This Agreement is between RenderFarm.nu (“RenderFarm.nu”) and you (“you” or “Customer”), as an authorized user of RenderFarm.nu Online Render Services, and governs the terms and conditions of your use of Render Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by RenderFarm.nu (collectively, the “Agreement”), constitutes the entire agreement between RenderFarm.nu and you regarding Render Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, “Online Render Services” or “Services” are defined as any and all services provided by RenderFarm.nu to you either now or in the future. By using RenderFarm.nu Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
Definition of Terms
a. RenderFarm.nu is referred to herein as “RenderFarm.nu,” “we,” “us,” or “our.”
b. You, as the user, are referred to herein as “you,” “user,” “subscriber,” “client,” or “customer.”
c. The equipment and software owned, leased, used by, or maintained for or by RenderFarm.nu are referred to herein as “system.”
d. User files, directory, and file content are referred to herein as user files.
e. User file uploaded in and/or gathered by RenderFarm.nu’s system about the user, user’s files, and user’s system usage (user’s meta-information) are referred to herein as “user data.”
Description of Service
RenderFarm.nu is in the business of providing web-based render services. It is our goal to provide you with the best access possible to online computing resources available through the Internet. Our business depends upon it and RenderFarm.nu is strongly motivated to achieve success. We want you to have the best possible experience in dealing with online render farm and using RenderFarm.nu’s services.
To use the Service, you must register on on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data (“Registration Data”). If RenderFarm.nu discovers that any of your Registration Data is inaccurate, incomplete or not current, RenderFarm.nu may terminate your right to access and receive the service immediately upon notice. RenderFarm.nu will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. RenderFarm.nu may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the Service. RenderFarm.nu reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts.
Incomplete Signup Emails
If you begin the sign up process for RenderFarm.nu Services but fail to complete the process, RenderFarm.nu may contact you one time via email in an effort to help successfully guide you through this process. You hereby authorize RenderFarm.nu to make such contact, even if you ultimately determine not to sign up for RenderFarm.nu Services.
RenderFarm.nu grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the “Content”) solely for your own internal purposes. All rights not expressly granted by RenderFarm.nu to you are retained.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with RenderFarm.nu. To open a user account, you or your company must complete the registration process by providing RenderFarm.nu with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should RenderFarm.nu suspect that such information is untrue, inaccurate, not current or incomplete; RenderFarm.nu has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be “shared” or used by more than one individual.
Payment of Fees
RenderFarm.nu offers its Service, as described on the RenderFarm.nu website (www.RenderFarm.nu) and as published within the Service, for Render service charges(the “Fees”) which you will pay to RenderFarm.nu by authorized credit card through PayPal or wire transfer. The Fees applicable for the Service are available at www.RenderFarm.nu and as published within the Service. RenderFarm.nu reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which will be sent by email).
If you believe RenderFarm.nu has charged you incorrectly, you must contact RenderFarm.nu no later than 7days after the render task is done, in order to receive an adjustment or credit. Inquiries should be directed to RenderFarm.nu’s Customer Service Department (info@RenderFarm.nu.)
RenderFarm.nu, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to RenderFarm.nu at any time; however, you will not receive a refund of any portion of your fees paid to RenderFarm.nu. Upon termination by RenderFarm.nu or at your direction, you may request a file of your Data on the premise that RenderFarm.nu still have your Data. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. RenderFarm.nu shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that RenderFarm.nu or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. RenderFarm.nu and/or other RenderFarm.nu products and services referenced herein are either trademarks or registered trademarks of RenderFarm.nu.
You shall indemnify and hold RenderFarm.nu and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties
RENDERFARM.NU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. RENDERFARM.NU DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY RENDERFARM.NU.
Limitation of Liability
IN NO EVENT SHALL RENDERFARM.NU’S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL RENDERFARM.NU BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF RENDERFARM.NU HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control
RenderFarm.nu controls and operates this Service from its location in The Netherlands. RenderFarm.nu makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside The Netherlands, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to The Netherlands law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by The Netherlands Government for such purposes. You shall comply strictly with all Dutch (The Netherlands) export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Modification to Terms
RenderFarm.nu reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement will be governed by Dutch (The Netherlands) law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in The Netherlands. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and RenderFarm.nu as a result of this agreement or use of the Service. The failure of RenderFarm.nu to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RenderFarm.nu in writing. RenderFarm.nu has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and RenderFarm.nu and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.