VIORAMA GmbH engaged in mobile applications and specifically in videos, is launching for the purpose of testing its new application Spilly (hereinafter referred to as “App)” and corresponding websites, where users can submit videos to our website https://spil.ly/#upload, other users edit in real time and share augmentation of those videos. Spilly provides a platform, where users can either upload their own original material or mix with the App´s effects the material of other users, that can be found on the website: https://spil.ly/#upload. The App´s purpose is to transform, comment and play with the effects on video material.These videos will be inserted into the app and may also be shared. Additional content will be provided in little packets of data (hereinafter referred to as “Service”), that contain e.g. images, videos and texts. The content uploaded by the users in order to be used for the app will be shared by these means to the public.
These Terms of Service shall apply to any person using the Service and accepting the Terms of Service.
These Terms of Service shall apply exclusively. Differing or contrary terms and conditions of the User shall not apply, except if expressly agreed upon in writing by VIORAMA GmbH . By using the Service, the User agrees he has read and understood these Terms of Service and agrees to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use our Service.
1. Services provided to the User 1.1 VIORAMA GmbH has launched for the purpose of testing its new mobile application Spilly an application where the users can upload, edit in real time and share the augmentation of videos by using the App and the website spil.ly, ownership of Viorama GmbH, named as “Service”.
When making available content to our Service, you hereby grant the Service Spil.ly and respectively Viorama GmbH, a worldwide non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, create derivative works from such content and to publish, distribute, perform and display it anonymously throughout the world in any manner or media.
The Services consists of interactive features that allow the users to upload, edit in real time and share the augmentation of videos (“User Content”). You understand that your User Content will be viewable by other Users.
In the event you are making available content to our service you grant a world-wide, non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable (grant right to third parties) anonymous right to use, reproduce, sell, modify, adapt, translate, create derivative works from such content and to publish, distribute, perform and display it anonymously throughout the world in any manner or media.
1.3. In case of misuse of the Service or an appropriate suspicion, The User shall report the same to VIORAMA GmbH to firstname.lastname@example.org. 1.4. People who like to test the Service must have to be at least in the age of sixteen (In various jurisdictions the requirements might be different).
1.5 The entitlement of a the User to use the Service and its functions shall only apply within the scope of current technology and the technical availability of the Service. VIORAMA GmbH may limit the accessibility of its Services for a limited period of time, in case capacity limits are reached or when it is necessary for maintenance work or because of safety reasons.
2. Costs The use of the Service is free of charge for the non-trade User.
3. Conduct Guidelines
3.1 The User agrees to abide by the below-mentioned conduct guidelines, which may be updated from time to time. If we update these guidelines for the User conduct, we will provide notice of such changes.
3.2 The User may not post, link or otherwise make available on or through the Service any of the following:
3.6 If you discover or suspect any Service security breaches, please contact us directly at email@example.com
3.7 VIORAMA GmbH reserves the right to delete any comments that violate these Terms of Service and to block or remove any misbehaving User from the Service.
4. Responsibility for the User Content, data and/or information
4.1 You agree that you are solely responsible for your generated or uploaded User Content.
4.2 VIORAMA GmbH cannot accept any responsibility for content, data and/or information provided by you or other Users of the Service.
4.3 The User hereby represents and warrants that the publishing, distribution, copying, storage, publishing and reproduction of the User Content will not infringe any third party rights and that the User owns any and all necessary rights to use, publish and distribute the User Content via the App. Moreover, the User represents and warrants being entitled to assign us any and all necessary rights to the extent required by VIORAMA GmbH to publish the User Content on the App. Upon VIORAMA GmbH request the User must prove his rights.
4.4 The User is solely responsible for any and all copyright, trademark or other legal disputes arising out of the provision of User’s User Content between the User and third parties. The User will indemnify, defend, and hold harmless VIORAMA GmbH and its officers, directors, shareholders and employees for (i) any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with the User Content provided by the User; (ii) any breach by the User of any warranty defined in paragraph 4 hereof; (iii) any claim that the User’s User Content caused damage to a third party. The User may prove that the costs incurred are less. VIORAMA GmbH damage claims and any further claims remain unaffected.
4.5 Should you become aware of a use of the services that violates these Terms or the law, we ask you to inform us immediately at firstname.lastname@example.org.
5. Intellectual Property Rights
5.1 The design of the Service along with the texts, scripts, graphics, interactive features and the like created by VIORAMA GmbH, as well as the trademarks, service marks and logos contained therein are owned by or licensed to VIORAMA GmbH, subject to copyright and other intellectual property rights and the German and foreign laws and international conventions. VIORAMA GmbH provides the Service to you AS IS for your information and personal – non-trade - use only. VIORAMA GmbH reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Services other than expressly permitted herein.
5.2 The User hereby assigns VIORAMA GmbH the non-exclusive, royalty-free, right without limitation in content, territory and time to use any and all provided User Content on the App, in particular, but without limitation to texts, photographs, pictures, trademarks, title. Particularly, the assignment includes,
5.3. Copyright Infringement-VIORAMA GmbH - Take Down Policy
5.3.1. VIORAMA GmbH takes seriously the intellectual property rights of others and expects users of the Service to do the same, as described above and is urging its users to report any such incidents as soon as they take notice of them. Please note, that Spilly is an App with the purpose to reproduce remixed material and no original material can be downloaded or used. The purpose of Spilly is to provide a platform, where users can either upload their own original material or mix with our effects the material of other users, that can be found on the website: http//spil.ly.com. The App´s purpose is to transform, comment and play with the effects on video material. Therefore, no original material can be reproduced or downloaded.
5.3.2. In order for VIORAMA GmbH to fully comply with the copyright regulations, we ask from all of our users to report in writing any content on the Service that they hold that infringes their copyright. For that reason, we would need you to send us a statement that you have identified content on the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act. Please make sure to include a description of the copyright work that you claim has been infringed, as well as a description of the content that you claim is infringing and exact details of where on the Service the content that you claim is infringing was found. Do not forget your contact information including your full name, address and telephone number and a valid email address on which you can be contacted. Please include in your statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).
5.3.3. Your notice should be sent to us or our designated copyright agent by email to email@example.com or by mail to the following address: Attn: VIORAMA GMBH, Am Festungsgraben 1, 10117 Berlin
5.3.4. If you believe that any content on the Service infringes any of your other proprietary rights (including but not limited to trademarks, or rights of personality), please report this by following the above guidelines and send your notice to firstname.lastname@example.org or by mail to the above mentioned postal address.
6.1 The Service is provided on an AS IS or AS AVAILABLE basis without any representations or warranties of any kind.
6.2 While VIORAMA GmbH attempts to provide a good the User experience, we cannot and do not represent or warrant that the Services will always be secure or error-free or that the Services will always function without delay, disruptions or imperfections. VIORAMA GmbH cannot guarantee that its Services are virus-free. The User shall take all necessary safety measures and install the latest security updates, in order to prevent viruses.
6.3 Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
7.1 VIORAMA GmbH shall only be liable – irrespective of the legal grounds – if damages have been caused by:
a) Infringement of an essential contractual obligation (an obligation required for the proper execution of contract)
b) Gross negligence or deliberate intention of VIORAMA GmbH.
7.2 In cases of slight negligence, VIORAMA GmbH is only liable if it, its legal representatives or assistants in performance have infringed a fundamental duty and if the purpose of the contract is threatened thereby or if it, its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contractual implementation and if the User generally relies on the fulfillment of these duties. In the aforementioned cases, VIORAMA GmbH is only liable for foreseeable damages to the User at the time the respective service was performed. VIORAMA GmbH’s liability for consequential damage, lost profit or compensation for third-party damage is excluded.
7.3 VIORAMA GmbH provides its services in the scope of its technical and operational capabilities. VIORAMA GmbH will not be liable hereunder by reason of any failure to timely perform its services hereunder due to an event beyond its reasonable control, including acts of God; acts of terrorism; civil unrest; war; fires; power cuts; epidemics.
7.4 If the liability of VIORAMA GmbH is excluded or restricted, this also applies to the personal liability of its employees, representatives, officers, shareholders and agents. 7.5 The liability for damages arising from injury to life, body or health as well as liability under the Product Liability Act shall remain unaffected.
8. Indemnification You agree to defend, indemnify and hold VIORAMA GmbH harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the VIORAMA GmbH Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your posts caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the VIORAMA GmbH Service.
11. Changes in Terms of Service We may in our sole discretion review, improve, modify or discontinue, temporarily or permanently, the Service and/or any information or content provided on the Service. If we do so, we will provide notice of such changes. You agree that VIORAMA GmbH will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
12. Contact You are always welcome to contact us for any feedback, questions, complaints or claims you may have related to the Service. Please direct your requests to: email@example.com.
13. Final Provisions 13.1 The regulations of these Terms of Service shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. 13.2 For all disputes arising out of or in connection with this agreement, the courts in Berlin, Germany shall have exclusive jurisdiction. 13.3 Should any provision of these Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard to the subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding. 13.4 Side agreements and/or changes of this contract including the change of this paragraph 7.4 require written form. Also, any waiver of the written form shall only be made in writing.
Last updated: 17. July 2017