Terms of Use
This License Agreement (Agreement) sets forth the terms and conditions between you as licensee and BC Vista Media Productions (BC Vista) as licensor. You will be required to click to indicate acceptance of these terms before you may purchase a license to any Content from the web site. You should also read our Privacy Policy which describes how we use your personal data/information. These documents, as amended by us and posted on the web site from time to time, are the entire agreement between us. If you do not agree to the terms in the documents, cease use of our web site now and do not continue with any license purchase.
1. Grant of Royalty Free License to the Content. Subject to the terms of this Agreement, you are granted a non-exclusive, non-transferable, royalty free license to use, reproduce, create derivative works, perform and distribute the Content in any medium. Anything you produce using the Content must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. As used in this Agreement, Content means, collectively, any images, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from BC Vista. Royalty Free indicates that aside from the license purchase price, no further fees or compensation is due regardless of how many times the Content is used by you or how many projects it is used for.
2. Single User License. You may not use, rent, lease, lend, sell or sublicense the Content to another person, company or other entity.
3. Payment. All orders must be paid by credit card including PayPal. Acceptable credit cards are VISA and MasterCard. Orders will not ship, and downloads are not possible, before credit charges have been approved. All Content sales are final and cannot be returned. Except for material defects (see the Limited Warranty below), there are no refunds on Content sales. Prices, offers and products are subject to availability and may change. We do not accept orders from anyone under 18 or who does not have capacity to form a contract under their own local laws.
4. Federal Express Delivery. For deliveries on DVD or other physical media, rather than downloading, you agree to pay, in addition to our fees, our delivery charge described on the web site at the point of purchase. Delivery is by FedEx.
5.Termination of License. If you do not comply with the terms and conditions of this Agreement, then this Agreement and the Licenses granted will automatically terminate and you and any of your end-users must cease using any Content immediately.
6.Revocation of License. BC Vista reserves the right to revoke the license to use any Content for good cause and elect to replace it with alternative Content. Upon notice of any revocation of a license for any Content. You agree to cease using such Content immediately and will take all reasonable steps to discontinue the use of the replaced Content in products that already exist and will inform all of your end-users and customers of the same.
7. Condition of Content. You should examine all Content for possible defects (whether digital or otherwise) before purchasing or using it. BC Vista shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Content or its caption or in any way from its reproduction.
8.Unauthorized Use. Any use of Content by you or your customers in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling BC Vista to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting in a breach and from any breach or copyright infringement, including any claims by third parties. In addition and without prejudice to BC Vista's other remedies under this Agreement, BC Vista reserves the right to charge and you agree to pay a fee equal to five times BC Vista's then-current normal license fee for use of the Content.
9. Taxes and Duties. You are responsible for paying any applicable taxes and duties in addition to the price shown on BC Vista's web site.
10. License Restrictions. You are not allowed to sub-license, sell, rent, lease, resell, redistribute or provide to others any portion of the Content or its accompanying materials. The Content may not be shared by creating a database, disc library, image storage jukebox, network configuration or similar arrangement. The Content may not, in whole or in part, and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as templates, stand-alone backgrounds, stock elements or effects imagery elements, made available as downloadable files or included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. You may not post any Content on any electronic bulletin board, put it on-line in a downloadable or FTP format, or use it in a web site at a resolution higher than 72 dpi.
You may not use the Content in any way that might be considered defamatory, libelous, obscene, immoral or illegal. This includes the use of the Content for pornographic purposes. The Content may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Content. Content shall not be incorporated into a logo, trademark or service mark. All copyrights, trademarks and service marks remain the exclusive property of the trademark or service mark proprietor. If there are any incidental trademarks or logos contained in the Content, you may not alter these items or use them in any way which implies an association with or an endorsement by the owner(s) of such trademarks, and the inclusion of these incidental trademarks in the Content does not in any way imply such association with or endorsement of this Content.
Any music which may be included with the Content, is ambient sound only. It was not recorded and is not compressed in a format suitable for any other use, and BC Vista authorizes no use. Additionally, audio to certain performance sections may require additional clearances from any performer. BC Vista authorizes no use of copyrighted music or performances.
If any Content featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, you must accompany each such use with a statement that indicates that the person so pictured is a model and is used for illustrative purposes only.
Content shall not be used contrary to any restriction on use that is notified to you prior to or at the time the Content is delivered to you. Such restrictions may be included in the information provided with the Content on BC Visa's web site or in any other communication by BC Vista. Any such restriction provided to you shall be incorporated in this Agreement.
The Content is strictly prohibited from being used as screen savers, unless sold as such by BC Vista.
Upon notice from BC Vista, or upon your knowledge that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which BC Vista may be liable herein, or if BC Vista withdraws any Content for any good reason, you will physically remove the Content from its premises, computer systems and storage (electronic or physical) and, if possible, cease any future use at its own expense. BC Vista shall provide you with comparable Content (which comparability will be determined by BC Vista in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
Special licensing to obtain additional rights is available by contacting BC Vista.
11.Releases and Clearances. BC Vista will notify you where it has obtained a model release and/or a property release for Content, either in the release status information accompanying the Content on BC Vista's web site, or by other means. Except as specifically notified by BC Vista to you, BC Vista does not provide any copyright clearance or model or property releases with respect to the Content and grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Content. You shall be solely responsible for determining whether a clearance or release is required in connection with any proposed use of such Content. You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. BC Vista makes no representations or warranties as to whether or not any additional fees or payments may be due to any trade union, trade organization or model depicted in Content.
12.Electronic Storage. For all Content that you take delivery of in electronic form, you must retain the copyright symbol, the name of BC Vista and the image number or other identification number associated with the Content as may be included as part of the electronic file. You may not make additional high-resolution copies of the Content and you will maintain a robust firewall to safeguard against unauthorized third-party access to the Content. Notwithstanding the foregoing, you may make one (1) high-resolution backup copy of the Content for back-up reasons only. Upon the expiration or earlier termination of this Agreement, you shall promptly delete the Content from its computer or other electronic storage systems and shall ensure that its sub-contractors do likewise.
13.Inspection. Upon reasonable notice, BC Vista may inspect any records, accounts and books relating to the use of any of the Content to ensure that the Content is being used in accordance with this Agreement.
14.Copyright and Copyright Notice. All Content is copyright BC Vista or its licensors and are protected by Canada Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Content are transferred to you. BC Vista retains all rights not expressly granted by this license Agreement.
15.Credit. When incorporating the Content in print, film features, broadcast productions, or video products, BC Vista requests a credit line that reads “BC Vista Stock Library.”
16. LIMITED WARRANTY. BC VISTA WARRANTS THE CONTENT TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR 30 DAYS FROM THE DATE OF LICENSE SALE.
17. DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, BC VISTA, ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE IN TRADE.
18.EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE LIMITED WARRANTY IS THE REPLACEMENT OF THE CONTENT OR REFUND OF THE PURCHASE PRICE, AT BC VISTA'S OPTION.
19.LIMITATION OF LIABILITY. BC VISTA'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY YOU AND UNDER NO CIRCUMSTANCES SHALL BC VISTA BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE CONTENT IS A CONSIDERATION IN LIMITING BC VISTA'S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
20.Indemnification. You assume full responsibility for the use of the Content. You agree to defend, indemnify and hold harmless BC Vista (including its licensors, officers, directors, employees, and agents) against all claims, lawsuits, demands, damages, torts, loss, liability, or expenses (including attorney’s reasonable fees) arising out of your use of the Content or by reason of any breach of this Agreement by you, your end-users or customers. You agree to indemnify and hold BC Vista harmless from and against any damages or liability of any kind arising from your use of the Content in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct.
21.Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
22.Consent to Jurisdiction. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the Provincial and Federal courts located in the Province of British Columbia.
23.Choice of Law. This Agreement will be governed in all respects by the laws of the Province of British Columbia, Canada, without reference to its laws relating to conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, BC Vista shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of BC Vista, such action is necessary or desirable.
|
