Terms and Conditions for the Video Rendering Service February 2023 Introduction:
The purpose of these terms and conditions for a Video Rendering service is to define the rights and responsibilities of the Service Provider and the Customer, as well as to set forth the terms and conditions under which the Service Provider will provide the Video Rendering Service to the Customer. The terms and conditions serve as a legally binding agreement between the parties and outline the parameters of the relationship between the Service Provider and the Customer.
The terms and conditions for a video rendering service may be updated from time to time, and it is the responsibility of the Customer to regularly review the terms and conditions to stay informed of any changes.
Customer: An individual or company who has registered to use the Video Rendering Service
Digital Asset: A file produced by Video Production Software that comprises content developed by the Customer
Service Provider: GAIMIN.io Ltd, 100 Barbirolli Square, Manchester, M2 3BD, UK
Video Content: Any digital media files submitted by the Customer for the purpose of being processed or rendered by the Service Provider's Video Rendering Service. This may include, but is not limited to, digital video files in various formats, audio files, and any other related data or information necessary for the Service Provider to perform the Video Rendering Service.
Video Production Software: Software operated by the Customer to create a video, animation or some other form of digital content.
Video Rendering: The process of taking a raw data file and converting it to a series of sequential frames which the Customer can upload into their video production software to create a final output file.
Video Rendering Service: A cloud based service that takes a file submitted by the Customer to the GAIMIN.CLOUD website and confirms they require the video file to be rendered
Rendered Output: The conclusion of the Video Rendering process to convert the raw data file into a sequence of individually numbered frames that the Customer can import into their Video Production Software to create a completed Digital Asset,
Service description: Service provided: The Service Provider shall render the video file submitted by the Customer for rendering. File formats currently supported - Blender (.blend) file format. Rendered output is provided in the format of separate frames, sequentially numbered which the Customer downloads from the Service website and uploads into their Video Production application for further processing into the required output file. Turnaround time: The Service Provider shall make best endeavours to provide the Customer with the Rendered Output as quickly as possible. The Customer accepts that turnaround time cannot be guaranteed for a number of reasons, including but not limited to size of file to be rendered, number of frames to be rendered, complexity of frames to be rendered, availability of processing devices in the network of the Service Provider.
Customer obligations: The Customer shall be solely responsible for ensuring that all video content submitted to the Video Rendering Service is in compliance with all applicable laws and regulations, including without limitation, laws related to copyright, trademark, and privacy. The Customer shall indemnify and hold the Service Provider harmless from and against any and all claims, damages, or expenses arising from any violation of law or infringement of any third-party rights related to the video content submitted by the Customer.
The Customer shall also be responsible for maintaining the confidentiality of its account information and for all activities that occur under its account. The Customer agrees to immediately notify the Service Provider of any unauthorised use of its account or any other breach of security.
The Customer shall not use the Video Rendering Service for any unlawful purpose, or for any purpose that is harmful to the Service Provider or any third-party. The Customer shall also not use the Video Rendering Service to transmit any viruses, worms, trojans, or other malicious code.
The Customer shall pay for the Rendering of videos submitted to the Service Provider for rendering. The Service Provider shall provide an initial estimate of the cost of Rendering following an analysis of 1% of the submitted file. The Customer shall accept or reject the estimated cost of Rendering. If the Customer rejects the cost the Service Provider shall not continue to render the file. If the Customer accepts the cost of rendering, the Customer may be required to add extra funds to their account to cover the estimated cost before the rendering of the file is undertaken.
The Customer warrants that all Digital Assets submitted for Video Rendering meet the necessary quality standards, including resolution, format, and colour accuracy.
The Customer may be requested to provide timely and detailed feedback on the video rendering process, and asked to cooperate with any necessary revisions or modifications. The Customer is not obliged to provide any information or feedback but is encouraged to do so.
The Customer shall comply with the terms and conditions regarding termination and suspension of the service, including any conditions that must be met for such termination or suspension to take place.
Proprietary rights: The Service Provider retains all proprietary rights, including all patents, trademarks, copyrights, trade secrets, and other proprietary rights, in and to the Video Rendering Service, including all software, technology, and processes used in connection with the Service. The Customer acknowledges that it has no right, title, or interest in or to the Video Rendering Service or any of the proprietary rights related thereto, except for the limited right to use the Service in accordance with the terms and conditions of this Agreement.
Liability and indemnification: Liability:The Service Provider shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the use of the Video Rendering Service, including but not limited to loss of profits, loss of data, loss of business, or loss of goodwill. The Service Provider's total liability for any claims arising from the use of the Video Rendering Service shall not exceed the fees paid by the Customer for the Video Rendering Service in the twelve (12) months preceding the event giving rise to such liability. Indemnification.
The Customer shall indemnify and hold the Service Provider harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from the use of the Video Rendering Service by the Customer, including but not limited to any claims related to intellectual property infringement, privacy rights violations, or other legal violations. The Customer shall also indemnify and hold the Service Provider harmless from and against any and all claims, damages, liabilities, costs, and expenses arising from the Customer's failure to comply with the terms and conditions of this Agreement.
Termination and suspension: This service may be terminated at any time by the Service Provider. Any positive balance in the Customer’s account will be returned to the Customer in the situation where the service is permanently terminated or unavailable for a period of 30 days or greater.
Dispute resolution: Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration in accordance with the Arbitration Act 1996. The arbitration shall be conducted by a single arbitrator appointed by agreement of the parties or, in the absence of agreement, by a single arbitrator appointed by the President for the time being of the Chartered Institute of Arbitrators. The arbitration proceedings shall take place in London, England. The decision of the arbitrator shall be final and binding on both parties.
Changes to Terms and Conditions: The Service Provider reserves the right to change the terms and conditions of this Agreement at any time, with or without notice to the Customer. The Customer's continued use of the Video Rendering Service after any changes to the terms and conditions have been made shall be deemed to be acceptance of such changes. It is the Customer's responsibility to regularly review the terms and conditions of this Agreement to be aware of any changes.
Governing law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the courts of England and Wales to resolve any disputes arising from or relating to this Agreement.
Miscellaneous provisions: Entire Agreement: This clause confirms that the terms and conditions constitute the entire agreement between the service provider and the customer, and supersedes all prior negotiations, representations, and agreements between the parties.
Assignment: This clause sets out the conditions under which the customer or the service provider can assign their rights and obligations under the terms and conditions to another party.
Amendments: This clause outlines the process for amending the terms and conditions, and may specify that changes can only be made in writing and signed by both parties.
No Waiver: This clause confirms that failure to enforce any provision of the terms and conditions will not be deemed a waiver of the right to enforce such provision at a later time.
Severability: This clause provides that if any provision of the terms and conditions is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Notices: This clause sets out the procedure for giving notices under the terms and conditions, including the address for notices, the method of delivery, and the time period for delivery.
Changes to the terms and conditions: Agreement at any time, with or without notice to the Customer. The Customer's continued use of the Video Rendering Service after any changes to the terms and conditions have been made shall be deemed to be acceptance of such changes. It is the Customer's responsibility to regularly review the terms and conditions of this Agreement to be aware of any changes.
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