Terms and Conditions
Terms and Conditions
I hereby agree to be bound by these Terms and Conditions with DAK Holdings, Inc dba RenderStorm (“RenderStorm”)
I hereby acknowledge that I, “Client”, am authorized to create a RenderStorm account, that I am authorized to provide payment to RenderStorm, and that I am authorized to upload content to RenderStorm for rendering.
By accessing RenderStorm, downloading its programs, 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 RenderStorm. The materials contained in this web site and in RenderStorm software are subject to intellectual property law are protected by applicable copyright and trademark law.
Non-Disclosure: RenderStorm understands and acknowledges that Clients will submit confidential information to RenderStorm for rendering, therefore RenderStorm 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 RenderStorm and its employees without the express written authorization of the Client. RenderStorm 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 RenderStorm account name or password, or other account information provided to RenderStorm, Client has authorized those additional people or entities to submit projects to RenderStorm, 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 agrees to allow RenderStorm to charge its credit card for all jobs submitted for rendering, subject to our pricing policy. Client’s credit card information will be stored by RenderStorm for convenience in processing future transactions. RenderStorm is authorized to charge a Client, according to the policy, for any jobs received by RenderStorm, regardless of level of completion of the total job or early cancellation by the Client.
Client will review all jobs and orders prior to submission, and will be charged for all CPU/GPU 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 RenderStorm for rendering, and that they are authorized to give RenderStorm permission to charge the Client.
Client may terminate a render job after it has been submitted to RenderStorm, but Client will be charged for all jobs, even if the job is terminated prior to completion. Client will only be charged for actual CPU/GPU hours spent rendering the project if the job is terminated before completion.
RenderStorm shall not be responsible for any of its Client’s project deadlines or timelines that are not met. RenderStorm 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. RenderStorm shall not be responsible for any claimed damages, including incidental damages, consequential damages, lost profits, lost savings, business interruption, or loss of data which may arise from use of RenderStorm’s services, for any reason whatsoever.
Client shall defend, indemnify and hold RenderStorm 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 RenderStorm, its software, or its services. This indemnification includes, but is not limited to, reimbursement for all costs, fees, attorney fees, fines, and judgments.
Any and all disputes arising out of or relating to this Terms and Conditions shall be resolved by mandatory arbitration in accordance with the rules of the American Arbitration Association, United States Arbitration and Mediation, Inc., or Judicial Arbitration and Mediation Services, or their successors, at the option of the person commencing the arbitration. Venue of such arbitration shall be set in Clark County, Las Vegas NV , USA. This arbitration clause shall bind Client and any agent who uses RenderStorm on the Client’s behalf.
If Client discovers a claim or demand against RenderStorm 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.
Clients may be required to download RenderStorm software to upload render projects. RenderStorm grants a revocable license to Clients for use of this software for the sole purpose of submitting projects to RenderStorm. This license is non-transferable, revocable, and non-exclusive. By downloading any RenderStorm software, you agree not to tamper with, modify, decompile, or reverse engineer the software.
RENDERSTORM DOES NOT WARRANT THAT THEIR SOFTWARE WILL WORK WITH OTHER SOFTWARE AND HARDWARE PROVIDED BY THIRD-PARTIES. INSTALLATION OF RENDERSTORM SOFTWARE AND USING RENDERSTORM SERVICES IS AT THE CLIENT’S SOLE DISCRETION, AND THE CLIENT IS SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS HARDWARE, SOFTWARE AND DATA. Although RenderStorm does not warrant compatibility with third-party hardware or software, please notify RenderStorm of any incompatibility that is discovered.
CLIENT ACKNOWLEDGES THAT RENDERSTORM’S SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, AND THAT RENDERSTORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
No software provided by RenderStorm may be downloaded or otherwise exported or re-exported to any country for which the U.S. maintains an embargo on such exports, or to a person or entity identified on lists of the U.S. Treasury Department or the U.S. Commerce Department, which control such exports. By downloading or using RenderStorm’s software, you agree to the foregoing and represent and warrant that your use of RenderStorm’s software and services do not violate U.S. law.
Your privacy and the security of your data is important to RenderStorm.
Non-Disclosure: RenderStorm understands and acknowledges that Clients will submit confidential information to RenderStorm for rendering, therefore RenderStorm will hold all Client submitted projects and associated raw data in confidence, and will not copy, use, or share such Client data with any person or entity outside of RenderStorm and its employees without the express written authorization of the Client. RenderStorm will not store Client’s complete render projects from the Client after the render job has been completed and delivered back to the Client.
RenderStorm collects information from you when you register on our site or place an order.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, phone number and credit card information. You may, however, visit RenderStorm anonymously.
Any personally identifiable information that a Client provides to RenderStorm may be used in one of the following ways:
-To process transactions
-Your personally identifiable information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
-To send periodic emails
-The email address you provide for order processing, will only be used to send you information and updates pertaining to your order, account, and RenderStorm services.
RenderStorm implements a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. RenderStorm offers the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems who are required to keep the information confidential. After a transaction, your private information (credit cards, financials, etc.) will be kept on file for more than 60 days in order to facilitate future orders.
RenderStorm does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating RenderStorm, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. RenderStorm may also release your information when it believes release is appropriate to comply with the law, enforce our site policies, or protect ours, or others, rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Because RenderStorm values your privacy, it has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. RenderStorm therefore will not distribute your personal identifying information to outside parties without your consent.
RenderStorm is in compliance with the requirements of COPPA (Children's Online Privacy Protection Act). Our website, products and services are all directed to people who are at least 13 years old or older.
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