Privacy policy

TERMS OF SERVICE AND PRIVACY POLICY
Last Updated: May 2016

The GroupClip application (“GroupClip App”) is operated by AB Concepts B.V., a private company with limited liability, residing in the Netherlands and registered at the Dutch Trade Register under number: 854003691 (trade name: “GroupClip”). By using the GroupClip App you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms, conditions and policies referenced herein. These Terms of Service apply to all users of the GroupClip App (“Users”).

Please read these Terms of Service carefully before accessing or using the GroupClip App. We reserve the right to update, change or replace any part of these Terms of Service without giving reasons by posting updates or changes on the GroupClip App or our website (www.groupclip.com). You can review the most current version of the Terms of Service at any time on the GroupClip App or our website. It is your responsibility to check these pages periodically for changes. Your continued use of the GroupClip App following the posting of any changes constitutes acceptance of those changes.

1. DEFINITIONS
GroupClip: a limited liability company incorporated under the laws of the Netherlands, registered with the Dutch Chamber of Commerce under registration number 854003691, and having its registered office at Van Irhovenlaan 14, 6711 MN Ede, The Netherlands.
Content: all Content you or other Users post, provide, publish, upload, download, display, use, share, distribute or otherwise make available in the GroupClip App, such as videos, photos, images, text, music and audio.
GroupClip App: a mobile app developed by GroupClip, that offers Users an easy and fun way for creating synchronized multi-frame videos together with others.
GroupClip Video: the synchronized or non-synchronized multi-frame video that is created through the GroupClip App.
Privacy Policy: the privacy policy, which applies to the use of the GroupClip App and which is incorporated in these terms of service.
User: you, and every other private person making use of the GroupClip App.
Terms of Service: these terms of service, which applies to the use of the GroupClip App and which also includes our Privacy Policy.

2. WHAT IS THE GROUPCLIP APP?
The GroupClip App is a mobile app that offers Users an easy and fun way for creating synchronized multi-frame videos together with their friends. The GroupClip App lifts social video storytelling to the next level helping Users to create more intriguing, likeable and shareable video content.
Creating (synchronized) multi-frame videos used to be time consuming and required using complicated software. Now, with the GroupClip App, Users can create multi-frame video content in just minutes from the palm of their hand.
With the GroupClip App Users can invite friends or discover other GroupClip App Users nearby and co-record videos together. Within moments, the GroupClip App mashes the co-created videos together as one multi-frame video clip available for all contributors.
The multiple-frame videos clip can easily be edited by (de-)activating individual clips on the timeline. The result is an amazing looking synchronized video clip that automatically switches between the different multi-frame formats. In addition Users can add videos, photos, music and audio. The GroupClip App can also be used in single mode, using just one camera to create non-synchronized multi-frame videos.

3. FACEBOOK LOGIN
3.1 You can login at the Groupclip App by using your Facebook account. If you login at the GroupClip App by using your Facebook account, you agree that we send you app-related notices, such as changes to features of the GroupClip App and special offers. You furthermore agree that we store and process your personal data to the extent necessary to manage your personal account and to provide you the services of the GroupClip App. GroupClip stores and processes your personal data in accordance with the Dutch Data Protection Act. Your submission of personal information is also governed by our Privacy Policy as stated below.

3.2 Notwithstanding the foregoing, you are aware of and agree that your use of your Facebook account is governed by the terms and conditions and privacy policy of Facebook, including, without limitation, Facebook’s password and account security policies related to Facebook passwords and accounts. You are solely responsible for maintaining the confidentiality of your Facebook password, and you are responsible for all activities that occur using your Facebook account related to the GroupClip App. You agree not to share your Facebook password, let anyone else access your Facebook account or do anything else that might jeopardize the security of your Facebook password or the GroupClip App. You agree to notify GroupClip if there is any unauthorized use of your Facebook password or account in connection with the GroupClip App, or if you discover any other breach of security in relation to the GroupClip App.

3.3 GroupClip may suspend, disable, or terminate your access to the GroupClip App or block or remove any Content and GroupClip Video you submitted, if GroupClip determines that you have violated any provision of these Terms of Service or if your conduct, Content or GroupClip Video would tend to damage GroupClip’s reputation or goodwill. If GroupClip deletes your personal GroupClip account or removes any of your Content or GroupClip Video, your Content or GroupClip Video will no longer be available. GroupClip is not responsible for the loss of such Content or GroupClip Video.

4. RULES OF CONDUCT
4.1 We expect you to respect the rights and privacy of others. When using the GroupClip App, you agree en declare that your Content and GroupClip Video will not:
▪ be discriminatory, offensive, threatening, pornographic, obscene, degrading, unlawful, unsafe, harmful, abusive, harassing, stalking, hateful, defamatory, libelous, fraudulent, offensive, inappropriate, vulgar or otherwise objectionable;
▪ be false or misleading;
▪ contain commercial messages;
▪ violate any right of GroupClip or a third-party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) proprietary right;
▪ violate any applicable law, rule or regulation, or could give rise to legal liability;
▪ interfere with, destroy or disrupt the GroupClip App or any hardware or software through which the GroupClip App is made available, including via a virus, worm, malware, spyware, Trojan horse or other similar code, file, or program;
▪ violates any rule of conduct, term or guideline applicable to the GroupClip App; or
▪ be in any other manner unlawful against GroupClip or any third party.

4.2 We have the right (but not the obligation) to pre-screen or monitor any Content and GroupClip Video or any User’s access to or use of the GroupClip App, and to remove or block access to any Content and GroupClip Video for any reason or suspend or terminate any User’s access to or use of the GroupClip App for any reason, including for violations of our rules of conduct or any other provision of these Terms of Service. We have no responsibility or liability with respect to any Content and GroupClip Video, including for any actions that we may take with respect to any Content and GroupClip Video that we determine violates these Terms of Service.

4.3 You are solely responsible for the Content and GroupClip Video you upload or create through the GroupClip App. GroupClip is not responsible nor liable for any Content and GroupClip Video uploaded or created by you, other Users or any other third-party. GroupClip preserves the right to edit or remove Content or GroupClip Videos that in our sole discretion violates these Terms of Service or is otherwise inadmissible.

5. PRIVACY POLICY
GroupClip believes that your personal data should be treated with utmost care. Therefore, we conduct the GroupClip App in compliance with all applicable laws on data privacy, under which the European Data Protection Directive 95/46/EC and the Dutch Data Protection Act. In the below (our “Privacy Policy”) you can read what kind of personal data we collect and how we store, protect and use your personal data if you register at and use the GroupClip App.

▪ Which (personal) data do we collect? When you login at the GroupClip App through your Facebook-account, we collect the personal data of your Facebook-account.
▪ How do we use your personal data? We store and process your personal data to manage your personal account and to provide you the services of the GroupClip App and customer support. We may also use your contact details to send you app-related notices, such as changes to features of the GroupClip App, special offers and newsletters.
▪ Will your (personal) data be shared with third parties? We will not share your personal data with third parties without your permission, unless we are required to provide personal data by court order, by a request for cooperation from a law enforcement or other government agency, to defend or exercise our legal rights, or if otherwise required by law. Other Users can only see your Content and GroupClip Video if you have given them explicit permission thereto in your personal account.
▪ How do we protect your personal data? We work hard to protect your personal data against loss or any form of unlawful processing. We have taken appropriate technical and organizational measures to protect your personal data, which are stored encrypted and only accessible for authorized employees for permitted business functions through a secret password.
▪ How can I view, edit or delete my personal data? You can review, edit or delete your personal data, through your settings at your Facebook-account.
▪ Modifications to this Privacy Policy We may update our Privacy Policy from time to time. When we change this Privacy Policy in a significant way, inform you through the GroupClip App along with the updated Privacy Policy or on our website. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.
▪ Questions? If you have any questions or comments, please send us an e-mail at [q&a@groupclip.com].

6. YOUR CONTENT AND GROUPCLIP VIDEO AND GRANT OF LICENSE
6.1 Ownership. We don’t claim any ownership rights over your Content or GroupClip Video.
6.2 License to GroupClip. By posting, providing, uploading, submitting, sharing, publishing, distributing, making available and/or allowing others to access or use your Content and GroupClip Video through the GroupClip App, you grant GroupClip and its affiliates a world-wide, royalty-free, fully paid-up, perpetual, non-exclusive, transferable, and fully sub-licensable right and license to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works of, display, perform and otherwise use all or part of your Content and GroupClip Video, by any and all means and through any media and formats now known or hereafter discovered, but solely in connection with the GroupClip App and/or the business activities of GroupClip (such as, without limitation, for promoting and marketing the GroupClip App, displaying your Content and GroupClip Video within the GroupClip App, synchronize your Content and GroupClip Video with Content and GroupClip Video of other Users, archiving or preserving your Content and GroupClip Video for disputes, legal proceedings, or investigations, and/or to comply with other legal or technical requirements). Additionally, to the extent permitted under applicable law, you hereby waive and agree not to assert any and all rights that you may have under laws worldwide that concern “moral rights” or “droit moral,” or similar rights, in connection with your Content and GroupClip Video.
6.3 License to other Users. By posting, providing, uploading, submitting, sharing, publishing, distributing, making available and/or allowing other Users to access or use your Content and GroupClip Video through the GroupClip App, you acknowledge and agree that your Content and GroupClip Video may be viewed by other Users, and you grant that other Users permission to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works of, display, perform and otherwise use all or part of your Content and GroupClip Video within the GroupClip App for their personal, non-commercial purposes.

7. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION
7.1 You can share your Content and GroupClip Video via email or third-party services such as Facebook, YouTube, Twitter, WhatsApp and more. GroupClip has no control over such third-party sites and services. If you choose to share your Content or GroupClip Video on a third-party site or service, you do so at your own risk, and you understand that these Terms of Service do not apply to your use of such sites. You are solely responsible and liable for your Content and GroupClip Video and the consequences of posting, publishing it, or sharing it through the GroupClip App or other media.
7.2 You affirm, represent and warrant that: (i) you have obtained all necessary licenses, rights, consents, permissions and waivers to use and submit your Content and GroupClip Video in the GroupClip App and to grant the licenses set forth above to GroupClip and other Users; (ii) GroupClip will not need to obtain licenses from any third party or pay royalties to any third party for the license GroupClip is granted in relation to your Content and GroupClip Video; (iii) your Content and GroupClip Video do not infringe any third party right, including intellectual property or privacy rights; (iv) if you use videos, photos, music, audio or other content of third parties, you have obtained all necessary licenses, rights, consents, permissions and waivers for this use and you do not infringe any third party right, including intellectual property or privacy rights; and (iv) your Content and GroupClip Video complies with these Terms of Service and all applicable laws.
7.3 You indemnify, defend, and hold harmless GroupClip and its affiliates, directors, officers, employees, and agents, from and against all third party actions that arise from: (i) your Content and GroupClip Video; (ii) your use of the GroupClip App, your and other Users’ Content or GroupClip Video; (iii) your violation of any term of these Terms of Service; or (iv) your violation of any law or infringement of any third party right, including intellectual property or privacy rights.

8. DISCLAIMER
8.1 GroupClip provides the GroupClip App on an “as is” and “as available” basis. You therefore use the GroupClip App at your own risk. GroupClip does not guarantee, represent or warrant that your use of the GroupClip App will be uninterrupted, timely, secure or error-free. GroupClip reserves the right to modify its services and (the functionalities of) the GroupClip App at any time without reason and at its sole discretion. GroupClip is no case liable to you for any such update or modification.
8.2 To the maximum extent permitted by the applicable law, the GroupClip App is provided without warranties of any kind. GroupClip expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
8.3 GroupClip has no obligation to screen or monitor any Content and GroupClip Video and does not guarantee that the Content and GroupClip Video made available by Users on the GroupClip App complies with these Terms of Service, complies with the applicable laws, does not infringe the rights of others, and is suitable for Users of all age.
8.4 If any disclaimer or limitation of liability does not apply, all applicable warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the GroupClip App. No warranties shall apply after such period.

9. LIMITATIONS OF LIABILITY
9.1 To the maximum extent permitted by the applicable law, GroupClip shall in no event be liable for: (i) any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of goodwill, loss of Content, GroupClip Videos or other data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or related to your use of the GroupClip App or the unauthorized access to your personal account; (ii) the inaccessibility of the GroupClip App or the incompleteness or inaccuracy of the information on the GroupClip App; (iii) any damage you suffer through acts or omissions of GroupClip, other Users or third parties; or (iv) any damage arising from or related to your Content and GroupClip Videos or the Content and GroupClip Videos of other Users.
9.2 This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if GroupClip has been advised of the possibility of such damage.

10. INTELLECTUAL PROPERTY RIGHTS OF GROUPCLIP
10.1 The GroupClip App is protected by intellectual property rights. GroupClip is the holder of all intellectual property rights (such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, mask works, information, proprietary rights, processes copyrights and trademarks) on the GroupClip App (including but not limited to the GroupClip trademark, logo, domain name, format, design and software), and the (user)data collected by GroupClip. These intellectual property rights are the sole property of GroupClip and will remain the sole property of GroupClip at all time. The GroupClip App is intended solely for your personal, non-commercial use. Any other use of the GroupClip App requires the prior written permission of GroupClip. GroupClip is entitled to use the (user)data collected through the GroupClip App for commercial purposes, in accordance with our Privacy Policy, the European Data Protection Directive 95/46/EC and the Dutch Data Protection Act.
10.2 You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the GroupClip App and you will not reproduce, modify, adapt, create derivative works based on, perform, display, publish, (re)distribute, transmit, broadcast, sell, license, exploit, decompile, reverse engineer, or disassemble the GroupClip App, nor will you take any measures to interfere with or damage the GroupClip App. All rights not expressly granted by GroupClip are reserved.
10.3 In the event of a breach of this article, Users will be liable to GroupClip for an immediately payable amount of EUR 5.000,- per breach and EUR 500,- for each day on which the breach continues, without prejudice GroupClips right to opt for damages instead of this amount.

11. MODIFICATIONS OF TERMS
GroupClip may update, change or replace any part of these Terms of Service at any time without giving reasons by posting updates or changes in the GroupClip App or on our website (www.groupclip.com). You can review the most current version of the Terms of Service at any time in the GroupClip App or on our website. It is your responsibility to check these pages periodically for changes. Your continued use of the GroupClip App following the posting of any changes constitutes acceptance of those changes.

12. SEVERABILITY, WAIVER, REMEDIES
If any part of these Terms of Service shall be held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms of Service which shall remain in full force and effect. No failure or delay by GroupClip in exercising any right hereunder will waive any further exercise of that right. GroupClips rights and remedies hereunder are cumulative and not exclusive.

13. LAW AND JURISDICTION
These Terms of Service and all agreements between you and GroupClip shall only be governed by and construed in accordance with the laws of the Netherlands. All disputes arising out of or in connection with these Terms of Service and all agreements between you and GroupClip shall be exclusively submitted to the competent court of Amsterdam in the Netherlands.

14. COMPLAINTS, COMMENTS, SUGGESTIONS
GroupClip always strives for optimal service. If you have complaints, comments or suggestions, please let us know and send us an e-mail at [q&a@groupclip.com]:

Copyright © 2016 AB Concepts B.V.
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