PARTIES AND AGREEMENT

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT

BETWEEN YOU AND BLUE SKY STOCK FOOTAGE, INC. ("BLUE SKY" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK THE CANCEL BUTTON TO DECLINE THIS AGREEMENT, AND DISCONTINUE USING THE SITE.


OWNERSHIP

This website (the “Website”) is owned and operated by Blue Sky . All of the content featured or displayed on the Website, including, but not limited to, graphics, text photographic images, moving images, sound, illustrations and software ("Content"), is owned and controlled by Blue Sky, its licensors and its content providers. All elements of the Website, including, but not limited to, its general design and the Content, are protected by copyright, trademark, trade dress, droit moral, and other laws relating to intellectual property rights. The website, together with its Content and all related rights shall remain the exclusive property of Blue Sky, its Content providers, and its Licensors unless otherwise expressly agreed.


PERMITTED USES

You may visit the Website and peruse its contents for the purpose of identifying and locating Content for which you may wish to obtain a license from Blue Sky for various types of uses.


RESTRICTIONS ON USE

Except as expressly permitted under this or another agreement with Blue Sky, no portion or element of the Website or its Content may be reproduced, retransmitted, modified, publicly performed or displayed, reverse engineered, decompiled, sold, sublicensed or otherwise exploited in any manner or medium.

Further, as a condition of your use of the Website, you represent and warrant to Blue Sky that you shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.


REGISTRATION

You shall
(a) provide true, accurate, current and complete information about yourself and your company as prompted by the Website’s registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Upon completing the registration process, you shall receive a password and user name. The confidentiality of the password and user name shall remain your sole responsibility, and you shall be fully responsible for all activities that occur under your password or user name.

You agree to
(a) immediately notify Blue Sky of any unauthorized use of your password or user name or any other breach of security,
(b) ensure that you exit from your account at the end of each session,
(c) defend, indemnify and hold harmless Blue Sky from any loss or damage arising from unauthorized use of your password or user name.


INDEMNITIES

You shall defend, indemnify and hold Blue Sky, and any of its principals, owners, shareholders, parent companies, subsidiaries, affiliates and licensors harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.


DISCLAIMERS

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND BLUE SKY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BLUE SKY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on the Website, or as otherwise required by applicable law, neither Blue Sky nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Blue Sky uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

The Website may contain links to other websites; however, these other websites are neither owned nor controlled by Blue Sky which cannot be responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Blue Sky relating in any way to the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. In such event, or in the event that any of the foregoing disclaimers, waivers or indemnities is deemed or held to be unenforceable, then Blue Sky’s liability to any given person or entity shall not exceed $100.


MISCELLEANEOUS

This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California in Los Angeles California or the Federal District Courts of the Central District of California (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Blue Sky shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that Blue Sky determines that such action is necessary or desirable.

No act or omission of Blue Sky, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, the offending portion shall be deemed excised from this agreement and the remainder of this Agreement shall remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set forth the entire agreement between You and Blue Sky relating to your use of this website.