1. Definitions
In these Terms of Use:
“WIPO for Creators” refers jointly to the two legal entities, WIPO and MRAF.
“Creators Learn Intellectual Property”, “CLIP” or “CLIP Platform” refers to the online system storing multimedia content and features aimed at raising awareness and increasing knowledge of creators’ intellectual property rights and related processes required for creators to be fairly acknowledged and compensated for their work, regardless of their geographical, cultural or economic conditions. Any reference to Creators Learn Intellectual Property, CLIP or CLIP Platform in these Terms of Use shall be deemed to include the CLIP Account.
“User” refers to any person who accesses or uses the CLIP Platform.
2. Use of CLIP
2.1
CLIP allows the User to access and make use of its online content free of charge subject to conditions described in these Terms of Use. CLIP is provided for public information purposes and the User shall not :
a. use CLIP excessively to the detriment of other Users;
b. perform bulk acquisition, bulk downloading, or bulk storing of content;
c. perform bulk copying, bulk reformatting, bulk sharing or bulk redistributing of content;
d. perform web scraping;
e. attempt to process anything through CLIP that contains malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of CLIP, or harm any other User;
f. perform any other abusive use or use CLIP for any purpose that is unlawful or not intended by WIPO for Creators.
2.2
Under no circumstances may the content and features made available through CLIP be transformed, adapted, commercially re-used, exploited, sold or sublicensed in any way without the prior written permission of WIPO for Creators.
2.3
When making use of the content made available in CLIP, the User shall acknowledge CLIP as the source as follows: “Creators Learn Intellectual Property (CLIP), WIPO for Creators, https:// xxx, last accessed [day]-[month]-[year]” and shall include the following disclaimer: “WIPO for Creators bears no responsibility for the integrity or accuracy of the content contained herein, in particular due, but not limited, to any deletion, manipulation, or reformatting of content that may have occurred beyond its control.”
2.4
WIPO for Creators reserves the right to block access to CLIP at its sole discretion where it is deemed that the use of CLIP does not comply with these Terms of Use.
3. CLIP Account
3.1
The User may create a CLIP Account to store their personal data, facilitate authentication and enable access to saved content and other user experience related features.
3.2
The CLIP Account is a unique, personal account maintained by an individual User. If the CLIP Account is used to represent a company, organization, author or owner of any intellectual property, the User certifies that they are authorized to do so. The CLIP Account must not be used to attempt to impersonate or impersonate another person.
3.3
The information provided during the creation of the CLIP Account and any subsequent edits to this information must be true and accurate and must be maintained as such by the User.
3.4
In order to open a CLIP Account, the User needs to choose a login name and a password (“login information”). The User’s login information is personal and confidential. The User shall be responsible for any damages arising out of, or in connection with, the disclosure of their login information to any other person. The User agrees to contact WIPO for Creators immediately regarding any unauthorized use of their login information as soon as they are aware of it. The User is also advised in such circumstances to change their password without delay.
3.5
WIPO for Creators reserves the right to revoke any CLIP Account at its sole discretion in the event that there has been a period of inactivity that indicates the CLIP Account is no longer in use.
4. Level of service
4.1
WIPO for Creators takes all necessary measures to ensure maximum availability of the CLIP Platform 24 hours per day, 7 days per week. The platform may however be unavailable from time to time for scheduled maintenance or due to unforeseen circumstances. Information about service unavailability or maintenance will be published when possible.
4.2
The CLIP Platform is serviced through an industry standard secured https:// protocol.
5. Intellectual Property
5.1
The User recognizes that CLIP, including the particular form of compiling content, and the presentation and design of CLIP, are protected by applicable intellectual property laws.
5.2
WIPO for Creators retains full ownership including all applicable intellectual property rights of all content and features of CLIP unless otherwise specified.
5.3
When content published on CLIP contains material that belongs to one or more third-party right holders, including, for example, images, graphics, trademarks or logos etc., anyone wishing to use such content is solely responsible for clearing the rights to that material with the rights holder(s).
6. General disclaimers
6.1
WIPO makes every effort to ensure, but cannot guarantee, the integrity, accuracy and completeness of the content made available in CLIP. The content of CLIP is provided on a strictly “as is” basis to help the User to gain general understanding of intellectual property and does not constitute legal advice. The User needs to seek legal advice from an appropriate professional source before taking or refraining from taking any action based on the content of CLIP. The User is fully and solely responsible for the use of the content of CLIP and for any results and consequences of this use.
6.2
WIPO for Creators shall not be liable to the User for any direct, indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties, including, but not limited to, losses of business, revenue or profits, as a consequence of using the CLIP Platform or arising from the failure by other Users to comply with these Terms of Use.
6.3
Hyperlinks to third-party websites imply neither responsibility for, nor approval of, the information contained in those third-party websites on the part of WIPO for Creators. WIPO for Creators makes no warranty, either express or implied, as to the legality, accuracy, or availability of such information.
6.4
WIPO for Creators shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the CLIP Platform resulting directly or indirectly from any cause or circumstance beyond its reasonable control.
7. Disclaimer on names and designations
The names and the designations used in the CLIP Platform do not imply the expression of any opinion whatsoever on the part of WIPO for Creators concerning the legal status of any country, territory, city or area.
8. Modifications of content and features
WIPO for Creators reserves the right to modify, remove or correct any content and features of the CLIP Platform at any time, in its sole discretion and without prior notification.
9. Use of logos
Users and/or third parties do not have the right to use the logos of WIPO for Creators and CLIP and may not, implicitly or explicitly, imply any sponsorship or endorsement by WIPO for Creators and/or CLIP, without the express prior written permission of WIPO for Creators.
10. Personal data and privacy
The User’s personal data is secured and managed by WIPO, and the User acknowledges that WIPO may use their personal data according to the Privacy Policy, which is incorporated herein by this reference.
11. Amendments to the Terms of Use
WIPO for Creators may amend these Terms of Use at any time at its sole discretion. Unless stated otherwise, amendments shall take effect immediately following posting of the new Terms of Use.
12. Privileges and immunities
Nothing in or relating to these Terms of Use shall be deemed or interpreted as a waiver of any privileges and immunities accorded to WIPO as an international organization and specialized agency of the United Nations.
13. Settlement of disputes
13.1
Any dispute between WIPO for Creators and the User arising out of or relating to these Terms of Use that cannot be resolved amicably shall be referred to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.
13.2
WIPO for Creators shall not have any obligation or liability whatsoever with respect to any disputes between the User and a third party, including any other User, that may arise in relation to the use of CLIP.
13.3
These Terms of Use shall be governed by, and construed in accordance with its own terms and any matter which is not expressly addressed in these Terms of Use or which would require interpretation shall be resolved by reference to general principles of public international law.
14. Contact information
For further information, please contact WIPO for Creators: wipoforcreators@wipo.int