§ 1 Contracting Parties; Contractual Object
- The Android release of the videmic app can additionally transfer videos from smartphone to smartphone within a radius of about 30 meters in seconds and free of charge. Video transmission does not require a network infrastructure (cellular mobile network or WiFi networks), but takes place directly from device to device. In the Android release of the videmic app, users can select the appropriate settings to transfer their videos with the videmic app to all other users (with matching hashtags), or only to users with whom a friendship was previously made (so-called “friends”), or to mark the videos as private and not transfer them to anyone. All videos released by the user in the Android release of the videmic app for transmission are automatically transmitted to other users with thematically matching hashtags or only to “friends” as soon as they are within a radius of about 30 meters without any further action on the part of the user. Using the automatic transfer function, each user can receive up to seven new videos from other users. Afterwards the user has to confirm or delete these with corresponding functions of the videmic app in order to receive (up to seven) new videos again.
- The file size of a video is limited to 360 MB. The length of a video is limited to 10 minutes.
§ 2 Registration and Fundamentals of Use
- A minimum age of 16 years is required to register and use the videmic app. The use of the videmic app is only allowed for non-commercial, private purposes. Commercial use is reserved for videmic partners. The development and operation of the videmic app is financed by advertising, especially proximity marketing, and can (only) therefore be offered to the user free of charge. Therefore, videos that a user receives with the videmic app can also be advertising messages from videmic partners.
§ 3 Duration and Termination of the Use Contract
- The contract for the use of the videmic app begins with the installation and first use by the user and is concluded for an indefinite period. The user can stop using the app at any time and uninstall the videmic app on his device. This contract is thus also terminated. The installation and use can be carried out again at any time and the contractual relationship can be re-established with it.
- videmic reserves the right to temporarily or permanently discontinue the operation and further development of the videmic app as well as its business operations at any time without prior notice and without giving reasons and without observing a deadline. This does not give rise to any claims against videmic.
§ 4 Use of the videmic App
- The videmic app allows users to record videos themselves, import videos from other applications and play videos everywhere as often as desired. Without internet!
- If a user, who does not operate a channel, creates a video with the videmic app or imports a video into the app, this video will only be stored on his smartphone. Users distribute videos stored on their smartphones virally via device-to-device transfers as soon as they meet other users with matching hashtags. By releasing a video for other users, the user agrees that the video may also be used by other users, i.e. it may be played with the videmic app and transmitted to other users.
- By sharing a video with other users, the user also agrees that other users may share and comment on a teaser of that video (i.e. the first 25 seconds of the video and a personalized extension with a call-for-action) on social networks such as Instagram, Facebook and twitter, or send it to friends using messenger services such as WhatsApp.
- Every user, especially a user with high-quality video content such as a video creator, film/TV production company, music label etc. can make his videos publicly accessible to all other users worldwide in his own channel in the videmic app. In the following, such users are called channel operators. The user sets up a channel himself via the “Set up channel” function in the videmic app. To set up a channel, the channel operator must import a logo for the channel and at least three of his videos into the videmic app. The channel operator assures that he has sufficient rights to make these videos accessible to other users worldwide.
- After a channel operator has published a video in his channel in the videmic app, the video is automatically uploaded to a videmic server. After the specified date of publication, this video will be automatically transferred to the videmic app of the smartphones of each of his subscribers as soon as they are connected to the internet via a WiFi network. Instead of specifying a date of publication, a channel operator can also associate his video publication with the channel of an event. In this case, the video will be automatically transferred to the videmic app of the smartphones of only those users, who attend this event.
- Users who have stored a video of a channel on their smartphone distribute this video virally via device-to-device transfers as soon as they meet other users with matching hashtags.
- videmic reserves the right to delete a video from a channel operator on the videmic server if the video has not been downloaded by at least 100 different users in the previous 30 days in order to save on operating costs of the service.
- Furthermore, by setting up the proximity marketing mode of the videmic app at an event or in a retail store, a channel operator can only transfer one or more of his videos from his smartphone to the users who are currently attending the event or the retail store by device-to-device transmissions. Such channel operators are called videmic partners. To set up the proximity marketing mode, a personalized access code is required, which the videmic team will assign to the videmic partner upon request and upon conclusion of a separate agreement.
- All videos published in channels are protected against uncontrolled reproduction outside the videmic app, especially against copying to a PC. For videmic partners, videmic offers an additional digital rights management (DRM) solution to provide even more effective protection against unauthorized duplication of their videos outside the videmic app. videmic partners can also individually determine the period during which their video can be accessed.
- By publishing a video, the channel operator may allow subscribers to his channel to share and comment on a teaser of that video (i.e. the first 25 seconds of the video and a personalized extension with a call-for-action individually agreed between the channel operator and videmic) on social networks such as Instagram, Facebook, and twitter, or send it to friends using messenger services such as WhatsApp.
§ 6 Obligations of the User
- The user may not modify, decompile or edit the videmic app in any way.
- The user may only use the videmic app for the purpose of creating videos, importing videos from other applications, playing, deleting, and sharing own videos with other users. The user is obliged to ensure that only he has access to the videmic app installed on his mobile device and associated with his chosen nickname.
- videmic guarantees and assures that the user holds all rights to the videos distributed via the videmic app necessary for use and if necessary transmission to and use by third parties and that conflicting rights of third parties (e.g. personal rights, copyrights, ancillary copyrights, trademark and trademark rights, etc.) neither exist nor are violated. The user is obliged to clarify the rights to the content and any personal rights of third parties in good time before creating or importing videos into the videmic app.
- By releasing one of his videos to other users, the user agrees that videmic may use the video or thumbnails (preview images) of the video to promote the videmic app. This agreement is also valid if the user or channel operator terminates his contractual relationship with videmic, unless the user or channel operator expressly objects to further use after termination of the contract.
- Users who are not videmic partners are prohibited from distributing videos that serve their own commercial or business purpose and videos with advertising in any form for commercial offers from third parties with the videmic app to other users.
- content (videos) to which the user does not have all rights necessary for distribution (e.g. copyrights, ancillary copyrights, consents under personal rights and trademark rights)
- legally forbidden contents as well as illegal or immoral contents; also references to such contents. In particular, this includes contents which serve the incitement of the people within the meaning of §§ 130, 130a and 131 StGB, lead to criminal offences or glorify or trivialize violence or are sexually offensive, are pornographic within the meaning of §§ 184 ff. StGB, are liable to endanger children or young people morally or impair their well-being, infringe the copyright, industrial property rights or personal rights of third parties or damage the reputation of videmic;
- content containing a virus or other malicious code;
- personal data about third parties or from third parties without the express consent of the third party.
- The user undertakes to immediately delete the affected videos from the videmic app of his mobile deviceand not to continue / reuse and transfer them at the latest when he becomes aware of an illegality.
§ 7 Violation of User Obligations
§ 8 Liability, Notice and Take-Down, Disclaimer
- videmic is not liable for the uninterrupted availability of the app, nor for technical transmission delays or failures. videmic endeavors to correct errors occurring in the videmic app as quickly as possible. videmic is not responsible for the technically correct functioning of the operating system and IEEE 802.11, Bluetooth and NFC radio technologies on the user’s terminal device. videmic is also not liable for damages resulting from failures or delays due to unforeseeable events for which videmic is not responsible (events of force majeure).
- The users are liable for their behavior and the content used and transmitted with the videmic app. videmic has no knowledge of the content of the videos or the use/transmission of conflicting rights of third parties.
- If videmic is informed about a violation of rights by an owner of a content used with the videmic app, in particular transmitted content, and is requested to remedy the violation, videmic will examine this accusation and, if necessary, request by electronic notification the user who transmitted the video or otherwise illegally used it, to delete the content and to refrain from any further use (in particular transmission). The user will receive the corresponding electronic notification the next time his mobile device connects to the Internet, after videmic has checked the request to remedy the infringement.
- videmic is not liable for damages due to the loss of data or contents of the users. Users are solely responsible for the security of their data and content on their mobile devices.
- Furthermore, claims for damages against videmic (as well as its legal representatives, employees and vicarious agents), for whatever legal reason, as well as claims for compensation of futile expenses are excluded, unless videmic has violated its obligations intentionally or grossly negligently or violated the rights of the user. The above limitation of liability does not apply to damages based on injury to life, body or health or in the event of liability under the Product Liability Act.
§ 9 Final Provisions
- The courts at videmic’s registered office shall have exclusive jurisdiction for legal disputes arising from or in connection with the use of videmic’s services. If the user has no permanent residence in Germany, has moved his residence or habitual abode abroad or if his residence or habitual abode is not known at the time the action is filed. In all other respects, jurisdiction arises from the statutory provisions.
- German law shall apply exclusively. The contract language is German.
videmic GmbH, Berlin, Germany. July, 17, 2018