Terms and Conditions

Important: The following Terms and Conditions apply to footage sellers. If you want to buy and license footage the Footage Usage Conditions apply!

By registering as Interclips footage seller you agree to be bound by and accept the terms of the German Terms and Conditions. The following text is a translation of the German version and not legally binding. It is intended solely for informational purposes! Please read this agreement carefully. This agreement limits Media21's liability and may substantively affect your rights.

Terms and Conditions for footage sellers
Updated: 2008/01/01

1. Ambit and object of the agreement

(1.1) The following conditions apply to the services offered by Schellhorn media-productions e.K. ("Media21") with its principal place of business at Georg-Frank-Straße 12, 93077 Bad Abbach, Germany, to the contracting party via the website Interclips.net ("Interclips").

(1.2) Media21 operates Interclips as an online marketplace for licensing motion picture stock footage ("footage").

(1.3) Footage suppliers ("sellers") may present their footage on Interclips.

(1.4) Footage users ("customers") may browse the Interclips categories and look for the desired footage depending on the associated keywords.

(1.5) The seller offers basic rights of usage to customers according to paragraph 3.2 of this agreement. Customers can acquire the rights of using the footage. They may download and employ it.

(1.6) Media21 provides the platform "Interclips" for sellers and customers only by acting as broker. Footage usage contracts are concluded between the seller and the customer. Media21 supports the seller in clearing and settlement, e.g. by categorization, search features and billing.
Footage usage contracts between seller and customer are concluded in accordance to the terms of the footage usage conditions, which have been accepted by the seller as originator or holder of the right of usage by his registering at "Interclips" according to paragraph 2 of this agreement. Clearing and settlement of a contract is solely done by Media21. There exists no direct business association between seller and customer.
The seller holds the copyright(s) and/or right(s) of usage of the footage offered and is entitled to transfer the rights of usage of this footage. Between the seller and Media21 the provisions of this contract apply.

(1.7) Media21 explicitly rejects all other possible terms and conditions by the footage seller. They apply only in case Media21 accepts them in written form.

2. Registering and Access

(2.1) By opening up a seller account the seller agrees to have read and understood this agreement and to accept it. The seller accepts the conditions of this agreement by ticking the checkbox in the section "Terms and conditions for Footageseller" and by clicking the "Register now" button on the registration page.

(2.2) If any personal information of a seller changes the seller is obliged to update his personal information in the online administration account via the menu item "Personal information".

(2.3) Usage of the login credentials is solely restricted to the seller. By imparting the login username (or user-id) and the associated password to any other third party the seller fully accepts each and every responsibility that may arise from actions performed by a third party from the seller's user account. The seller is fully responsible for any possible abuse caused by their own carelessness.

(2.4) Media21 reserves the right to delete apparently false or incomplete seller registrations.

(2.5) The seller is obliged to create and maintain the technical, organizational and contractual prerequisites for his internet access with sufficient bandwidth. The seller bears all costs for keeping ready and using their internet access.

3. Holding and transferring rights

(3.1) By registering the seller agrees to transfer the following transferable rights on their footage offered at Interclips to Media21 without local, spatial or temporal limitations:

• right of editing: that is the right to edit the footage by using of analogue, digital or other video editing possibilities or to remodel the footage (e.g. cutting, assembling, color correction) under full preservation of reserve of the originator’s copyright
• right to use the footage for self-advertisement in all media without additional costs.

(3.2) The seller offers an irrevocable right of use on his footage to customers. This right of use conforms to the conditions of this agreement, Interclips's footage usage conditions and the price information published at Interclips.

(3.3) The seller is obliged to remove any clip on their own from Interclips immediately and to stop offering it in any other way after being informed that an exclusive right of usage has been obtained.

(3.4) By registering the seller resigns the right of attribution.

(3.5) The seller warrants that they hold the copyright(s), author's right(s) and/or unrestricted right(s) of usage on the footage offered at Interclips. The seller warrants that they are entitled to transfer any right(s) of usage. The seller warrants further that they hold the appropriate right(s), approval(s) and/or permit(s) concerning each and every person, (intended) portraits of persons, buildings and/or places etc. portrayed or displayed in the footage offered at Interclips.

4. Footage check

(4.1) Media21 checks every uploaded clip before its publication for the technical parameters which must match the technical footage requirements published at Interclips. Clips not meeting these requirements will not be accepted. In that case, however, the seller may recreate the clip file with the correct parameters and upload it again.

(4.2) Media21 has the right, but is not obliged to do so, to check the content of the footage. The seller is solely responsible for the contents of the footage, for the legality of the footage and for the legality of the publication of the footage at Interclips. It is explicitly stated that in no case and under no circumstances whatsoever Media21 can assume any liability in this respect.

(4.3) Media21 may alter titles and/or keywords entered by the seller. Media21 reserves the right to reject offered clips or to remove individual clips from Interclips later on without any further explanation.

5. Restrictions of usage

(5.1) The seller must not use Interclips to propagate unlawful contents. In particular, these are offers and presentations which

• invite to a criminal act,
• spread, promote or condone racial hatred,
• promote any criminal or terrorist union,
• glorify war,
• hurt religious feelings and sensitivities,
• show violence, outrages, sexual abuse of children or other sexual actions of any kind
• violate human rights, glorify or downplay cruel or inhuman violence against humans, or show the cruelty or inhuman violence of an action in a matter despising human dignity
• may endanger or have a negative influence upon the development of children, teenagers and other non-adults,
• hurt the dignity and/or personal rights of persons,
• contain utterances violating dignity,
• could damage or harm Interclips or
• contain any other illegal contents or violations of moral principles.

(5.2) Seller agrees not to take any action that imposes, or may impose in Media21's sole discretion, an unreasonable or disproportionately large load on the Interclips' servers or the database or to interfere or attempt to interfere with the proper operation of Interclips or any activities conducted to Interclips. In case of a fraudulent, abusive or other illegal use Media21 locks the account of the seller. A locked seller is not allowed to open up a new Interclips account. In that case Media21 reserves the right to take legal action.

(5.3) If a seller repeatedly uploads footage with incorrect technical parameters or with unallowed or unwanted content, Media21 reserves the right to terminate the contractual relationship. The seller will be informed about this and possible consequences in advance.

(5.4) All preview pictures and preview videos and the database with footage titles and keywords are copyrighted. They may not be reproduced, distributed or developed for public either completely or in parts without prior written permission of Media21.

6. Copyrights and Attribution

The copyright for the footage remains with the seller. Interclips itself is only the platform via which the license agreement between the seller and the customer is concluded. The mention of the seller at the footage use is desired but not mandatory. The name of the seller might be shown in the final credits of a movie in the form "Interclips/Name of the seller" and by using the Interclips logo.

7. Period of time and denouncement

(7.1) This agreement between seller and Interclips is valid for an indefinite term.

(7.2) This agreement may be denounced by either party upon providing 90 days' written notice to the other party. Upon receipt by the non-denouncing party of notice of termination this agreement shall be considered denounced. The seller must denounce the contract via Fax (+49 941 4610202) or via postal mail. The right of extraordinary denouncements is not affected by this.

(7.3) Rights already transferred to customers remain valid and in effect even after the denouncement of this agreement. These rights are not affected by the termination of the agreement.

(7.4) With the termination of this agreement Media21 does no longer have the right to broker the respective footage to customers.

8. Payments and commissions / License fees

(8.1) By accepting this agreement the seller concedes any claims to license fees from the customer to Media21 up to the amount stated in paragraph 8.2. Billing and collecting payments from the customer is solely done by Media21.

(8.2) For supplying and operation of Interclips Media21 receives a rate of 25% (for clips uploaded before January 16th 2008) and a rate of 40% (for clips uploaded after January 15th 2008) of the net sales price (see 8.3).

(8.3) The net sales price is calculated based on the paid license fee minus sales taxes, minus possible discounts and minus costs for movement of payment (e.g. PayPal fees, payment reminders etc.).

(8.4) All advertising expends are covered by Media21.

(8.5) Payouts of license fees take place when the customer has paid the invoice for the licensed footage to Media21. The seller assumes the risk of nonpayment by the customer. Associated credit notes are available in the seller's account. The credit (license fee minus supplying and operation fees according to point 8.2) will be transferred to the seller's PayPal account or to his bank account in Germany at the middle of the following month.

(8.6) Minimum amount for a payout is 30,- EUR.

9. Disclaimer

(9.1) Media21 does not appear as potential seller of copyrights, author's rights or rights of usage on Interclips. Media21 provides only the platform via which a contract concerning the transfer of rights of usage and/or copyrights between the seller and a customer is concluded. Therefore Media21 does not assume any liability whatsoever concerning obligations arising from any such contractual relationship between the seller and the customer.

(9.2) Media21 does not assume any liability concerning correctness, completeness and/or legality of the content of the footage descriptions, the seller's personal information and imprint and the footage offered by the seller. No editorial or content check of the offered footage is conducted by Media21. The preceding provisions apply even if special individual footage has been checked by Media21.

(9.3) Media21 is not liable for damages or harm arising from the use of Interclips or the direct or indirect usage of footage, especially arising from usage contrary to the footage usage contract.

(9.4) Media21 does not warrant that Interclips is always available without interruptions and working without error all the time. Media21 is only liable for loss of data and its reconstruction in cases where such losses could not have been prevented by appropriate and reasonable backups by the seller.

(9.5) Media21 is not liable that licensed footage is suitable for a specific purpose (e.g. TV broadcast) or a specific market or that certain results can be achieved by using Interclips.

(9.6) Media21 does not cover the responsibility that customers can open and import licensed footage without errors in the customer's edit software. Media21 is not responsible that infrastructure or other means of transfer via the internet, which lies outside the area of responsibility and accountability of Media21 or its partners, works and functions properly.

(9.7) The seller warrants that his footage does not directly or indirectly infringe upon the rights of any person or entity, or commit any libel, slander, or other tort involving privacy or publicity, or violate the privacy of any such person or entity. The seller is responsible that they own the required copyrights, author's rights, rights of usage and/or publishing rights. If other parties assert claims against the seller because of violations of their rights, the seller must inform Media21 about this issue immediately. If Media21 is aware of footage possibly violating other parties' rights in this way or another, Media21 is entitled to remove this footage from Interclips. Claims of the seller because of the removing of the footage are foreclosed. The seller exempts Media21 from all first demand claims by other third parties concerning the violation of their rights.

(9.8) The seller is liable for all damages and costs which arise for Media21 from safety defects caused by the seller (e.g. published password).

(9.9) In the application range of the German Telecommunications Customer Protection Ordinance the rules for liability of § 7 par. 2 of the German Telecommunications Customer Protection Ordinance stays unaffected in all cases.

(9.10) Apart from that Media21 is liable only in case of intention and gross negligence. This does not apply for endangering lives, body and health or for the violation of substantial contract obligations. In case of a slightly negligent violation of substantial contract obligations liability is limited to the amount of typical damages within the frame of the contract.

(9.11) The preceding provisions apply also in favor of representatives of Media21 or other persons acting on behalf of Media21. Liability for intention and gross negligence of legitimate representatives of Media21 and product liability stays unaffected.

10. Links

The Interclips website contains links to other internet websites. Media21 can accept no responsibility or liability for the content of other websites that are not under the strict control of Media21. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Media21 of that other Website. Everybody is responsible on their own for checking the terms and conditions and privacy policy of any other website outside Media21.

11. Privacy

(11.1) Media21 does not distribute, sell or rent the seller's personal information to third parties, except as required by law, and uses such information only for the purpose of setting up and processing the contract and accounting purposes. If the seller wants to receive a newsletter he can register via Double-OptIn.

(11.2) Media21 explicitly states that data privacy in open networks like the internet cannot be guaranteed comprehensively at the current state of technology. The seller knows that the provider may look at stored data of the seller on the server from the technical point of view. Other internet using parties may be technically capable to interfere with the network safety unauthorized and to control message traffic under these circumstances. The seller is fully responsible for the safety of the data transmitted from the seller to the internet and for data saved onto servers.

(11.3) Furthermore the legal regulations for privacy apply to all data.

12. Modifications of this agreement

Updates of this agreement will be published on Interclips. Media21 informs sellers via Email (using the Email address in the seller account) four weeks before the updated agreement will come into effect. If seller does not disagree within four weeks, the updated agreement is considered as accepted. For consumers this applies only if the consumer was explicitly informed about that in the Email. If changes are to the disadvantage of the seller they may denounce the agreement within one month after receiving the note of the agreement modifications.

13. Final provision

(13.1) Sole court of jurisdiction for all disputes arising from this agreement is Regensburg (Germany), if the seller is a merchant, artificial person under public law, public fund assets in inland without general court of jurisdiction. Furthermore Media21 is entitled to take legal action against the seller at his general court of jurisdiction.

(13.2) This agreement shall not be modified or amended, nor shall any rights under this agreement be waived, except by written instrument signed by both of the parties. Same applies for the revocation of the requirement of written form.

(13.3) Rights and obligations of these conditions can only be transferred to other parties with prior written permission by Media21.

(13.4) For contracts concluded by Media21 on the basis of these conditions and for any resulting claims applies exclusively the law of the Federal Republic of Germany under exclusion of international private law and of the United Nations Convention on Contracts for the International Sale of Goods.

(13.5) If any provision of this agreement is adjudged to be invalid, void, or unenforceable, that provision shall be deleted from the agreement and shall not affect the validity of this agreement and the enforceability of any other provisions. Instead of the deleted conditions the legal rules apply. Same applies for incompleteness.