TERMS OF SERVICES

This End User License Agreement constitutes a valid and binding agreement between Codebrace, INC ("we", "us", "our", "Codebrace") and You ("you", "Your", "Your Product"), as a user, for the use of the Codebrace Software. By creating an account with Codebrace you hereby agree and acknowledge that this Agreement covers all Your use of Codebrace Software. Furthermore, by continuing to use the Codebrace Software (Includes "Player", "Player design", "software libraries and APIs that may be integrated into an Application", "service provided" , "Codebrace" and "source code of the Player") You agree to be bound by the terms of this Agreement and any new versions hereof. These terms and conditions ("Terms") govern your access to the information contained on the Codebrace website (the "Website"), use of the Codebrace application program interface(s) (API(s)), sample software code, and other related materials provided or made available by Codebrace that enable you to embed Audio and Video services offered on one or more website(s), web application(s) owned and controlled by you. Jurisdiction's Restrictions: If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and implement and use the Codebrace Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for embedding certain audios or videos, You may not enter into this Agreement and You may not install or use the Codebrace Software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if Your use of the Codebrace Software is allowed.

API KEY

You consent to the collection and processing of your personal information in order to provide you an application programming interface ("API") key. If you share your API key with any person, you (not Codebrace) are responsible for any actions that person may take.

LICENSE AND RESTRICTIONS

  1. License: Subject to your compliance with these Terms and with the payment requirements for the Services, Codebrace hereby grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use and embed player on Your Product, solely in accordance with the terms and conditions of these Terms.
  2. You shall not sell, license, transfer, reproduce, sublicense, rent, lease, assign, modify, or distribute the Player (Includes "Player", "Source code of the Player", "Codebrace", "Codebrace software", "service provided", "Player design", "software libraries and APIs that may be integrated into an Application"). You shall not charge consumers (whether directly or indirectly) for the use of the Service.
  3. You shall not remove, alter, tamper with or in any way change the Service, including:
    1. The Codebrace logo and hyperlink which includes the text 'Powered by Codebrace ("Codebrace logo")' (the " Codebrace Link"); and
    2. The hyperlinks to Codebrace's privacy policy, terms and conditions and 'contact us' page (the "Consumer Links"), all of which are embedded in the Service.
  4. You shall not remove, modify, alter, disable, replace, or obstruct any copyright or trademark notices or restrictions on the Player. You shall not reverse-engineer, deconstruct, decompile, or otherwise attempt to derive the source code of the Player. You shall not undertake, cause, permit or authorize the modification, creation of derivative works, translation, disassembling or hacking of the Codebrace Software or any part thereof. This license covers all updates, revisions, substitutions, and any copies of the Player made by or for you, which are all considered part of the Player.
  5. Codebrace reserves the right to modify, change, alter or update this Agreement or Terms at any time and from time to time by providing such revised Agreement to You or by publishing the revised Agreement on the Codebrace Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You. Codebrace reserves the right to make changes to this Agreement from time to time, and will make such changes available in the form of new agreements posted on the Codebrace website. Your continued use of the player or use of the Service on Your Product after the posting of the revised Terms means that you have accepted the new Terms. If you do not agree to the revisions, you must cease to use the player and remove the Service from Your Product.
  6. Codebrace reserves the right to change, modify, improve, add additional features or functions, provide programming fixes, update and upgrade the player at any time and/or impose additional restrictions or limitations on the Service and/or change, modify or update the fees charged for all or a portion of the Service. You agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the player.
  7. Furthermore, You acknowledge and agree that Codebrace, in its sole discretion, may discontinue or suspend Your ability to use any version of the player and/or disable any player You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Codebrace's discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Codebrace will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Codebrace Software and (2) by the suspension or termination of the license or this Agreement by Codebrace and/or by You.

PROHIBITED WEBSITES AND CONTENT

You acknowledge and agree that Your use of the Codebrace Software will be at Your own risk and account. You are solely responsible for all content, services and advertising available through Your Product. YOU AGREE THAT YOU WILL NOT INCORPORATE OR USE THE SERVICE in connection with Your Product if Your Product or any of the content, services or advertising available on Your Product (or if your use of the Service otherwise) falls within any description below:

  1. Uses the Platform in, or to develop, a product or service that competes with products or services offered by Codebrace;
  2. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  3. Offers or promotes gambling, games of chance involving the payment of any consideration, or illegal sweepstakes or contests;
  4. Promotes, encourages or facilitates any illegal activity, violates the law or violates the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, unauthorized disclosure of personal information or rights of personality);
  5. Constitutes, promotes or is used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; racist, violent, offensive, threatening, harassing, or otherwise objectionable to the Company or other users of the Site or Service; hacking/surveillance/interception/descrambling equipment; harmful, libelous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; is false, inaccurate, misleading, harmful; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons.

You must comply with all laws and regulations when using the Service and must not use the Service for illegal or illegitimate purposes. You must not use the Service in any manner whatsoever that may prejudice or damage Codebrace's business.

PRIVACY

Codebrace takes your privacy very seriously. Your privacy is very important to us. Click here to review the Codebrace Privacy Policy.

TERM

  1. You may terminate the Service at any time, for any or no reason, by deleting or removing the Service from your product, and/or disabling Your Product's access of the Player and use of the Service.
  2. We reserve the right to limit, suspend, or terminate this license and Your use of the player("Codebrace software"), prohibit access to Codebrace Website and delete Your User Account, with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral, criminal or illegal activities, or for other similar reasons. Codebrace shall effect such termination by sending notice to the email address You have provided, and/or by preventing Your access to the respective User Account. We reserve the right to terminate if there is an unusual spike or increase in your use of the Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the Service, Your Product is harmful to or inconsistent with Codebrace's reputation and goodwill;
  3. Upon termination of this Agreement, You
    1. Acknowledge and agree that all licenses and rights to use the Codebrace Software shall terminate, and
    2. Will cease any and all use of the Codebrace Software, and
    3. Will remove the Codebrace Software from all networks and other storage media and destroy all copies of the Codebrace Software in Your possession or under Your control.

Codebrace will not be liable in respect to any damage caused by the termination of this Agreement. You remain liable for all fees, charges and any other obligations you have incurred through or before the date of termination with respect to the Services.

FREE PLAN AND ADVERTISEMENTS:

You understand and agree that the Player may allow for advertisements and that these advertisements are necessary for Codebrace to provide the Player for your use.

Our paid plans do not include advertisements. If for any reason, we are unable to take a payment from your account, your domain will revert back to the free plan.

REFUND POLICY:

We do not offer refunds.

REPRESENTATIONS AND WARRANTIES:

You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Codebrace Software.

DISCLAIMER OF WARRANTIES:

NO WARRANTIES:

THE Codebrace SOFTWARE IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER; Codebrace DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Codebrace SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. Codebrace FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Codebrace SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, AND FREE OF BUGS OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES Codebrace WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY MADE THROUGH THE Codebrace SOFTWARE. YOUR USE OF THE PLAYER AND THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THEIR USE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL Codebrace OR THE Codebrace STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OTHER INTANGIBLE LOSSES OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Codebrace SOFTWARE, EVEN IF Codebrace, ITS AFFILIATES OR THE Codebrace STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE PLAYER;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. ANY CLAIMS FOR COPYRIGHT OR ANY INTELLECTUAL PROPERTY RIGHT INFRINGEMENT, DEFAMATION, INVASION OF PRIVACY OR RIGHT OF PUBLICITY ARISING OUT OF OR IN CONNECTION WITH ANY UNAUTHORIZED USE OF THE SERVICE;
  4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
  5. ANY OTHER MATTER RELATING TO THE PLAYER.
REMEDY: YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Codebrace SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH Codebrace SOFTWARE.

Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.

When users interact with the Player, Codebrace may receive and store certain personally non-identifiable information as well as aggregated user information and statistics, such as number of unique users, number of sessions. Codebrace uses the foregoing information to provide, improve and enhance its products and services and for other lawful business purposes.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CREATING AN ACCOUNT OR CONTINUING TO INSTALL THE Codebrace SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO Codebrace THE RIGHTS SET FORTH HEREIN.