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Terms And Conditions Of Use |
Terms And Conditions Of Use
Effective Date: February 1, 2008
These terms of use, as modified or amended from time to time ("terms") are a binding contract between Online-DV-Footage.com ("Online-DV-Footage.com" or "we") and you ("you"). Before using the Online-DV-Footage.com website, please read these terms relating to your use of the site in its entirety before you continue to use the website or download any footage or images. By using the site, you agree to be bound by these terms. If you do not agree to these terms, you are not authorized to use the site, in which case you should immediately exit and not use the site.
1. By purchasing any stock video clip(s), photograph(s), or visual representations ("Footage Files") on this website, you are granted a non-exclusive, non-transferable, worldwide right to use, but not ownership of, the Footage Files for nearly any project (including feature films, broadcast, commercial, industrial, and educational video, print projects, multimedia, games, and the internet) as long as the Footage Files have been incorporated into any work with substantial value added by you.
2. The Footage Files may not under any circumstances be used in or in conjunction with, or as part of pornographic, defamatory, scandalous, fraudulent, illegal or otherwise unlawful material.
The Footage Files may not be sold as stand alone clips, or included in any other media/stock product, library, or collection for distribution or resale. The Footage Files may not be used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the Footage Files, or any part thereof. You may not make available some or all of the Footage Files on a web page or other display as a separate or downloadable reusable file. If you provide Footage Files or Derivative Works to a client as part of your work product, the client may not reuse the Footage Files or Derivative Works for any purposes other than a review of your work product without purchasing a separate license.
3. In exchange for your usage of Online-DV-Footage.com's Footage Files as provided hereunder, you agree to pay to Online-DV-Footage.com a license fee in advance in the amount most recently quoted by Online-DV-Footage.com for each Footage File that you receive or download.
4. Online-DV-Footage.com, its Licensors and Contributors retain all right, title, and interest in and to the Footage Files not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement.
5. Online-DV-Footage.com makes no representation or warranty with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any Footage File, and you must satisfy yourself that all necessary rights, model releases, consents or permissions as may be required for your intended usage are secured. All Online-DV-Footage.com's Footage Files are provided "as is". Online-DV-Footage.com makes no representation or warranty either express or implied including but not limited to any implied warranties of merchantability, fitness for any particular use, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Neither Online-DV-Footage.com nor any of its directors, officers, employees, subsidiaries, affiliates, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the Footage Files.
6. Online-DV-Footage.com's limitation of liability and your sole remedy under the foregoing warranty, is a replacement of, or a full refund for, the Footage File(s).
7. Under no circumstances will Online-DV-Footage.com be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of A) the use of or inability to use the Footage Files or B) the inability to obtain additional rights to the images (including making additional copies) even if Online-DV-Footage.com has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the Footage File, their representative, and Online-DV-Footage.com, shall be the fee paid for the Footage File to Online-DV-Footage.com.
8. The license contained in this Agreement will terminate automatically without notice from Online-DV-Footage.com if you fail to comply with any provision of the Agreement. Upon termination, you must immediately 1) stop using the Online-DV-Footage.com Footage File(s) 2) return the Online-DV-Footage.com Footage File(s) and all copies of it to Online-DV-Footage.com 3) delete the Online-DV-Footage.com Footage File(s) and all copies from all magnetic and digital media, and destroy all other copies. Your indemnity and payment obligations and Online-DV-Footage.com's rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The provisions of this paragraph are in addition to any other remedies and rights Online-DV-Footage.com may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein.
9. You agree that any breach of your obligations with respect to Online-DV-Footage.com's proprietary or intellectual property rights will result in irreparable injury to Online-DV-Footage.com for which money damages are inadequate and you therefore agree that Online-DV-Footage.com is entitled to injunctive relief in addition to any other relief that a court may deem proper.
10. Online-DV-Footage.com reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the Province of Ontario. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Online-DV-Footage.com for its reasonable legal fees, costs, and disbursements if Online-DV-Footage.com is successful in the suit. Online-DV-Footage.com reserves the right to seek an injunction to prevent breach of your obligation to Online-DV-Footage.com's intellectual property rights. Online-DV-Footage.com reserves the right to withdraw Footage Files from use at any time, for any reason, and you agree to destroy any such file and discontinue the use of any Footage Files, Clips, and/or images that have been withdrawn from circulation by Online-DV-Footage.com
11. If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the Agreement will not be affected. Your use of the Footage File(s) must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No license for usage of Online-DV-Footage.com's products is granted until payment in full for the products has been received by Online-DV-Footage.com. No failure of either party to exercise or enforce any of its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the Province of Ontario, excluding its' body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Any and all disputes arising under this agreement, with the above exceptions, shall be settled by arbitration pursuant to the rules of the American Arbitration Association or it's Canadian equivalent. Judgment upon any arbitration award may be entered in the highest court having jurisdiction as provided herein. Online-DV-Footage.com reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the Province of Ontario. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Online-DV-Footage.com for its reasonable legal fees, costs, and disbursements if Online-DV-Footage.com is successful in the suit. Online-DV-Footage.com reserves the right to seek an injunction to prevent breach of your obligation to Footage Firm's intellectual property rights. Online-DV-Footage.com reserves the right to withdraw Footage Files from use at any time, for any reason, and you agree to destroy any such file and discontinue the use of any Footage Files, Clips, and/or images that have been withdrawn from circulation by Online-DV-Footage.com.
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