Your use of the Brightcove Service to publish your content is strictly conditioned upon your agreement to (i) the Brightcove Publisher Services Agreement and (ii) this Brightcove AUP*
If you are a website owner or operator who is distributing another publisher's content through a Brightcove player on your own website without having entered into an Affiliate Agreement with Brightcove, then you are hereinafter referred to as an "Unregistered Affiliate", and Section 8 applies specifically to you.
- Right to Reject Content/Suspend Account. Brightcove reserves the right to accept or reject video and any other content, and/or to suspend the account of any publisher, at Brightcove's sole discretion, at any time, whether or not such publisher's content has previously been accepted into the Brightcove Service. Please note that, as a self-service platform, Brightcove will not review or screen content on a regular basis for compliance with these terms or applicable laws. Nevertheless, if Brightcove becomes aware of any content that violates any of the prohibitions set forth herein, or otherwise determines that a publisher's use of the Service is harmful to Brightcove, to third parties, or contravenes applicable laws or regulations, Brightcove may reject such content and/or suspend the publisher's account (although it undertakes no obligation to do any) at any time, without any notice.
- Terms Regarding Uploaded Content. By utilizing the Brightcove Service, you agree that you will not upload video or other content into the Brightcove Service that contains or constitutes: (a) illegal or unlawful content; (b) invasions of personal privacy; (c) pornography or obscenity, or content which would generally considered to be primarily of an "adult" nature (i.e., content that, if displayed in a movie theater, would be expected to receive an "X" rating); (d) promotions of hate or incitement of violence; or (e) violations of copyright, trademark, patent, or any other personal, intellectual property, or privacy right, or which constitute defamation, libel, or slander.
- Terms Regarding Uses of the Brightcove Service. Brightcove may accept any type of video content, with these restrictions: (a) You must own all necessary rights to the content, including copyrights to both the video and the audio. You are responsible for paying any license, guild or other fees to third parties for reproduction or publicati on of the content; (b) You must be able to upload the video to us electronically; (c) You must accept/execute the Brightcove Publisher Services Agreement and abide by the terms therein; (d) You may not use the Brightcove Service to offer, for sale or otherwise, any of the following: (i) Any firearms, explosives, or weapons; (ii) Any tobacco products: (iii) Any items that contain child pornography, or that are otherwise pornographic in nature; (iv) Any controlled substances or pharmaceuticals; (v) Any items that are counterfeit or stolen; (vi) Any registered or unregistered securities; (vii) Any items that violate or infringe the rights of other parties; or (viii) Any items where doing so through the Brightcove Service would cause Brightcove to violate any law or regulation; (e) You may not use the Brightcove Service to perform any of the following prohibited acts: (i) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any "junk mail", "spam", "chain letters", "pyramid schemes", or any other like form of solicitation; (ii) Any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, the Brightcove Service or any end user any software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Brightcove Service; or (iii) Any act which interferes with or disrupts the Brightcove Service or servers or networks connected to the Brightcove Service.
- Security and Usage Restrictions. For certain types of content delivery, Brightcove makes available to you through the Brightcove Console the ability to select the application of third party software activating certain content security and usage restrictions. FAILURE TO COMPLETE AND SUBMIT USAGE RESTRICTIONS AND/OR SECURITY PARAMETERS WITH RESPECT TO ANY CONTENT MAY RESULT IN DISTRIBUTION OF UNSECURED AND/OR UNRESTRICTED CONTENT. Brightcove offers this third-party software in conjunction with the Brightcove Service for your convenience only, on an "As Is" basis only, and Brightcove makes no representations, warranties, or promises about the effectiveness, sufficiency, performance, suitability, or ability of such software to prevent the unauthorized distribution of your content and will not be liable for the failure of such software in any regard. The Brightcove Publisher Services Agreement addresses this issue in more detail.
- Non-Use. As described above, Brightcove reserves the right to suspend delivery of content or de-provision content at any time, for any reason, with or without notice. Please be aware that one of the reasons Brightcove might suspend or de-provision your content is if end users do not access your content for an extended period of time.
- Availability of Your Content. You may terminate the distribution of your content from the Brightcove Service at any time. You expressly acknowledge and agree, however, that Brightcove may preserve certain content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions or the Publisher Services Agreement or any applicable amendments thereto; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Brightcove, its users and the public.
- Unregistered Syndication Services. The Brightcove Service permits publishers to allow Unregistered Affiliates to distribute their content through the Brightcove Service. Specifically, publishers may permit Unregistered Affiliates to copy the Brightcove Player Code without Brightcove's control or mediation and to distribute the publisher's content through a Brightcove player on or through their owned or operated website/s ("Unregistered Syndication"). If you permit Unregistered Syndication, then you - and not Brightcove - are solely responsible for the acts of such Unregistered Affiliates in connection with the distribution of your content. You specifically agree that, as between you and Brightcove, all distribution of your content through Unregistered Affiliates shall be subject to the same economic and legal terms as reflected in the then-applicable Publisher Services Agreement between You and Brightcove.
- Terms and Conditions for Unregistered Affiliates. By utilizing the Brightcove Service to distribute a publisher's content on or through your owned or operated website as an Unregistered Affiliate, you agree to the following terms and conditions:
- Brightcove and/or the publisher of the content may terminate the distribution of the content and/or the availability of the Brightcove Service at any time for any reason on no notice;
- You take the content and the Brightcove Service on an "as is" basis, as it is offered or not from time to time, and Brightcove does not make any representation, warranty, or covenant regarding the content or the Brightcove Service. Brightcove hereby disclaims any and all express and implied warranties as to any matter including, but not limited to, implied warranties of fitness for a particular purpose, merchantability, non-infringement, title, and otherwise to the fullest extent of the law.
- You agree to abide by all of the prohibitions set forth in this Brightcove Pub AUP.
- Except as expressly permitted by Brightcove, You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) "frame" or "mirror" any content on any other server or wireless or Internet-based device to interfere with or re-distribute the Brightcove Service; (iv) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon Your access to or usage of the Brightcove Service; (v) rent, lease, transfer, or otherwise transfer rights to any aspect of the Brightcove Service; or (vi) take any act to remove, obscure, interfere with, or modify the presentation or functionality of any aspect of the Brightcove Service. You further agree that upon termination of availability of the content, You shall no longer have the right to use the Brightcove Service, display any Brightcove Player, or stream or make available for download any content from the Brightcove Services on or through Your owned or operated website/s.
- You expressly agree and acknowledge that Brightcove retains any and all right, title and interest in all of Brightcove's intellectual property and other rights, including but not limited to the Brightcove Service, the Brightcove Player Code, and the Brightcove Marks and all components thereof.
- You agree to indemnify fully and hold harmless Brightcove and Brightcove's officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns (the "Brightcove Indemnitees") from and against any and all claims, damages, liabilities, fees or the like brought by end users of your website/s, advertisers on your website/s, or other third parties arising out of or related to use of the Brightcove Service on or through your website/s, and/or for the distribution of the content on or through your website/s through the Brightcove Service, and/or for breach of any of these terms and conditions.
- Under no circumstances shall Brightcove be liable to any Unregistered Affiliate or any other party for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages) arising from or related to the delivery (or non-delivery) of the Brightcove Service (including such damages incurred by third parties), such as, but not limited to, loss of revenue, or anticipated profits or lost business. Under no circumstances shall Brightcove be liable for damages to any Unregistered Affiliate for any dollar amount.
- Any claim, action, complaint, dispute, litigation or the like brought against Brightcove or any Brightcove Indemnitee by any Unregistered Affiliate or by any end user of any website owned or operated by any Unregistered Affiliate, including without limitation regarding these terms and conditions, their interpretation, performance or any breach thereof: (i) shall be construed in accordance with, governed by, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state, (ii) shall be adjudicated solely in the state or federal courts located within the Commonwealth of Massachusetts, and (iii) each Unregistered Affiliate and end user of any website owned or operated by any Unregistered Affiliate hereby waives any objection to the foregoing provisions of this Subsection (h).
- Authorization & Consent to Receive E-Mail Notifications. By signing up to use the Brightcove Service, you consent to receive important e-mail notifications from Brightcove related to the Brightcove Service.
Brightcove may change these policies at any time without advance notice.
*In the event of a conflict between the provisions of this AUP and the provisions of the Brightcove Publisher Services Agreement, the provisions of the Brightcove Publisher Services Agreement shall have priority.
Last updated: October 27, 2006