Welcome to The Bright Spot™, a Brightcove Community.
1. Ownership of Service.
The Bright Spot community website (https://community.brightcove.com/, and any variations of the website, collectively the “Bright Spot”), is owned and managed by Brightcove Inc. or its affiliates, successors, and assigns (collectively referred to as “Brightcove”).
2. Application of Terms and Conditions.
In the event of any conflict between the provisions of this Agreement and the Brightcove General Terms and Conditions, the provisions of this Agreement will have priority. For the avoidance of doubt, Bright Spot is part of the “Brightcove Apps,” as defined in the Brightcove General Terms and Conditions.
3. License Grant.
(a) License to Bright Spot. Subject to your compliance with this Agreement, Brightcove grants to you a limited, worldwide, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Bright Spot. Except as expressly provided in this Agreement, you are not granted any other intellectual property right to access and/or use any other software, service, or other proprietary right.
(b) License to Your Content. You grant Brightcove all rights and licenses to display, reproduce, disseminate, and otherwise use all data, information, and content you upload or otherwise make available on Bright Spot (“Content”) in connection with your use of Bright Spot. Brightcove will use the Content you provide in connection with Bright Spot, though Brightcove is not responsible for reviewing, validating, or otherwise confirming the accuracy, appropriateness or completeness of such Content.
4. User Conduct.
(a) Community Guidelines. You agree to review and comply with the Bright Spot Community Guidelines available at https://www.brightcove.com/en/legal/the-bright-spot-guidelines/. Brightcove may update the Community Guidelines from time to time by updating the applicable web page. Your use of Bright Spot is subject to the most recent Community Guidelines, which are incorporated herein by reference.
(b) Acceptable Use. In addition to the Community Guidelines, you agree that you will not use, nor permit any other person to use, Bright Spot to:
- (i) (1) copy, modify, adapt, alter, translate, or create a derivative work of, any software underlying Bright Spot; (2) sublicense, lease, rent, loan, distribute, or otherwise transfer Bright Spot to any other person; (3) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or algorithms, structure or organization) of any software underlying Bright Spot; or (4) use or copy any software underlying Bright Spot except as expressly allowed hereunder;
- (ii) collect, transmit or process: (1) infringing, obscene, threatening, offensive, libellous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party rights, including privacy rights; (2) any non-public or personally-identifiable data regarding an individual’s or entity’s financial or economic identity, sexual orientation, religious beliefs, medical history or physical identity;
- (iii) send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
- (iv) continue to use Bright Spot in a manner that interferes with or disrupts the integrity or performance of Bright Spot following a notice from Brightcove of such use;
- (v) attempt to gain unauthorized access to Bright Spot or its related systems or networks;
- (vi) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Bright Spot;
- (vii) use any data mining, robots or similar data gathering or extraction methods; or
- (viii) access Bright Spot for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to Bright Spot.
(c) Review of Content. Any Content posted within Bright Spot is not indicative of Brightcove’s endorsement, validation, or approval. You agree that Brightcove may voluntarily remove your Content from Bright Spot, for any reason, or take any action in good faith to restrict access to or availability of material on Bright Spot that Brightcove, in its sole discretion, considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
5. Suspension of Access.
In addition to other rights afforded to Brightcove, Brightcove reserves the right to immediately suspend or terminate, without notice, your access to and/or your use of Bright Spot, or any portion thereof, to the extent that Brightcove determines that such suspension is necessary (i) due to actual or suspected violation of this Agreement, (ii) to comply with applicable law (including without limitation a take-down notice under the Digital Millennium Copyright Act), (iii) to prevent harm to any other end user of, or to, Bright Spot, or (iv) to otherwise protect Brightcove from potential legal liability or harm to its reputation or business. Nothing contained in this Agreement will be construed to limit Brightcove’s actions or remedies or act as a waiver of Brightcove’s rights in any way with respect to any of the foregoing activities. Brightcove shall not be responsible for any loss or damages incurred by you as a result of any termination or suspension of access to or use of Bright Spot under this provision.
6. Term and Termination
You agree to be bound to this Agreement for so long as you use and/or maintain an account with Bright Spot. Brightcove may, in its sole discretion, terminate this Agreement with or without cause and without notice to you. In case of such termination, you must cease all use of Bright Spot, and Brightcove may immediately revoke your access to Bright Spot. Following termination by Brightcove or by you (for any reason), Brightcove is not obligated to return any of your Content, and Brightcove may continue to make your Content accessible in the Community in an anonymized form.
7. Third Party Connections
You understand and agree that Brightcove is not responsible for your engagement with any third party as a result of your use of Bright Spot (whether as an end user of Bright Spot or as a Brightcove customer). Your engagement with any third party as a result of your use of Bright Spot, including but not limited to sharing of personal or confidential data, is strictly between you and such third party. You hereby release Brightcove and its designees from all claims and liability, arising from or in connection with, your engagement with a third party.
8. Representations and Warranty.
You represent and warrant that: (i) you will access and/or use Bright Spot in compliance with all applicable laws; (ii) your participation in Bright Spot will not conflict with or result in a violation of any agreement to which you are bound; (iii) you have all necessary third-party consents, licenses, and permissions regarding the use, disclosure, and transmission of Content through Bright Spot.
(a) Changes to Terms. Brightcove may amend this Agreement from time to time without notice. The amended Agreement will be available at: https://www.brightcove.com/en/legal/the-bright-spot-terms-of-use/. When this Agreement is amended, the “Version Number” and “Last Modified” date (or similar designation) will be updated accordingly. You may be required to click to agree to the modified Agreement in order to continue using Bright Spot, and in any event, your continued access and/or use of Bright Spot after the effective date of the modifications constitutes your acceptance of the modified terms.
(b) General Terms. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been agreed-upon with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement is subject to provisions of the Brightcove General Terms and Conditions, which are incorporated herein by reference, including but not limited to Section 3 (Non-Discrimination), Section 5 (Acceptance and Accuracy), Section 6 (Conditions and Restrictions of Use), Section 7 (Prohibited Conduct), Section 8 (Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement), Section 9 (License to Content), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnity), Section 13 (Third Party Links), and Section 14 (Consent to Exclusive Jurisdiction, Waiver of Objections).
© Brightcove Inc. 2022
Last Updated: June 21, 2022