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TERMS OF SERVICE

These Terms of Service (“Terms”) govern the use of the Coda Conversion Standards Conversion Services (“Services”) offered by Coda Post Production Limited (“Coda”, “we”, “us” or “our”) through conversion.codapostproduction.com (“Website”). It forms a binding agreement between Coda and you and, if applicable, the company or other legal entity you represent. By using any of the Services, you are agreeing to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to this agreement, in which case "you" shall mean such entity.

CHANGES

These Terms of Service (“Terms”) govern the use of the Coda Conversion Standards Conversion Services (“Services”) offered by Coda Post Production Limited (“Coda”, “we”, “us” or “our”) through conversion.codapostproduction.com (“Website”). It forms a binding agreement between Coda and you and, if applicable, the company or other legal entity you represent. By using any of the Services, you are agreeing to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the legal entity to this agreement, in which case "you" shall mean such entity.

If you object to any such modifications, your sole recourse shall be to cease using the Services and the Website. Continued use of the Services and the Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Please note that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Website. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

REGISTRATION FOR SERVICES

You will be required to register and pay for certain use of the Services. If you want to create an account (“Account”) with us, you must submit the following information through the account registration page on the Website:

  • A working email address

  • First and last name

  • Company name, address and phone number

  • Company accounts contact

  • User-generated password

Once you submit the required registration information, we alone will determine whether or not to approve your proposed Account. For the duration of the use of the Account, you agree to provide true, accurate, current, and complete information which can be done by contacting us using the contact information provided below and we can make the changes for you.

You are responsible for complying with these Terms when you access the Website or use the Services, whether directly or through any account that you may set up through or on the Website. You are solely responsible for all activities under your Account. Because it is your Account, it is your responsibility to obtain and maintain all equipment and services needed for access to and use of this Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may, at our discretion, allow you to use to access the Services. Should you believe your password or security for the Services has been breached in any way, you must notify us immediately.

PAYMENT

By uploading Media Content to us using the Website you agree to pay all applicable fees related to your purchase of the Services. Our fees (excluding VAT) are currently:

£2.50 per minute of content to convert any video format to high-definition (1920px x 1080px), standard-definition (720px x 576px), or any formats of lower resolution than standard-definition video formats;

£6 per minute of content to convert any video format to 4k (4096px x 2160px) and ultra-high-definition (3840px x 2160px) video formats.

Minimum charges apply per file as follows irrespective of the duration of the video content of each file:

£15 per file when converting any video content to high-definition (1920px x 1080px), standard-definition (720px x 576px), or any formats of lower resolution than standard-definition video formats.

£35 per file when converting any video format to 4k (4096px x 2160px) and ultra-high-definition (3840px x 2160px) video formats.

Our fees are displayed on the Website and are subject to change at our discretion. Any changes will be updated immediately on the Website. We may also, but are not obliged to, notify you of any changes by email.

For any use of the Services by you which incurs a fee, you will be invoiced by the end of the working week on which the Services have been used. Our payment terms are that payment is made by you to us no later than 30 days from our presentation to you of each invoice. Invoices will be sent by email to the both your company accounts contact and the working email you provided when you registered your account on the Website’s account registration page. Please notify us immediately if you would like us to include other email addresses when sending invoices. We may suspend or terminate your Account and / or access to our Services and the Website if your payment is late.

USE OF SERVICE

You must be at least 18 year of age or older and have the capacity to enter into legal contracts to use the Services.

Maximum file size per single file is 500Gb. If you have files larger than this please email us and we will arrange alternative means of delivery based on your requirements.

Provided you are in compliance with these Terms and have provided any payment required hereunder, Coda grants you a non-exclusive, non-transferable, non-assignable license to access and use the Services solely for the purposes of transforming and enriching the media content that you provide to us (“Media Content”). You have no other rights in the Website or the Services and you may not modify, edit, copy, reproduce, create derivative works of, reverse-engineer, alter, enhance or in any way exploit any of the Website or the Services in any manner.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Services, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Services, to obtain or attempt to obtain any Services, documents or information through any means not purposely made available through the Website. You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Coda server, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

TERMINATION

You may terminate this Agreement at any time by closing your Website Account. Please email us if you wish to do so. We may terminate this Agreement immediately upon our notice to you for any breach of this Agreement. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitation of liability and general provisions shall survive any termination of these Terms.

MEDIA CONTENT

You are solely responsible for any Media Content that you submit to the Services. By submitting any Media Content, you are promising us that:

  • You own all rights in your Media Content (including, without limitation, all rights to the reproduction and display of your Media Content) or, alternatively, you have acquired all necessary rights in your Media Content to enable you to grant to us the rights in your Media Content as described in these Terms and as necessary to provide you the Services;

  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Media Content;

  • Your Media Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party;

  • You voluntarily agree to waive all “moral rights” that you may have in your Media Content;

  • Any information contained in your Media Content is not known by you to be false, inaccurate, or misleading;

  • Your Media Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);

  • Your Media Content is not, and may not reasonably be considered to be, obscene, sexually explicit, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or entity;

  • Your Media Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

  • Your Media Content does not contain any information that you consider confidential, proprietary, or personal

By submitting Media Content, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to transcode, use, store, reproduce, modify (with a right to create derivative works only to the extent necessary to perform Coda’s Services and operations) and adapt your Media Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed and for all purposes necessary to provide you the Services. You further grant Coda the right to retain your Media Content for the purpose of quality assurance and technical improvement.

We may, but are not obliged to, pre-screen Media Content or monitor any area of the Website through which Media Content may be submitted. We are not required to host, display, or distribute any Media Content on or through the Website and may remove at any time or refuse any Media Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any Media Content.

You agree to indemnify, defend and hold harmless Coda, its parent, affiliate and subsidiary companies, and each of their officers, directors, employees, consultants and agents (collectively, the “Released Parties”) from any and all losses, damages, claims, liability, damages and/or costs (including, but not limited to, legal fees and other legal costs) arising from your Media Content and your use of the Services, your violation of these Terms, or your infringement, or infringement by any other user of your Account or subsidiary Accounts, of any intellectual property or other right of any person or entity. You alone are responsible for any violation of these Terms by you.

All files uploaded to the Website will be stored on our servers, or third-party servers approved of and used by us, and may be deleted from these servers according to our File Deletion Terms (“File Deletion Terms”) which are:

  • Coda may delete any files uploaded by you two days after they have been uploaded by you.

  • Coda may delete any files converted and uploaded by our Service 14 days after they have been uploaded by our Services.

Files will only be uploaded and converted if they possess the following attributes:

File Extension:

  • .MXF

  • .MOV

  • .MTS

  • .MJ2

  • .MP4

  • .MPG

File Codec:

  • Apple ProRes 422 LT / Proxy / 422 / 422 HQ / 4444 / 4444 XQ

  • Avid DNx HD / HR

  • JPEG 2000

  • DV

  • AVC-I

  • IMX

  • XDCAM-HD

  • XAVC

  • H264

Audio Sample Rate:

  • 48 KHz

Any file that is uploaded which does not meet the below criteria will not be converted and will still be deleted according to our File Deletion Terms.

PROPRIETARY RIGHTS

The Services and the Website are our sole property and protected by copyright, trademark and other intellectual property laws. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

LIMITATION OF LIABILITY

THE SERVICES PROVIDE AUTOMATED MOTION-COMPENSATED FRAME-RATE CONVERSION. WHILE THE SUPPLIED CONVERTED FILES FROM THE SERVICES ARE SUITABLE FOR MOST PURPOSES, SOME CONVERSION ARTEFACTS ARE INEVITABLE. SHOULD YOU REQUIRE THE CONVERTED FILES TO BE USED FOR BROADCAST OR RELATED AREAS INCLUDING, BUT NOT LIMITED TO, BROADCAST TELEVISION, FEATURE FILMS OR ANY OTHER FORM OF MOTION PICTURE TRANSMISSION AND DISTRIBUTION WHERE QUALITY CONTROL IS NECESSARY, WE RECOMMEND THAT THE SUPPLIED CONVERTED FILES ARE SUBJECTED TO QUALITY CONTROL TESTS AND SUBSEQUENTLY, IF NECESSARY, THAT ONLINE VIDEO REPAIRS TO ASPECTS OF THE CONTENT WHICH ARE DEEMED UNSUITABLE FOR SUCH PURPOSES ARE UNDERTAKEN.

We are happy to quote separately for both quality control and online repair. Please email us to discuss should you require this facility.

The Services are provided on an "as is" and "as available" basis, and you use them at your sole risk. Coda expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Coda does not represent and warrant the Services will be error-free, uninterrupted, or meet your requirements or expectations. Coda may, from time to time, need to perform emergency maintenance of the Services without providing advance notice to you.

In no event will Coda be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Services (including but not limited to loss of data or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the Services to operate with any other services), even if Coda has been advised of the possibility of such damages. No advice or information obtained by you from Coda shall create any representation or warranty not expressly provided for in these Terms.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CODA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SERVICES;

  • UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR

  • ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL CODA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES.

GENERAL

These Terms are governed by the law of England and Wales, and are subject to the exclusive jurisdiction of the courts of England and Wales. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between us, you and any other person about the Website and Services.

Each of the parties irrevocably submits for all purposes in connection with these Conditions and each Contract to the exclusive jurisdiction of the courts of England and Wales which shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with any Contract, its subject matter or formation.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us by email at conversion@codapostproduction.com and by letter at Coda Post Production Limited, 73 Charlotte Street, London, W1T 4PW.