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PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE This Agreement is between Rendercore, Inc. ("Rendercore") and you ("you" or "Customer"), as an authorized user of Rendercore Remote Rendering Services, and governs the terms and conditions of your use of Rendering Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Rendercore (collectively, the "Agreement"), constitutes the entire agreement between Rendercore and you regarding Rendering Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "Remote Rendering Services" or "Services" are defined as any and all services provided by Rendercore to you either now or in the future. By using Rendercore Services, you confirm your acceptance of, and agree to be bound by, this Agreement. Definition of Terms a. Rendercore, Inc. is referred to herein as "Rendercore," "we," "us," or "our." b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer." c. The equipment and software owned, leased, used by, or maintained for or by Rendercore are referred to herein as "the Rendercore system" or "system." d. User files, directory structure, and file content are referred to herein as user files. e. User file uploaded in and/or gathered by Rendercore's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data." Description of Service. Rendercore is in the business of providing Internet-based rendering services. It is our goal to provide you with the best access possible to remote computing resources available through the Internet. Our business depends upon it and Rendercore is strongly motivated to achieve success. We want you to have the best possible experience in dealing with Remote renderfarm and using Rendercore's services. Registration To use the Service, you must submit a complete Rendercore registration form, which is available at https://www.rendercore.com (the "Registration Form"), on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Rendercore discovers that any of your Registration Data is inaccurate, incomplete or not current, Rendercore may terminate your right to access and receive the service immediately upon notice. Rendercore will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. Rendercore may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. Rendercore reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Rendercore need not provide a reason for its rejection. If Rendercore rejects your application, then you may reapply and Rendercore will reconsider the application. Incomplete Signup Emails If you begin the sign up process for Rendercore Services but fail to complete the process, Rendercore may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize Rendercore to make such contact, even if you ultimately determine not to sign up for Rendercore Services. Non-Transferable Membership. Rendercore grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Rendercore to you are retained. User Accounts. A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Rendercore. To open a user account, you or your company must complete the registration process by providing Rendercore with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Rendercore suspect that such information is untrue, inaccurate, not current or incomplete, Rendercore has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. Payment of Fees. Rendercore offers its Service, as described on the Rendercore website (www.rendercore.com) and as published within the Service, for Rendering service charges(the "Fees") which you will pay to Rendercore by authorized credit card. The Fees applicable for the Service are available at www.rendercore.com and as published within the Service. Rendercore reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). Your authorized credit card will automatically be charged Fees on the day you downloaded output files, or the expiration of the initial trial period, if any, whichever is later. Thereafter, the Fees will automatically be charged to your authorized credit card. In the event you cancel the Service, Rendercore will not refund any Fees already paid by you. Your account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. If you believe Rendercore has billed you incorrectly, you must contact Rendercore no later than 7days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Rendercore's Customer Support department (support@rendercore.com). Rendercore may choose to bill through an invoice, in which case, full payment for invoices issued in any given date must be received by Rendercore thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection. Trial Offers, Coupons, Credits and Special Offers. Rendercore reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with Free test rendering entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period You will be automatically subscribed and we will bill your credit card for the fees to the Service plan You selected at registration or to a default Service plan for trial subscribers selected by Rendercore. Termination. Rendercore, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Rendercore at any time; however, you will not receive a refund of any portion of your fees paid to Rendercore. Upon termination by Rendercore or at your direction, you may request a file of your Data, which Rendercore will make available for a fee. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Rendercore shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party. Proprietary Rights. Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Rendercore or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Rendercore and/or other Rendercore products and services referenced herein are either trademarks or registered trademarks of Rendercore. Indemnification. You shall indemnify and hold Rendercore and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement. Disclaimer of Warranties. RENDERCORE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. RENDERCORE DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RENDERCORE. Limitation of Liability. IN NO EVENT SHALL RENDERCORE'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL RENDERCORE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF RENDERCORE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Additional Rights. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you. Local Laws and Export Control. Rendercore controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Rendercore makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. Modification to Terms. Rendercore reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. General. This Agreement will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Los Angeles, California. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Rendercore as a result of this agreement or use of the Service. The failure of Rendercore to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Rendercore in writing. Rendercore has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Rendercore and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. 2005 Rendercore, Inc. Privacy Policy / Terms of Service
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