FOOTAGE OF THE WORLD, LLC
TERMS OF SERVICE
FOOTAGE OF THE WORLD STOCK FOOTAGE
Dear Footage of the World Stock Footage Purchaser:
The following is a legal agreement between you and Footage of the World, LLC ("Footage of the World"). Please read this agreement carefully before downloading any Footage of the World Stock Footage ("Stock Footage"). As used in this agreement, Stock Footage means, any moving images, animations, films, videos or other audio/visual representations that are controlled by or obtained, directly or indirectly, from Footage of the World. By downloading any Stock Footage, you agree to be bound by the terms of this agreement.
1. All Stock Footage on the Footage of the World website is protected by United States and international copyright laws and treaties. Footage of the World and/or the various artists and/or entities that provide Stock Footage to Footage of the World ("Submitters") own all rights, including the copyrights in and to the Stock Footage. Footage of the World and/or its Submitters reserve all rights in and to the Stock Footage not expressly granted to you by the terms of this license. Your rights to use any Stock Footage are subject to this license agreement and are conditioned upon your payment to Footage of the World for your use of the Stock Footage.
2. By this Agreement, Footage of the World grants you a personal, non-exclusive, non-transferable, right to use, modify and reproduce the Stock Footage by incorporating it into a derivative work such as a feature film, documentary, videogram, multimedia presentation, advertisement, live performance and/or internet website and displaying and/or distributing that derivative work to the public or for personal use by any means now known or hereafter developed.
RETURN / REFUND POLICY:
3. Every clip has an online preview and gives the option to download a Watermark version of the clip. Therefore, it is Footage of the World Policy to not allow any refund for Stock Footage purchased from Footage of the World. Footage of the World shall be under no obligation to refund any fees paid by you for Stock Footage under any circumstances. However, upon a written (email or letter) request by you, limited exceptions can be made where a refund is given. In the event that Footage of the World determines that you are entitled to a refund of all or part of such fees, any refund shall only be made to the individual or organization that was invoiced from the applicable Stock Footage.
4. WATERMARK TERMS AND CONDITIONS
Footage of the World grants to you, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use the watermarked preview footage file you have selected and any derivatives or copies (collectively, the "Licensed Material"), on your personal computer and for use of test, sample, comp or rough cut evaluation. The Licensed Material may only be used in materials for personal, noncommercial use and test or sample use.
The Licensed Material may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including, but not limited to, advertising and marketing materials or in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Licensed Material.
One copy of the Licensed Material may be made for backup purposes only but may only be used if the original Licensed Material becomes defective, destroyed or otherwise irretrievably lost. Except as specifically provided in this Agreement, the Licensed Material may not be shared or copied for example by including it in a disc library, storage jukebox, network configuration or other similar arrangement.
After 30 days, each copy, version and derivative of the Watermark video clip must be permanently deleted from your harddrive, flashdrive or any storage device in which it resides.
5. You may not use the Stock Footage other than as specified in PART 1.
6. You may not use the Stock Footage in any way that might be considered illegal. You may not use Stock Footage purchased from Footage of the World in pornography, defamatory, libelous or otherwise illegal manner or in a way that brings harm to an individual, company or trademark. All trademarks and service marks visible in the Stock Footage are and shall remain the exclusive property of the trademark or service mark owner. The inclusion of these incidental trademarks in the Stock Footage does not in any way constitute or imply such association with or endorsement of the Stock Footage.
7. The Stock Footage and any derivative work incorporating the Stock Footage, may not, in whole or in part, be sold, sublicensed, reproduced, distributed, incorporated into or otherwise made available as screensavers, templates, standalone backgrounds, stock elements, effects imagery elements or downloadable files. You may not post any Stock Footage on any electronic bulletin board, put it on-line in a downloadable form or otherwise make it available via FTP, IRC, peer-to-peer file sharing services or the like. The Stock Footage and any derivative work containing the Stock Footage may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution or resale.
8. You agree to take all reasonable steps to prevent any third party from duplicating or distributing any of the Stock Footage included in your finished work.
9. Stock Footage with model releases will be marked accordingly on the footageoftheworld.com website. Footage of the World does not otherwise provide any trademark or copyright clearances or model or property releases with respect to the Stock Footage. For all Stock Footage that is not marked as having a model release, Footage of the World grants no rights and makes no warranties with regard to the use of people, names, trademarks or copyrighted designs or works of art or architecture depicted in any of the Footage. You shall be solely responsible for determining whether a clearance or release is required for any proposed use of the Footage. This applies to all Footage Marked "Editorial" or to Stock Footage that has no clearance information. You shall be solely responsible for determining whether one or more clearances or releases are required in connection with any proposed use of Stock Footage. You acknowledge that some jurisdictions prevent the use of a person's image, likeness or property for commercial purposes without their written consent. Footage of the World makes no representations or warranties regarding whether or not any additional fees or payments may be due to any union, association or other organization or model depicted in any Stock Footage.
10. When incorporating the Stock Footage in print, film, broadcast productions, or video products, you shall provide Footage of the World, if credits are part of the end product, with a copyright attribution in substantially the following form: "Film Stock Footage courtesy of Footage of the World, LLC, Used by Permission"
11. You agree to indemnify and hold Footage of the World, LLC, its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Stock Footage other than the uses expressly permitted by this agreement. You further agree to indemnify Footage of the World for all costs and expenses that Footage of the World incurs in the event that you breach any of the terms of this or any other agreement between you and Footage of the World.
12. Neither Footage of the World or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Stock Footage.
13. This contract will be governed by and construed in accordance with the laws of the State of California. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State of California, County and City of Los Angeles and not elsewhere.
14. Additional rights to Stock Footage are available. If you are unsure of your rights under this agreement, or if you wish to use Stock Footage in a manner not expressly permitted under this agreement, or wish to be granted exclusive rights to Stock Footage, please contact Footage of the World Support at Info@FootageoftheWorld.com for a special license. In most cases we can provide the appropriate license within 24 hours.
In the event that you breach any of the terms of this agreement, Footage of the World shall have the right to terminate your account without further notice. Such termination shall be in addition to Footage of the World's other rights at law and/or equity.
Footage of the World makes no representations or warranties whatsoever as to the legality or validity of any release associated with any Stock Footage except as provided above.
Footage of the Word grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, logotypes, music, likenesses, copyrighted designs or works of art or architecture depicted or otherwise incorporated in any Stock Footage. It is your responsibility to assure that all necessary rights, consents, or permissions as may be required for the use of any stock footage are obtained.
Footage of the World does not warrant that the Stock Footage, Footage of the World websites, or other materials provided by Footage of the World will meet your project requirements.
Footage of the World shall not be liable to you or to any other entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Stock Footage, or otherwise, even if Footage of the World has been advised of the possibility of such damages, costs or losses. In no event, shall Footage of the World's total aggregate liability to you, or to any third party claiming through you, arising out of or in connection with your use or inability to use the Stock Footage obtained from Footage of the World exceed the monetary amount actually received by Footage of the World from you for your use of the applicable Stock Footage.