Sclipo

Sclipo Terms of Use

Welcome to Slipo, a service that enables its users to exchange knowledge and to learn from each other primarily through videos.

1. Your Acceptance

The following Terms of Use ("Agreement") define the legally binding terms for your use of Sclipo. This Agreement applies to all users of the Sclipo Website and Services including users who are also contributors of video content, information, and other materials or services on the Website. By using and or visiting this website (including all Content and Services available through Sclipo.com, the "Website", or " Sclipo Website"), you indicate your consent to these Terms of Use and of Sclipo's privacy policy and copyright terms, and which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Sclipo Website.



2. Website Access

A. Sclipo hereby grants you permission to visit and or use the Website as set forth in this Agreement, provided that: (a) your use of the Website as permitted is solely for your personal, noncommercial use apart from those that Sclipo approved explicitly; (b) you will not change or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (c) you will not distribute or copy any part of the Website in any medium without the prior written authorization of Sclipo; and (d) you will otherwise comply with the terms and conditions of these Terms of Use.

B. You need an account, to access some features of the Website. You may never use another's account without permission. When creating your account, you agree to provide complete and accurate information. You are the only responsible for any activity that takes place on your account, and you agree to keep your account password secure. You agree to notify Sclipo at once of any unauthorized use of your account. You may be liable for the losses of Sclipo or others due to such unauthorized use, although Sclipo will not be liable for your losses caused by any unauthorized use of your account.

C. You agree not to use or launch any automated system, including without limitation, "offline readers," "robots," "spiders," that accesses the Website in a way that sends more request messages to the Sclipo servers in a given time period than a human can reasonably generate in the same period by using a standard online web browser. Despite the foregoing, Sclipo 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. Sclipo 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.



3. Intellectual Property Rights

The content on the Sclipo Website, except all User-Added Content, 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 Sclipo. Content on the Website is provided to you ’Äúas is’Äù for your information and personal use only and may not be used, copied, distributed, reproduced, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Sclipo reserves all rights not explicitly granted in and to the Website and the Content. You agree to not engage in the use, distribution, or copying of any of the Content other than explicitly permitted, including any use, copying, or distribution of User-Added Content 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 Sclipo Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sclipo Website or the Content therein.



4. User-Added Content

A. The Sclipo Website permits users with a valid Sclipo account to add videos or other content, including but not limited to descriptions, tags, images, audio and/or comments ("User-Added Content") and the hosting, sharing, and/or publishing of that content. You understand that whether or not such User-Added Content is published, Sclipo does not guarantee any confidentiality with respect to any content added. You are solely responsible for your own User-Added Content and the consequences of publishing or posting it.

B. You retain all your ownership rights in your User-Added Content. In connection with User-Added Contents, you affirm, and/or warrant that you own or have the necessary licenses, rights, consents over your User-Added Content, as well as the permissions to authorize Sclipo to use all copyright, patent, trademark, trade secret, or other proprietary rights in and to any and all User-Added Content to enable inclusion and use of User-Added Content in the way contemplated by the Website and these Terms of Use.

C. You have the permission, release, and/or written consent of each and every identifiable individual person in the User-Added Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User-Added Content in the manner contemplated by the Website and these Terms of Service.

D. By submitting User-Added Content to Sclipo, you hereby grant Sclipo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, distribute, reproduce, prepare derivative works of, display, and perform the User-Added Content in connection with the Sclipo Website and Sclipo's (and its successor's) business, including without limitation for research, as well as for promoting and redistributing part or all of the Sclipo Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Sclipo Website a non-exclusive license to access your User-Added Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User-Added Content as permitted through the functionality of the Website and under this Agreement. The foregoing license granted by you terminates once you remove or delete a User-Added Content from the Sclipo Website.

E. You agree that you will not submit material that is (a) unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is copyrighted (see our Copyright Policy) or is otherwise inappropriate; (b) a advertisements or solicitations of business; (c) any form of misrepresentation that could damage Sclipo or any third party. Sclipo does not endorse any User-Added Content or any opinion, recommendation, or advice expressed therein, and Sclipo expressly disclaims any and all liability in connection with User-Added Content.

F. Sclipo reserves the right to remove User-Added Content without prior notice. Sclipo 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 had a User-Added Content removed from the Website more than twice and/or has been notified of infringing activity more than twice. Sclipo also reserves the right to decide whether a User-Added Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Sclipo may remove such User-Added Content and/or terminate a User's access to add such content in violation of this Agreement at any time, at its sole discretion and without prior notice.

G. You understand that when using the Sclipo Website, you will be exposed to User-Added Content from a variety of sources, and that Sclipo is not responsible for the accuracy, safety, usefulness, or intellectual property rights of or relating to such User-Added Content. You further understand and acknowledge that you may be exposed to User-Added Content 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 Sclipo with respect thereto, and agree to indemnify and hold Sclipo, 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.

H. Sclipo permits you to link to materials on the Website for personal, non-commercial, purposes only. Furthermore, Sclipo provides an "Embeddable Player" feature, which you may incorporate into your own non-commercial, personal websites for use in accessing the materials on the Website. If you chose to do so, you agree to include a well-visible link back to the Sclipo website on the pages containing the Embeddable Player. Sclipo reserves the right to discontinue any aspect of the Sclipo Website at any time.



5. Copyright Policy

In connection with User-Added Content, you also agree you will not 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 Sclipo all of the license rights granted herein; Sclipo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Sclipo will remove all User-Added Content if properly notified that such User-Added Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User-Added Content 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:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

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.

Sclipo's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Eggo S.L., Atlantida 57; E-Barcelona, 08003, Europe, Attn: Copyright Agent; and email: copyrightagent@sclipo.com.



6. User Disputes

You are solely responsible for your interactions with other Sclipo users. We reserve the right, but have no obligation, to monitor disputes between you and other users.



7. Limitation on Liability

IN NO EVENT SHALL SCLIPO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (b) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (c) ANY BUGS, VIRUSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM OUR WEBSITE, (e) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY INFORMATION STORED THEREIN, (f) ANY ERRORS 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 SCLIPO 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 ALSO ACKNOWLEDGE THAT THE SCLIPO WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY SCLIPO. SCLIPO HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR THE CONTENT, PRACTICES, OR PRIVACY POLICIES OF ANY THIRD PARTY WEBSITES. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE SCLIPO FROM ANY LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE.

YOU SPECIFICALLY ACKNOWLEDGE THAT SCLIPO SHALL NOT BE LIABLE FOR USER-ADDED CONTENT 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 Sclipo from its facilities in Spain. Sclipo makes no representations that the Sclipo Website is appropriate or available for use in other locations. Those who access or use the Sclipo Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.



8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SCLIPO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SCLIPO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SCLIPO 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 (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE, (e) ANY BUGS, OR VIRUSES WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS 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 WEBSITE. SCLIPO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SCLIPO 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.



9. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, 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 Use, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Sclipo Website is not intended for people under the age of 13. If you are under 13 years of age, then please do not use the Sclipo 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 Sclipo without restriction.



11. Indemnity

You agree to defend, indemnify and hold harmless Sclipo, 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: (a) your use of and access to the Sclipo Website; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User-Added Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Sclipo Website.



12. Other

You agree that: (a) the Sclipo Website shall be deemed solely based in Spain; and (ii) the Sclipo Website shall not give rise to personal jurisdiction over Sclipo, either specific or general, in jurisdictions other than Spain. These Terms of Service shall be governed by the laws of Spain. Any claim or dispute between you and Sclipo that arises in any part from the Sclipo Website shall be decided exclusively by a court of competent jurisdiction located in Barcelona, Spain. These Terms of Use, together with the Privacy Notice and any other legal notices published by Sclipo on the Website, shall constitute the entire agreement between you and Sclipo concerning the Sclipo Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Sclipo's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Sclipo reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Sclipo Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

This Terms of Use Agreement was last modified October 5, 2006. October 5, 2006.

For any questions or comments about this Agreement, please contact us at terms@sclipo.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

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