TimeBolt Video Editing Software - Terms of Service
These Terms of Service ("Terms") govern your access to and use of TimeBolt Video Editing Software ("Software"), developed and provided by TimeBolt LLC ("we", "us", or "our"). By accessing or using the Software, you are agreeing to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Software.
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Software for your personal or internal business purposes only.
2. Intellectual Property Rights
All intellectual property rights, including but not limited to copyrights, trademarks, and patents, in the Software are owned by or licensed to us. Your use of the Software does not grant you any ownership or license rights in the Software, except for the limited license expressly provided in these Terms.
3. User Content
You are solely responsible for all content that you create, edit, or otherwise process using the Software ("User Content"). You represent and warrant that you have all necessary rights and permissions to use, distribute, and share your User Content.
You agree not to:
a. Use the Software for any illegal or unauthorized purpose;
b. Modify, reverse engineer, or create derivative works of the Software;
c. Distribute, sell, rent, lease, or sublicense the Software;
d. Remove or alter any proprietary notices or labels in the Software;
e. Use the Software for any activity that infringes on the intellectual property rights of others;
f. Use the Software to create or distribute malicious, harmful, or offensive content.
5. Updates and Changes
We reserve the right to update, modify, or discontinue the Software at any time, with or without notice. We may also provide updates, patches, or upgrades to the Software, which may be mandatory for continued use.
We may terminate or suspend your access to the Software at any time, without prior notice or liability, for any reason, including but not limited to your violation of these Terms. Upon termination, your right to use the Software will cease immediately.
8. Warranty Disclaimer
The Software is provided "as is" and without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Software will be error-free, uninterrupted, or secure.
9. Limitation of Liability
In no event shall we, our affiliates, or our respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of or inability to use the Software, even if advised of the possibility of such damages. Our aggregate liability shall not exceed the fees paid by you for the Software in the twelve (12) months preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold us, our affiliates, and our respective officers, directors, employees, and agents harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses arising from or related to your use of the Software, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
11. Governing Law
This Agreement shall be construed and controlled by the laws of the State of Missouri. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.
12. Changes to Terms
We may modify these Terms at any time, in our sole discretion. If we do so, we will notify you by posting the updated Terms on our website. Your continued use of the Services following such changes constitutes your acceptance of the revised Terms.
If you have any questions or concerns about these Terms, please contact us at [email protected].
13. ENTIRE AGREEMENT
The terms and conditions of the Terms constitute the entire agreement between you and Tb with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or Tb arising out of fraud or fraudulent misrepresentation.
If any provision of the Terms, or any part of a provision, is found by any court or a Tb administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms as a whole, the legality, validity or enforceability of the remainder of the Terms (including the remainder of the term which contains the relevant provision) shall not be affected. The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms or by law shall not constitute a waiver of that right, power or remedy.
If Tb waives a breach of any provision of the Terms this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision. You are not allowed to assign the Terms or any rights hereunder. Tb is allowed at its sole discretion to assign the Terms or any rights hereunder to any third party, without giving prior notice.