Without limiting the foregoing, if Publisher fails to cease Use of the Products or Services following expiration or termination, Publisher will continue to pay the Fees and Overages. To the extent that such continued use is due to Products no longer under Publisher's control, such Fees shall be pro rata based on the volume of ongoing Use, until such Use ceases. Upon expiration or termination, Company may delete any Content, information, files or materials in or related to Publisher's account, and Company will have no obligation whatsoever to save or make any such Content, information, files or materials available to Publisher or any other party.
Publisher agrees that Company will have no liability whatsoever to Publisher or any other party related to termination of access to Publisher's account or as a result of the deletion or loss of any Content, information, files or materials in or related to Publisher's account.
Upon expiration or termination, all rights, obligations and licenses of the parties shall cease, except that all obligations that accrued prior to the effective date of expiration or termination and remedies for breach of these Terms of Service shall survive.
Company will provide technical support and maintenance for the Products in its sole discretion except as otherwise provided in a paid support package set forth on an applicable Order Form, and Company shall have no obligation to provide additional technical support, maintenance, updates or enhancements to the Products or to provide customer service or support to Publisher's End Users.
All installation and maintenance of Products by Publisher shall be at the sole expense of Publisher. Company is not responsible for performance issues caused by low-performance End-User computers, low-bandwidth End-User Internet connections, periodic network congestion among network providers, low-bandwidth connectivity from redirected image and video sources, improperly configured campaigns and low-bandwidth connectivity from any Publisher Content servers.
In the event Company identifies slow performance due to its system, Company shall use commercially reasonable efforts to restore the Services to acceptable performance levels. Publisher's sole remedy for any disruption as determined by checking the response of a Product's HTTP API or failure to provide support shall be a pro rata refund of the Fee paid by Publisher for the relevant period. Legacy support for JW Player version 6. Company, at its discretion, may make available future upgrades or updates to the Products.
Upgrades and updates, if any, may not necessarily include all existing or new features that Company releases for newer versions of the Products. The Company shall retain all intellectual property rights pertaining to the Products, including but not limited to copyright, trademark and patent rights and all rights not expressly granted herein are reserved. If Publisher creates an Adaptation, Publisher shall obtain all intellectual property rights in and to the elements of such Adaptation created by Publisher and the Company shall retain all intellectual property rights in and to any elements of the Products incorporated in such Adaptation.
Publisher is prohibited from creating any Adaptation that in any manner infringes the patents, trademarks, copyrights, trade secret rights or other rights of the Company or any third party. In the event that you provide comments, suggestions, ideas, or recommendations to the Company with respect to the Products and Services including, without limitation, with respect to modifications, enhancements, improvements and other changes collectively, "Feedback" , you hereby grant to the Company a worldwide, royalty free, irrevocable, transferable, perpetual license to use and otherwise incorporate any Feedback.
Exercise of the rights and licenses granted hereunder shall be subject to the Company's Privacy Policy , located at www. Publisher shall place prominently and maintain on all locations on which it Uses the Products, and comply with, a privacy statement or policy that adheres to or exceeds applicable law, regulations and industry self-regulatory programs. Service Analytics may collect web, player and browser-based information and metadata, and Publisher grants Company a limited, royalty-free license to collect and use such information and metadata to facilitate the operation of Products and for its internal business purposes, and as more specifically described in this and the following section.
Publisher will register all video Content with a Media ID an 8-digit identifier in accordance with the Documentation and will initiate all Plays using the applicable Media ID. Publisher is strictly prohibited from removing, altering, disabling or circumventing the Licensing Key or Service Analytics or otherwise interfering with the operation thereof. As part of Company's continued development and improvement of the Products, Publisher authorizes Company to periodically conduct limited testing through the Products.
Incorporated herein by reference is the Company's Data Processing Agreement, available at www. In operating our technology and providing our Products, we use cookies, web pixels and similar passive technologies to deliver and render Content. Using these technologies, we may collect data about the Content or about the websites or applications on which the Content is displayed, or about End Users' interactions with the Content or the websites and applications.
Publisher agrees to disclose in its privacy policy prominently posted on its website, or otherwise in a legally sufficient manner, that a the Products collect information as described in the preceding paragraph, b this information may include End User's activity on Publisher's Website or application or End User's interaction with Content or the Website or application, and c this information may be used by third parties to serve, optimize and measure advertising and Content.
For avoidance of doubt, the foregoing does not require that Publisher describe JW Player or its Products specifically or by name; rather, it requires that the above relevant disclosures about data collection, cookie usage, data sharing and user choice, or other substantively similar or legally sufficient disclosures be provided.
Publisher not the Company is responsible for any statements and omissions in Publisher's privacy policy. Further, while we may recommend language for you to insert in your privacy policy, this does not change the foregoing, and Publisher should not rely on any such recommendations as or as a substitute for legal advice.
Department of Commerce, and that all data processed by Company pursuant to the provision of the Products is stored on servers located in the United States. Privacy Shield frameworks. If Company determines that it can no longer provide such level of protection as necessary for Company's provision of the Products to Publisher: x Company will promptly notify Publisher of this determination; y Publisher shall have the right to terminate these Terms of Service without penalty upon notice to Company; and z Company will cease processing the information or take other reasonable and appropriate steps to remediate the situation.
To the extent Publisher accesses or uses integrations with third-party services made available by Company or through the Products e. If you would like more information about our privacy practices, please see the Company's Privacy Policy, located at www. Fees are published at www. Company may modify the Fees prior to the commencement of each Renewal Term, provided, Company shall provide Enterprise Edition Publishers updated pricing at least forty-five 45 days prior to commencement of the applicable Renewal Term.
Publisher agrees to timely pay in U. Dollars all Fees and Overages due during the Term. Company may invoice Publisher prior to the Effective Date. Such suspension shall not affect Publisher's duty to pay all Fees or Overages due under any Order Form or Addendum or constitute termination of these Terms of Service absent Company's notice of termination pursuant to the Termination section hereof.
Past-due Fees and Overages shall incur interest at a rate of one-and-one-half percent 1. Publisher shall be liable to, and fully reimburse, Company for all costs including attorney's fees incurred in connection with Company's collection of past-due Fees and Overages. All Fees are non-refundable except as otherwise provided in these Terms of Service. Publisher shall be responsible to pay all Taxes except Company's corporate taxes and all other charges for example, currency exchange settlements due in connection with the Fees and Overages and Publisher's use of the Products.
Periodic e. Publisher hereby authorizes Company to charge all Fees and Overages incurred to the designated payment form and acknowledges that periodic Fees and Overages may be charged automatically and without separate authorization. By choosing a recurring payment plan, Publisher acknowledges that such Products or Editions have an initial and recurring payment feature and Publisher accepts responsibility for all recurring charges prior to cancellation. By electing to Use Related Videos, Publisher automatically grants Company a limited, royalty-free license to perform analysis of Publisher's Content in connection with Related Videos' operation and authorizes Company to deliver Recommended Content to Publisher and End Users based thereon.
Company owns any models, algorithms, analysis, or other designs and know-how, used in or derived from performing such analysis and optimization. Publisher acknowledges that recommendations of Recommended Content are automatically generated and, while Company will use reasonable efforts to ensure the relevance of Recommended Content, all its Recommended Content and, if applicable, that provided by Recommended Content Partners, is provided AS-IS and Company disclaims any and all responsibility for the relevance or nature of Recommended Content.
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform.
You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License.
This Section 4 a applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License.
If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by Section 4 d , as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4 d , as requested. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under: i the terms of this License; ii a later version of this License with the same License Elements as this License; or, iii either the unported Creative Commons license or a Creative Commons license for another jurisdiction either this or a later license version that contains the same License Elements as this License e.
You must include a copy of, or the Uniform Resource Identifier for, the Applicable License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that restrict the terms of the Applicable License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the Applicable License.
You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties. When You distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work, You may not impose any technological measures on the Derivative Work that restrict the ability of a recipient of the Derivative Work from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4 b applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of the Applicable License.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.
The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works. The credit required by this Section 4 d may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors.
For the avoidance of doubt, where the Work is a musical composition:. Deliver Compelling Video Anywhere Our streaming services process and deliver high-quality video faster and at a smaller size to your audience on every device.
Deliver Instantly. Boost your CPMs. Deepen Viewer Engagement Capture your viewers' attention and keep them watching. Reply to this topic Start new topic. Recommended Posts. Posted December 12, Link to comment Share on other sites More sharing options Posted December 13, Join the conversation You can post now and register later. Reply to this topic
0コメント