TERMS OF USE AND PRIVACY POLICY FOR CLIPTOMIZE

These terms of use are effective as of May 1st, 2013.

Welcome to Cliptomize!

Summary:

These Terms describes the terms and conditions for use of the service Cliptomize - please read them carefully.

The Cliptomize service and content submitted by other people to Cliptomize is protected by copyright - please respect it as others shall respect your copyright. We do NOT claim copyright or any extensive grant of license to your content, photos etc.

All we ask for is a license that allows us to run the Cliptomize service as it is intended. We also respect your privacy and in general we do not share information about you with any third party. Your use of Cliptomize does not impose any responsibility or liability on us - we merely provide a service for your convenience.

The full text of the Terms and Conditions prevails this summery.

Please read these terms of use for Cliptomize (the "Terms") carefully before using the services provided by us on the website and in our mobile app. The Terms set forth the legally binding terms and conditions for the use of the website www.cliptomize.com (the "Website") and mobile app Cliptomize (the "App") (together "Cliptomize") which may be downloaded through the Apple iTunes App Store, both provided by the limited liability company Vision Me ApS ("we" or "us") which is incorporated and exists under the laws of Denmark. If you have any questions to the Terms of use, please contact us.

Your signing up for a user account or other use of Cliptomize is deemed to form your acceptance to be bound by these Terms and other terms or guidelines which shall be deemed incorporated by name of reference.

If you cannot accept the Terms or any other rules, guidelines or policies as may be imposed on you as user of Cliptomize, you must immediately stop using Cliptomize and all related services we provide.

WHAT IS CLIPTOMIZE?

Cliptomize is an online service developed in Denmark by Vision Me ApS. It allows users of the service to create their own online books called clipbooks. Users will create clipbooks using their own photos, graphic elements, texts and videos from YouTube and Vimeo. Furthermore, users can find pictures, cliparts, wallpapers and backgrounds and graphics in the free, online Cliptomize catalog.

Cliptomize users can follow other users' clipbooks. Clipbooks that users choose to make public can be commented on and shared directly on http://cliptomize.com and via links and through social sharing platforms like Facebook.

Cliptomize is owned by the Danish company Vision Me Aps and is developed in 2012/2013.

USING CLIPTOMIZE

You may use Cliptomize only in compliance with these Terms and all applicable laws. When you sign up for Cliptomize, you must provide us with accurate and complete information as we ask for. If you act on behalf of a company, organization or other legal entity, you hereby accept that you act as the legal entity and you warrant that you represent and may legally bind the legal entity and that you are authorized to grant all licenses provided in these Terms.

As the use of Cliptomize may include downloading software to your computer or apps to your mobile device, you agree that we may automatically update such software and apps and that these Terms will apply to all upgraded versions too.

Subject to these Terms, we hereby grant you a limited, non-exclusive, non-transferable and freely revocable license to use Cliptomize as we provide it and other related services found on our Website or in our App. The license includes a right to download a copy of the App and use it as intended and the license is subject to the restrictions as set out during these Terms.

You are not allowed to sell or in other ways commercially distribute content and clipbooks made by the use of Cliptomize unless you acquire an explicit license to such use. Also, you are not allowed to commercially directly or indirectly print any content created or made by the use of Cliptomize unless you acquire an explicit license to such use.

YOUR CONTENT

Submission of content and grant of license to Cliptomize

By submitting content to Cliptomize, you undertake to be responsible for all such content, including its legality. By submitting content, you warrant that the content is yours or that you have the right to use it and grant us the rights as set out in these Terms.

We explicitly do not accept content on Cliptomize that is; pornographic or sexual (also including any kind of photos, drawings, animations etc. showing nudity or in general having an adult nature), racially offensive, discriminating towards individuals or minorities, illegal, violently, violating the law in your home jurisdiction or material or content that we in any other way may find inappropriate for Cliptomize.

You retain any and all of your rights to submitted content, including full ownership, and you are solely responsible for protecting any such rights. Your ownership includes both the content you upload to Cliptomize and the content you generate within the Cliptomize service. We do thus NOT claim ANY ownership rights in the content, including text, images, photos, video, sounds or any other materials that you upload or submit to the Cliptomize service. We do however need you to grant us a license to your content in order for Cliptomize to work as intended without violating copyright and other laws by storing, posting, displaying, backing up and allowing the download of such content through our Website or App.

By submitting content, including your name/username/avatar to the Website or the App, you thus thereby grant Vision Me ApS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully paid limited license right to exercise any and all copyright, (including the right to sublicense) you or your licensor have in the content, in any media and through any platform and application known now or in the future. The granted license includes the right to use, modify, publicly perform, publicly display, reproduce, distribute and translate such content through Cliptomize and our related services, hereunder make the content available to other users of Cliptomize and users of other social media platforms where a user choose to share a post or a clipbook or other content uploaded to Cliptomize, all in relation to provide the services included in Cliptomize now or in the future.

The license also includes the right for Cliptomize to use your name and logo and other of your trademarks, your content and Clipbooks as submitted or created by you on the Website on in the App in general marketing and promotional material for the sole purpose of listing you as reference and user of Cliptomize and showing examples of Clipbooks. Such general marketing may also include e-mails, promotions via e-mails, on the Website or in the App, any other means etc. All use of names and trademarks in accordance with this provision shall be performed in a loyal way.

Regardless of the above granted license, you may at any time delete or remove submitted content whereby the granted license to us ceases for new future use. By future use is meant new campaigns etc., but already initiated use may continue. Please also be aware that not all content may be removed by use of the user functionalities in Cliptomize and that the granted license for such content is perpetual in accordance with the above granted license

You may choose to make your Clipbooks and collections either "private" or "public". If you make your content public, other users and non-registered users may access such content through the Cliptomize and other users may share your Clipbooks on social services such as Facebook etc.

Indemnification of Vision Me ApS

By accepting the Terms, you accept to indemnify and hold harmless Vision Me ApS, including any officers, directors, agents, subsidiaries and employees from any claim or demand, including reasonable attorneys' fees, made by any third party, including public authorities, due to or arising out of your breach these Terms, or your violation of any law or the rights of a third party.

OUR OWNERSHIP

All content and information on the Website and in the App (including, but not limited to, data, information, text, reputation, reviews, icons, or any other material, logos, trademarks, designs), and the infrastructure used to provide services, is proprietary to us or our licensors and is protected by copyright, trademark and other relevant laws. We or our licensors hold all rights, title and interests in Cliptomize and its content and you are only granted rights of use as specified in these Terms. Any use of robots, spiders, scrapers or any other automated means to access the websites and/or to collect data from the website, for whatever purpose is strictly prohibited.

Content on Cliptomize may also be the property of other users and their copyrights in such content must be respected. However, where other users have made clipbooks and/or material public, you may share such content by using the provided tools by us for such functionality.

The access to and the use of Cliptomize does not give you any right to copy, transmit, reproduce, modify, create derivative works, distribute or redistribute, or publicly display or publish or in any other ways exploit any content or information, trademarks, logos or any Cliptomize service or tool obtained from or through the Website or App unless explicitly permitted by these Terms.

We warrant that the use of Cliptomize in the form as provided by us and for the purposes as described under the section "What is Cliptomize?" does not infringe third party intellectual property rights. In the event of a third party claim against you, that your use or possession of Cliptomize infringes such third party's intellectual property rights, we will indemnify any final losses awarded by a competent court, provided that you immediately you become or should have become aware of the claim, notify us in writing and give us full and exclusive access and control to settle the matter, and provided that you have not altered or modified Cliptomize or used it for other purposes than those described under the section "What is Cliptomize?". The warranty does explicitly not cover content posted on Cliptomize. For all situations, our liability, including the liability to indemnify you is limited to the amount of DKK 1,000.00.

PRIVACY POLICY

We consider the protection of users' privacy as a very important and a top priority issue.

We will not sell or disclose your private information to any third party unless we have your permission or are legally bound to disclose such information or the third party is engaged by us to process the information solely for our own benefit and under our explicit instructions. Please be aware that when you choose to connect your Cliptomize account to other services like e.g. Facebook, you give your consent to us to exchange personal information with that service. Also, in case of takeover of all or the majority of Vision Me ApS's activities, any private information may be transferred to a purchaser but only for the purpose to continue the Cliptomize services as previously offered by us. For the avoidance of doubt, the Cliptomize service shall include any future updates and extended versions of the service.

Any aggregated, statistically and non-personally identifiable information may be shared and disclosed to third parties by us. For example, we may share such information with partners and potential sponsors and advertisers etc.

You may access, modify and delete the personal information you provide to Cliptomize either during the creation of your user profile or at any later time. However, some information may not be deleted unless the entire user profile is deleted and thus the right to use Cliptomize is terminated.

During the sign up process and during the use of Cliptomize, you volunteer to provide us certain information on yourself. This may include your name, e-mail address, profile photo social activities, comments, photos, your location at specific times, general information on you etc.

To register for a Cliptomize user account, you may use a valid Facebook user profile belonging to you, use other social media accounts where this is facilitated by Cliptomize or register directly on the Website or in the App provided this feature is supported at the time of your registration. By signing up using your Facebook user account, other social media account or if you at any later time choose to connect Cliptomize with a social media account, you also give us permission to access your information in such other services such as e.g. Facebook. Such permission allows us to collect information from your account for such services. The permission you grant us often depends on the settings in the services we connect to, and we encourage you to check these settings and make sure they reflect your intent to grant us permissions.

When you use Cliptomize we automatically collect certain data about your interaction with our services. We may use cookies to collect data and we may collect data from the App on your mobile device.

The personal information that you provide and that we collect will be processed by us in order to fulfill the agreement with you, hereunder to perform delivery of services etc. included in Cliptomize. We may also process your personal information in order to improve our products and services, develop new products, features or services and to conduct marketing campaigns via e-mails, for special offers, tailored advertising towards you, new products or services and the like. Your consent relates to all e-mail addresses you have provided until you may choose to opt out of our mailing list. (For the matter of good sake, you may opt out from news emails but not from service mails generated by Cliptomize about the use, status etc.)

Your here given consent to collect information may at any time in whole or in part be recalled by giving written notice to us. However, if you choose to recall your consent, we reserve the right to immediately terminate your user account.

If you reside within the European Community area you approve and explicitly agree to that by signing up for a user account , processing of your personal information as set forth above, may take place outside the EC and thus data may be exported by us. Your consent to such data export can in whole or in part be recalled by giving written notice to us. However, if you choose to recall your consent, we reserve the right to immediately terminate your user account.

According to applicable law, you have the right to gain insight in what information we have registered about you. Should you require such insight, please contact us on contact@cliptomize.com

REFERENCE TO THIRD-PARTY LINKS

Cliptomize may include links to third party websites and services that are not owned or controlled by us.

We do not assume any responsibility or liability for such third party websites or services and we strongly encourage you to read and accept the terms applicable for such websites or services prior to your use of such websites and services.

TERMINATION OF GRANTED RIGHTS AND DELETION OF CONTENT

We may remove without any prior notice to you any materials submitted by you or any third-party to Cliptomize if we believe the content is in violation of these Terms, also including situations where we believe such material may infringe a third party's rights. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms. We thus reserve the right to suspend and/or delete any material included in your clipbooks or collections.

As we have granted you a revocable right to use Cliptomize, we may terminate or suspend the license at any time at our sole discretion, with or without cause or notice to you. You acknowledge that we may delete your account and any content for any reason and without notice and that you your uploaded content will then no longer be available to you through Cliptomize.

Likewise, you may at any time terminate your right (your license) to use Cliptomize.

Any termination does not entitle you to any refunds of already paid amounts or to make any claims excluded by these Terms.

Termination of the right (license) to use Cliptomize does not affect any of the provisions in these Terms which are meant to survive a termination. This includes, but is not limited to, the survival of the provisions whereby you grant us license to use your content.

LIMITATION OF LIABILITY

The use of Cliptomize and any other services owned by Vision Me ApS or tools is provided as an "as-is" service and without any obligations for us to furnish any maintenance or support services in relation to Cliptomize. Thus, we cannot guarantee continuous or secure access to the Website or App, or other services or tools provided by us, hereunder any specific availability time. Internet-and online services as such may be interfered by numerous factors outside the vendors' control and unavailability may occur.

We cannot guarantee that the Website or App is free of error, virus or other defective material. You are thus responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

We undertake no responsibility and assume no liability for any content any user of Cliptomize posts or transmits using our service Cliptomize and any claim you may have in relation to such content shall only be directed toward the user who submitted or transferred the content. You thus also accept that we undertake no responsibility and assume no liability for others use of your content or material you have uploaded to Cliptomize.

We undertake no responsibility and assume no liability for any use of Cliptomize. We are not part of the clipbooks, discussions etc. you participate in but merely provide and facilitate the technical platform to make clipbooks and run Cliptomize. Any claims you may have in relation to content in Cliptomize, can thus not be directed towards us.

We may at our sole discretion terminate (temporary or permanently) any service or access to a service provided through the Website or the App without incurring any responsibility toward the user.

Accordingly, to the extent legally permitted, all implied warranties, are excluded.

We shall to the maximum extent permitted by applicable law in no event be liable for any loss of money (including loss of profits or revenues), goodwill or reputation, or any special, incidental, punitive or consequential damages arising out of the use or the inability to use the Website or App, regardless whether such loss is a direct or indirect loss. Likewise, a user shall not be entitled to any compensation, reduction in fees or the like in situations where the Website or App is unavailable.

To the extent that our limitation of liability is not allowed by the applicable laws, the liability shall to the extent possible be limited to the amount paid to Vision Me ApS by the claimant in relation to the service that triggered the claim or claims or where the claim is not related directly to an identifiable service, the total amount the claimant has actual paid in fees to Vision Me ApS for the use of services in the last 12 months, calculated from the last paid fee. However, in any and all situations, such liability for all cumulative claims by a claimant shall be limited to the amount of DKK 500,00.

CHANGES OF THE TERMS

The Terms are subject to changes and modifications without notice either by posting an amended version on the Website or in the App or by e-mailing the amended version to your registered e-mail account. Changed Terms will affect all use of Cliptomize from the time the changed Terms becomes effective.

If you cannot accept the changed Terms, all use of Cliptomize must immediately cease.

GENERAL PROVISIONS

These Terms constitutes the entire agreement between you and Vision Me ApS for the access and use of our service Cliptomize, and supersedes and replace any prior agreement or versions of the Terms.

DISPUTES

These Terms and any dispute or disagreement that arises under, out of, in connection with or in relation to the use of Cliptomize or any other services offered by Vision Me ApS shall be governed by and construed in accordance with Danish law, CISG and provisions on choice of laws excluded.

Any conflict shall be subject to the exclusive jurisdiction of the Courts of Denmark.

CONTACT VISION ME APS

You may always contact Vision Me ApS on contact@cliptomize.com