Privacy, Terms and Conditions
1.1 BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Renderyard.com domain name, the \\\"Renderyard Website\\\", or \\\"Website\\\"), YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the \\\"Terms of Service\\\"). If you do not agree to any of these terms, then please do not use the Renderyard Website.
3.1 Renderyard hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, non-commercial use \\\'If your are not logged into the web site or hold an account with your personal details within the web site. All account holders of the web site automatically become commercial users of the web site and have agreed to the Renderyard terms of service agreement as it is written and appears within the Renderyard web site; (ii) you will not copy or distribute any part of the Website in any medium without Renderyard\\\' s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service
3.2 In order to access some features of the Website, you will have to create an account. You may never use another\\\'s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Renderyard immediately of any breach of security or unauthorized use of your account. Although Renderyard will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Renderyard or others due to such unauthorized use.
4.Intellectual Property Rights
4.1 The content on the Renderyard Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (\\\"Content\\\") and the trademarks, service marks and logos contained therein (\\\"Marks\\\"), are owned by or licensed to Renderyard. Content and all information on the Website is provided to you for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of either the respective owners. Renderyard reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Renderyard Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Renderyard Website or the Content therein.
4.2 Renderyard does not claim ownership of any User Materials submitted to its service. However, in consideration for Renderyard agreeing to receive User Materials and, by submitting User Materials in any form to Renderyard, the User automatically grants to Renderyard and all its affiliates, subsidiaries and licensees a royalty-fee based, world-wide, non-exclusive, sub-licensable, and assignable right and Licence to make available all or part of the User Materials for paid-for VOD video on demand, AVOD advertising video on demand, SVOD subscription video on demand, or free downloading and/or streaming from its website at its discretion.
4.3 In addition, the User grants Renderyard the right to use, copy, reproduce, modify, adapt, publish, edit, translate, transmit, distribute, broadcast, publicly display and publicly perform such User Materials for the purpose of displaying and promoting the User Materials and/or the Renderyard service and website on or via any website, television program, print and/or radio media, online media, portable or non-portable media device or other means of digital media at its discretion.
4.4 Nothing in these Terms and Conditions obliges Renderyard to publish any User Materials submitted to it and it may remove any content from its website at any time at its sole discretion without the submitters consent.
4.5 If we are notified that any content on the Renderyard website infringes or allegedly infringes any intellectual property rights, copyright, third party copyright or otherwise breaches any international law or regulation, we shall take any such action that we consider appropriate in the circumstances which may include removing the content from the website, cancelling the relevant Users membership and account, investigating the complaint further, cooperating in any investigation, dispute or legal proceedings in this regard and any other action at our sole discretion. Prohibited Activities You may not use the PayPal service for activities that: violate any law, statute, ordinance or regulation. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other \\\"get rich quick\\\" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler\\\'s cheques or money orders, (h) involve currency exchanges or cheque cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
4.6 Payments to Filmmakers and Content Providers
4.7 In full consideration of the rights granted to Renderyard in section 4.2, we undertake to pay Users whose work has been added to our library, a sum not less than 70% including VAT, \\\'IVA\\\', \\\'TAX\\\', each and every time the film is viewed rented or purchased from our website on either a pre-roll advert supported basis, and /or streamed or downloaded from either using the Renderyard Video on demand model, Subscription on demand model or on affiliated Renderyard partner platforms or channels that may include a third-party Video-on-Demand services, VOD, AVOD, IPTV, Broadcast networks and mobile portals with whom we have entered into a formal distribution agreement. Renderyard has the right to alter the percentage amount it pays all account users of its web site at any time it deems appropriate, without the consent of its users and account holders. No written warning or update will be given before or after this change.
4.8 Users will be able to see revenue information in their My Videos web page and how many times their film(s) have been viewed on our Renderyard platform and how much commission has been earned per separate video after each title has had its outstanding costs removed.
4.9 Payments to Users whose film(s) have been added to the Renderyard library will be made in Dollars on the same day of the month that they are purchased from the Renderyard web site. These payments are made to the individual Users nominated Pay Pal account, subject to Renderyard receiving valid Pay Pal account details submitted via the users Renderyard Profile account information web page area.
4.9.2 At its discretion, Renderyard reserves the right to alter without prior notification the published Privacy, Terms and Conditions related to all and any films in its library.
4.9.3 At its discretion Renderyard reserves the right to suspend any user account that it feels has breached the terms and conditions outlined and/or has adopted or used either manual, electronic or digital means to generate unfair or false viewing figures on any video platform that relates to Renderyard and any videos currently held or shown on its web site. The account holder herby waives his right to object to this term, and agrees it its acceptance in full and does not hold Renderyard accountable for any damages, financial or legal.
4.9.4 Subscription terms
Renderyard offers a subscription plan to its video platform. As an express condition of your use of and access to the Premium User Subscription Service, you agree to pay all fees applicable to your subscription plan (your \\\"Plan\\\"), any other fees for additional services you may purchase external to this service such as Rent and Buy features, and any applicable taxes in connection with your use of the Subscription Service. The Subscription Service is priced based on a monthly reoccurring fee for unlimited viewing usage of video content found within the Premium Movies category.
4.9.5 Changes in fees
We may change the fees for the Subscription Service at any time or require new fees or charges. Such changes will be effective immediately upon posting on our Website; provided, however, that such fee changes will be effective only as to prospective Subscription Service orders (including renewals) accepted by Renderyard after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
4.9.6 Payment of fees
Your Plan, which may start with a Free Trial Period (described below), will renew automatically and continue either week-to-week or month-to-month or year-to-year (depending on your Plan) unless and until you cancel your Plan or we terminate it, in each case pursuant to the terms of this Agreement (see Section 5 (\\\"Account Cancellation\\\") and Section 12 (\\\"Term and Termination\\\")). You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. We will bill the fees due under your Plan either to the provided Pay Pal account or credit card you provide to us during registration (or to a different credit card if you change your payment information) or to your account related email address. You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to the Subscription Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
4.9.7 Credit card payments
All fees for your Plan will either be billed to your Pay Pal account or to your credit card. You authorize the account or card issuer to pay any amounts described herein and in your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to either your Pay Pal or credit card account until you or we cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later. You must provide current, complete and accurate Pay Pal or billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly notify Renderyard if your credit card is lost or stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney\\\'s fees and costs, on any outstanding balance. In certain instances, the issuer of either your credit card or Pay Pal account may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with either your Pay Pal, bank and credit card issuer for details.
4.9.8 Payment Terms, Refunds, and Upgrade and Downgrade Terms
The fees for your Subscription Plan are billed in advance, are non-refundable, and automatically renew on either a weekly or monthly or annual basis, as specified in your Plan. With the exception of the Trial Period (described below).
5. Account Cancellation
The only valid method for cancelling your Plan is via the Subscription \\\'Unsubscribe\\\' cancellation link provided on the \\\"My Videos\\\" account page, accessible after logging in to the Renderyard Website. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Subscription Service and any data or information stored in your account (see Section 12 (\\\"Term and Termination\\\") for additional details). If you cancel your Plan during a Free Trial Period effective upon such cancellation, you will immediately lose all access to the Subscription Service and any data or information stored in your account.
5.1 Trial Period
For subscription plans that do not involve a Free Trial Period (as described below), Renderyard may offer, during the registration process, a one-time money back period during which you can try out the Subscription Service for a period of time and request a refund during the specified money back period if you are unsatisfied with the Subscription Service for any reason (\\\"Money Back Trial Period\\\").
If you participate in a Free Trial Period, at the commencement of the Trial Period your Pay Pal or credit card will be charged the full amount due under your Plan, as described above.
You may cancel your Plan at any time during the Free Trial Period by following the steps described in Section 5 (\\\"Account Cancellation\\\"), upon which you will automatically receive a refund of all fees charged to your credit card. Upon cancelling your Plan, you will immediately lose all access to the Subscription Service and any data or information stored within your account (see Section 5 (\\\"Account Cancelation\\\") for additional details).
If you fail to cancel your Plan within the Free Trial Period, no refund will be available to you and you will thereafter be billed on either a week-to-week or a month-to-month or year-to-year basis (depending on your Plan) unless and until you cancel your Plan or we terminate it (see Section 5 (\\\"Account Cancellation\\\"). You will not receive a notice from Renderyard that your Free Trial Period is about to end or has ended.
Renderyard reserves the right to modify, cancel and/or limit or expand the Free Trial Period offer at any time.
5.2 Free Trial Period
Renderyard may offer, during the registration process, a one-time free trial period during which you can try out the Subscription Service for a period of time it deems appropriate from the date you register to use the Subscription Service without pre-paying in advance (\\\"Free Trial Period\\\"). To view the specific details regarding your Free Trial Period and its length in duration, if any, visit the Renderyard Website, login at http://www.renderyard.com and click the \\\"My Videos\\\" page after logging in.
If you participate in a Free Trial Period, you must cancel the Subscription Service before the end of the Free Trial Period to avoid incurring any charges. If you do not cancel the Subscription Service before the Free Trial Period expires, you authorize us to charge your credit card the full cost of your Plan, as described to you during the registration process. Your Plan will then automatically renew and continue week-to-week or month-to-month or year-to-year (depending on your Plan), unless and until you cancel your Plan or we terminate it (see Section 5 (\\\"Account Cancellation\\\"). You will not receive a notice from Renderyard that your Free Trial Period is about to end or has ended.
In some instances, the available balance or credit limit on either the Pay Pal account or credit card provided during the registration process may be reduced to reflect the pre-authorization of certain minim charges related to your Plan; however, no charges will be made against either your Pay Pal account or credit card unless you do not cancel prior to the end of your Free Trial Period.
You may cancel your Plan at any time during the Free Trial Period by following the steps described in Section 5 (\\\"Account Cancellation\\\"). Upon cancelling your account, you will immediately lose all access to the Subscription Service and any data or information stored within your account. Renderyard reserves the right to modify, cancel and/or limit or expand the Free Trial Period offer at any time.
5.3 Copyright Infringement Notice:
5.4 You can file a Copyright Infringement Notice according to the terms of this section.
5.6 Following the receipt of your notice, and provided that The Renderyard Website can locate the alleged infringer, and intends to send to the alleged infringer a copy of your notice and to demand from the alleged infringer to remove the allegedly infringing material from The Renderyard Website, or will take any other steps as based on careful consideration.
5.7 In the event your copyright infringement notice is discovered to be false, The Renderyard Website reserve its\\\' rights to take any legal measure it is entitled to under the law against you.
6.1 Materials shall be submitted to The Renderyard Website in accordance with the Submission agreement. You may not submit any Materials to The Renderyard Website unless you sign the Submission \\\'Terms & Conditions\\\' Agreement.
7.1 YOU AGREE THAT YOUR USE OF THE RENDERYARD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RENDERYARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RENDERYARD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE\\\'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY 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 RENDERYARD WEBSITE. RENDERYARD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RENDERYARD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RENDERYARD 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.
8. Limitation of Liability
8.1 IN NO EVENT SHALL RENDERYARD, 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 WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (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 Renderyard WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.2 YOU SPECIFICALLY ACKNOWLEDGE THAT RENDERYARD 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.
8.3 The Website is controlled and offered by Renderyard from its facilities in Spain. Renderyard makes no representations that the Renderyard Website is appropriate or available for use in other locations. Those who access or use the Renderyard Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9.1 You agree to defend, indemnify and hold harmless Renderyard, 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 Renderyard Website; (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; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Renderyard Website.
10.Ability to Accept Terms of Service
10.1 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.
11.1 These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Renderyard without restriction.
12.1 You agree that: (i) the Renderyard Website shall be deemed solely based in Spain ; and (ii) the Renderyard Website shall be deemed a passive website that does not give rise to personal jurisdiction over Renderyard, either specific or general, in jurisdictions other than Spain . These Terms of Service shall be governed by the laws of the State of Spain. Any claim or dispute between you and Renderyard that arises in whole or in part from the Renderyard Website shall be decided exclusively by a court of competent jurisdiction located in La Rioja, Spain . These Terms of Service, The Submission Agreement together with and any other legal notices published by Renderyard on the Website, shall constitute the entire agreement between you and Renderyard concerning the Renderyard Website. 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 Renderyard failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Renderyard reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Renderyard Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RENDERYARD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RENDERYARD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
13.1Information We Collect
We only collect information that we believe will improve our ability to offer this service to you. Like the operators of most websites, we use analytic and reporting technologies to record Non-Personal Information.
13.2 Using your personal data
13.3 Security of your personal data
We will take all reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
13.4 Policy amendments
13.5 Third party websites
The website contains external links to other websites. We are not responsible for the privacy policies of third party websites.
14. CONSENT TO ELECTRONIC COMMUNICATIONS AND EMAIL SOLICITATION When you register at Renderyard.com [register], you are opting in to receive information and other materials or advertisements regarding products, services, and other offers from Renderyard from time to time. Such solicitations may take the form of materials mailed to you, email messages, or other means of communication including automated means. Solicitations will be made to the contact information provided to us in the registration process.
15. CONTACT US