BRIGHT SPOT TERMS OF USE

Welcome to Bright Spot™, the Brightcove customer community.  The Bright Spot consists of various web pages and forums that allow Bright Spot members (made up of Brightcove customers, partners, employees, video streaming enthusiasts, and other users) to connect, learn, and share ideas and best practices with respect to Brightcove’s products and services. The Bright Spot Terms of Use (this “Agreement”) contain legal obligations.  Please read them carefully as they are legally binding on you.

1. Ownership of Service

The Bright Spot community website, (https://community.brightcove.com/, and any variations of the website, collectively the “Bright Spot”), is owned and managed by Brightcove Inc. or its affiliates, successors, and assigns (collectively referred to as “Brightcove”).

2. Application of Terms and Conditions

Your access to and/or your use of Bright Spot is governed by (i) this Agreement, (ii) the Brightcove General Terms and Conditions available at https://www.brightcove.com/en/terms-and-conditions/, and (iii) the Bright Spot Privacy Policy available at https://community.brightcove.com/p/privacypolicy

By accessing and/or using Bright Spot, you are agreeing to this Agreement, and the other agreements referenced herein.  If you do not agree to any of these agreements, do not use or access Bright Spot. 

In the event of any conflict between the provisions of this Agreement and the Brightcove General Terms and Conditions, the provisions of this Agreement will have priority.  For the avoidance of doubt, Bright Spot is part of the “Brightcove Apps,” as defined in the Brightcove General Terms and Conditions.

3. License Grant  

4. User Conduct

1. (1) copy, modify, adapt, alter, translate, or create a derivative work of, any software underlying Bright Spot; (2) sublicense, lease, rent, loan, distribute, or otherwise transfer Bright Spot to any other person; (3) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or algorithms, structure or organization) of any software underlying Bright Spot; or (4) use or copy any software underlying Bright Spot except as expressly allowed hereunder;
2. collect, transmit or process: (1) infringing, obscene, threatening, offensive, libellous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party rights, including privacy rights; (2) any non-public or personally-identifiable data regarding an individual’s or entity’s financial or economic identity, sexual orientation, religious beliefs, medical history or physical identity;
3. send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
4. continue to use Bright Spot in a manner that interferes with or disrupts the integrity or performance of Bright Spot following a notice from Brightcove of such use;
5. attempt to gain unauthorized access to Bright Spot or its related systems or networks;
6. use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of Bright Spot;
7. use any data mining, robots or similar data gathering or extraction methods; or
8. access Bright Spot for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to Bright Spot.

5. Suspension of Access  

In addition to other rights afforded to Brightcove, Brightcove reserves the right to immediately suspend or terminate, without notice, your access to and/or your use of Bright Spot, or any portion thereof, to the extent that Brightcove determines that such suspension is necessary (i) due to actual or suspected violation of this Agreement, (ii) to comply with applicable law (including without limitation a take-down notice under the Digital Millennium Copyright Act), (iii) to prevent harm to any other end user of, or to, Bright Spot, or (iv) to otherwise protect Brightcove from potential legal liability or harm to its reputation or business.  Nothing contained in this Agreement will be construed to limit Brightcove’s actions or remedies or act as a waiver of Brightcove’s rights in any way with respect to any of the foregoing activities. Brightcove shall not be responsible for any loss or damages incurred by you as a result of any termination or suspension of access to or use of Bright Spot under this provision.

If Brightcove suspends or deactivates your account due to violations of our Terms of Use, you can appeal Brightcove’s decision within six (6) months of the date you receive Brightcove’s determination, by submitting an email to community@brightcove.com with a subject line of “Appeal of Brightcove’s Decision.” Your appeal should contain your name, email address, the basis for your appeal, the action you are appealing and the content at issue. If the action was the result of multiple violations, you must name all content decisions you are appealing. Any untimely appeals will not be reviewed. For the past six months, there have been zero such reports and disciplinary actions.

6. Term and Termination

You agree to be bound to this Agreement for so long as you use and/or maintain an account with Bright Spot.  Brightcove may, in its sole discretion, terminate this Agreement with or without cause and without notice to you.  In case of such termination, you must cease all use of Bright Spot, and Brightcove may immediately revoke your access to Bright Spot.  Following termination  by Brightcove or by you (for any reason), Brightcove is not obligated to return any of your Content, and Brightcove may continue to make your Content accessible in the Community in an anonymized form.

7. Third Party Connections

You understand and agree that Brightcove is not responsible for your engagement with any third party as a result of your use of Bright Spot (whether as an end user of Bright Spot or as a Brightcove customer).  Your engagement with any third party as a result of your use of Bright Spot, including but not limited to sharing of personal or confidential data, is strictly between you and such third party.  You hereby release Brightcove and its designees from all claims and liability, arising from or in connection with, your engagement with a third party.

8. Representations and Warranty  

You represent and warrant that: (i) you will access and/or use Bright Spot in compliance with all applicable laws; (ii) your participation in Bright Spot will not conflict with or result in a violation of any agreement to which you are bound; (iii) you have all necessary third-party consents, licenses, and permissions regarding the use, disclosure, and transmission of Content through Bright Spot.

9. General