ROYALTY-FREE LICENSE
This shall constitute a legal agreement ("Agreement") between you and Blule Sky Stock Footage ("BSSF") For the purposes of this Agreement, the term "Content" shall be defined as any images, illustrations, photographs and video, including stills from the video, included in the Product purchased. By using the Content, you agree to be bound by this Agreement. If you do not agree, promptly discontinue use. The terms and conditions of our Agreement is as follows:
OWNERSHIP
All Content is licensed to or owned by BSSF and is protected by international copyright laws. BSSF warrants that it has the right to grant this license to you. This is a perpetual License at will and can be terminated by BSSF at any time. Neither BSSF nor its licensors shall be liable to you for any compensatory, consequential, incidental, direct, indirect or other damages arising out of the license of Content, including any claim of a third party.
LICENSE
Your shall have a non-exclusive, non-transferable right to use the Content in whole or in part in advertising and promotional materials for you or your customers or direct clients. Examples of use include: advertisements, articles in magazines and newspapers, reports, brochures, books, newsletters, multimedia applications and presentations, packaging, broadcast, films, documentaries, television productions, commercials, and training and industrial videos. Content may be used as part of a web site or design which appears on a web site on the internet but may not be used in a downloadable or FTP format.
RESTRICTIONS ON USE
You shall not rent, sell, give away, lease sublicense or loan the Content to any third party. You shall to take all steps necessary to prevent any third party from duplicating or distributing any Content. Defamatory, offensive, pornographic, or otherwise unlawful uses of images are expressly prohibited. Use of logos or trademarks without authorization from the owner is denied. You may not use the Content in any form on or in products for resale in quantities greater than 100,000. Content may not be used for calendars, postcards, posters or framed prints. All equipment accessing Content must be at one physical location and be operating under one organization. No copies of this Content may be resold or redistributed.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold BSSF, its parents, affiliates, subsidiaries, agents, representatives and associates, and the officers, directors and employees of each of them harmless from and against all losses, costs, damages, judgments, liabilities and expenses (including, without limitation, attorneys' fees ) arising from any claim whatsoever and whenever brought, which may be brought based directly or indirectly upon your use of the Content.
TERMINATION
This license will terminate automatically without notice from BSSF if you fail to comply with any provision of this license. Upon termination, you shall destroy all Content or copies thereof. If any provision of this Agreement is held invalid, the remainder of the Agreement shall remain in full force and effect.
RESERVED RIGHTS
All rights not specifically granted to you by this Agreement are reserved. Questions on usage or rights should be directed to BSSF at the address or telephone number listed below.
DISCLAIMERS
THE CONTENT IS PROVIDED "AS IS" AND BSSF 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.
Except as specifically stated in this Agreement, or as otherwise required by applicable law, neither BSSF 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.
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 BSSF'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, BSSF 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 BSSF determines that such action is necessary or desirable.
No act or omission of BSSF, 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.
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NEED FOOTAGE FAST...Download Royalty Free Video Stock HIGH RESOLUTION Digital Video and Hi Definition QUICKTIME MOVIE CLIPS
at DV/HDcuts.com
For Questions, Comments and Ordering please call 1 877 99CLIPS or send email to sales@blueskyfootage.com
ALL IMAGES COPYRIGHT 2007 BLUESKY FOOTAGE
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