Terms of Use - Bitmovin Community

Bitmovin Community Terms of Use

Bitmovin, Inc. (“Bitmovin”) is pleased to provide its customers with this virtual user community in order to share feedback, best practices, and help build user capabilities. We want to give our customers an open, free, and transparent platform for knowledge-sharing between Bitmovin users. This community is monitored by Bitmovin, but we cannot assure that all of the information is complete, accurate, and up to date or that the questions asked in the community will be answered. We ask that you treat other members of this community with the respect with which you would like to be treated, and we will remove access from any user who does not do so or provides comments which violate the rights of others or do not conform with these Terms of Use.

The following is the complete terms and conditions governing the use of this community (our lawyers made us say this).

ACKNOWLEDGMENT AND ACCEPTANCE

You must read and accept these Terms of Use before using or accessing this webpage or community (the “Community”). Use or accessing the Community constitutes your acceptance of these terms. These Terms of Use constitute a binding agreement between you and Bitmovin.
These terms are in addition to Bitmovin’s Terms and Conditions available at: https://bitmovin.com/terms/. If there is any express inconsistency or conflict between the Terms and Conditions and these Terms of Use, these Terms of Use shall control with respect to the use of the Community.
Bitmovin provides this Community in order for Bitmovin’s customers and Community users to share tools, processes, workflows, advice, reference materials, and other materials which may improve your use of Bitmovin’s products and services. In consideration of your use of and participation (even passive participation, such as reading any materials made available through the Community) as part of the Community, you agree that these terms and conditions (“Terms of Use”) and Bitmovin’s privacy policy (“Privacy Policy”) shall apply to and govern your participation in the Community.

Users are solely responsible for the security of their Community account. Bitmovin reserves the right to revoke or suspend participation in the Community to any user at any time for any reason or for no reason. Bitmovin does not knowingly collect information from users who are under the age of 18 or the age of majority in their jurisdiction, if higher. Any use of the Community for commercial purposes is solely at your own risk, and Bitmovin assumes no liability for such use.

Bitmovin reserves the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of the Community) to be bound by any such changes.

Bitmovin is committed to protecting your privacy. Our Privacy Policy governs the practices and the types of information we collect and is available at: https://Bitmovin.com/privacy. Bitmovin’s Privacy Policy is incorporated into these Terms of Use by reference.
In order to vet an individual for participation in the Community, you must provide and Bitmovin may collect information such as first name, last name, company, job title, and email address. Bitmovin will not share or use this information other than to assure only eligible participants are admitted to the Community.
Bitmovin does not require that you provide personal information as part of your participation in the Community. However, to take full use of the Community, you might have to provide certain personal information. By providing any personal information, you consent to the collection, processing and storage of your personal information in accordance with Bitmovin’s Privacy Policy and these Terms of Use.

Notwithstanding anything to the contrary, any information you provide as part of your participation in the Community may be transferred to third parties which facilitate provision of the Community.
Bitmovin reserves the right to make reasonable deviations from its Privacy Policy to accommodate the needs of this Community. For example, Bitmovin may allow users to contact one another via Bitmovin-assigned handles but will not share the email addresses associated with those Usernames. Alternatively, Bitmovin may provide user contact information to accommodate valid abuse and law enforcement requests such as DMCA take down notices.

GRANT OF RIGHTS; RESTRICTIONS; RIGHT TO MODIFICATION; AND SHUT DOWN

Subject to the terms and conditions hereunder, you are hereby granted with a non-exclusive, non-transferrable, right to participate in the Community, for your own internal use, until and unless such time as Bitmovin chooses to discontinue provision of the Community to you. Bitmovin reserves the right to limit or revoke your access to the Community, in its sole discretion, at any time, and for any reason, including, but not limited to, technical difficulties or violation of these Terms of Use. Bitmovin reserves its right to shut down a user's access if it believes the user is abusing the Bitmovin products and services or Community (including by abusing any private, nonpublic communication).
Other than the rights expressly licensed hereunder to you, no other rights or interest whatsoever in any of Bitmovin's products and services and/or any component thereof, are transferred or granted. You may not use the Community to reverse-engineer or to build a product or service which competes with Bitmovin’s product and services.
You acknowledge and agree that Bitmovin has the right, at any time and for any reason, at its sole discretion with or without notice to you: (i) to terminate and/or shut down (temporarily or permanently) the operation of the Community (or any features within the Community); (ii) to redesign or modify the organization, structure, specifications, "look and feel," navigation, features and other elements of the Community and/or any part thereof; or (iii) change access to the Community from time to time for you or for users generally at Bitmovin’s sole discretion, without prior notice to you.
You may cease your participation in the Community at any time and for any reason. You are not required to specifically inform Bitmovin when you cease your participation in the Community.
You acknowledge and agree that if Bitmovin disables access to your account, you may be prevented from accessing the Community, your account details, and any other content which is contained in your account or related to you.

PARTICIPATION IN THE COMMUNITY

You acknowledge and agree that you are responsible for your participation in the Community. You agree to take all reasonable precautions to protect your username and password and access to your account. Bitmovin shall not be liable to you or any third party for any failure by you to prevent unauthorized access to your account. Usernames and passwords may not be shared with other persons or entities.
You must also abide by the following rules of conduct in connection with the Community:

Do not engage in any unlawful conduct in the Community. In particular, do not post, publish, or distribute any defamatory, offensive, obscene, infringing, or other unlawful material or information in the Community.
Do not engage in personal or ad hominem attacks of any type.
Do not use offensive language.
Do not engage in disruptive activity in the Community, such as persistent off-topic Contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
Do not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites, or otherwise violate applicable law.
Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses.
Do not employ any type of bots for the use of scrolling, showing multiple screens, obfuscating, or other activities that might disrupt online communication.
Do not falsely impersonate any person.
Do not use the Community to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
Do not misrepresent the source of anything you contribute.
Do not advertise your own business or engage in solicitation.
Do not rely on the Community for the safe or secure storage of any materials, such as documents and software. The Community is not designed as the primary place to store any of these materials, and Bitmovin is not responsible for the alteration, deletion, or loss of any stored items. You are responsible for creating back-ups for any materials that you contribute to the Community.
Some participants may post internet website links in the Community forum. Bitmovin is not responsible for the content on the websites associated with these links. Please use discretion when accessing such materials as they contain inappropriate material, such as malware or adult content that may be harmful or offensive to some users.
You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgment when evaluating information provided through the Community or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore, conduct your own research prior to making any decisions.
Do not use the Community in a way in which violates any applicable state, federal, or international laws, regulations, or applicable orders. Accordingly, each user hereby assumes responsibility to provide appropriate legal counsel to its representatives acting under these Terms of Use regarding the importance of limiting the scope of their discussions.
You agree to engage with the Community and its users only for purposes that are permitted by (i) these Terms of Use and (ii) any applicable law, regulation in the relevant jurisdictions.

You acknowledge and agree that Bitmovin has the right to modify these rules of conduct, at any time and for any reason, in its sole discretion with or without notice to you.

USER'S CONTRIBUTIONS

Users may actively participate by creating, providing, sharing, and uploading information to the Community such as comments, ideas or suggestions for new or improved software products, technologies, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other information (collectively "Contributions"). You agree that Bitmovin may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Contributions.
Bitmovin assumes no responsibility or liability for the sharing of Contributions among users. Any Contributions you provided may be editable and freely used by Bitmovin. User agrees and acknowledges that all Contributions provided may be made publicly available, including to persons who are not members of the Community. Bitmovin shall have the right to retain and use Contributions, in edited or unedited form, for any purpose in any way including but not limited to re-posting such Contributions to other areas of the Community, by using Contributions in current or future products or services or using the Contribution in any marketing materials. Bitmovin is not obliged to: (i) post or use any Contributions; (ii) to maintain any Contributions or the confidence of such Contributions; (iii) delete any Contributions even though the author of the Contribution may have ceased to participate in the Community; (iv) respond to any Contributions; or (v) pay compensation for any Contributions. Bitmovin may remove any Contributions at any time at its sole discretion for any reasons or for no reason. All Contributions become the property of Bitmovin. You hereby grant Bitmovin a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license under all your intellectual property rights to use, reproduce, prepare derivative works of, publicly display, publicly perform, edit, mutilate, sublicense, make, have made, use, offer to sell, sell, import, export, or distribute any Contributions in whole or in part and any such derivative works with or without attribution.
If you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), In order to make the discussions in the Community free, no right or license in connection with any Contribution is granted to any other user unless such user explicitly agreed in writing to grant such right, license or permission to a user or users. If you do not have user's consent for using its Contribution, you may not use such Contribution in any manner.
You represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions uploaded or shared to the Community and that your Contributions do not infringe the intellectual property rights of others. Further, you represent and warrant that any Contributions uploaded or shared to the Community will not contain confidential information. Do not post, upload, submit or otherwise provide Contributions to the Community that are protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to use such Contributions, and such rights or licenses do not otherwise conflict with your ability to submit, upload or otherwise provide such Contributions.
Bitmovin may, but has no obligation to, monitor, edit or remove Contributions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, incorrect, or violates any party’s intellectual property or these Terms of Use.

INDEMNITY.

You agree to defend, indemnify, and hold harmless Bitmovin, its affiliates, licensors, suppliers, officers, directors, employees and agents form any losses, liability, expenses, costs, claims, damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your use of the Community.

DISCLAIMER OF WARRANTIES AND LIABILITIES.

THE COMMUNITY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOU ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COMMUNITY IS WITH YOU. SHOULD THE COMMUNITY PROVE INADEQUATE IN ANY WAY, YOU AND NOT BITMOVIN ASSUME THE ENTIRE COST OF ANY COSTS OR DAMAGES INCURRED BY YOU. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED, RECEIVED OR SUBMITTED THROUGH THE COMMUNITY ARE AT YOUR SOLE RISK AND THAT Bitmovin WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY HARM OR DAMAGE TO YOU OR YOUR PROPERTY (INCLUDING ANY DATA, PERSONAL COMPUTER EQUIPMENT OR STORAGE MEDIA).

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL Bitmovin, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR PARTICIPATION IN OR USE OF THE COMMUNITY OR FOR ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY Bitmovin. Bitmovin SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY OTHER PARTY FOR THE ACCURACY, SECURITY, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF THE COMMUNITY OR ANY PART THEREOF, INCLUDING USE FOR URGENT, CRITICAL OR EMERGENCY COMMUNICATIONS OR IMPROPER OR UNAUTHORIZED ACCESS TO OR INTERCEPTION OF ANY COMMUNICATION OR PRIVATE INFORMATION.

THE FOREGOING DISCLAIMER SHALL APPLY IN CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO USE THE COMMUNITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH THE COMMUNITY. THE LIMITATIONS IN THIS SECTION ARE COMPREHENSIVE AND THE EXAMPLES GIVEN ARE NOT EXHAUSTIVE. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION OR REMEDY FAILS.

ASSIGNMENT.

Bitmovin may assign these Terms of Use without your notice or consent. You, however, may not assign these Terms of Use or any rights hereunder.

Bitmovin respects the intellectual property rights of others, and we ask our Community members to do the same. If you believe that your intellectual property was infringed or misused, please send a notice to our copyright agent providing the following information: (i) The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf, (ii) a description of the copyrighted work that you claim has been infringed and a description of the infringing activity, (iii) a description of where the material that you claim is infringing is located, such as the URL where it is posted, (iv) your name, address, telephone number, and email address, (v) a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law, and (vi) statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Bitmovin will receive DMCA complaints pursuant to the notice provisions of these Terms of Use.

GENERAL.

These Terms of Use and the relationship between you and Bitmovin are governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with these Terms of Use will be submitted to the exclusive jurisdiction of the competent courts in San Francisco in the State of California. You hereby expressly consent to the personal jurisdiction of, and venue in, the state and federal courts of San Francisco County, California. Bitmovin's failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and agree that the other provisions of the Terms of Use remain in full force and effect. Neither party to the Terms of Use will be liable to the other for any delay or failure in performance under the Terms of Use resulting directly or indirectly from acts of nature or causes beyond its reasonable control. The Terms of Use constitute the entire agreement between the parties with respect to the Community and supersede all previous proposals, both oral and written, representations, writings, and all other communications between the parties.