Terms of Service

Terms of Use Agreement
Beatclip Ltd.

1. General terms, offered Services and Data Privacy Regulations

The services offered through the “beatclip” website and application (beatclip App), are provided by the Beatclip Ltd – Malta (Beatclip Ltd.).
Beatclip Ltd Malta is a member of the
APP Volution AG

c/o Säntis Treuhand GmbH
Fadenrainstrasse 7
9053 Teufen AR

1.1. Offered Services

Through the services provided by beatclip, the user has the ability to create personal picture stories or sequences by adding music or other sounds to personal photographs or other images (beatclip). The beatclip App uses a special algorithm which creates a certain sequence of the images or photographs in connection with the characteristics of the added music or sound. Once the user has created a beatclip by using the beatclip App, it will be stored on his device and on the Beatclip Ltd. servers.

Every user who decides to create an own beatclip account, can share his created picture stories with others via the beatclip App, or third-party services such as Facebook, Instagram, Google and YouTube. Other users can like the beatclips one has shared through the above mentioned channels.

The Beatclip Ltd. has no control over third-party sites and services. Sharing the beatclip is done at the user’s own risk.

1.2. General Terms of Contractual Agreement

By downloading, accessing or using the beatclip App, a license agreement is concluded between Beatclip Ltd. and the user. The user therewith signifies that he has read, understood, and agrees to be bound by this Terms of Use Agreement. The Terms of Use contain regulations regarding the access to the App, including all kinds of websites, widgets, information, texts, graphics, photographs, videos, links, sounds and music tracks, uploaded, published or shared by the user through the beatclip App.

The App is accessible for anybody (private user, commercial user, artists, etc.) via different mobile devices and is offered by Beatclip Ltd. through the “Apple iTunes-Store” as well as will be available through the “Google Play Store”.
Beatclip Ltd. does not guarantee that the app will be compatible with any mobile device. Whether the app is compatible with the user’s mobile device, is his sole responsibility.

1.3. Special Terms of Use

For certain offers provided by Beatclip Ltd., Special Terms of Use will apply. The Special Terms of Use complement or advance these Terms of Use in case that any regulations of the Special Terms will diverge from these Terms of Use.

All free services provided by Beatclip Ltd. might be changed into fee required services. The user will be notified about any service changes in advance. The user will then have a right to terminate the agreement by either deleting his user account or by terminating the use of the beatclip App. If a service is offered as free of any fees, the user does not obtain any legal right to claim free services over an unlimited duration against Beatclip Ltd.

1.4. Sources of Content and Responsibility for IP-Rights

The beatclip App user has the ability to create own beatclips by combining his own images and photographs with his own sounds or his own music, located and stored on his device. By producing a picture story and sharing it through the beatclip App or third party channels, the user is solely responsible for his beatclip and any sharing of it through his account. The user is responsible for ensuring that he has all Intellectual Property Rights for any shared content that he creates via the beatclip App – especially for the music, sounds, images and photographs. He also agrees that Beatclip Ltd. shall not be liable for any violation of any laws or rights of third parties, including without limitation Intellectual Property and Privacy Rights and Rights of Publicity, arising from or related to his creation or use of any of his content.

1.5. Expansion and Reduction of offered Third Party Services

beatclip has the right to expand or reduce the offered implemented third party services, such as Facebook, Google, etc. at any time. No legal right to access any offered third party service can be derived from the fact that such services are offered at any particular time.

The user is solely responsible for saving any generated user content, shared through any third party service, such as data, texts, files, information, images, photographs, videos, music tracks, sounds, narration, links and other materials, and has no legal rights against Beatclip Ltd., in case the service offer will be terminated.

1.6. Creation of User Accounts

Sharing a beatclip through the beatclip App or through third party services requires the user to create a user account and to enter the following necessary log-in credentials:

- Nickname
- Email address
- Password

It is the user’s choice to select his real name as his nickname or to use a pseudonym instead.

The user can also enter his gender and his date of birth to his profile which is not necessary for creating a beatclip Account.
Due to security and data safety reasons, the password should consist of at least eight characters, containing special characters, numbers as well as upper- and lower-case letters and should not be of any systematic combinations.

1.7. Data Safety

Beatclip Ltd. cares about the privacy of its Users. The user is aware of the fact, that by creating a user account as well as by uploading, adding and sharing user content, such as images, photographs, music and sounds he will transmit personal data to Beatclip Ltd. which will be stored on the Beatclip Ltd. servers in different countries throughout the world.
The log-in credentials as well as all other personally identifiable and aggregate data regarding the user’s person will be collected and processed in accordance with the applicable Data Safety and Telemetry Laws only.
No personal data will be disclosed to third parties at any time, unless the user has given his explicit consent or the applicable laws allow a disclosure by Beatclip Ltd.
Please see the beatclip Privacy Policy for the exact description of the handling of personal data.

1.8. Accessibility of Data and Information on the Internet

All data and information uploaded to the beatclip App will be stored on Beatclip Ltd. Servers. The beatclips created by a user who has registered with a user account, will be published on the Index Page of the beatclip App and displayed to all other users, unless the user changes the privacy settings of the particular beatclip or in general in order to keep the beatclip or the whole user content private. beatclips with unchanged privacy settings will be available for every beatclip user through the beatclip App, no matter whether the user has a user profile or uses the beatclip App as a guest without registration.

beatclips shared through third party channels, such as Facebook, Google, Instagram, YouTube, etc. will be available to anybody using those services. The availability of the shared content is influenced and controlled by the users privacy settings within those third party services and cannot be changed or controlled by Beatclip Ltd.

1.9. Provision of Service

Beatclip Ltd. is trying to make its services accessible for a possibly high number of users. Due to a high technical diversity regarding mobile devices, operating systems, browser types and other technical specifications, Beatclip Ltd. cannot guarantee compatibility with all existing devices, operating systems and browsers. In case a sound use of the beatclip App is not possible on certain devices, this shall not be considered an act of discrimination or aimed exclusion of single users from the services by Beatclip Ltd.

2. Termination of Agreement

2.1. Termination of Agreement regarding Free Services by the User

The user has the right to terminate the agreement between himself and Beatclip Ltd. regarding the use of any free service at any time without showing cause. The termination can be simply carried out by deleting the user account. If a user decided to terminate the agreement by deleting his account he should be aware of the fact, that all stored and created user content will be deleted irredeemably. In such case the user will have no right to claim any recovery or reconstruction of his content towards Beatclip Ltd.

2.2. Termination of Agreement Regarding Free Services by Beatclip Ltd.

Beatclip Ltd. has the right to terminate any agreement regarding the use of free services with a 30-days notice. In such case the user will be notified by email.

2.3. Termination for Grave Cause

The right to terminate any agreement for grave cause remains unaffected. Beatclip Ltd. can invoke a grave cause especially in case a user fails to comply with or infringes a material clause of this Agreement, as i.e. Clause 3.1., 4.1. In such case Beatclip Ltd. has the right to exclude the user form any access to the offered services for now as well as for the future. Beatclip Ltd. will in such case delete the user account including all user content.

3. Licenses, Responsibility for Content, Liability

3.1. Users Responsibility for Content

The user carries the sole responsibility for all uploaded, added, shared or published content (images, photographs, music, sounds, etc.). He is especially responsible for the fact that the uploaded, added, shared and published content comply with all applicable laws and these Terms of Use.
The user guarantees, that the content especially but not solely
does not infringe any third party rights such as i.e. Intellectual Property Rights, Patents, Trademarks, General Rights of Privacy, etc.;
Furthermore does not violate any applicable laws, i.e. Rules on the Protection of Minors, Constitutional Rights, etc.;
And are of complete and correct content.
If the user uploads, ads, shares or publishes any personal identifiable data of third persons, he is responsible for proof of explicit consent of those third persons to the use of those data.

3.2. Obligation to check and erase Data

Beatclip Ltd. does not watch, control or approve any uploaded, added, shared or published user content ex ante. Therefore Beatclip Ltd. is not responsible for any user content. This applies regarding any Intellectual Property Rights of third parties as well as completeness, correctness and validity of the data. In an abundance of caution, Beatclip Ltd. dissociates itself from any notion and opinion possibly published and transmitted though its services.

In case Beatclip Ltd. receives information about any content that violates applicable laws, court or official rulings, any terms of this Agreement, third party rights or public safety and peace, it has the right to process such content and submit it to governmental institutions for purposes of investigations. Beatclip Ltd. also has the right to delete such content immediately, in case there is a statutory rule, official or court order or a contractual obligation that allows or binds Beatclip Ltd. to do so, or if the content has to be deleted in accordance with Beatclip Ltd’s. professional judgment.

3.3. Liability for Violation of Rights through User Content

Beatclip Ltd. is only offering a platform for its users to create beatclips and share such among each other as well as with third parties.

Beatclip Ltd. is under no circumstances liable for any content. It is especially not liable for incorrect or incomplete content as well as for losses or damages occurring due to the use or consumption of any content uploaded, added, shared or published via the beatclip App.

Beatclip Ltd. can also not be made liable and does not accept any guarantee or warrantee for the compliance and non-violation of user content with third party rights.

In case user content infringes or violates any rights of third parties including without limitation Privacy and Intellectual Property Rights of third parties, the user carries the full liability for such infringements and violations.

In case the beatclip App is used commercially, every commercial user agrees to defend, indemnify and hold harmless Beatclip Ltd. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from any infringement of the above mentioned third party rights and contractual terms.

3.4. Granting of Rights and User License

The User acknowledges that beatclip is the sole property of Beatclip Ltd. The User is granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) license to use beatclip for the purpose of accessing and using the services. Except as expressly authorized by Beatclip Ltd., the user may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part. The user agrees not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the application or services. The user is not allowed to copy any part of beatclip or make commercial use of, rent, lease, loan, sell, publish, sublicense, distribute, assign or otherwise transfer any part of beatclip to any person.

beatclip uses FFmpeg under the LGPLv2.1. beatclip does not own FFmpeg. You can find the owners of and more information about FFmpeg at https://www.FFmpeg.org/

The user grants Beatclip Ltd. a non-exclusive, transferable, sublicensable, free of charge, worldwide license for any added, uploaded, shared or published user content. All content, the user uploaded, added, shared or published through the beatclip App, using free of charge Beatclip Ltd. services, will be stored on Beatclip Ltd. servers and will be marked with a Beatclip Ltd. watermark.

The license includes the right to make the above mentioned content accessible for any third party user through the beatclip App as well as through other internet sources in accordance with Data Protection and Privacy regulations, unless the user decides to chose different privacy settings for his content, only making the content available for himself and / or for a defined group of third party users.

The license terminates as soon as the user content or the user account have been erased by either the user himself or Beatclip Ltd., unless the user content has been shared with third party users prior to erasing the content either through the beatclip App or through other channel.

The license also terminates in case the user changes the privacy settings for originally publicly shared content and makes it only accessible for a certain group of third party users or just for himself.

4. Special Obligations for the Use of Beatclip Ltd. Services

4.1. Prohibited Actions

While using the Beatclip Ltd. Services, the user may not take the following actions:
Sending chain letters or mass-mailings;
Enforce or action illegal pyramid- or structural-sales & -distributions;
Enforcement or action of sexually explicit or harassing communication in a way that violates the protection of minors and personality rights;
Publishing of extrimistic or extremisticly marked as well as Constitution-infringing or -violating content.
Furthermore the user undertakes to omit any abusive actions, as i.e.
Avoiding technical safety precautions;
Obtaining services by fraud;
Utilizing services in a way that can or will lead to damage or functional losses of services;
Spreading of any viruses and/or malware;
Copying parts of the services or the whole service;
Sharing or reconstructing any source code for commercial, abusive or destructive purposes;
Parsing and / or automated reading of software, directories, data or content from the Beatclip Ltd. Services;
Creating, sharing, publishing or integrating external apps or other content, which is liable to corrupt the young without guaranteeing the necessary age controls and limitations.

4.2. Exclusion and Damage Compensation Rights, Suspension and Erase of User Accounts

In case any user undertakes any of the prohibited actions mentioned above, Beatclip Ltd. has the right to suspend the user from its services and claim compensation for possible damages towards the user.
Beatclip Ltd. in such case also has the right to block or erase a user account without prior notification. The right of termination for grave cause stays unaffected

6. General liability and warranties

6.1. Liability for own actions

Beatclip Ltd. is only liable for any own action within the scope of legal provisions, according to the following principles, no matter what the legal basis of liability might be:
Beatclip Ltd. is liable without limitation for damages concerning life, body and health as well as for any other damages caused intentionally on the part of Beatclip Ltd., its legal representatives, agents or other employees.
The liability of Beatclip Ltd. is limited in the case of a contractual damage to the compensation of damages which in a typical contract would be foreseeable, and which are due to a slightly negligent infringement of fundamental contractual obligations by itself, its legal representatives, agents or other employees. Fundamental contractual obligations shall mean duties which are essential for the proper execution of the contract and on which the contractual partners regularly rely upon.
For any other cases of slight negligence, Beatclips Ltd’s. liability is restricted to a payment of EUR 500,00 per damage.

6.2. Availability of Service

The availability of Beatclip Ltd’s. services are mainly depending on third party services, such as network availability of the internet or mobile-network supplier, the reliability of the hosting partner and the availability of third party content. Beatclip Ltd. can neither be made liable, nor responsible for the availability of those services. In case any user content will be lost, due to inadequate performance of the third party services, the user does not gain any damage compensation or other rights towards Beatclip Ltd.

6.3. Third Party Content

The beatclip App may contain links to third-party websites, information, materials, products, advertisements, services or promotions that are not owned or controlled by Beatclip Ltd. as well as other third party content. Beatclip Ltd. cannot be made responsible or liable for any such third-party websites, information, materials, products, advertisements, services or promotions. In case a user accesses a third party website from the beatclip App, this is done at his own risk.

In case a contract is concluded between a user and a third party through a third-party website, information, products, advertisement, services or promotion, those dealings of contract and any other connected terms are solely agreed between the user and the third party. Beatclip Ltd. will neither gain any rights, nor be put under any obligations through such contractual agreement.

The user will not gain any guarantee or warranty rights towards Beatclip Ltd., regarding any third party offers.

Beatclip Ltd. also does not guarantee for correctness or actuality of any third party offer, published through its app.

7. Final provisions, Notification Procedures and Changes to the Agreement and / or services

7.1. Changes to the User Terms

Beatclip Ltd. has the right to change these Terms of Use with effect for the future, at any time, in order to apply statutory changes, changes of services or closing of possible identified legal gaps.

Any changes or adjustments of these Terms of Use will be undertaking in accordance with the legal provisions and will be announced under beatclip.com as well as through the beatclip App at least four weeks in advance.

All users who are registered with a user account and / or use any paid services will receive a separate additional notification email about any change of these Terms of Use. Any rights and obligations for users of paid services, occurring from the change or modification of the Terms of Use are listed within the special terms of use for the particular service.

The changes and adjustments become effective, in case the user does not opt out within four weeks of the notification. Beatclip Ltd. will also explain the rights to opt out and the effects of not doing so within the same notification.
If the user disagrees to the changes or adjustments within the mentioned timeframe, the Terms of Use shall remain valid in its previous form.

7.2. Technical Changes and Adjustments of the Services

Beatclip Ltd. regularly implements technical innovations in order to improve its services. This way single functions and features can be changed, adjusted or deleted. Parts of the services can be changed, terminated or the whole service can be canceled and stopped by Beatclip Ltd. at any time and without prior notification.

7.3. Governing Law

The law of the Republic of Malta shall apply to all offered services in accordance with these Terms of Use as well as to all possible legal disputes regarding Beatclip Ltd and the services offered.

To the maximum extent permitted by law, the user agrees, that the courts of Valletta, Malta, are the sole proper forums for any legal dispute regarding Beatclip Ltd. and these Terms of Use.

7.4. Entire Agreement/Severability

If any provision of this Agreement is invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.