Pay Per Video Encoding Terms of Service
By using Blue Pacific's Pay Per Encoding Conversion service ("Pay Per Encoding"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service" or "Agreement"). We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website.
1. USE OF SERVICE
Blue Pacific Lda ("Blue Pacific") offer the Pay Per Encoding service to you, provided that you are of legal age to form a binding contract. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Pay Per Encoding service. You are responsible for maintaining the confidentiality of your Run-time Keys, and are responsible for all activities that occur under your account. You agree to immediately notify Blue Pacific of any unauthorized use of your Run-time Keys or account or any other breach of security. Blue Pacific cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Run-time Keys secure.
2. DESCRIPTION OF SERVICE
Unless explicitly stated otherwise, any new features that augment or enhance the Pay Per Encoding service, including the release of new tools and resources, shall be subject to the Terms of Service.
In order to use the Pay Per Encoding service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Blue Pacific, such as service announcements, administrative messages, etc., and that these communications are considered part of the Pay Per Encoding service.
You agree not to access the Pay Per Encoding service by any means other than through the interfaces that are provided by Blue Pacific for use in accessing the Pay Per Encoding service. Blue Pacific will provide the Pay Per Encoding service in accordance with these Terms of Service. Blue Pacific may at its sole discretion modify the features of the Pay Per Encoding service from time to time without prior notice.
3. PAYMENT TERMS
You agree that Blue Pacific may charge to Your credit card, PayPal account, or other payment mechanism selected by You and approved by Blue Pacific ("Your Account") all amounts due and owing for the Service. Blue Pacific may change service prices at any time without prior notice.
You agree to pay a fixed price for an amount of encoding Credits as indicated on the payment page. Your account will be credited the amount of Credits upon the authorization of payment. Your account will be charged the amount of Credits required by each encoding software before performing any encoding. If the encoding fails, the credits will still be charged from your account. Credits will expire after twelve months counting from the purchase date. Available Credits, may be used from any number of computers, as long as that computer has network access to the PayPerEncoding.com Internet domain.
4. APPROPRIATE CONDUCT
You agree that you are responsible for your own conduct and any information, data or other materials ("Content") that you create, transmit or display while using Pay Per Encoding service and for any consequences thereof. You agree to use Pay Per Encoding service only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Pay Per Encoding service or servers or networks connected to Pay Per Encoding service.
5. BLUE PACIFIC PRIVACY POLICY
You agree to the Blue Pacific Software Privacy Policy provided at
http://www.blue-pacific.com/about/privacy.htm
By using Pay Per Encoding service, you acknowledge and agree that Blue Pacific may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Blue Pacific, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of Pay Per Encoding service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. PROPRIETARY RIGHTS
Blue Pacific's Rights
You acknowledge and agree that Pay Per Encoding service and any necessary software used in connection with Pay Per Encoding service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by Blue Pacific or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Pay Per Encoding, Content or Software, in whole or in part.
Subject to the Terms of Service, Blue Pacific grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Pay Per Encoding service. You agree not to access Pay Per Encoding service by any means other than through the interface that is provided by Blue Pacific for use in accessing Pay Per Encoding service.
Your Rights
Blue Pacific claims no ownership or control over any Content submitted, posted or displayed by you on or through Pay Per Encoding service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Pay Per Encoding service and you are responsible for protecting those rights, as appropriate.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Blue Pacific has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Pay Per Encoding service.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Pay Per Encoding service.
9. MODIFICATIONS TO SERVICE
Blue Pacific reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Pay Per Encoding service (or any part thereof) with or without notice. You agree that Blue Pacific shall not be liable to you or to any third party for any modification, suspension or discontinuance of Pay Per Encoding service.
10. NO WARRANTIES
You understand and agree that the Service is provided "as is" and Blue Pacific, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Blue Pacific, its affiliates, suppliers and Resellers make no warranty or representation, regarding the results that may be obtained from the use of the Pay Per Encoding service, or that the Pay Per Encoding service will meet any user's requirements. Use of the Pay Per Encoding service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Pay Per Encoding service. The entire risk arising out of use or performance of the Pay Per Encoding service remains with You. You agree to indemnify, defend and hold harmless Blue Pacific, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Pay Per Encoding service, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Pay Per Encoding service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Blue Pacific, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Blue Pacific or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Pay Per Encoding service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Blue Pacific, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Blue Pacific's, its affiliates', suppliers' and Resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous six (6) months. Because some jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
12. MISCELLANEOUS
Arbitration
The parties agree to submit disputes between them relating to this Agreement and its formation, breach, performance, interpretation and application to final and binding arbitration, and any resulting award may be enforced in any court having jurisdiction. Arbitration will be in Lisbon, Portugal, administered by the Portuguese Section of the International Chamber of Commerce. Each party will be entitled to discovery by requests for admission, by request for production of documents, but by no other means.
Governing Law and Jurisdiction
The construction, validity and performance of this Agreement shall be governed by the laws of Portugal and the parties hereby irrevocably submit to the exclusive jurisdiction of the Comarca de Lisboa Courts.
Waiver and Severability
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
General Provisions
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Blue Pacific may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
