U-Star Management Limited t/a Clipstar
Website Terms of Use These terms of use apply to your use of all or any part of our Website www.clipstar.com and to any email correspondence between U-Star Management Limited t/a Clipstar (“Clipstarâ€) and you. Should you wish to enter the Clipstar competition, your entry will also be subject to the Clipstar competition terms and conditions.
Please read these Terms of Use carefully. By using this Website you are deemed to accept these Terms of Use whether or not you choose to register with us. We reserve the right to amend these Terms of Use from time to time and recommend that you review them regularly. Your continued use of this Website after changes have been posted constitutes your acceptance of these Terms of Use as amended.
If you do not agree to any of these Terms of Use or the Clipstar privacy policy, please do not use this Website.
All references in these Terms of Use: to the "Website" refer to this Website www.clipstar.com; to “you†and “your†are to you; and to “weâ€, “us†and “our†are to U-Star Management Limited t/a Clipstar.
1 INFORMATION ABOUT US
1.1 This Website is operated by us, U-Star Management Limited t/a Clipstar. We are a company registered in England and Wales under company number 05985746. Our registered office is situated at 1 Hulme Place, The Crescent, Salford, Manchester, England M5 4QA. Our VAT number is 916 7421 20.
2 USE OF OUR WEBSITE
2.1 You agree to use this Website in accordance with these Terms of Use.
2.2 You agree not to use the Website for any unlawful purpose including, without limitation, launching any automated system or virus, attempting to decipher or modify any of the software, coding or information comprised in the Website or otherwise interfering with the operation of this Website.
2.3 We endeavour to ensure that our Website is accessible 24 hours a day. However, we will not be liable for any losses that you may suffer if our Website is unavailable at any time or for any period or your access to our Website is interrupted, restricted or delayed for any reason. Please note that access to our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
3 MEMBERSHIP
3.1 By registering with us, you will be able to access certain areas of the Website or to enter or vote in the Clipstar competition. When registering with us, you must provide accurate and complete information.
4 YOUR STATUS
4.1 By registering on our Website, you confirm that you are 16 years of age or over or that you have parental or guardian consent and are legally capable of entering into these Terms of Use. This Website is not intended for use by users under the age of 16 years of age. If you are under the age of 16, please do not use this Website.
5 USER CONTENT
5.1 Users of the Website may submit or upload videos or other content ("User Content") to the Website in accordance with these Terms of Use.
5.2 By submitting your User Content to the Website, you hereby grant to us, our sub-licensees and assignees, a non exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, edit, reproduce, record, modify, translate, distribute, play, perform, make available to the other users of the Website, prepare derivative works of and to display your User Content by any medium or method whether now known or later developed, including the right to assign, sub-license or transfer the whole or any part of these rights to a third party.
5.3 Please use the Website responsibly. You are solely responsible for any content which you submit to the Website. You agree to use this Website only for lawful purposes. By using our Website you agree not to attempt to access our systems and you agree not to:
(a) post on or transmit to or from it any material that is threatening, offensive, violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence;
(b) submit any material that is defamatory or libellous;
(c) submit material which infringes the intellectual property rights of a third party, including any privacy rights;
(d) post inaccurate or false information about yourself or others; or
(e) submit any other material which is considered to be inappropriate, (a) to (e) inclusive together are referred to as "Inappropriate Content". From time to time we may also determine, at our sole discretion, whether any material submitted or posted by you is "Inappropriate Content".
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any Inappropriate Content or other similar material onto our Website.
5.4 You warrant and represent that:
(a) you own or have the necessary licences, rights and consents in and to any User Content that you submit to the Website and you will provide to us evidence of all such licences, rights, consents and permissions if so requested by us;
(b) the owner of all third party content included in the User Content has expressly agreed that you are entitled to use it and grants a licence to us to use it in accordance with these Terms of Use;
(c) the User Content is original and you have not copied it wholly or substantially from a third party; and
(d) you have the written consent from each individual featured in the User Content to use such content in accordance with these Terms of Use.
We do not permit the submission of User Content which infringes copyright or any other intellectual property rights of a third party. If you are unsure what copyright is, please refer to our Copyright Guidelines.
5.5 We reserve the right to remove from our Website without notice and at our sole discretion:
(a) any User Content; and/or
(b) any User Content which we consider to contain Inappropriate Content; and/or
(c) any User Content in relation to which we have received notification that such content infringes, or may infringe, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party.
5.6 We reserve the right to block a user from the Website who we consider, in our sole discretion, has or is likely to submit content in breach of conditions 5.3, 5.4 or 5.5.
6 INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE
6.1 The copyright and all other intellectual property rights subsisting in the content on our Website is owned by us, with the exception of the User Content which is licensed to us by the user under these Terms of Use, and we expressly reserve all rights in the same. You may print and download extracts from the content of our Website for your own personal non commercial use provided that you do not modify any of the content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright, trade mark notification or other proprietary notices from such extracts.
6.2 All other reproduction or use of extracts of content from our Website is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used for any commercial purposes whatsoever without our prior written permission.
7 CLIPSTAR COMPETITION
7.1 Please refer to the Clipstar competition terms and conditions for the rules of the competition, including how to enter and vote in the competition.
8 REPORTING INAPPROPRIATE CONTENT
8.1 If you consider any of the User Content to be inappropriate or offensive, please notify us of such content by sending us details of the User Content you consider to be inappropriate and the reason why you consider such User Content to be inappropriate.
8.2 Upon receipt of notification that any User Content is considered to be inappropriate, we will review such User Content and shall decide in our sole discretion whether the said User Content constitutes Inappropriate Content. We reserve the right to remove any User Content which is deemed to be Inappropriate Content in accordance with condition 5.5.
8.3 Please send details of any content which you consider to be inappropriate of offensive to Clipstar:
By e-mail to: moderator@clipstar.com
By post to: Moderation Team, Clipstar, 1 Hulme Place, The Crescent, Salford, Manchester M5 4QA.
9 INTELLECTUAL PROPERTY INFRINGEMENT
9.1 If you are an intellectual property rights owner and consider that any User Content infringes your intellectual property rights, you may notify us of such infringement by sending the following information to us:
(a) identification of the work which you claim to be infringed;
(b) identification of the content which you claim to infringe that work in order to allow us to locate the allegedly infringing material;
(c) your contact details; and
(d) confirmation that you have not authorised the use of the content in the manner complained of.
9.2 Please send details of such infringement to Clipstar:
By email to: infringements@clipstar.com; or
By post to: Infringements, Clipstar, 1 Hulme Place, The Crescent Salford, Manchester M5 4QA.
10. THIRD PARTY WEBSITES
10.1 We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We take no responsibility for the content of external websites. Other websites that we link to are owned and operated by third parties and we have no control over them. The fact that we include links to other websites does not mean we endorse any of the content of any third party website. We accept no liability for any statements, information, products or services that are published on or accessible through any websites owned or operated by third parties.
10.2 We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our Website, will be fit for purpose or of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
11 DISCLAIMER
11.1 This Website and the information and content contained on it are provided "as is" without any representation or endorsement made and without warranty of any kind whether express or implied. We do not endorse any User Content and we expressly disclaim any and all liability in connection with any User Content.
11.2 To the fullest extent permitted by law, we disclaim any liability in connection with use of the Website. In particular, we shall not be liable for:
(a) any errors, mistakes or inaccuracies in the content of the Website;
(b) any unauthorised access to or use of our servers; or
(c) any interruption in use of the Website.
11.3 We will not be liable for any damages including without limitation, any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (a “Force Majeure Eventâ€).
11.5 A Force Majeure Event means any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, war, fire, explosion, storm, flood, earthquake or other natural disaster, the impossibility of the use of public or private telecommunications networks, or compliance with a law or governmental order.
11.6 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12 INDEMNITY
12.1 You agree to indemnify us from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) (whether direct, indirect, economic or consequential) suffered by us arising out of or in connection with any one of the following:
(a) your use of the Website;
(b) a breach by you of any of these Terms of Use;
(c) any infringement by you of the intellectual property rights or privacy rights of a third party or a breach by you of a duty of confidentiality to a third party; or
(d) any Inappropriate Content submitted by you.
13 WRITTEN COMMUNICATIONS
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14 NOTICES AND COMPLAINTS
14.1 All notices and complaints given by you to us (including any complaints that you may have) should be sent to Clipstar:
By e-mail to: complaints@clipstar.com, or
By post to: Complaints Team, Clipstar, 1 Hulme Place, The Crescent, Salford, Manchester M5 4QA.
14.2 We may give notice to you at either the e-mail or postal address you provide to us when registering with us.
14.3 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15 TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of the contract between you and us, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the contract between you and us, or any of our rights or obligations arising under it, at any time during the term of the contract, including due to an asset or business sale of Clipstar Limited.
16 WAIVER
16.1 If we fail, at any time during the term of our contract with you, to insist upon strict performance of any of your obligations under the contract or any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17 SEVERABILITY
17.1 If any of these Terms of Use or any provisions of a contract between you and us are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18 ENTIRE AGREEMENT
18.1 These Terms of Use, our privacy policy, the Clipstar competition terms and conditions (if applicable) and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
18.2 You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these Terms of Use.
18.3 A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
19 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these Terms of Use from time to time and any changes will be posted to our Website.
20 LAW AND JURISDICTION
20.1 These Terms of Use will be governed by English law. Any dispute arising in connection with the same shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.