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; (ii) you will not copy or distribute any part of the Website in any medium without Renderyards 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-free, world-wide, non-exclusive, sub-licensable, and assignable right and Licence to make available all or part of the User Materials for paid-for 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.
4.5 If we are notified that any content on the Renderyard website infringes or allegedly infringes any intellectual property rights or otherwise breaches any 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, canceling the relevant Users membership, investigating the complaint further, cooperating in any investigation, dispute or legal proceedings in this regard and any other action at our sole discretion.
4.6 Payments to Filmmakers and Content Providers
4.7 In full consideration of the rights granted to Renderyard in section three, we undertake to pay Users whose work has been added to our library, a sum not less than 50% including VAT, each and every time the film is viewed from our website on a pre-roll advert supported basis, and/or streamed or downloaded from either an affiliated Renderyard partner that may include a third-party Video-on-Demand services, IPTV networks and mobile portals with whom we have entered into a formal distribution agreement.
4.8 Users will be able to see information in their Renderyard Profile area about how many times their film(s) have been viewed on each of our partner platforms and how much commission has been earned per film title once each title has reached over 5000 views on each video platform.
4.9 Payments to Users whose film(s) have been added to the Renderyard library will be made in pounds sterling on the first day of the month to the Users nominated PayPal account, subject to us receiving valid PayPal account details via the users Renderyard Profile area.
4.9.1 Renderyard has the right delay any payments to Users where the sums payable for any month is less than $25 in which case Renderyard will account to the User for such sums on the first day of the following month once the total amount payable to a User exceeds $25.
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 deny any form of payment to an 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.
5.Copyright Infringement Notice:
5.1 You can file a Copyright Infringement Notice according to the terms of this section.
5.2 A copyright infringement notice is required to be in writing addressed to firstname.lastname@example.org. The infringement notice should include four material issues, as follows: (1) A declaration that you are the owner of an exclusive right that is allegedly infringed. (2)The identity and specifications of the copyright work you claim to have been infringed. (3) The identity and specifications of the work you claim to be infringing your rights in the said copyright work. (4) A declaration of your intention to commence legal proceedings against the alleged infringer.
5.3 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 take any other steps as based on careful consideration.
5.4 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 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 England. 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 England; 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 England. These Terms of Service shall be governed by the laws of the State of England. 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 London, England. 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.