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Terms of Service ("Terms")
The following Terms govern the contractual relationships between zipstrr GmbH, Rheinstr. 59, 12159 Berlin, Germany ("Zipstrr") and the natural persons, legal entities and legally responsible partnerships (hereinafter "User", "Users") who wish to use the services of and register for the Zipstrr platform (hereinafter "Platform"), available via the Zipstrr mobile application ("Zipstrr App") offered for certain mobile telephones or other mobile devices.
Terms and conditions provided by a User do not apply, regardless of whether or not Zipstrr has expressly objected to them in a particular case.
At any time, the current version of the Terms may be viewed, printed and downloaded at https://www.zipstrr.com.The defined terms used herein (such as User, Consumer etc.) refer to all genders.
Description of Zipstrr Services
The Platform provides Users with the opportunity to create assembled movies including video, "zips" (short clips created by an individual user) text and sublicensed music/sound and to categorize them with a hashtag or specific other tag (each such composition a "Zipstrr"). The movies can be displayed private (only to watch for the participants in this movie) or public. Users may publicly display and share their movies by uploading them to the Platform, share them on other social platforms (such as Facebook, Vine, Instagram) and delete their movies at any time.
Users may access all public movies uploaded by other Users to the Platform and search for movies based on their tags. Users may also "favorite" other Users’ movies, "vote" for Zipstrr’s and follow tags or Users, which generates lists with favorite tags and/or favorite Users. The movies and other content shared on the Platform by Users are hereinafter referred to as "Content".
The Platform services are free of charge for the "standard" user, but will also allow for premium memberships (paid) or business services (paid).
If the Service of Zipstrr is provided free of charge Zipstrr reserves the right to change, interrupt or discontinue the operation of any or all of its services provided on the Platform at any time.
Minors under the age of 18 are only permitted to register for, access and/or upload zips or movies to the Platform, if they have the express written consent of their legal guardians, which they will submit upon Zipstrr’s request to firstname.lastname@example.org
User is free to request to remove his movies from the Platform or delete his entire User Account at any time.
Account Information and Security
The Access Data shall be given fully and correctly.
The User Account will be linked to the specific device. User shall notify Zipstrr by contacting email@example.com without undue delay, if there are signs of unauthorized use of his User Account. User is not entitled to grant the use of the User Account, and to transfer his User Account to any third party. User is responsible for all activity that occurs on his User Account. Zipstrr shall not be liable for loss or damages caused by any unauthorized use of the User Account or loss or unauthorized use of the Access Data.
Requirements for Content posted on the Zipstrr App
Any Content posted by the User on the Platform must comply with these Terms and must in particular not contain any prohibited content as set out in section 6 of these Terms.
Use of the Content
By posting or otherwise publishing any Content on the Platform, User grants Zipstrr the non-exclusive, worldwide, royalty-free, sub-licensable right to use the respective Content in order to provide the Zipstrr Service to the User .
In the event that a Content is removed from User’s Account or that the User’s Account is deleted, Zipstrr’s rights in the respective Content shall expire. However the right to use any Content that User has shared on other Users’ profiles shall remain unaffected hereof.
User shall use the Platform without exception only in accordance with these Terms and any applicable laws, and any third party rights (including but not limited to personal rights, copyrights, intellectual property rights and data protection rights). Any use of the Platform that violates laws or rights is prohibited. It is particularly, without limitation, forbidden:
to upload and distribute pornographic, insulting, abusive, offensive, racist, threatening, youth protection law infringing, personal rights infringing, promoting violence or sedition, inciting criminal acts, providing instructions on how to commit criminal acts and / or any other illegal Content;
to upload and distribute Content that has been copied, in whole or in any part, from any other protected work or material without the permission of the respective copyright owner;
to upload and distribute Content that affects or infringes the rights of any third party, in particular personal rights, copyrights or other intellectual property rights or any other third party rights;
to upload and distribute Content that contains personal, confidential or non-public information;
to invite people to take part in competitions, snowball schemes, chain letters, pyramid schemes and similar promotions;
to provide wrong data or information
to use other Users’ data and information without their express permission;
to attack the Platform with a worm, virus, spyware, malware or any other harmful means; the User undertakes not to post any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding the Services), could interfere with the operation of the Zipstrr services;
to alter, to manipulate, to bypass, to overload or interfere with the Platform and its underlying software and security systems.
Zipstrr reserves the right , to refuse the upload of any Content and to delete or remove any uploaded Content that violates or is alleged to be violating these Terms; in these events Zipstrr shall act without prior notice and without liability to the User.
Zipstrr has the right to block User´s Account temporarily or permanently if there are specific reasons for Zipstrr to believe that User violates these Terms, any third-party rights or any applicable laws. In the event of permanent blocking or deletion, User is not entitled to open up a new User Account or to use any other existing account.
User’s Warranties, Responsibility
User is solely responsible for his conduct and his Zipstrrs posted on the Platform. User warrants that he will use his User Account and the Platform in accordance with these Terms. User especially warrants that he will not use the Platform in any prohibited way as set out in section 6 above.
User is solely responsible for his Content and for any private or public obligations and liabilities in connection with his Zipstrrs and/or Content and the licensing of his Zipstrrs and/or Content. User warrants that the Content submitted to or otherwise published on the Platform is in accordance with these Terms and does not infringe any third-party rights or any applicable law/s.
Zipstrr has no obligation to make the Platform available to User or to obtain any rights from User.
The User is solely responsible for any Content that he posts on the Platform and for any consequences thereof. Zipstrr shall not be liable for the availability, accuracy, completeness and legality of any Content nor for any link to a third party’s website, or availability, accuracy, content or services from such websites. Zipstrr shall not be liable for any misconduct of any Users or any third party.
Zipstrr will make every effort to provide a stable and powerful service in cooperation with its service partners and data processing centers. However, potential service failures due to malfunctions or maintenance works cannot be excluded and do not constitute a defect of service. Zipstrr cannot guarantee the absence of viruses or any other harmful components from the Platform or Zipstrr’s software. The use of the Platform and the services are provided "as is". Zipstrr is free to alter the services at its own discretion at any time without such alterations constituting a defect of service.
Zipstrr shall not be liable for failure to timely perform its services due to an event beyond its reasonable control, including, without limitation, force majeure, computer viruses, acts of terrorism, civil unrest, war, strikes, fires, power cuts or epidemics.
Change of these Terms
Zipstrr reserves the right to change these Terms at any time without indicating the reasons. Zipstrr will notify User of the changed Terms on the website, the mobile application or via email no later than four weeks before they take effect. The notification will include a link to the full version of the changed Terms. If User does not object to the new Terms within four weeks after receipt of the notification, the amended Terms shall be deemed accepted. Zipstrr will specifically indicate the possibility of objection and the significance of the four-week deadline to User in the notification. In case of an objection, the contractual relationship between User and Zipstrr will be terminated and User’s Account will be deleted by the time the new Terms take effect.
For these Terms, the laws of the Federal Republic of Germany shall exclusively apply under exclusion of the UN Convention on the International Sale of Goods (CISG) and – as far as legally possible – the conflict of law rules, without prejudice to any mandatory conflict of laws provisions which may be applicable in User’s country of residence.
The sole place of jurisdiction for all disputes arising under these Terms is – as far as legally admissible – the company headquarters of Zipstrr, unless the applicable law mandatorily requires another place of jurisdiction.
As far as an individual provision (whole or in part) of this agreement should have no legal effect this shall not affect the validity of the remainder of the contract. To the extent that the terms have not become part of the contract or are ineffective, the contents of the contract are determined by the statutory provisions. (Sec. 306 par. 2 BGB).
© 2018 zipstrr GmbH | All Rights Reserved.
zipstrr GmbH – represented by:
Dr. Christopher Lorenz
CEO | Co-Founder
Tel: +49 151 153 065 48
Commercial Register: amtsgericht charlottenburg in berlin hrb 96456 b
VAT registration number: DE241195280
zipstrr GmbH has used its best judgement and efforts in compiling information for the Website. Some of the statements on this website are based on currently available information. Naturally, such statements are subject to risks and uncertainties. Factors such as the overall economic development, future market conditions, unusual catastrophic loss events, changes in the capital markets as well as other circumstances may cause the actual events to be materially different from those anticipated. As such, zipstrr GmbH and its affiliate companies do not assume any responsibility for the accuracy, completeness or timeliness of such statements. Likewise, in no event shall zipstrr GmbH and its affiliate companies be liable for any decision made and action taken in conjunction with the statements on this site or for any related damages. Furthermore, zipstrr GmbH cannot be held liable for any loss or damage caused by any virus or similar as a result of use of the Website.
The Website contains certain hyperlinks which enables the user to leave the Website and enter third party websites. zipstrr GmbH has no control or influence over the contents of third party websites and as such accepts no liability for the contents of any linked third party website.
The texts contained on this website, the sound, animation and video files, the layout as well as the graphic works are copyrighted and subject to other intellectual property laws. Some of the contents and images on this website are subject to the copyrights of third parties. This website does not grant the user any licences or any other rights related to the intellectual property displayed on this site, save where explicitly stated otherwise. It may only be reproduced, changed or used for any other purpose given the express consent of zipstrr GmbH and further authorised parties. Unless explicitly stated otherwise in particular cases, the information contained on this website may only be printed or downloaded for personal and non-commercial use.
“zipstrr" and various other trade names of affiliates are trademarks protected in various jurisdictions. Other product names referred to on the Website may also be protected trademarks.
When the user accesses the Website, possible identification data and other information may be recorded. zipstrr GmbH will treat such information in the strictest confidence and reserves the right to use such information for statistical purposes only. If the user sends zipstrr GmbH an e-mail, zipstrr GmbH will only use the user’s address for correspondence and in responding to the user’s request.
If any clause or provision of these terms and conditions is adjudged by a competent court of law to be invalid, the remaining terms and conditions shall remain in full force and effect.
Governing Law and Jurisdiction
These terms and conditions shall be construed in accordance with the laws of the Federal Republic of Germany. The courts of Berlin shall have jurisdiction to determine any dispute relating to these terms and conditions and use of the Website.
We take the protection of our Users’ (hereinafter "User/you/your") personal data very seriously and strictly comply with applicable data protection laws and regulations. Below we provide you with an overview of what personal data we collect, store, process and use and and how we ensure the protection of the data.
The responsible authority as defined in § 3 VII BDSG (German Federal Data Protection Act, Bundesdatenschutzgesetz) is Zipstrr GmbH, Rheinstr. 59, 12159 Berlin, Germany (hereinafter "Zipstrr" or "we/us/our").
Collection, Storage and Use of Personal Data
"Personal Data"means any information concerning the personal or material circumstances of an identified or identifiable individual (for instance name or address).
You may search and browse the website http://www.zipstrr.com (the "Website") and the mobile application ("App") without submitting any Personal Data.
In order to fully use the Zipstrr services on our Website or App (the "Platform"), you will need to register and thereby submit Personal Data regarding your contact details (email address or telephone number) and yourusername and password. After registration we collect and store the data you submit to create your own profile (for instance your name, pictures, vidoes, your location). The submission of any profile data is optional. We will collect, store and use this Personal Data as described below.
After registration for the Zipstrr App we may contact you via email or notification provided that you have given your explicit consent (Opt-in) if (i) a User liked your Zipstrr or (ii) a User started to follow you. .
You can withdraw your opt-in of the notification services by changing your settings regarding notification services at any time.
If you order Zipstrr’s newsletter via double opt-in process, you agree to Zipstrr using your name and email address sending you a newsletter. At any time, you may withdraw your opt-in by using the unsubscribe-link in the newsletter or by informing us at firstname.lastname@example.org.
Any further use of your Personal Data requires your explicit consent. At any time, you may revoke your consent to the future use of your Personal Data by informing us at email@example.com.
At any time you may consult the specifications of your consents and change your Personal Data in the settings in your User Account.
After you end the use of the Zipstrr services, your Personal Data will be blocked for further use and deleted after the mandatory storage periods as defined in the applicable laws and regulations have expired.
Data Transfer to Third Parties
We will transfer your Personal Data to a third party only if permitted by law, e.g. if we are obliged to transfer the data due to a government or court order, or if applicable legal provisions authorize the transfer, or if you have given your explicit consent.
We use access tokens that contain the security credentials for a login session and identify the User.
If you sign in to the Zipstrr App with your username and password a token will be locally stored via iOS-Keychain on your mobile device, which we will subsequently use for the authentication and authorization process.
This Website uses Google Analytics, a web analysis service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as "Google". Google Analytics uses "cookies", which are text files placed on your computer to help the Website analyze how User's use the Website. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the US. In case IP-anonymisation is activated on this Website, your IP address will be truncated within the area of Member States of the European Union or other contracting parties to the Agreement on the European Economic Area, prior to transmission. Only in exceptional cases the whole IP address will be first transferred to a server of Google in the US and truncated there. The IP-anonymisation is active on this Website. Google will use this information on behalf of Zipstrr for the purpose of evaluating your use of the Website, compiling reports on the activities of the Website and to render further services in connection with the use of the Website to Zipstrr. The IP address that your browser conveys within the scope of Google Analytics will not be associated with any other data held by Google.
For further information please visit http://www.google.com/analytics/terms/gb.html.
For the Zipstrr App we use Crashlytics, a service that provides us with information about the functioning of the Zipstrr App, in particular with information about how and under what circumstances the Zipstrr App crashed and on the occurrence of bugs. Therefore, the service looks for crashes of the Zipstrr App and allows us to report bugs, then analyses the collected information and provides bug/crash reports to us. We use Crashlytics to collect such information to improve the Zipstrr App.
Crashlytics automatically collects certain information that does not personally identify the User who accesses or uses the Zipstrr App. This information includes, but is not limited to, device state information, device hardware and OS information, information relating to how an application functions, the user interactions and the physical location of a device at the time of a crash.
We do not provide Crashlytics with any user-identifiable information, such as User’s email address or User name.
Further information on how Crashlytics collects and uses User data is available at http://try.crashlytics.com/terms/.
Consent and Right to information, correction, deletion and blocking of your Personal Data
According to § 13 sec. 2 TMG (German Telemedia Act, Telemediengesetz) you may revoke any consent regarding the collection, storage, processing and sharing of your Personal Data at any time. Please be aware, that any revocation of consent is effective only for future collection, storage, processing and sharing of your Personal Data.
The German Federal Data Protection Act (Bundesdatenschutzgesetz) guarantees your right to information, correction, deletion or blocking of your Personal Data. Zipstrr shall provide you with information regarding the stored Personal Data upon request, but free of charge and without delay. The information can be provided electronically, if desired. In cases regulated by law we are obliged, upon request, to correct, block or delete the data stored about you. Please direct all requests directly to: firstname.lastname@example.org
For your own security, please understand that in the event of a request for information or a change we have to verify your data.
We have installed technical and organizational measures in order to safeguard our Platform against loss, destruction, access, changes or the distribution of your data by unauthorised persons. However, we cannot guarantee a complete protection for data transmitted to us against all dangers at all times, because information via the internet is not completely secure.
The access to your Zipstrr User account is possible only on the device with which you registered, or devices with which you verified your email or phone number against. You shall treat your access information confidentially.
If you have any queries about the security of our Platform, please do not hesitate to contact us at any time at email@example.com