipedy account, or your Snipedy Account’s access to all or any part of the Service for causes, including, but not limited to, gross violations of user’s obligations as described in this document or the documents referenced herein.
5.3 Termination by Snipedy due to changes in the Service
Snipedy may terminate your access or your Snipedy Account’s access to all or part of the Service if Snipedy reasonably believes that providing the Service to you is no longer commercially viable.
5.4 Notice of Termination or Blocking
We will notify you of the reason for termination or suspension by Snipedy, to the extent that the breach of this Agreement or changes to the Service is grounds for termination or suspension. This does not apply if we reasonably believe that this could (i) violate any law or any judicial or regulatory order or create any liability for Snipedy; (ii) endanger any investigation or integrity of the Service or (iii) harm other users, third parties, Snipedy or our affiliates.
5.5 Effects of Account Suspension or Termination
If your Snipedy Account is terminated or your Snipedy’s access to the Service is restricted in any way, you may still be able to access certain features of the Service without an account. This Agreement will continue to apply to such use.
6 Software in our service
6.1 Downloadable Software
If use of the Service requires or includes downloadable software (e.g. Messenger Extensions), depending on your device settings, you agree that such software will be automatically updated on your device as soon as a new version or feature is available. Unless this software is subject to additional terms that provide a license, Snipedy grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive right to use the software that Snipedy provides to you through the Service. This license grants you only permission to use the Service as offered by Snipedy and to take advantage of the benefits of this Agreement. You may not reproduce, modify, distribute, sell or rent any part of the Software. In addition, you may not reverse engineer this software or attempt to extract its source code. Exceptions will only apply if such restrictions are prohibited by law or if you have Snipedy‘s written consent.
6.2 Open Source
Parts of the software used in our Service may be offered under an open source license. An open source license may contain provisions that expressly override some of these terms. In this case, we will make this open source license available to you.
7 Our Warranties and Disclaimers
Except as expressly provided in this Agreement or as required by law, Snipedy assumes no responsibility for the content provided through the Service, for the features of the Service or for its accuracy, reliability, availability or suitability for your purposes, or for the Content you provide on the Service or store there.
7.3 Limitation of Liability
Snipedy shall be liable within the scope of the existing legal provisions, for whatever legal reason (pre-contractual, contractual, extra-contractual) only if a damage caused by Snipedy was caused by gross negligence or intent. In case of slight negligence, Snipedy shall not be liable to businesses consumers for injury to life, body, or health. Snipedy shall not be liable to businesses for follow-on damages, mere pecuniary losses, loss profits, or damages resulting from claims of third parties.
Unless otherwise required by statutory law, neither Snipedy nor any of its affiliates shall be liable for any damages resulting from the use of Content made accessible through the use of the online service, whether online or mobile. This also applies to damages that may result from errors, problems, viruses or loss of data. The disclaimer according to 7.3 applies to the extent permitted by law.
In the case of damages arising from or in any conflicts between users, the injuring user is exclusively liable for any claims of lawsuits of any kind in any way and has to indemnify and hold Snipedy completely harmless in this context. All users acknowledge and accept that Snipedy will not, under any circumstances, be liable for the actions or omissions of any other user, including any damage resulting from such actions or omissions.
7.4 Third Party Content
The Service may contain links to third-party websites and online services that are not owned or controlled by Snipedy. Snipedy has no control over and is not responsible for such websites and online services. Legal transactions between the user and a third party provider, e.g. via linked pages or products, lead to contractual relationships exclusively between the user and the third party provider. Snipedy does not assume any liability for products or services of third parties.
8 About these Terms
8.1 Changes to this Agreement
We reserve the right to modify this Agreement from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service reasons. Snipedy will provide reasonable advance notice of any material modifications to this Agreement and will give you an opportunity to review the changes. However, changes relating to newly available features of the Service or changes made for legal reasons may become effective immediately. Changes will only be effective going forward. If you do not agree to the modified terms, you should remove any Content you created and discontinue your use of the Service.
8.2 Continuation of the Agreement
If you stop using the Service, the following terms of this Agreement will continue to apply to you: “7 Other legal terms” and “8 This Agreement”. The rights granted by you pursuant to point 4.2 shall continue to apply in accordance with point 4.3.
8.3 Severability Clause
In the event that individual provisions of this agreement be or become invalid, the remaining terms and conditions will remain unaffected.
Snipedy may transfer all or part of this Agreement to an affiliate or, if Snipedy is sold, to a third party.
8.5 No waiver
If you do not comply with this Agreement but we do not take immediate action, it does not mean that we waive any rights (such as the right to act in the future).
8.6 Governing Law and Courts
This Agreement and all contractual relations and litigation between the users and Snipedy shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.
This paragraph is not relevant for users who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG).