These Terms and Conditions contain legal obligations. Please read them carefully.
- Ownership of Service.
Welcome to Brightcove. The Brightcove websites (www.brightcove.com, www.brightcove.tv and any variations of or successors to these websites, collectively, the "Brightcove Website" or the "Website") and the Brightcove service (together with the Website, the “Brightcove Service” or the “Service”) are owned by Brightcove, Inc. and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Brightcove"). The Brightcove Service currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with Brightcove to publish their Content through the Brightcove Service on their site. The Brightcove Service may expand or change from time to time.
- Application of General Terms and Conditions.
Use by end users of the Brightcove Service and the Brightcove Website is governed by these General Terms and Conditions. For publishers' use of the Brightcove publishing services, a separate set of terms and conditions apply which are found at the URL http://www.brightcove.com/terms-and-conditions/acceptable-use-policy/. Unless explicitly stated otherwise, any new Services, including any new Brightcove properties, shall be subject to these General Terms and Conditions. In addition, Brightcove may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services. When you are using any service or product offered by Brightcove that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, Brightcove also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the Brightcove Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.
Brightcove does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Please direct any legal questions to:
290 Congress Street
Boston, Massachusetts 02210
- Acceptance and Accuracy.
By using the Brightcove Service and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and conditions and any other posted guidelines or rules applicable any website where the Brightcove Service is found. Brightcove may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. Brightcove does not have a duty to update information contained in the Website, and Brightcove will not be liable for any failure to update such information.
We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
- Conditions and Restrictions of Use.
- Termination. Use of the Brightcove Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that Brightcove may terminate and/or suspend your access to any portion of the Brightcove Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Brightcove. Any such termination or suspension shall be in Brightcove' sole discretion and may occur without prior notice, or any notice. Brightcove further reserves the right to terminate or suspend any user's access to Brightcove or to any portion of the Brightcove Service for any conduct that Brightcove, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Brightcove or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Brightcove further reserves the right to terminate or suspend any user's access to the Brightcove Service for any reason or for no reason at all, in Brightcove' sole discretion, without prior notice.
- Access to Content. Please be aware that the majority of the content found on or through the Brightcove service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If Brightcove learns that anyone under the age of 13 seeks to conduct a transaction through the Services, Brightcove will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Brightcove Service may not be available to children under 13 under any circumstances.
- Registration and Privacy. Certain of the Brightcove Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Brightcove registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brightcove has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brightcove has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
For those portions of the Brightcove Service that require registration, u pon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Brightcove of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Brightcove cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
- Responsibility for Minors. In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: ( i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE BRIGHTCOVE SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
- Content Not Screened or Error Free. You acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Brightcove does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will Brightcove be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. Brightcove does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the Brightcove Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:
c/o General Counsel
290 Congress Street
Boston, MA 02210
By Phone: +1 617 500 4947
By Fax: +1 617 261 4830
- User Agreement Not to Circumvent Publishers’ Ownership Rights. You acknowledge and agree that your rights to view the publisher content that you access on or through the Brightcove Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Brightcove Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
- Prohibited Conduct.
In addition to 6.F. above, you agree that you will not use Brightcove Services to:
- Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a Brightcove official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, otherwise transmit, or post links to any material that contains 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 Services or Brightcove.
- Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use Brightcove or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction.
- Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
- Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items that are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where doing so through Brightcove or the Service would cause Brightcove to violate any law.
Brightcove also may suspend or terminate any user account for any Service because of user inactivity. For example, a Brightcove account may be terminated or suspended if a user fails to sign-in to the Brightcove Service for an extended period of time. What is considered "user inactivity" varies depending on the Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.
- Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
Brightcove respects the intellectual property of others. Brightcove does not, however, independently confirm that all Content made available through the Brightcove Service is provided by a valid rights holder. In the event that Brightcove becomes aware that Content published on or through the Brightcove Service has been provided by a person who is not a valid rights holder, Brightcove may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Brightcove’s Copyright Agent and/or General Counsel the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located or found on the Website or Service;
- your address, telephone number and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Brightcove’s Copyright Agent and/or General Councel by mail, fax or email as follows:
c/o Copyright Agent or General Counsel
290 Congress Street
Boston, MA 02210
Phone: +1 617 500 4947
By Fax: +1 617 261 4830
By Email: email@example.com
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
- License To Content.
- DISCLAIMER OF WARRANTIES
BRIGHTCOVE AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIGHTCOVE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIGHTCOVE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. BRIGHTCOVE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIGHTCOVE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. BRIGHTCOVE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BRIGHTCOVE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BRIGHTCOVE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY BRIGHTCOVE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
FORWARD-LOOKING STATEMENTS. THE WEBSITE CONTAINS EXPRESS OR IMPLIED FORWARD-LOOKING STATEMENTS, WHICH ARE BASED ON CURRENT EXPECTATIONS OF MANAGEMENT. THESE STATEMENTS RELATE TO, AMONG OTHER THINGS, OUR EXPECTATIONS REGARDING MANAGEMENT’S PLANS, OBJECTIVES, AND STRATEGIES. THESE STATEMENTS ARE NEITHER PROMISES NOR GUARANTEES, BUT ARE SUBJECT TO A VARIETY OF RISKS AND UNCERTAINTIES, MANY OF WHICH ARE BEYOND OUR CONTROL, AND WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED IN THESE FORWARD-LOOKING STATEMENTS AND AND SUCH STATEMENTS ARE CURRENT ONLY AS OF THE DATE THEY ARE MADE. FOR A DISCUSSION OF SUCH RISKS AND UNCERTAINTIES, SEE "RISK FACTORS" IN THE COMPANY'S S-1, FILED WITH THE SEC ON AUGUST 24, 2011.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BRIGHTCOVE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BRIGHTCOVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BRIGHTCOVE NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL BRIGHTCOVE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
You agree to indemnify and hold Brightcove and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published Brightcove usage terms, conditions, policies, or requirements, or your violation of any rights of another.
- Third Party Links.
The Website may contain links to websites operated by other parties. The linked sites are not under the control of Brightcove, and Brightcove is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply Brightcove’s endorsement of material on any other site, and Brightcove disclaims all liability with regard to your access to such linked websites. Brightcove provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at your own risk.
- Consent to Exclusive Jurisdiction, Waiver of Objections.
These Terms and Conditions and the relationship between you and Brightcove shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts for the adjudication of any and all claims arising out of your use of the Brightcove Services, and you waive any objection thereto.