Acceptance of Terms.
Ankoder.com (referred to here as "Ankoder.com") provides its Service (as defined below) to you subject to this Terms of Service agreement ("TOS"). Ankoder.com may update this TOS from time to time and you can review the most current version of the TOS at any time at http://www.ankoder.com/terms. By signing up to use the Service, you signify your binding acceptance of the TOS and you represent that you are of legal age to form a binding contract.
Your Media
Your media (including text, video, photographs, graphics, images and music) are yours. We claim no intellectual property rights over the material you have created and provided to Ankoder.com. You can delete your media and modify and/or remove associated content at your discretion. In case of technical problems (servers crashing, hosting crashing), Ankoder.com can't be hold for responsible for the loss of user's files.
Your Information
The term "Your Information" means any information you provide to Ankoder.com or other users in using the Services, including in any registration process, in any public message area or through any email, messaging, or sharing feature. Your personal information (such as name and email address) will be deemed to be confidential. With the exception of content shared with others using the Services, and any non-personal information or material sent to Ankoder.com will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Ankoder.com or others. You are solely responsible for Your Information. Your Information may not:
- be false, inaccurate, misleading or fraudulent;
- infringe anyone's copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation;
- be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing;
- contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way;
- create liability for Ankoder.com or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
Passwords
You may not create multiple accounts. With regards to your password, you understand that you are solely responsible for maintaining its confidentiality, and you shall be solely and fully responsible for all activities that occur under your account. If a password is lost or stolen, it is your responsibility to notify Ankoder.com immediately so that the missing password can be deactivated and a new one assigned. Ankoder.com shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password.
PROHIBITED USES
Improper Conduct
You agree that you will not:-
- impersonate any other individual, including without limitation another user or an Ankoder.com staff member;
- engage in harassment of any form, including without limitation through improper language or excessive frequency or size of messages;
- send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages;
- use the Services for any unlawful purpose;
- otherwise use the Services in a deceptive, abusive or otherwise disruptive manner.
- You are solely responsible for your interactions with other users of the Services. Ankoder.com reserves the right to monitor disputes between you and other users.
Copyright Infringement
You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of Ankoder.com, or its end users. You agree that you will not use the services to create derivative works of any kind based on other parties' materials or upload or download any such materials, except as expressly permitted hereunder, or unless you have obtained all necessary rights and licenses from the owners of such materials. You acknowledge that it is your responsibility to determine which rights are necessary and who has proper authority to provide such rights. You agree to indemnify, defend and hold harmless Ankoder.com, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the "Ankoder.com Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, and any content of any kind that you create using the Services or upload in any way, infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.
Interference and Unauthorized Access
You agree that you will not:-
- attempt to circumvent user authentication or the security of any Ankoder.com account;
- use any robot, spider, other automatic device, or manual process to monitor or copy Ankoder.com's web pages or the content contained in them;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Services;
- take any action that imposes an unreasonable or disproportionately large load on Ankoder.com's infrastructure, including without limitation "denial of service attacks". If you in any way violate any system or interfere with network security you may incur criminal or civil liability. Ankoder.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Proprietary Materials
The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include text, video, API, software, photographs, graphics, images, music and sound (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Specifically, you may use the Proprietary Material for your personal, non-commercial use. You may advise Ankoder.com promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively "Marks") hereunder, shall accrue solely to the respective owners of such Marks. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY ANKODER.COM.
Linked Sites
Ankoder.com is not affiliated with sites that may be linked to the Services through hypertext ("Linked Sites"). Ankoder.com has no control over, and is not responsible for, the content on/from any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.
Disclaimer of warranties
Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis, and Ankoder.com expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Ankoder.com does NOT warrant or guarantee that
- the services are compatible with any software, including internet browser software;
- the services will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties;
- all content will be accurate, complete or up to date;
- any information or other content contained within the services will not contain defamatory or adult-oriented material, or material which some individuals may deem objectionable;
- the functions or services Ankoder.com performs will be uninterrupted, timely, secure or error-free or that defects in the services will be corrected. You specifically acknowledge and agree that Ankoder.com is not responsible for the content distributed on or through the services, and it assumes NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.
Limitation of Liability
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, in no event will the Ankoder.com parties (as defined in the copyright infringement section above) be liable to you for any damages whatsoever with respect to your use of the services, including without limitation any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the Ankoder.com parties will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.
You understand and agree that Ankoder.com shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Ankoder.com has been advised of the possibility of such damages), resulting from:
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- the use or the inability to use the Service;
- the cost of procurement of substitute services resulting from any services obtained through or from the Service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Service;
- inaccuracies, mistakes, or errors of content;
- personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service;
- any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or
- any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory.
General Terms and Conditions
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- You understand that Ankoder.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You agree that you must not:modify, adapt or hack the Service to falsely imply that it is associated with Ankoder.com.
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the
Service without the express written permission by Ankoder.com.
Ankoder.com, in its sole discretion, will determine abuse or excessive usage of the API. Ankoder.com will make a reasonable attempt via email to warn the account owner prior to suspension. The failure of Ankoder.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Ankoder.com and govern your use of the Service, superseding any prior agreements between you and Ankoder.com (including, but not limited to, any prior versions of TOS).
Payment and Refunds
We may specify the manner in which you will pay any fees. All amounts payable by you under this Agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority. The Service is billed on a monthly basis calculated by your usage as specified in Ankoder.com Website and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. We may increase or add new fees for any existing Service or Service feature, or implement a fee for any previously Free Service or Free Service feature, by giving you 30 days' advance notice. Such notice will be posted on the Ankoder.com Website for the affected Service. You agree that you are responsible for checking the Ankoder.com Website each month to confirm whether there are any new fees and their effective date(s). All fees are in US dollars and exclusive of all taxes where appropriate. Ankoder.com provides an interface for the account owner (as defined in the sign-up procedure) to change credit card information eg. upon card renewal. The account owner will receive an email receipt upon each credit card charge. All such receipts are also available for the account owner from within the application. Ankoder.com does not store your detailed credit card information; this is kept securely at our hosting gateway, as required by law.Cancellation and Termination
You are solely responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by clicking on the Account link in the global navigation bar at the top of the screen. There are no other means of canceling your account. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Ankoder.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account. Ankoder.com reserves the right to refuse service to anyone for any reason at any time. All credit card information will be deleted from the payment gateway upon cancellation. Without limiting other remedies, Ankoder.com may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if:- you breach this Agreement or any of the documents it incorporates by reference;
- Ankoder.com is unable to verify or authenticate any information you provide to it; or Ankoder.com believes that your actions may cause legal liability to any person or entity.
