3. Website Access
1. Moodstube hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Moodstube's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.
2. 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 Moodstube immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of Moodstube or others due to such unauthorized use. Moodstube will not be liable for your losses caused by any unauthorized use of your account.
3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the Moodstube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Moodstube grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Moodstube 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 or e-mail addresses, 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 (as defined below).
4. Moodstube has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
4. Intellectual Property Rights
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Moodstube. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without Moodstube's prior written consent. Moodstube reserves all rights not expressly granted in and to the Website. 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 Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
5. User Submissions
1. The Website facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Moodstube does not guarantee any confidentiality with respect to any User Submissions. Moodstube has complete discretion whether to display your User Submission on the Website.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Moodstube to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms & Conditions.
3. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Moodstube, you hereby grant Moodstube, in addition to any other rights which it has pursuant to any other program established by Moodstube, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and Moodstube's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You may notify Moodstube to remove the User Submission from the Website, and Moodstube will do so within a reasonable time period, at which point the foregoing license to Moodstube will terminate other than with respect to usages by Moodstube prior to such removal.
4. You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use.
5. You 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 User Submission and to grant Moodstube all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Moodstube or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, 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; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity. Moodstube does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Moodstube expressly disclaims any and all liability in connection with User Submissions.
6. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Moodstube is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. 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 may have against Moodstube with respect thereto, and agree to indemnify and hold Moodstube, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
6. Copyright and Content Policy
Moodstube respects the intellectual property rights of others, and requests you to do the same. Moodstube does not permit copyright infringing activities and infringement of intellectual property rights on its Website or related services, and Moodstube will remove all Content if properly notified that such Content infringes another's intellectual property rights. Moodstube reserves the right to remove Content without prior notice. Moodstube will also terminate a User’s account if the User is determined to be a repeat infringer of copyright. Moodstube may remove such Content and/or terminate a User's account due to a violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
believe that your Content has been copied in a way that constitutes copyright
infringement, please provide Moodstube's Copyright Agent the following
User's access for uploading such Content in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
(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. Providing URLs in an email enables us to most efficiently locate and remove the infringing material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Moodstube's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By postal mail:
By email: firstname.lastname@example.org
Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.7. Warranty Disclaimer
YOU SPECIFICALLY ACKNOWLEDGE THAT MOODSTUBE 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.
You agree to defend, indemnify and hold harmless Moodstube and Maisäss GmbH, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.
10. Ability to Accept Terms & Conditions
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Moodstube without restriction.