Justockfootage LLC End User License Agreement
TERMS AND CONDITIONS
1. The License: By clicking the “accept” button you acknowledge and agree to the License Agreement as outlined below. Please, read this Content License Agreement (hereafter the “License Agreement”) from Justockfootage LLC as (hereafter “Justockfootage”) thoroughly and save or print a copy for your own records. In this Agreement, we use the term “you” and “your” to mean you as an individual or such entity in whose behalf you act, if any, and you agree to the terms and conditions of this Agreement when viewing, purchasing, retrieving, downloading, and/or otherwise using the footage, motion imagery, sound and/or any material (hereafter the “Stock Footage File(s) “) from the justockfootage.com. website. This is a license, not a sale, Justockfootage LLC (“Justockfootage”) continues to own all Stock Footage File(s). If you are entering this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this Agreement. Subject to your acceptance of the terms of this Agreement Justockfootage hereby grants to you a non-exclusive, non-transferable, worldwide right to use the Stock Footage File(s) photograph(s), or visual representations the Stock Footage File(s) as follows: You may use the content in the Stock Footage File(s) for feature films, broadcast, commercial, industrial, and educational video, print projects, multimedia, games, and the internet, as long as the content of the Stock Footage File(s) have been incorporated into any work with substantial value added by you. Justockfootage is unwilling to license the Stock Footage File(s) to you and you should not install, download, or use the Stock Footage File(s) if you do not agree to the terms and conditions contained in this Licensing Agreement. Downloaded Stock Footage File(s) are not eligible for a refund or replacement.
2. Stock Files: Justockfootage grants you a limited, revocable, non-exclusive, non-sublicensable, individual, nontransferable, royalty free, worldwide license to use and accessed the content of the Justockfootage’ Stock Footage File(s) only on one computer at any one time. You may not rent, lease, lend, sell or sublicense the content of the Stock Footage File(s) to another person, company or other entity. Your User Work Product must be for your own use, or for the use of your employer, client or customer. Notwithstanding the foregoing, you may publicly display the content derived from the Stock Footage File(s) and User Work Product. This is not a concurrent use license. Please contact Justockfootage for a multi-seat site license if you need to use the content of the Stock Footage File(s) over a network for multiple users, in which case an additional fee may be required.
3. Limitations: The content of the Stock Footage File(s) may not be sold as stand alone clips/stock files, or included in any other media/stock product, library, or collection for distribution or resale. The content of the Stock Footage File(s) 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 content of the Stock Footage File(s), or any part thereof. You may not make available some or all of the content of the Stock Footage File(s) on a web page or other display as a separate or downloadable reusable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the Stock Footage File(s) for any reason whatsoever. The content of the Stock Footage File(s) may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, groups, organizations, customs, cultures, religions, governments or military represented in the Stock Footage File(s). You may not use the content of the Stock Footage File(s) in any pornographic, obscene, fraudulent, libelous, infringing or illegal manner. These restrictions apply whether the content of the Stock Footage File(s) is used as part of, or directly, indirectly or in conjunction with other material or subject matter. If you provide the content of the Stock Footage File(s) or Derivative Works to a client as part of your work product, the client may not reuse the content of the Stock Footage File(s) or Derivative Works for any purposes other than a review of your work product without purchasing a separate license.
4. Fees and Payments: In exchange for your usage of Justockfootage’s Stock Footage File(s) as provided hereunder, you agree to pay to Justockfootage a license fee in advance in the amount most posted on the Justockfootage’s website for each Stock Footage File(s) that you download.
5. Copyright: Justockfootage LLC, its Licensors and Contributors retain all right, title, and interest in and to the content of the Stock Footage File(s) 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.
6. Ownership: The content of the Stock Footage File(s) is licensed, not sold, to you. All rights, title and interest in the content of the Stock Footage File(s) (including any updates or revisions), and all intellectual property rights therein, is and shall remain the exclusive property of Justockfootage LLC, its licensors and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in, or rights or licenses to the content of the Stock Footage File(s) are granted to you, and no interest in, or rights or licenses to the content of the Stock Footage File(s) shall inure in or accrue to you, whether by implication, estoppel or otherwise. Your rights to use the content of the Stock Footage File(s) are specified in this Agreement and Justockfootage, its licensors and their successors and assigns retain and reserve all rights not expressly granted to you. This Agreement does not transfer to you any ownership interest of any kind in the content of the Stock Footage File(s) or other intellectual property
7. Releases and Clearances: Justockfootage has taken reasonable effort to secure releases and clearances for most of the recognizable people in the content of the Stock Footage File(s) but not all, Justockfootage can provide on request copies of releases and clearances that it has in its position. Please review the information carefully so you fully understand what rights you have and do not have in the content of the Stock Footage File(s). The rights Justockfootage grants to you do not include a license to, and Justockfootage makes no representations or warranties that it owns or licenses any, rights related to or in any persons, places, property (real, personal or of any other kind, including without limitation trademarks/logos, trade dress, music rights, designs or works of art or architecture) or subject matter depicted in any of the content of the Stock Footage File(s). Part of the content of the Stock Footage File(s) may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to another party and you are solely responsible for using the content of the Stock Footage File(s) at your own risk. You are solely responsible for determining whether your use of any of the content of the Stock Footage File(s) requires the consent of any other party or the license of any additional rights, and you should not rely solely on the information provided by Justockfootage. You are solely responsible for obtaining any and all releases and clearances as may be required, including without limitation (a) rights from any representative guild, union, professional organization, or other authorized representative; and (b) if any music is included in the Stock Footage File(s), master use, synchronization and performance licenses from the copyright proprietors of the applicable master recording(s) and composition(s) and such other persons, firms or associations, societies or corporations as may own or control the performing rights thereto. No employee or representative of Justockfootage may make, and you shall not rely upon, any representations or warranties other than those stated herein.
8. No Warranty: Justockfootage 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 content of the Stock Footage File(s), 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 Justockfootage’s Stock Footage File(s) are provided “as is”. Justockfootage 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 Justockfootage 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 Stock Footage File(s).
9. Limitation of Liability: Under no circumstances will Justockfootage 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 Stock Footage File(s) or B) the inability to obtain additional rights to the images (including making additional copies) even if Justockfootage has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of Justockfootage, their representative, and Justockfootage, shall be the fee paid for the Stock Footage File(s) to Justockfootage.
10. Termination: The license contained in this Agreement will terminate automatically without notice from Justockfootage if you fail to comply with any provision of the Agreement. Upon termination, you must immediately 1) stop using the Justockfootage content of the Stock Footage File(s) 2) delete the Justockfootage Stock Footage File(s) and all copies from all magnetic and digital media, and destroy all other copies. Your indemnity and payment obligations and Justockfootage’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 Justockfootage 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.
11. Injunctive Relief: You agree that any breach of your obligations with respect to Justockfootage’s proprietary or intellectual property rights will result in irreparable injury to Justockfootage for which money damages are inadequate and you therefore agree that Justockfootage is entitled to injunctive relief in addition to any other relief that a court may deem proper.
12. Integration: Justockfootage reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of California. 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 Justockfootage for its reasonable legal fees, costs, and disbursements if Justockfootage is successful in the suit. Justockfootage reserves the right to seek an injunction to prevent breach of your obligation to Justockfootage’s intellectual property rights. Justockfootage reserves the right to withdraw its Stock Footage File(s) from use at any time, for any reason, and you agree to destroy any such file and discontinue the use of any Stock Footage File(s), Clips, and/or images that have been withdrawn from circulation by Justockfootage.
13. General Provisions: 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 Stock 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 Justockfootage’s Stock Footage File(s) is granted until payment in full for the Stock Footage File(s) has been received by Justockfootage. 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 State of California, 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.
The Content of the Justockfootage Stock Footage File(s) is protected by the United States Copyright Law and International Treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties and will be prosecuted by the United States District Court.