BRIGHTCOVE MARKETPLACE TERMS & CONDITIONS


Welcome to the Brightcove Marketplace.  The Brightcove Marketplace Terms and Conditions (this “Agreement”) contain legal obligations.  Please read them carefully as they are legally binding on you.


  1. Ownership of Service.

The Brightcove marketplace website (https://marketplace.brightcove.com, and any variations of the website, collectively the “Brightcove Marketplace”), is owned and managed by Brightcove Inc. or its affiliates, successors, and assigns (collectively referred to as “Brightcove”).  The Brightcove Marketplace consists of various web pages at, or linked to, the Brightcove Marketplace, as well as pages and/or areas within the Brightcove Marketplace that may be managed by unaffiliated third parties (each a “Third Party”) who in some cases may have entered into an agreement with Brightcove allowing them to publish their products, services, and/or other content to the Brightcove Marketplace.  The Brightcove Marketplace allows you to engage with  integrated solutions between Brightcove and such Third Parties.  Brightcove may change the Brightcove Marketplace from time to time.


  1. Application of Terms and Conditions.

Your access to and/or your use of the Brightcove Marketplace is subject to the Brightcove Privacy Policy at https://www.brightcove.com/en/legal/privacy and is governed by terms and conditions found in this Agreement and the Brightcove General Terms and Conditions found at https://www.brightcove.com/en/terms-and-conditions/. By accessing the Brightcove Marketplace, you agree to be bound by this Agreement, and the other agreements referenced herein.  If you do not agree to any of these agreements, do not use or access the Brightcove Marketplace. 


In the event of a 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, the Brightcove Marketplace is a  “Brightcove Apps,” as defined in the Brightcove General Terms and Conditions.


  1. License Grant.  

Subject to your compliance with this Agreement, Brightcove grants to you a limited, worldwide, revocable, non-exclusive, non-transferable, non-sublicensable license during your access and use of the Brightcove Marketplace.  Except as expressly provided in this Agreement, you are not granted any other intellectual property right to access and/or use any other software, service, or other proprietary right.


  1. Conditions and Restrictions of Use.

In addition to the terms set forth in the Brightcove General Terms and Conditions, you agree that you will not use, nor permit any other person to use, the Brightcove Marketplace to:

  1. (i) modify, adapt, alter or translate any software underlying the Brightcove Marketplace; (ii) sublicense, lease, rent, loan, distribute, or otherwise transfer the Brightcove Marketplace to any other person; (iii) 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 the Brightcove Marketplace; or (iv) use or copy the any software underlying the Brightcove Marketplace except as expressly allowed hereunder.

  2. use or permit any other person to use the Brightcove Marketplace to collect, transmit or process: (i) infringing, obscene, threatening, offensive, libellous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (ii) any non-public or personally-identifiable data regarding an individual’s financial or economic identity, sexual orientation, religious beliefs, medical or physical identity;

  3. use or permit any other person to use the Brightcove Marketplace to 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 the Brightcove Marketplace in a manner that interferes with or disrupts the integrity or performance of the Brightcove Marketplace following a notice from Brightcove of such use;

  5. attempt to gain unauthorized access to the Brightcove Marketplace 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 the Brightcove Marketplace;

  7. use any data mining, robots or similar data gathering or extraction methods;

  8. access the Brightcove Marketplace for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Brightcove Marketplace; or

  9. copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Brightcove Marketplace or any part thereof or otherwise attempt to discover any source code or modify the Brightcove Marketplace.


  1. Suspension of Access.  

In addition to other rights afforded to Brightcove, Brightcove reserves the right to suspend your access to and/or your use of the Brightcove Marketplace, or any portion thereof, to the extent that Brightcove determines that such suspension is necessary to (a) comply with applicable law (including without limitation a take-down notice under the Digital Millennium Copyright Act), (b) to prevent harm to any other end user or the Brightcove Marketplace, or (c) otherwise protect Brightcove from potential legal liability or harm to its reputation or business.  Any such termination or suspension shall be in Brightcove’s sole discretion and may occur without prior notice, or any notice.  


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 the Brightcove Marketplace under this provision.


  1. Terms applicable to Brightcove Technology Partners.

If you are a Brightcove Technology Partner and are either developing or have developed an Integration (as that term is defined in your Technology Partner Agreement with Brightcove) you grant Brightcove a revocable, royalty-free, fully paid, worldwide license to access, collect, store, use, and display any data you upload and/or make available within the Brightcove Marketplace, in accordance with terms of your Brightcove Technology Partner Agreement.


  1. Term and Termination

Brightcove may terminate this Agreement with or without notice to you if Brightcove, in its discretion, discontinues the Brightcove Marketplace.  In case of such termination, you must cease all use of the Brightcove Marketplace, and Brightcove may immediately revoke your access to the Brightcove Marketplace.


  1. Brightcove Marketplace Connections

You understand and agree that Brightcove is not responsible for your engagement with any third party as a result of your use of the Brightcove Marketplace (whether as a user of the Brightcove Marketplace, a Brightcove customer, or as a Brightcove Technology Partner).  Your engagement with any third party as a result of your use of the Brightcove Marketplace, including but not limited to sharing of personal data, is subject to such third party’s terms and conditions and privacy policies  (if any), and 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 (including Third Party (as defined in this Agreement)).


If you choose to  make a connection with a Third Party using the Brightcove Marketplace, you will be required to provide your  name, company name (if any), addresses (including e-mail address) and phone number.  Brightcove will provide such Third Party with the foregoing information that you provide, in order to make the connection through the Brightcove Marketplace platform and for that Third Party’s marketing purposes. If you do not agree to this sharing, do not make the connection through Brightcove Marketplace. r.


  1. Representations and Warranty.  

You represent and warrant that: (i) you will access and/or use the Brightcove Marketplace in compliance with all applicable laws; and (ii) you have all necessary third-party consents and permissions regarding the use, disclosure, and transmission of data you upload or make available within the Brightcove Marketplace in connection with this Agreement.  Brightcove will use the data you provide and is not responsible for reviewing, validating, or otherwise confirming the accuracy, appropriateness or completeness of such data.


  1. General.

    1. Changes to Terms. Brightcove may amend this Agreement from time to time.  The amended Agreement will be available at: https://marketplace.brightcove.com/en-US/pages/termsandconditions.  When this Agreement is amended, the “Version Number” and “Last Modified” date will be updated accordingly.  You may be required to click to agree to the modified Agreement in order to continue using the Brightcove Marketplace, and in any event your continued access and/or use of the Brightcove Marketplace after the effective date of the modifications constitutes your acceptance of the modified terms. 


  1. General Terms. If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been agreed-upon with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.  This Agreement is subject to provisions of the Brightcove General Terms and Conditions, including but not limited to Section 3 (Non-Discrimination), Section 5 (Acceptance and Accuracy), Section 6 (Conditions and Restrictions of Use), Section 7 (Prohibited Conduct), Section 8 (Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement), Section 9 (License to Content), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnity), Section 13 (Third Party Links), and Section 14 (Consent to Exclusive Jurisdiction, Waiver of Objections).



© Brightcove Inc. 2024


Last Updated: March 29, 2024

Version 2.0