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Terms of Service for Content Owners

You are in progress of applying to a free BASIC account. To finish this process you must read and agree to our terms of service displayed below by checking the checkbox at the bottom of the page. For your convenience in the following we are highlighting some main points of the agreement:

  • There no monthly or otherwise fixed cost associated with the BASIC account.
  • You agree to the cost structure as presented in our price list.
  • You acknowledge that you are responsible for performing your tax obligations with your local authorities and using the correct tax options in your Company Settings.
  • You agree that you will not use this service for any copyrighted content for which you don't own the rights.
  • You agree that you will not use this service for any 'Child Porn' content or other offending content illegal in the United States, United Kingdom, Germany or the country in which you reside.

 

Terms of Use

Definiton
FlickRocket is a service operated by ACE GmbH, Heinrich-Hertz-Str. 2, 44227 Dortmund, Germany. In the following the service and company will be referred to as 'Flickrocket'.

1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the flickrocket.com domain name, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF Flickrocket�s PRIVACY NOTICE, WHICH ARE PUBLISHED AT http:// www.flickrocket.com/privacy.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Flickrocket Website.

2. Flickrocket Website
These Terms of Service apply to all users of the Flickrocket Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Flickrocket Website may contain links to third party websites that are not owned or controlled by Flickrocket. Flickrocket has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Flickrocket will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Flickrocket from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Flickrocket Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access
A. Flickrocket hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your commercial use unless otherwise stated; (ii) you will not copy or distribute any part of the Website in any medium without Flickrocket's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Flickrocket immediately of any breach of security or unauthorized use of your account. Although Flickrocket will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Flickrocket or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Flickrocket servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Flickrocket grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Flickrocket reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

D. You agree to pay the stated Flickrocket system rental costs, in advance, each month for either the Silver or Gold Account. Non payment of the rental costs for either accounts
will result in access to the Flickrocket website and system being immediately restricted
until such time as the outstanding payment is made.

E. You agree to Flickrocket deducting the costs of video distribution, bandwidth, and
payment processing percentages as stated on the Flickrocket website, before any payments are made to you for the sale of any and all your videos from the
Flickrocket website.

4. Intellectual Property Rights
The content on the Flickrocket Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Flickrocket, subject to copyright and other intellectual property rights under German and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Flickrocket reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Flickrocket Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Flickrocket Website or the Content therein.

5. User Submissions
A. The Flickrocket Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Flickrocket does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Flickrocket to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Flickrocket, you hereby grant Flickrocket a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Flickrocket Website and Flickrocket's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Flickrocket Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Flickrocket Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Flickrocket Website.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Flickrocket all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Flickrocket or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Flickrocket does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Flickrocket expressly disclaims any and all liability in connection with User Submissions. Flickrocket does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Flickrocket will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Flickrocket reserves the right to remove Content and User Submissions without prior notice. Flickrocket will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Flickrocket also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, libelous or defamatory material, or excessive length. Flickrocket may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Flickrocket's designated Copyright Agent to receive notifications of claimed infringement is as follows: <mailto:>

ACE GMBH
Heinrich-Hertz-Str. 2
44227 DORTMUND
GERMANY

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Flickrocket customer service through http://www.flickrocket.com/contact.html. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

E. You understand that when using the Flickrocket Website, you will be exposed to User Submissions from a variety of sources, and that Flickrocket is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Flickrocket with respect thereto, and agree to indemnify and hold Flickrocket, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. Flickrocket permits you to link to materials on the Website for personal and commercial purposes. In addition, Flickrocket provides an "Embeddable Player" feature and links, which you may incorporate into your own website for use in accessing the materials on the Website, provided that you include a prominent link back to the Flickrocket website on the pages containing the Embeddable Player unless otherwise agreed. Flickrocket reserves the right to discontinue any aspect of the Flickrocket Website at any time.


6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE FLICKROCKET WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLICKROCKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FLICKROCKET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FLICKROCKET WEBSITE. FLICKROCKET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FLICKROCKET WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FLICKROCKET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability
IN NO EVENT SHALL FLICKROCKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FLICKROCKET WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT FLICKROCKET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Flickrocket from its facilities in Germany. Flickrocket makes no representations that the Flickrocket Website is appropriate or available for use in other locations. Those who access or use the Flickrocket Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity
You agree to defend, indemnify and hold harmless Flickrocket, its parent corporation, officers, directors, employees and agents, 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 Flickrocket Website; (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 User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Flickrocket Website.

9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Flickrocket Website is not intended for anybody under 18. If you are under 18 years of age, then please do not use the Flickrocket Website.

10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flickrocket without restriction.

11. Flickrocket rights and obligations

11.1 Hosting, Serving, Storage, and Indexing. Except as set forth in clause 4.3 below, and subject to clause 2.3 above, provided that you are in compliance with your obligations hereunder, Flickrocket shall store Authorised Content on servers hosted or controlled by Flickrocket or its associated companies.

11.2 Hosting and Storing Costs, Technical Support and End User Requests. Flickrocket shall be responsible for all costs and fees associated with hosting and storage of the Authorised Content as authorized hereunder, except any costs to you of delivering the Authorised Content via the Flickrocket system, and those costs set forth in clause 3.1 above. Flickrocket will be responsible for providing technical support to end users in relation to the Flickrocket services.

11.3 Withdrawal of Authorised Content, Links or Brand Features. Flickrocket shall use reasonable end endeavors to remove Authorised Content from the Flickrocket services within thirty (30) days of confirmed receipt (by Flickrocket) of email notice to Flickrocket at This email address is being protected from spambots. You need JavaScript enabled to view it.. While nothing in this Agreement obliges Flickrocket to monitor the Authorised Content, if Flickrocket becomes aware or determines in its sole discretion that: (a) the Authorised Content (or any part thereof), or the you Brand Features: (i) violates the intellectual property rights or any other rights of any third party; (ii) violates any applicable law, regulation or code of practice or is subject to an injunction or other action by a third party; (iii) is defamatory, libelous or otherwise violates Flickrocket policies (as may be updated by Flickrocket from time to time in its sole discretion); (iv) is being improperly or illegally distributed by you; or (v) may otherwise create liability for Flickrocket; or (b) the display of the Authorised Content is impacting the integrity of Flickrocket services (by way of example only, so that end users are unable to access the Authorised Content or otherwise experience difficulty); Flickrocket may, in its sole discretion, chose not to display, or cease displaying that Authorised Content on the Flickrocket services (or any part thereof), or your Brand Features with no liability to Flickrocket.

12. Payment, pricing and reporting. The Customer shall, on the Flickrocket control panel page specify the amount and duration of each VOD, Download to PC and Download to Burn that they wish to sell via the Flickrocket website system. Flickrocket and the Customer shall mutually agree the method of payment and record their agreement

on the Flickrocket control panel page . All sums stated in this Agreement are exclusive of VAT unless stated otherwise. Customer shall pay the sums (including (if applicable) VAT and any other applicable taxes or charges imposed by any government entity) in the manner dictated by the method of payment agreed between the parties as set out in 3 E. Charges shall be calculated solely based on records maintained by Flickrocket. Flickrocket shall provide Customer with password-protected access to 24/7 online reporting information so that Customer may monitor its visitors. Refunds (if any) are at the discretion of Flickrocket .

13. GENERAL

13.1 Assignment. You shall not assign or otherwise transfer your rights or delegate your obligations under this Agreement, in whole or in part, without the prior written consent of Flickrocket (which shall not be unreasonably withheld or delayed). Flickrocket may sub-contract or assign or transfer any of its obligations or rights under this Agreement in whole or in part at its sole discretion.

13.2 Notices. Unless provided for to the contrary in this Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Agreement shall be sent: (a) if to you at the email address you provided to Flickrocket during the registration process; or (b) if to Flickrocket marked for the attention of the Flickrocket Legal Department, and sent to the following address:

ACE GMBH
Heinrich-Hertz-Str. 2
44227 DORTMUND
GERMANY


Notice shall be deemed received: (i) upon receipt when delivered personally; (ii) upon written verification of receipt from overnight courier; (iii) upon verification of receipt of registered or certified mail; or (iv) upon verification of receipt via facsimile, provided that such notice is also sent simultaneously via first class mail. Each party may change its address for service of notices by serving notice on the other in accordance with this clause 11.2.

13.3 Relationship. The parties are and will remain independent contractors and nothing in this Agreement will be deemed to create any agency, partnership, or joint venture relationship between the parties. Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party.

13.4 Neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labour conditions, power failures, and Internet disturbances.

13.5 The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.

12.6 The failure to require performance of any provision will not affect a party�s right to require performance at any time thereafter; nor will waiver of a breach of any provision constitute a waiver of the provision itself.

13.7 This Agreement represents the entire terms agreed between the parties in relation to its subject matter and supersedes any all previous contracts or arrangements of any kind between the parties relating to the subject matter. The preceding does not limit or exclude either party�s liability for fraud or fraudulent misrepresentation.

13.8 Notification of variations to this Agreement. We may revise the terms of this Agreement at any time, and if we do so, then we will provide the revised terms and conditions for you to accept or reject when you next log in to the Programme, and by sending notice to you at your email address of record. You must accept or reject the new terms and conditions within five (5) days from the date the notice was sent to you, by logging into the Programme at http://www.flickrocket.com/ or as otherwise designated in writing by Flickrocket, and accepting or rejecting the new terms. If you do not accept or reject the new terms within the five (5) day period, you will be deemed to have accepted and be bound by the new terms. If you do not wish to be bound by the new terms, then this Agreement will terminate and you will no longer be able to participate in the Programme.

13.9 This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.

13.10 Nothing in this Agreement shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to this Agreement.

13.11 This Agreement shall be governed by and construed in accordance with German law and the parties hereby submit to the exclusive jurisdiction of the German courts in respect of any dispute or matter arising out of or connected with this Agreement. If this Agreement is translated into any other language and if there is a discrepancy in interpretation between the English text and the text of such other language, the English text will govern.