The following is the complete terms and conditions governing the use of this community (our lawyers made us say this).
- ACKNOWLEDGMENT AND ACCEPTANCE
- 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.
- 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.
- 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.
- GRANT OF RIGHTS; RESTRICTIONS; RIGHT TO MODIFICATION; AND SHUT DOWN
- 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.
- 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.
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.
- COPYRIGHT AGENT.