By using the Bloomfire Service, Members expressly agree to the following:
By submitting User Content to the Bloomfire Service, you hereby grant Bloomfire a worldwide, non-exclusive, royalty-free, and sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the sole purpose of operating and performing the Bloomfire Service for the Subscriber. You also grant each Member you authorize a non-exclusive license to access your User Content through the Bloomfire Service and to use, reproduce, distribute, display and perform such User Content.
Your access to the Bloomfire Service may be dependent on your subscription to the Bloomfire Service or on the subscription of the Subscriber who pays certain fees to Bloomfire. As such, the services offered by Bloomfire depend on the terms of that subscription. If the Subscriber (including you, if applicable) ceases to pay the fees due to Bloomfire, Bloomfire may cease to provide you access to the Bloomfire Service and/or terminate your Membership Community. Similarly, if the terms of the subscription to the Bloomfire Service change, you may experience changes to the features or capacity of your account.
Subscriptions must be paid for in advance unless agreed to otherwise in writing. Payments for subscriptions are non-refundable. There will be no refunds or credits for any time period where the Membership Community is not used or accessed or when any Member or prospective Member fails to use or access the Membership Community.
Subscriber’s subscription specifies the limits on Subscriber’s use of the Bloomfire Service. Subject to the payment of additional fees specified below, Subscriber may at its option and at any time exceed such limits regarding the number of Items in using the Bloomfire Service, including without limitation the number of Members using the Bloomfire Service. In the event that Subscriber exceeds the limits to the Items set forth in the applicable subscription, Bloomfire shall charge Subscriber for the Subscriber’s additional usage of each Item in excess of these limits calculated on the per unit fee specified in accordance with the applicable subscription for each Item or the then-current list price as determined by Bloomfire if such Item is currently not specified in the relevant subscription. Such additional usage fees shall be prorated for the remainder of the subscription term in effect at the time the excess Items are added. The expiration date of the term for these additional Items will be the same as the expiration date of the term of the pre-existing subscription. Notwithstanding the foregoing, in the event that Subscriber elects to exceed the Subscription limits regarding the number of Members using the Bloomfire Service, Bloomfire shall charge Subscriber in increments of twenty-five (25) Members prorated for the remainder of the subscription term in effect at the time the number of Members is exceeded. For example, if Subscriber exceeds the Subscription limits by 6 Members, Subscriber will be charged for 25 additional Members. If Subscriber exceeds the Subscription limits by 54 Members, Subscriber will be charged for 75 additional Members.
Member’s User Account
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
As set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"), if you believe that your copyrighted work is accessible via the Bloomfire Service in a manner that infringes your copyright, please notify Bloomfire’s copyright agent:
Copyright Claim Agent
1717 W. 6th St. Suite 100
Austin, TX 78703
Telephone: (512) 485-0910
Facsimile: (512) 485-0911
For your complaint to be valid under the DMCA, you must provide the following information in writing:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Bloomfire has adopted a policy of terminating, in appropriate circumstances, Subscribers and Members who are repeat infringers. Bloomfire may also, at its sole discretion, limit access to the Bloomfire Service and/or terminate the user accounts of any Members who infringe or misappropriate any intellectual property rights of others, whether or not there is any repeat infringement or misappropriation.
THE INDEMNIFICATION OBLIGATIONS IN THIS SECTION REF _Ref359233140 \r \h 13 APPLY EVEN IF DUE TO ANY BLOOMFIRE INDEMNITEE’S NEGLIGENCE OR OTHER FAULT, BREACH OF CONTRACT OR WARRANTY, OR STRICT LIABILITY WITHOUT REGARD TO FAULT.
THE BLOOMFIRE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. USE OF THE BLOOMFIRE SERVICE IS AT YOUR OWN RISK. THE BLOOMFIRE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLOOMFIRE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE BLOOMFIRE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE BLOOMFIRE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE BLOOMFIRE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BLOOMFIRE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. BLOOMFIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH THE BLOOMFIRE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLOOMFIRE WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
BLOOMFIRE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY RELATED TO (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BLOOMFIRE SERVICE; (B) ANY CONDUCT OR CONTENT OF YOU, ANY MEMBER, OR ANY THIRD PARTY ON THE BLOOMFIRE SERVICE, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE BLOOMFIRE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLOOMFIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SUBSCRIBERS: BLOOMFIRE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY RELATED TO (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BLOOMFIRE SERVICE; (ii) ANY MEMBER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE BLOOMFIRE SERVICE (iii) ANY CONDUCT OR CONTENT OF YOU, ANY MEMBER, OR ANY THIRD PARTY ON THE BLOOMFIRE SERVICE, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE BLOOMFIRE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR, OR ANY OF YOUR MEMBERS’ TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BLOOMFIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
For Bloomfire: Bloomfire, Inc., 1717 West 6th Street, Suite 100, Austin, Texas 78703, Fax: (512) 485-0911, Attn: Chief Financial Officer.
For you: At the address and/or email you provided during registration or as updated by you.
Notices will be deemed to have been received (i) five (5) business days after mailing if given by mail, (ii) upon receipt if hand delivered, and (iii) one (1) business day after sending if given otherwise.
You acknowledge that the laws and regulations of the United States restrict the export and re-export of certain materials, which may include the Bloomfire Service or materials derived from the Bloomfire Service. Accordingly, Subscribers shall not permit Members to access or use the Bloomfire Service or any User Content in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.
Subscriber agrees that Bloomfire may use Subscriber’s name and logo on Bloomfire’s website, sales literature, and advertising materials, and for any other commercial purpose related to Bloomfire’s business.
The following open source tools are used by the Bloomfire Service: FFmpeg - Encoding tool © 2009 -Fabrice Bellard (originator of the FFmpeg project), et al. License: GNU GENERAL PUBLIC LICENSE http://www.ffmpeg.org source code.