Terms of use

Rank the Cover is a community website that allows users to upload, view, share and comment on videos. We want our community to be healthy and supportive, and ask that you carefully read and respect our

Terms of Use

(TOU). Some key points are below.

REPORTED CONTENT:

Under current law, Rank the Cover does not monitor content uploaded to the site. We do, however, rely on our community to notify us of any inappropriate behavior or content. All reported content (video or comment) is systematically checked and removed if it infringes our Terms of Use.

RESPECT THE COMMUNITY: A LITTLE REMINDER ABOUT USING RANK THE COVER RESPONSIBLY

Rank the Cover does not accept shocking or objectionable. The following are completely prohibited:

  • Pornographic material
  • Content that can incite physical violence or harassment, especially incitement to racial hatred

In cases of flagrant violation of these terms, we may report the content and its uploader to the relevant authorities.

RESPECT COPYRIGHT AND PERSONALITY OR LIKENESS RIGHTS:

All works whatsoever (articles, books, songs, movies … and videos!) can only be reproduced with the permission of its creator, the author: this is the base of copyright. A work belongs to its author or rights owner, and he or she alone can consent to any reuse or reproduction. Likewise, individuals have a right to control images of their own likeness, and you cannot film people and distribute the video without their consent.

When you want to upload a video to Rank the Cover, you must, in accordance with our TOS, make sure you have permission of any other authors implied in its production (director, screenwriter, musician, etc .). You can read more about copyright here.

EXPRESS YOURSELF, BUT BE COURTEOUS TO OTHERS:

Rank the Cover invites all users to participate by posting videos or commenting on videos posted by others. However, we do not tolerate videos or comments that incite hatred, deny the Holocaust, or that otherwise constitutes hateful speech towards people or communities on the basis of ethnicity, gender, age, religion, disability or sexual orientation.

It is crucial to respect the other members of the community: we won’t permit any threats, insults, persecution, harassment, or disclosure of personal information of other users. If we receive reports of such behavior, the users’ accounts will be suspended immediately.

DON’T SPAM:

To keep the site clean and easy to use, please do not create titles, descriptions or tags unrelated to the content of your video in order to increase the number of views or otherwise advertise to other users. Similarly, comments that violate the rules mentioned above will be removed.

GET MORE FROM RANK THE COVER:

We h4ly encourage you to take advantage of all features that are offered on the website. Upload videos, share and exchange with those who share your interest, but keep it clean!

WE ASK THAT YOU READ THESE TERMS OF USE CAREFULLY. THEY SHOW THAT THE COMMUNITY NATURE OF THE WEBSITE IS GREATLY IMPORTANT TO US WHILE RESPECTING THE RIGHTS OF EVERYONE. THESE GENERAL TERMS OF USE (“TERMS”), WHICH ARE GOVERNED BY DUTCH LAW, SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE “RANKTHECOVER.COM” (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE RANKTHECOVER.COM WEBSITE, THE “WEBSITE”), PUBLISHED BY RANK THE COVER (

LEGAL INFORMATION

). BY ACCESSING/VISITING OR USING THE WEBSITE IN ACCORDANCE WITH THE TERMS SET OUT BELOW (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY (“YOU” OR “YOUR” AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF RANK THE COVER (

LEGAL

) INCLUDING BUT NOT LIMITED TO, RANK THE COVER’S PRIVACY POLICY. IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO RANK THE COVER THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.

1.DESCRIPTION OF THE WEBSITE

Rankthecover.com is an innovative and original free video hosting website which enables users to access, view, upload, share and comment on their personal videos. Since the Website is not designed to back up video data, you are responsible for taking all necessary precautions in that regard. Finally, and in accordance with Internet practice and custom, advertisements may be incorporated into the Website.

2.YOUR INTELLECTUAL PROPERTY RIGHTS

If you have registered and have a Rank the Cover account pursuant to which you upload video files you create, including comments on videos, Rank the Cover does not own Your Content. By making Your Content accessible to other users (as a body, or by individual group), you agree to allow any users of the Website free of charge and for personal use only, to view and transmit Your Content on or through the Website, on other electronic communication media or technology (e.g. smartphones, tablets, connected TV, game consoles), for the entire period in which Your Content is hosted on the Website. In addition, for the entire period in which your content is hosted and strictly by means of the features that enable the Website to be accessed via the Internet or through other electronic communication media or technology, you authorize us to reproduce/display Your Content and, as necessary, adjust its format for that purpose. Please note that due to the intrinsic nature of the Internet, data transmitted – including Your Content – are not protected against the risks of misappropriation and/or piracy, for which we shall not be liable. You are responsible for taking all appropriate steps to protect such data, where applicable.

3.OTHER USERS’ INTELLECTUAL PROPERTY RIGHTS

Other users of the Website have provided other content subject to these Terms of Use and other notices and policies set forth on the Website. You may access other users’ content solely:

  • for your information and personal use;
  • as intended through the normal functionality of the Website; and
  • for Streaming.

“Streaming” means a digital transmission of an audiovisual work via the Internet from the Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing user’s content for any purpose or in any manner other than Streaming is expressly prohibited. If you wish to use another user’s content for any other purpose, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.

Moreover, in regards to the export functionality of the Rnk the cover player, you represent and warrant that, you will not embed Your Content or other users’ content on any website that or include any element that (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc…) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vii) constitutes a threat to public order or standards of decency and good morals or (viii) violates any applicable laws.

4.OUR INTELLECTUAL PROPERTY RIGHTS

The Website is our exclusive property. As a general matter, we grant you a free, personal, non-exclusive and non-transferable right to access and use the Website, which right is conditioned on your compliance with the Terms. All other rights are expressly excluded without our prior written consent. The Content (other than Your Content and other users’ content) included on or accessible through the Website, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “Rank the cover Content”), is the exclusive property of Rank the Cover and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and is subject to applicable laws and regulations. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Website, which right is conditioned on your compliance with the Terms. Rank the Cover Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Rank the Cover or Rank the Cover ‘s licensors. You agree to not use or exploit the Rank the Cover Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Rank the Cover Content. All rights not expressly granted in the Terms are reserved to Rank the Cover and its licensors.

5.OUR LIABILITY AS HOST

We are under no legal obligation to monitor content transmitted via or stored on the Website. Our only obligations as host concern (i) the fight against certain content in accordance with the procedure described in the

Prohibited Content

section, (ii) the retention of your connection data, which is moreover subject to an obligation of confidentiality and treated in compliance with the laws and regulations relating to

6.Personal Data

, and (iii) the removal of all clearly illegal content which has been effectively brought to our attention.

YOUR LIABILITY AS USER

As a supplier of content on the Website, including videos, comments on videos and you are required to comply with the laws and regulations in force. You are thus responsible for ensuring that Your Content stored on or disseminated through the Website (i) does not violate the intellectual property rights of third parties (including video-clips, television shows, animated and unanimated short, medium and/or feature-length films and advertisements that you have not personally created or for which you have not obtained the necessary authorisations from third parties or copyright royalty collection organizations who hold the rights to them), (ii) does not cause personal injury (including defamation, insults, abuse, etc.) or an invasion of privacy, or (iii) is not contrary to public policy and accepted moral standards (including attempts to justify crimes against humanity, incite racial hatred, child pornography, etc.).

By uploading or disseminating images to or through the Website, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions you may have with owners of copyright royalty collection organizations.
Failure to comply with these provisions will result in Your Content being removed as set out in paragraph 5 and/or your account being deactivated without prior notice. In addition, you may be personally liable to the specific criminal sanctions applicable to the content in question (fines and imprisonment), in addition to being ordered to pay damages, where applicable
. In view of the collective nature of the Website and out of consideration for the feelings of all, users are responsible for maintaining certain ethical standards with respect to the videos and/or comments made available online and, in particular, for refraining from disseminating any violent or pornographic content. A “this video may offend” link appears next to each Player in order to allow misuse to be reported by other users, should this be necessary.

Moreover, as a user of the Website, you shall not (i) falsely increase the number of views, impression of or clicks associated with Your Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.

7.REGISTRATION AND ACCESS

In order to use the Website’s features, you must set up an account using the online registration form. You are free to modify the

Personal Data

you provide on the form at any time. Upon validating the form, you will receive an e-mail asking you to click on a link in order to confirm your registration. You may access your account by entering your user ID and password, which you alone are responsible for keeping secure. Registration entitles you to use the Website for an unlimited period of time. We reserve the right to terminate your use of the Website at any time, by e-mail, subject to reasonable notice. Failure to satisfy your aforementioned obligations in respect of liability may result in access to your personal space being temporarily or permanently suspended, immediately and without notice, through the deactivation of your account, without prejudice to any other rights we may have.

8.AVAILABILITY OF THE WEBSITE

In principle, the Website may be accessed 24/7, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Since we are automatically subject to an obligation to use our best endeavours, we shall not be liable for damage of any kind due to the Website being unavailable.

PROOF, RETENTION AND STORAGE

The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of e-mails exchanged, registration forms sent and comments posted. Registration forms are stored on reliable and durable media, as required by current law. It is agreed that in the event of a contradiction between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative.