Terms and Conditions
I hereby agree to be bound by these Terms and Conditions with AlphaRender
I hereby acknowledge that I, “Client”, am authorized to create a AlphaRender account, that I am authorized to provide payment to AlphaRender, and that I am authorized to upload content to AlphaRender for rendering production.
By accessing AlphaRender, downloading its desktop client application (OwnCloud), or uploading content to be rendered, Client agrees to be bound by these Terms and Conditions, all applicable laws and regulations, and agrees that the Client is responsible for compliance with any applicable local laws. If any user does not agree with any of these terms, they are prohibited from using or accessing AlphaRender. The materials contained in this web site and in OwnCloud software are subject to intellectual property law are protected by applicable copyright and trademark law.
AlphaRender understands and acknowledges that Clients will submit confidential information to AlphaRender for rendering therefore AlphaRender will hold all Client submitted data and projects in confidence, and will not copy, use, or share Client data with any person or entity outside of AlphaRender and its employees without the express written authorization of the Client. AlphaRender will not store Client’s complete render projects from the Client after the render job has been completed and delivered back to the Client or cancelled by the Client.
Client acknowledges that by sharing their AlphaRender account name or password, Agent GUID, or other account information provided by AlphaRender, Client has authorized those additional people or entities to submit projects to AlphaRender, and Client will be charged for those projects. Client acknowledges that these additional people and/or entities are their agents and are bound by these Terms and Conditions.
Client will review all jobs and orders prior to submission, and will be charged for all GHz-hours used, according to the Pricing Policy, for all jobs, even if the data submitted by the Client is incomplete, improperly submitted, or corrupted. By submitting content, a user acknowledges that they are a Client or are an authorized agent of a Client, that they are authorized to submit the project to AlphaRender for rendering and that they are authorized to give AlphaRender permission to charge the Client.
Client may terminate a render job after it has been submitted to AlphaRender, but Client will be charged for all jobs, even if the job is terminated prior to completion. Client will only be charged for actual GHz-hours spent rendering the project if the job is terminated before completion.
AlphaRender shall not be responsible for any of its Client’s project deadlines or timelines that are not met. AlphaRender will not guarantee delivery of a completed render job on any timeline or at any specific rendering speed. Any information on our website related to processing speed is for educational purposes only, and is not a guarantee of future processing speeds. AlphaRender shall not be responsible for any claimed damages, including incidental damages, consequential damages, and lost profits, lost savings, business interruption, or loss of data which may arise from use of AlphaRender’s services, for any reason whatsoever.
Client shall defend, indemnify and hold AlphaRender harmless against all actual and alleged claims, causes of action, loss, liability, and/or injury, whether brought in a court of law or by administrative action, arising out of the Client’s use of AlphaRender, its software, or its services. This indemnification includes, but is not limited to, reimbursement for all costs, fees, attorney fees, fines, and judgments.
If Client discovers a claim or demand against AlphaRender that is subject to arbitration under this Terms and Conditions, the Client shall have one year from the date of such discovery in which to settle such claim or to start arbitration on it. If the Client fails to initiate arbitration within the period stated, the claim or demand in question shall be deemed to have been abandoned.
ALPHARENDER DOES NOT WARRANT THAT THEIR SOFTWARE WILL WORK WITH OTHER SOFTWARE AND HARDWARE PROVIDED BY THIRD-PARTIES. INSTALLATION OF ALPHARENDER CLIENT APPLICATION AND USING ALPHARENDER SERVICES IS AT THE CLIENT’S SOLE DISCRETION, AND THE CLIENT IS SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS HARDWARE, SOFTWARE AND DATA. Although AlphaRender does not warrant compatibility with third-party hardware or software, please notify AlphaRender of any incompatibility that is discovered.
CLIENT ACKNOWLEDGES THAT ALPHARENDER’S SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, AND THAT ALPHARENDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
AlphaRender is not liable for failure to perform if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), failure of third party equipment, hostilities, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout, interruption or failure of electricity or telephone service, or any other interruption beyond AlphaRender’s control.
Any provision of this Terms and Conditions which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
This agreement shall be governed by and construed in accordance with the laws of the Canadian association.
This Terms and Conditions embodies and constitutes the entire understanding between the parties with respect to the use of AlphaRender’s services, and all prior contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Terms and Conditions.
AlphaRender reserves the right to change or update its Terms and Conditions. The current version of the Terms and Conditions will replace and supersede all previous versions of the Terms and conditions.