The following describes the terms under which Encoding.com (“Encoding.com”), offers you access to the content and services at http://www.encoding.com/ and other services it may make available from time to time (collectively the “Services”).
Your media (including without limitation: text, video, photographs, graphics, images, music and sound that you have created) are yours. We claim no intellectual property rights over the material you have created and provided to Encoding.com. You can delete your media and modify and/or remove associated content at your discretion. In case of technical problems (servers crashing, hosting crashing), Encoding.com can’t be held for responsible for the loss of user’s files.
Encoding.com does not control the content provided by other parties, whether by its customers or other users, which is made available through the Services. You must use caution and common sense when using the Services. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, or content that may be inaccurate, or deceptive. You agree to use the Services at your sole risk and that Encoding.com shall have no liability to you of any kind for content whether that of Encoding.com or third parties, that may be found to be offensive, indecent, or objectionable, inaccurate or deceptive, in any manner.
You grant Encoding.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights associated with Your Information, in any media now existing or later invented within the confidentiality and privacy terms in this Agreement.
Upon registration for the Services, you will choose a login and a password. Only one login per account is permitted. You may not create multiple accounts. With regards to your password, you understand that you are solely responsible for maintaining its confidentiality, and Encoding.com recommends that you choose one that is at least 8 characters in length and a mix of numbers and letters. You shall be solely and fully responsible for all activities that occur under your account. Encoding.com shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is your responsibility to notify Encoding.com so that the missing password can be deactivated and a new one assigned.
You are solely responsible for your interactions with other users of the Services. Encoding.com reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of Encoding.com, its end users, or any other any party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICES TO CREATE DERIVATIVE WORKS OF ANY KIND BASED ON OTHER PARTIES’ MATERIALS OR UPLOAD OR DOWNLOAD ANY SUCH MATERIALS, EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, OR UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH MATERIALS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY AND WHO HAS PROPER AUTHORITY TO PROVIDE SUCH RIGHTS. You agree to indemnify, defend and hold harmless Encoding.com, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the “Encoding.com Parties”) from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and any content of any kind that you create using the Services or upload in any way, infringes upon or misappropriates, violates, or infringes any party’s personal or proprietary rights of any kind.
Interference and Unauthorized Access
You agree that you will not:
The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, API, software, photographs, graphics, images, music and sound (collectively “Proprietary Material”). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Specifically, you may use the Proprietary Material for your personal, non-commercial use. Except as expressly set forth in this Agreement (or as otherwise specifically authorized in writing by Encoding.com), you may not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivated, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Encoding.com promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively “Marks”) hereunder, shall accrue solely to the respective owners of such Marks. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY Encoding.com AND ITS LICENSORS.
You agree that any information submitted by you through any forum provided by Encoding.com is considered non-confidential and non-proprietary, unless specifically stated otherwise in this Agreement. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. While Encoding.com is pleased to hear from users of the Services, company policy prohibits Encoding.com from accepting or considering creative ideas, suggestions or materials other than those it has specifically requested. With this policy Encoding.com seeks to avoid any potential future misunderstandings that may occur when projects developed by employees, licensors, or contractors of Encoding.com, by and for the sole use of Encoding.com, might seem to others to be similar or identical in nature to their own creative work and/or submission(s). If, despite this request, you submit to Encoding.com any creative material, including, but not limited to, ideas, suggestions or other information, you acknowledge and agree that such submission(s) are considered, and shall remain, the property of Encoding.com. You further agree and acknowledge that Encoding.com shall not be liable for the use or disclosure of such submission(s), that Encoding.com shall be subject to no obligations (including, but not limited to, any obligation of compensation whatsoever to you) with respect to the use or disclosure of such submission(s), and that Encoding.com shall own exclusively all rights to the submission(s), including, but not limited to rights now known or hereafter existing and rights of every kind and nature throughout the universe. Because of the open nature of the Internet, common sense would dictate, and Encoding.com would recommend, that you not submit any information you consider confidential.
Encoding.com is not affiliated with sites that may be linked to the Services through hypertext (“Linked Sites”). Encoding.com has no control over, and is not responsible for, the content on/from any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND Encoding.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Encoding.com DOES NOT WARRANT OR GUARANTEE THAT:
Limitation of Liability
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL THE Encoding.com PARTIES (AS DEFINED IN THE COPYRIGHT INFRINGEMENT SECTION ABOVE) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE Encoding.com PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED $500.
General Terms and Conditions
Without limiting other remedies, Encoding.com may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if:
You agree to indemnify and hold each Encoding.com Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of another party.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
This Agreement and its validity, construction and performance will be governed in all respects by the international laws.
Changes and Cancellation
Encoding.com may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Encoding.com may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services.
Reservation of Rights
Encoding.com reserves the right to refuse access to the Services for any reason.
Encoding.com may modify and/or amend this Agreement at any time by posting the modified and/or amended terms on the Services, which will become effective immediately when posted. By continuing to use the Services after Encoding.com posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of Encoding.com.
This Agreement contains the entire understanding of the parties relating its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this agreement is not to be interpreted or construed against Encoding.com because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Encoding.com may assign or transfer this Agreement, in whole or in part, to any party without notice. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination, including but not limited to the DISCLAIMER OF WARRANTIES, and LIMITATION OF LIABILITY sections. BY UPLOADING OR OTHERWISE PROVIDING YOUR CONTENT TO Encoding.com’S SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY, THAT YOU HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL AND THAT YOU ARE AT LEAST 18 YEARS OLD, AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR AT LEAST 13 YEARS OF AGE, AND APPROVE OF AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT.