this document outlines the terms and conditions associated with the use of specific content, clarifying the rights granted, restrictions imposed, and obligations of the user. it is crucial to understand these stipulations to avoid copyright infringement and ensure appropriate content utilization.
the following sections delve into the key aspects of content licensing and usage.
license grant and termination
the license granted to you for content usage is contingent upon adherence to the terms outlined in this agreement. failure to comply with any provision, including timely payment, will result in the immediate termination of your license and your right to use the content.
in such instances, the content provider reserves the right to pursue all available remedies under copyright and other relevant laws.
unless explicitly stated otherwise in the invoice, the license granted for rights-managed content is valid for one year from the invoice date.
you are prohibited from distributing, publishing, displaying, or otherwise using the rights-managed content, including any end-use applications, beyond the specified term. exceptions to this rule will be clearly indicated on the invoice.
additional licensing requirements
should you require the content to be accessible to a wider audience than initially agreed upon, you must obtain an additional license and pay the applicable one-time fee.
this is essential to ensure compliance with the terms of your license. comp files are strictly for internal evaluation purposes. they are designed to allow you to assess the content before committing to a rights-managed or royalty-free license. you are not permitted to utilize comp files in any other manner.
the term for comp file licenses is typically thirty (30) days from the date of download or receipt, unless otherwise specified in the invoice.
after the term expires, you may not copy, distribute, publish, display, or use the comps without obtaining a corresponding rights-managed or royalty-free license. failure to secure a license after the term will require the destruction of all comp content copies.
permitted and restricted usage
content is exclusively for your personal use and the stipulated end-use application.
you are not permitted to sell, rent, loan, give away, sublicense, or transfer the content, or any right to reproduce it, to anyone else. this restriction is applicable except where specifically stated in the terms and conditions or incorporated into the permitted end-use.
ownership and intellectual property
the content provider and its sources retain complete ownership of all copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights associated with the content.
the licenses provided in this agreement are limited and do not transfer any ownership rights. you are granted specific usage rights, but the underlying intellectual property remains with the content provider and its sources.
any derivative works or compilations created using the content do not grant you any rights to use the content beyond what is allowed in this agreement.
your use of the content must always respect the original rights and licenses.
limited warranty and disclaimer
the content provider and its content sources make no warranties, express, implied, or statutory, concerning the content, its online systems, or any rights or licenses under this agreement.
this includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose. the content is provided "as is," and you assume all risk associated with its use.
these limitations apply regardless of any failure of essential purpose.
the content provider does not guarantee that the content will be error-free or suitable for your specific needs. it is your responsibility to determine the suitability of the content before using it.
alterations to editorial and fine art content
special ethical considerations apply to editorial, news, and fine art content.
when using such content, you are solely responsible for any modifications or alterations you make and shall indemnify the content provider against any claims arising from those changes. standard color correction or minor cropping for space limitations is permitted. however, any substantial changes can lead to legal liabilities.
you are required to use the content responsibly and avoid misrepresenting it.
indemnification
you agree to indemnify and hold the content provider and its content sources, along with their officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees, harmless from all claims.
these claims include, but are not limited to, those by third parties, liabilities, damages (including punitive damages), judgments, settlements, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to your use of the content.
the content provider has no obligation under this section unless you provide written notice within ten (10) days of receiving a claim.
the content provider also retains the right to defend or control the defense of such claim. however, the content provider will not be obligated regarding claims covered under section 9 (which is not provided in the source text).
usage rights limitations
access to content does not automatically grant you the right to use it.
unless explicitly stated in the invoice or the specific content web page, the rights granted to you do not include a license to any persons, places, property (real, personal, or otherwise), or subject matter depicted in the content. you are responsible for determining the requirements of any licenses needed.
all content may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights, or other rights belonging to another party.
you are solely responsible for determining whether your use of any content requires consent or additional rights licenses. do not rely solely on information provided by the content provider.
you are solely responsible for obtaining any and all releases and clearances required, including, but not limited to, model releases, property releases, and trademark clearances.
if you are unsure whether additional rights are necessary for your intended use, you should consult with competent legal counsel. no employee or representative of the content provider can make, and you should not rely on, any representations or warranties other than those stated in this agreement.
copyright and trademark considerations
you do not acquire and may not claim any trademark or copyright rights to the content itself apart from its permitted end-use.
unauthorized use constitutes copyright infringement and other applicable rights violations. this allows the content provider to pursue all remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of such unauthorized use.
the content provider reserves the right, at its sole discretion, to bill you and you agree to pay ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages, and penalties.
these penalties may include, as set forth in the applicable invoice, an obligation to pay a use-based royalty and to submit an accounting or other records verifying your use of the content. payment is due within thirty (30) days of the invoice date or the date specified in the invoice, whichever comes first.
a late payment charge of one and one-half percent (1.5%) per month may be applied to overdue payments.
any duplicate usage of the footage, freeze frames, or slow motion footage will be calculated at the actual on-screen running time. you are responsible for all applicable sales and use taxes.
cancellation and refunds
if a cancellation notice is received more than seven (7) days after the invoice date, no cancellations will be accepted, and you are responsible for the full amount of the invoice.
for any cancellations, you are also liable to pay all service charges, production fees, processing and handling fees, and shipping fees.
all licenses applicable to the cancellation will immediately terminate upon cancellation. it's critical to review and understand the cancellation policy before committing to a license.
data privacy and protection
the content provider may have policies to protect user data.
these might include measures to safeguard your information and comply with data protection regulations. this section outlines some key aspects of their data handling practices.
data sharing
personal data may be shared with third parties to provide or improve products, services, and advertising.
however, this sharing is usually limited and does not include sharing personal data with third parties for their own marketing purposes without your explicit consent.
child data protection
the content provider's products and services may be intended for adults.
they do not knowingly collect, use, or disclose data from children under a certain age. if they become aware of collecting personal data from a child under the specified age, they will take steps to delete that data as soon as possible. if you become aware of this, you should contact them immediately.
user rights regarding data
you may have certain rights regarding your personal data, including the right to access, correct, or delete the personal data collected.
you also have the right to restrict or object to further processing of your data. you may have the right to receive your data in a structured and standard format and to file a complaint with the competent data protection authority.
data security measures
to protect the privacy and security of your data, the content provider may ask for data to confirm your identity and right to access personal data.
applicable laws or regulatory requirements may allow or require them to refuse to provide or delete some or all personal data.
contacting the content provider
you can contact the content provider to exercise your rights. they will respond to your request within a reasonable time, typically within thirty (30) days.
third-party links
when links to third-party websites are provided that have a relationship with the content provider, the content provider does not assume any obligation or responsibility for the third parties' privacy policies.
it is essential to review their privacy policies separately.
third-party websites and services
the content provider's websites, products, and services may contain links to third-party websites, products, and services. the content provider is not responsible for the privacy practices of those third parties or the information or content contained in their products and services.
this privacy statement only applies to data collected through the content provider's products and services. you should read the privacy policies of any third parties before continuing to use their services.