These Terms and Conditions govern your use of PipelineFX services and products. By using our products and services, you confirm that you are at least 18 years of age and agree to comply with the provisions below. If you do not accept any part of these terms and conditions, you must not use PipelineFX products or services.
TERMS & CONDITIONS
These terms apply to all consumers of PipelineFX products and services.
You agree not to violate any laws of any jurisdiction you are operating Qube! from or consuming PipelineFX services in, and you agree to protect your user id/password and PipelineFX services from unauthorized use.
THE FOLLOWING ACTIONS ARE ALSO PROHIBITED:
- Using the PipelineFX Services in any manner that violates any applicable industry standards, third party policies or requirements that PipelineFX may communicate to its users, including without limitation, all of the applicable guidelines published by the MPAA, the FCC or any other accepted industry associations, carrier guidelines or other industry standards.
- Using the PipelineFX Services in connection with any unsolicited or harassing content (commercial or otherwise).
- Using PipelineFX Services to harvest or otherwise collecting information about others, including email addresses or phone numbers.
- Using PipelineFX Services to engage in fraudulent activity with respect to third parties.
- Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
- Taking any action to encourage or promote any activity prohibited under this Terms & Conditions.
- Downloading and transmitting any material that infringes the intellectual property rights or other rights of third parties.
- Downloading and transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
1. AGE RESTRICTION
Subscribers affirm that they are either at least eighteen (18) years of age, or an emancipated minor, or are in possession of legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, obligations, representations, and warranties set out in these Terms of Service, and to abide by and comply with the Terms & Conditions contained herein.
2. SERVICE QUALITY AND LIMITATIONS (SERVICE LEVEL AGREEMENT)
Actual render speeds, render farm throughput, dispatch efficiency, cloud connectivity, pipeline compatibility, or user interface speed may vary. The PipelineFX services online, including support, will attempt to be available at all times except for any limited periods required for technical maintenance and repair. However, PipelineFX products may be unavailable either onsite or online due to a variety of factors beyond our control, including but not limted to emergency situations, bugs in the software or tools used to communicate with Qube! and other PipelineFX products, third party service failures, equipment or network problems or limitations, and operator issues or misunderstanding which may lead to the products or services being interrupted, refused, limited or curtailed. We are not responsible for data that is lost, not delivered, delayed or includes errors because of any interruptions or performance issues with the PipelineFX products or services.
We may impose limits on usage, suspend services, or block certain kinds of usage at our sole discretion to protect other PipelineFX users, the studios our clients represent, and our own financial or legal interests. Your pipeline and work flow are not limited by the PipelineFX services in any way or by the physical location of your facility. Your current pipeline or work flow throughput may vary based on several factors unrelated to any Qube! products or services. The accuracy and timeliness of materials rendered through Qube! is not guaranteed; delays or omissions may occur.
3. COPYRIGHT, PATENT AND TRADEMARK INFORMATION
Copyright© 2017 PipelineFX All Rights Reserved. PipelineFX services, software, and the information that they contain, are the property of PipelineFX and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other Software or service names or logos appearing in the Software are either trademarks or registered trademarks of PipelineFX, and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of PipelineFX's trademark or other intellectual property rights concerning that name or logo.
4. USAGE RESTRICTIONS
Your registered PipelineFX account or Qube! credentials are intended for your sole use; the simultaneous use by two or more individuals is forbidden. Qube! Designer is intended for use of one Qube! worker per job dispatched. Attempts or successful use of Qube! Designer for more than one job per worker is prohibited. Qube! Annual Site Subscription licensing is intended for a total number of users for each level of product service available (Small, Med, Lrg, XL, XXL). Attempts or successful distribution and usage by more users than is listed on the PipelineFX website for the appropriate package you purchased is prohibited. Qube! Subscription licensing is designed for use according to the number of months purchased online. Use of the Subscription License beyond the paid period without paying PipelineFX the additional subscription funds is prohibited. Qube! Metered Licensing includes PipelineFX dictated restrictions on usage. Use of the licenses beyond the limits set by PipelineFX is also prohibited. Qube! Partner Licensing includes not only PipelineFX dictated restrictions on usage but restrictions on usage dictated by our participating partner or partners as well. Those restrictions or rules will be clearly posted and available at the time of user sign up; therefore, it is the responsibility of Qube! users to understand and follow all documented restrictions. Use of the licenses beyond the limits set by PipelineFX and their partners is also prohibited.
In each instance, subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- The PipelineFX services may only be used for lawful purposes.
- The PipelineFX services may be a subject to a time-based subscription fee, depending on the service you purchased.
- You hereby understand that upon using the Qube! Metered Licensing Software, you will be required to create an "Online PipelineFX ID." Which consists of your email and selected password. The Online PipelineFX ID will be used by you and only you and will provide you the access to all supported Metered Licensing online services and apps. You shall not share the password from your Online PipelineFX ID with any employee, agent, officer or director of PipelineFX or anyone else.
- You hereby understand that upon using Qube! Partner Provided Licensing (also referred to in this document as Partner Licensing), you may be required to create an "Online PipelineFX ID" or an "Online Partner ID" or both. Which consists of your email and selected password. Any Online ID (PipelineFX or Partner based) will be used by you and only you and will provide you the access to all supported Metered Licensing or Partner Licensing online services and apps. You shall not share the password from any of your Online ID's with any employee, agent, officer or director of PipelineFX or anyone else.
PipelineFX, will not under any circumstances, have access to the password to any of your Online ID's. If you lose or forget your password, you must use the password reset functionality on the sign up or login pages.
If you lose or forget the password for your local installation of Qube!, PipelineFX will not be able to assist you in gaining access to your data since PipelineFX does not have access to or knowledge of your username or password. It is your obligation to remember your password since it is required to gain access to Qube! and all related data.
PipelineFX has a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions. Along with the ZERO TOLERANCE policy, clients who materially breach the terms and conditions will have their Metered Licensing or Partner Licensing or Subscription accounts deleted without any refund. Additionally, the Client understands that PipelineFX expressly reserves the right to hold the client or any third-party using the service on the client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to, attorney’s fees, fees for expert witnesses, court costs, and other charges.
7. LICENSING FEES, PAYMENT TERMS AND REFUND POLICY
- 7.1 Licensing Fees for PipelineFX products and services
The fees charged by PipelineFX are referred to as Licensing Fees. Upon upgrading from the free or trial version of any PipelineFX’s app or service to advanced features and benefits, you will be subject to Licensing Fees in accordance with the Pricing Plans as shown on the corresponding website. You will be required to submit payment in advance for the Software (unless you have already provided payment or means of payment, such as credit card information on file). Licensing Fees will be billed and collected in advance, based on the product purchased.
All applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against PipelineFX, will be payable by you. You will not withhold any taxes from any amounts due to PipelineFX
- 7.2 Pricing Plans & Discounts
You are responsible for reviewing the Pricing Plans from time to time and remaining aware of the fees charged by PipelineFX. The Pricing Plans, including subscription terms, quantities and pricing, are subject to change at any time in PipelineFX's sole discretion. PipelineFX will use good faith efforts to notify you via email before changing of the Pricing Plans.
- 7.3 Payment
As a condition of using PipelineFX products or services, such as Qube!, you must provide us with payment. If you opt to pay for the use of our products or services, we will request you to make payment directly to PipelineFX. If PipelineFX is for any reason unable to collect payment from you, PipelineFX will attempt to notify you right away via phone or email and the applicable PipelineFX services for your account, will be disabled until payment is received. You may upgrade or cancel your account at any time.
- 7.4 Refund Policy
Our support team will be happy to help you with any technical difficulties. Simply email us at email@example.com. If you are not completely satisfied with our services, you may be entitled to a refund.
- In some specific cases we will not be able to make a refund via the same payment system that the refunded purchase had been made. In that cases we will require additional information from our user, to define the acceptable payment system in order to make a full refund.
- This Agreement is personal to you, is your obligation and therefore, you may not assign your rights or obligations of this to anyone.
8. RIGHT TO DISABLE ACCESS
PipelineFX, at its own discretion, may immediately disable your access to the PipelineFX Metered Licensing or Partner Licensing services without refund if PipelineFX believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
9. RESTRICTIONS AND RESPONSIBILITIES
9.1. No Rights in Software
This is an Agreement for you to use the Software, which provides you the access to PipelineFX products and services. You are not granted a license to any software by this Agreement. You may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Software or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Software; modify, translate, or create derivative works based on the Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. You may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by PipelineFX in connection with the Software without preliminary written agreement with the PipelineFX Violation of these restrictions may result in the termination of this Agreement.
9.2. Permitted Use of the Software
The Software shall be used for your internal business (which includes civil or charitable) purposes only. If you are using the Software in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software, then you hereby covenant that, prior to engaging in such activities, you will first request that PipelineFX perform such work at its standard professional services rates. PipelineFX can then decide either: (i) to perform the work in order to achieve such interoperability and charge its standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities, despite a contractual prohibition on such activities.
9.3. Compliance with Laws; Monitoring
You may use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any local, state, Federal laws international treaties.
You hereby agree to defend, indemnify and hold harmless PipelineFX, its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Software or (iii) otherwise arises from or relates to your use of the Software. In addition, you acknowledge and agree that PipelineFX has the right to seek damages when you use the Software for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
9.5. Your Information
Using the varied features of the PipelineFX services and client software, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to PipelineFX. PipelineFX may use this information and any technical information about your use of the Software to improve its appearance for you, facilitate your movement through the Software, or communicate separately with you. If you licensed the Software as a result of solicitation by a marketing partner of PipelineFX, PipelineFX may share your information with the marketing partner and the marketing partner may share related information with PipelineFX. PipelineFX will not provide your contact information to companies you have not authorized for that purpose unless required by law.
9.6. Intellectual Property Rights in Your Content
You agree that you will not upload or transmit any contact lists, communications or content of any type to PipelineFX or in connection with the Software that infringe, misappropriate or violate any rights of any party. By submitting any ideas, concepts, inventions, or content to PipelineFX or using them in connection with the Software, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to PipelineFX or to any third party using the Software, any communication or content that infringes or violates any rights of any party. If you make any submission to PipelineFX or if you submit any text, pictures, graphics, videos, business information, idea or concept to PipelineFX by email, without preliminary notification of confidentiality, you automatically grantor warrant that the owner of such content or intellectual property has expressly granted PipelineFX a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
You may terminate this Agreement at any time by notifying PipelineFX Customer Support in writing or by manual deleting the Qube! software from your system and requesting a COD (Certificate of Destruction) from PipelineFX. Since access to the PipelineFX services is delivered in full at the beginning of any subscription or usage period (depending on the product you purchased), amounts paid for the PipelineFX services under this subscription or usage plan are not refundable. PipelineFX may terminate this Agreement or the Software, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. PipelineFX shall have no liability to you or any third party because of such termination or action. PipelineFX may delete all of your archived data on its servers within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
11. WARRANTY DISCLAIMER; REMEDIES
USE OF THE SOFTWARE AND ANY RELIANCE BY YOU UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. PipelineFX DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND PipelineFX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for PipelineFX to use commercially and timely reasonable efforts to adjust or repair the Software. PipelineFX regularly makes fixes, enhancements and upgrades to its Software for the benefit of all customers on paid subscription plans.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PipelineFX OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " PipelineFX " BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF PipelineFX SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, PipelineFX IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF PipelineFX TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY PipelineFX TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
13. RESTRICTED PERSONS; EXPORT OF SOFTWARE OR TECHNICAL DATA
You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Software is (i) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (ii) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (iii) listed on the Denied Persons List or Terrorists List or Entity List by the U.S. Commerce Department; (iv) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (v) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify PipelineFX within twenty-four (24) hours, and PipelineFX shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to PipelineFX You agree that you shall not use the Software to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Software, or any direct Software thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
14. LINKS TO THIRD-PARTY WEB SITES
This Software permits users to link to non-PipelineFX, third-party web sites. These links are provided to you as a convenience, and PipelineFX is not responsible for the content of any linked web site. Any non-PipelineFX web site accessed from this web site is independent from PipelineFX, and PipelineFX has no control over the content of that web site. In addition, a link to any non-PipelineFX web site does not imply that PipelineFX endorses or accepts any responsibility for the content or use of such web site.
15. NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party Software or service be construed as an approval or endorsement by PipelineFX of that third party or of any Software or service provided by a third party.
16. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
If you believe any materials accessible on or from PipelineFX's websites infringe your copyright, you may request removal of those materials (or access thereto) from the web site by contacting PipelineFX Customers Support (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringed and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
PipelineFX Customers Support may be reached via email: firstname.lastname@example.org
In an effort to protect the rights of copyright owners, PipelineFX maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
- 17.1 If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
- 17.2 PipelineFX and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- 17.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind PipelineFX in any respect whatsoever.
- 17.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.
If you have any other queries relating to this agreement, please contact:
500 Ala Moana Blvd Twr 7 Ste 400
Honolulu, HI 96813, USA