Cinema8 reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Site or these Terms of Service, in whole or in part, at any time. Changes to these Terms of Service will be effective when posted. You agree to review these Terms of Service periodically to be aware of any changes. Your continued use of this Site after any changes to these Terms of Service are posted will be considered acceptance of those changes.
The Site provides you access to the Cinema8 video engineering platform which allows users to edit and encode videos and other media content into an interactive media presentation (“Presentation”) and to publish, distribute and share such Presentations online. Through the use of the Site, Cinema8 also offers analytics services to users for tracking views of the Presentations created using the Site. The video engineering platform and analytics services are collectively referred to in these Terms of Service as the “Services.” The Services may be provided for free or for a fee, either under our Personal or Enterprise Customer pricing models.
You understand and acknowledge that the Site and Services are being provided and made available on an “AS IS” and “AS AVAILABLE” basis. The Site and/or Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. Cinema8 strongly encourages you to back-up all data and information on any servers and computers prior to using the Site. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR COMPUTERS AND SERVERS.
Cinema8 reserves the right to modify, suspend or stop your access to the Site and/or Services (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You agree that Cinema8 shall not be liable to you or any third party for any modification or cessation of the Services. You acknowledge that Cinema8 has no express or implied obligation to provide, or continue to provide, access to the Site and/or Services, or any part thereof, now or in the future; and in addition, Cinema8 is not obligated to provide any maintenance, technical or other support for the Site and/or Services.
You acknowledge that the Site, the Services and the underlying software and technology used in connection with the operation of the Site and the Services, and all content made available by Cinema8, including, without limitation, any information, data, documents, communications, text, images, photographs, graphics, audio, videos, or links (collectively, the “Content”) are provided by Cinema8 or third-party providers and are the copyrighted works of Cinema8 and/or such third parties. Subject to your full compliance with these Terms of Service, Cinema8 grants you a personal, revocable, limited, non-transferable, non-sublicensable, non-assignable nonexclusive license and right to access, use and display the Content (excluding source and object code) in the manner permitted by these Terms of Service and any applicable law or regulation; PROVIDED that you maintain all copyright and other proprietary notices contained in the Content and you do not use the Content in a manner that suggests an association with Cinema8 or such third-party providers.
Except as expressly authorized by Cinema8 or such third parties in these Terms of Service, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content. For clarity, the preceding restriction is not applicable to commercial exploitation of any User Materials (as defined below). You further agree that you will not decompile, reverse engineer, reverse assemble or otherwise attempt to discover the source code of the software underlying the Services. You may not store any significant portion of any Content owned by, or licensed to Cinema8 in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content on any other server.
The rights granted to you in the Content as specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by intellectual property rights and may not be copied or imitated in whole or in part.
Depending on how you access the Site and Services, Cinema8 may collect personal information through the Site in connection with your user registration on the Site, including contact information such as your first and last name, your mailing address, your telephone number and your e-mail addresses. We use this information to send our users information about our Site and to contact the user when necessary. From time to time, Cinema8 or its business affiliates may also use your registration information to send you offers and promotions that may be of interest to you. By providing your contact information, you give us permission to send you such materials. Users may opt-out of receiving certain future mailings. See the choice/opt-out section below. In addition, when you pay fees via the Site, we will collect personal information through your payment method (e.g., credit card, debit card, or other payment method accepted by Cinema8 ) We use your credit card or other billing information to obtain payment for registration or other Services you have purchased.
We also receive and store certain types of information whenever you access the Site. We may set and access cookies on your computer and use web beacons, clear GIFs or pixel tags to provide us with information about your browsing experience. As you use our Site and/or the Services, we may collect and store IP addresses, the website address that brought you to our Site, the website address where videos you create using our Services are displayed, the interactions with those videos, including the website address to which each viewer goes when they stop viewing such videos, the video viewing duration and the number of times each video is viewed.
We use the information collected to deliver the Services, help diagnose problems with our server and to administer our Site and/or Services, as well as to save your password so you don’t have to reenter it each time you visit our Site. If you prefer not to accept cookies, you can set your browser to reject them or to alert you before one is placed on your computer. Note that some features of our Site may not be available if you do not accept cookies.
Cinema8 may release personal information when we: (1) respond to subpoenas, court orders or legal process, and we exercise our legal rights or defend against legal claims; (2) believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service or as otherwise required by law; or (3) transfer information about you if Cinema8 is acquired by or merged with another entity.
Each email communication sent from Cinema8 to you provides you with the opportunity to opt-out of receiving future communications from Cinema8. Please allow up to 45 days for your opt-out request to take effect.
The Site contains links to other websites. Cinema8 does not control the privacy policies of business partners, advertisers, sponsors or other websites to which Cinema8 provides hyperlinks.