TERMS OF USE

1. Your Acceptance
BY USING THIS SITE, SOFTWARE OR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND PRIVACY POLICY. If you choose to not agree with any of these terms, you may not use the CINEVEO site, CINEVEO software and CINEVEO service.

2. CINEVEO Software
These Terms of Service apply to all users of the CINEVEO Site, Software or Service. CINEVEO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CINEVEO will not and cannot censor or edit the content of any third-party site. By using the Site or Software, you expressly acknowledge and agree that CINEVEO shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. CINEVEO Access
A. Subject to your compliance with these Terms of Service, CINEVEO hereby grants you permission to use the Software, provided that: (i) your use of the Software as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Software, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Software in any medium without CINEVEO's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Software; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. CINEVEO reserves the right to discontinue any aspect of the CINEVEO Site, Software and Service at any time.

B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, etc., that accesses the CINEVEO Service in a manner and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, CINEVEO grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CINEVEO reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by CINEVEO clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.

C. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CINEVEO all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage CINEVEO or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) interfere with or disrupt the integrity or performance of the Service and Software or the data contained therein; or (v) attempt to gain unauthorized access to the Service and Software or its related systems or networks.

D. CINEVEO permits you to link to materials on the Software for personal purposes only. CINEVEO reserves the right to discontinue any aspect of the CINEVEO Site, Service and Software at any time.

4. Intellectual Property Rights
The design of CINEVEO Service and Software along with CINEVEO created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CINEVEO, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service and Software is provided to you AS IS for your information and personal use only. CINEVEO reserves all rights not expressly granted in and to the Service and Software. You agree to not engage in the use, copying, or distribution of any of the Service and Software other than expressly permitted herein, including any use, copying, or distribution for any commercial purposes.

5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF CINEVEO SERVICE AND SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CINEVEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND SOFTWARE AND YOUR USE THEREOF. CINEVEO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SOFTWARE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE AND SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE AND SOFTWARE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE AND SOFTWARE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CINEVEO SERVICE AND SOFTWARE. CINEVEO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CINEVEO SERVICE AND SOFTWARE OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND CINEVEO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

6. Limitation of Liability
IN NO EVENT SHALL CINEVEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE AND SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE AND SOFTWARE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CINEVEO CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CINEVEO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Those who access or use the CINEVEO Service and Software do so at their own volition and are responsible for compliance with local law.

7. Indemnity
You agree to defend, indemnify and hold harmless CINEVEO, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the CINEVEO Service and Software; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the CINEVEO Service and Software.

8. Ability to Accept
Terms of Services You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

9. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CINEVEO without restriction.

10. General
You agree that: (i) the CINEVEO Service shall be deemed solely based in Spain; (ii) The CINEVEO Service shall be deemed a passive server that does not give rise to personal jurisdiction over CINEVEO, either specific or general, in jurisdictions other than Spain; and (iii) that you agree to subject to the jurisdiction of Spain in Spanish language in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of Spain, without respect to its conflict of laws principles. Any claim or dispute between you and CINEVEO that arises in whole or in part from the CINEVEO Service shall be decided exclusively by a court of competent jurisdiction located in Spain and only in the Spanish language. These Terms of Service, together with the Privacy Policy and any other legal notices published by CINEVEO, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and CINEVEO concerning the CINEVEO Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CINEVEO's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. CINEVEO reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the CINEVEO Service. Your continued use of the CINEVEO Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CINEVEO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CINEVEO SOFTWARE MUST COMMENCE WITHIN ONE (1) DAY AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11. Purchase and Download
After purchasing the CINEVEO software, we will activate your "CINEVEO Download Center" account and send you an email with download instructions to your order email address within 24 hours.
  • Please do not share your CINEVEO account. Logins from too many different locations will result in account suspension.
  • Please do not share the CINEVEO software. This is a commercial software product and only licensed to you. The software contains an encrypted digital watermark with the customer's order email address.
  • Please do not run the CINEVEO software on more than two devices simultaneously.
    It will result in the software being deactivated.
  • CINEVEO is only for personal private use. If you intend to use it commercially or for presentations, please contact us for commercial license fees.
PRIVACY NOTICE

CINEVEO recognizes that its customers, visitors and users, want to know what's up with privacy. CINEVEO provides this Privacy Policy to help you make an informed decision about whether to use or continue using the CINEVEO Site, the CINEVEO Software and/or the CINEVEO Service. If you do not agree to our practices, please do not use the CINEVEO Site, the CINEVEO Software,or the CINEVEO Service. This Privacy Policy is incorporated into and is subject to the CINEVEO Terms of Service. Your use of the CINEVEO Site, the CINEVEO Software and the CINEVEO Service and any personal information you provide on the CINEVEO Site or the CINEVEO Service remains subject to the terms of this Privacy Policy and our Terms of Service.

The Information CINEVEO Collects
CINEVEO only collects your email address during the ordering process. This information is kept secret and is not published or send to third parties. The account may be deleted at the user's option anytime. We do not sell or share your personally identifiable information (such as your email address) with other third-party companies for their commercial or marketing use.

When CINEVEO Discloses Information
We do not sell or share your Personally Identifiable Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the CINEVEO Service and Software. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the CINEVEO Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. CINEVEO also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that CINEVEO believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the CINEVEO Site or our servers, and to protect the rights, property, or personal safety of CINEVEO, our users or others.

Your Choices
If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the CINEVEO software and discontinue use of the CINEVEO Service; your continued usage of the CINEVEO Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact CINEVEO via email to support or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Our Commitment To Data Security
CINEVEO uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to CINEVEO and you do so at your own risk. Using unsecured wifi or other unprotected networks to while using the CINEVEO Service is never recommended. Once we receive your transmission of information, CINEVEO makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Our Commitment To Children's Privacy
Protecting the privacy of young children is especially important. For that reason, CINEVEO does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the CINEVEO Site or the CINEVEO Service from persons under 18 years of age, and no part of the CINEVEO Service is directed to or intended to be used by persons under 18. If you are under 18 years of age, then please do not use the CINEVEO Service or access the CINEVEO Site at any time or in any manner. If CINEVEO learns that Personally Identifiable Information of persons under 18 years of age has been collected on the CINEVEO Site or the CINEVEO Service, then CINEVEO may deactivate the account.

Special Note to International Users
The CINEVEO Site and Service are hosted in Spain and are intended for and directed to users in Spain. If you are a user accessing the CINEVEO Site and Service from the United States, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Spanish laws, please be advised that through your continued use of the CINEVEO Site and Service, which are governed by Spanish law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to Spain and you expressly consent to that transfer and consent to be governed by Spanish law for these purposes.

In the Event of Merger, Sale, or Bankruptcy
In the event that CINEVEO is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the CINEVEO Site, the CINEVEO Software and the CINEVEO Service constitutes your agreement to this Privacy Policy and any amendments.

If you have any questions, please contact us.

Date Last Modified:
These Terms of Use and Privacy Notice were last modified December 29th, 2014


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