The following describes the terms under which Clickberry (“Clickberry.com”), offers you the software for video encoding/transcoding for Microsoft Azure (the “Product”).
For the allocation of the media in best quality on the customer server on Microsoft Azure, Clickberry’s encoding product offers a high-performance service with which the media is prepared and provided. The media uploaded in the product are directly transferred to the transcoding service and converted with the desired. Clickberry’s Video Encoder works in specifically on a specialized cloud hosting service Azure provided by Microsoft and cannot be used, under this agreement, with any other hosting service. Services, as well as prices can be found in the product description in Microsoft Azure customer’s account.
Clickberry does not control the content provided by other parties, whether by its customers or other users, which is made available through the Services. You agree to use the Services at your sole risk and that Clickberry shall have no liability to you of any kind for content that may be found to be offensive, indecent, or objectionable, inaccurate or deceptive, in any manner.
Your media (video) are yours. Clickberry doesn’t claim any intellectual property rights over the material you have created using Clickberry Products. You can delete your media and modify and/or remove associated content at your discretion. In case of technical problems (servers crashing, hosting crashing), Clickberry can’t be held responsible for the loss of user’s files.
As used in this Agreement, the term “Your Information” means any information you provide to Clickberry’s product used in your Microsoft Azure account or other users in using the Services, including in any registration process, in any public message area or through any email, messaging, or sharing feature. Except as set forth in the Clickberry’s Privacy Policy as may be established from time to time, your personal information (such as name and email address) will be deemed to be confidential. With the exception of content shared with others using the Product, and any non-personal information or material sent to Clickberry will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Clickberry or others, or as stated in our Privacy Policy. You are solely responsible for Your Information. Your Information may not:
You are solely responsible for your interactions with other users of the Product. Clickberry reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree that you will not use the Product to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of Clickberry, 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 Clickberry, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the “Clickberry 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.
The Product 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 Clickberry), 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 Clickberry 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 CLICKBERRY AND ITS LICENSORS.
YOUR USE OF THE SERVICES AND PRODUCT PROVIDED BY CLICKBERRY IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND CLICKBERRY 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. CLICKBERRY DOES NOT WARRANT OR GUARANTEE THAT:
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 CLICKBERRY 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 CLICKBERRY 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.
You agree to indemnify and hold each Clickberry 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.
Clickberry 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. Clickberry 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.
Clickberry reserves the right to refuse access to the Services for any reason.
Clickberry 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/Products after Clickberry posts any amendment, you agree to be bound by the amendment. This agreement may not be amended other than by an authorized officer of Clickberry.
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 Clickberry 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. Clickberry 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 CLICKBERRY’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.