CONTENT AND COPYRIGHT POLICY

1. TWO-TIER LICENCE CHAIN (PRINCIPLE)

Clipnity renders the campaign service to the Creator in its own name and for its own account and engages Clippers in its own name and for its own account. No contract is concluded between the Creator and the Clipper. The rights in the content are therefore granted on a two-tier basis:

Creator → Clipnity (head licence) → Clipper (sub-licence)

a) Head licence from the Creator to Clipnity. Upon the start of a campaign, the Creator grants Clipnity a narrow, versioned licence in the source material made available, including the express right to sub-license to Clippers engaged by Clipnity. The licence covers exclusively the approved material and applies only to the approved third-party platforms, the specified territory and the specified duration, and subject to the takedown rule (Section 5). The version of the campaign rules in force at the start of the campaign is decisive.

b) Warranty of rights by the Creator. The Creator warrants that he holds all rights required for making the material available and for granting the head licence, in particular copyright and related rights, rights in any music contained therein, rights of the persons involved or depicted (talent, right to one's own image), trade mark rights as well as rights in connection with recording locations (venue). To that extent, the Creator indemnifies Clipnity against third-party claims.

c) Sub-licence from Clipnity to the Clipper. Upon participation in a campaign, Clipnity grants the Clipper a non-exclusive, non-transferable sub-licence in the source material, limited to the performance of that campaign. The sub-licence cannot exceed the scope of the head licence and terminates together with it. If the head licence ends by lapse of time, termination or withdrawal, the sub-licence expires at the same time; Clipnity informs the Clippers concerned and requests them to remove or unpublish the material.

d) Warranty of the Clipper. The Clipper's warranty is limited to his own contributions to the clip (for example his own recordings, editing, texts and elements added by himself) and to compliance with the sub-licence. The Clipper gives no warranty in respect of the source material provided by the Creator. Conversely, Clipnity indemnifies the Clipper against third-party claims based on the source material, provided that the Clipper has complied with the campaign rules and the sub-licence.

e) Rights in the finished clip. The Clipper grants Clipnity the non-exclusive rights of use in the finished clip required for the performance of the campaign, including the right to transfer them onward to the Creator within the scope of the campaign rules. The granting of rights is an ancillary, non-independent obligation of the service; no separate licence fee is agreed or paid for this.

f) Rights of Clipnity in all other respects. Beyond that, Clipnity receives in user content only a non-exclusive, simple right of use which is limited to hosting, moderation, abuse review, billing, support and compliance with statutory obligations. Any use for marketing purposes takes place only with the separate consent of the respective rightholder, relating to the specific material and revocable at any time.

2. PUBLICATION AND SUBMISSION

Clips are published by the Clippers on their own accounts on third-party platforms (for example TikTok, Instagram, YouTube) and are subsequently submitted to Clipnity for the campaign. There is no prior approval of individual clips; the publication licence already exists from the moment of participation in the campaign. The subsequent review of a submission determines the claim to remuneration, not the licence to publish.

3. CONTENT STORED BY CLIPNITY

Clipnity stores content made available by users – in particular Creators' campaign material, media shared in messages and preview images of submitted clips – exclusively for the purpose of providing the service. Clipnity does not acquire ownership of user content, does not watermark it, does not exploit it beyond the service and does not further distribute it.

4. REPORTING INFRINGEMENTS OF RIGHTS (ART. 16 DSA)

If you are of the opinion that content on Clipnity's service infringes your rights, in particular your copyright or related rights, you can report this to us electronically at contact@clipnity.com.

So that we can review your report, please state:

• your name and your e-mail address,
• a sufficiently substantiated explanation of why, in your view, the content is unlawful (statement of reasons),
• the exact location, for example the URL of the clip on the third-party platform or the clip, campaign or group reference at Clipnity (location),
• a statement that you are convinced in good faith of the accuracy and completeness of the information you provide,
• in the case of copyright reports: a statement that you are the rightholder or are authorised to act on behalf of the rightholder.

Reports that are so precise and so adequately substantiated that the unlawfulness is apparent without a detailed legal examination give rise to actual knowledge within the meaning of Art. 16(3) DSA (Digital Services Act).

If your report contains electronic contact details, we will confirm receipt to you without undue delay.

5. HANDLING OF REPORTS AND MEASURES

We review reports in a timely, diligent, non-arbitrary and objective manner and decide without undue delay. We inform you of the outcome without unnecessary delay and, in doing so, draw your attention to the available remedies (objection pursuant to Section 7 and recourse to the ordinary courts).

The following is important for the scope of our measures: the clips are located on the Clippers' accounts on third-party platforms. Clipnity can therefore only act within its own service and in particular:

• block or remove the submission, so that it is no longer visible in the service and does not trigger any further claims to remuneration; outstanding remuneration items are put on hold pending clarification,
• remove content stored at Clipnity (for example campaign material or preview images),
• in the case of repeated or serious infringements, suspend or terminate the account of the user concerned.

Clipnity cannot itself delete the clip on the third-party platform. However, under the sub-licence the Clipper is obliged to delete or unpublish a challenged clip on the third-party platform without undue delay, insofar as the campaign's takedown rule applies or the complaint is justified (clause 11(7) of the Terms). In addition, rightholders may make use of the reporting procedures of the respective third-party platform (for example the copyright reporting procedures of TikTok, Instagram and YouTube); for the removal of the clip on the third-party platform, this route is regularly the fastest.

6. STATEMENT OF REASONS TO AFFECTED USERS (ART. 17 DSA)

If we block or remove content, restrict its visibility, suspend remuneration or suspend or terminate an account, the user concerned receives a clear and specific statement of reasons at the latest from the time the measure takes effect. Pursuant to Art. 17(3) DSA, this contains in particular:

• the nature, scope and duration of the measure,
• the relevant facts and circumstances, including whether the measure is based on a report,
• information as to whether automated means were used; at Clipnity, reports and objections are currently reviewed exclusively by a human being,
• in the case of unlawful content, the legal basis; in the case of infringements of our terms of use or group rules, the contractual basis of the decision,
• information about the available remedies, in particular the objection pursuant to Section 7 and recourse to the ordinary courts.

Note on Section 3 of Chapter III DSA. Clipnity is a micro enterprise within the meaning of Recommendation 2003/361/EC. The additional provisions for providers of online platforms, in particular the internal complaint-handling system pursuant to Art. 20 DSA and the out-of-court dispute settlement pursuant to Art. 21 DSA, do not apply to Clipnity pursuant to Art. 19(1) DSA. The procedure under Section 7 is provided voluntarily and independently thereof.

7. OBJECTION

Both the user concerned and the reporting person may lodge an objection against our decision on a report or measure within six months of receipt of the notification, electronically to contact@clipnity.com. Please identify the decision concerned (for example by the clip or campaign reference) and state why you consider the decision to be incorrect.

We review objections in a timely, diligent and non-arbitrary manner and respond within 14 days of receipt. The decision on an objection is taken by a human being. If a measure proves to be unfounded, we lift it without undue delay.

If remuneration depends on the decision, a review by a human being always takes place before a claim to remuneration finally lapses.

If we pass on information from a report or objection to the other party, we limit the disclosure to the information required and inform the person concerned in advance.

8. MISUSE OF THE REPORTING PROCEDURE

If a person frequently submits manifestly unfounded reports or objections, we may suspend the processing of further submissions from that person for a reasonable period after prior warning. In doing so, we are guided by the standards of Art. 23(2) DSA, which is not directly applicable to Clipnity pursuant to Art. 19(1) DSA. Intentionally incorrect reports may give rise to claims for damages.

9. SINGLE POINT OF CONTACT (ART. 11 AND 12 DSA)

Single point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services (Art. 11 DSA) as well as for the users of the service (Art. 12 DSA):

You can communicate with us directly by e-mail and thus without exclusively automated means. Communication is possible in German and English.