Welcome to the websites of NatureFootage, Inc. (the “NatureFootage Sites”). The NatureFootage Sites include, without limitation, NatureFootage.com and all other affiliated NatureFootage websites. These sites are owned and operated by NatureFootage, Inc. For purposes of this Agreement, NatureFootage, Inc. shall be referred to herein as “NatureFootage” or “We”, and you, the user who establishes or accesses a connection for access to and uses any of the NatureFootage Sites shall be referred to herein as “you” or “user”.
RESTRICTIONS ON USE OF MATERIALS
All materials contained on any of the NatureFootage Sites, including without limitation, text, software, photos, video footage, graphics, music and sound are the copyrighted property of NatureFootage as a collective work under the United States copyright laws. NatureFootage or its affiliates, content providers or licensors own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In addition, all trademarks, service marks, trade names, and trade dress on the NatureFootage Sites are proprietary to NatureFootage or its affiliates, content providers or licensors. No material from any NatureFootage Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed or in any way exploited, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you register and place an order for footage on one of the NatureFootage Sites. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NatureFootage and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE NATUREFOOTAGE SITES IS AT YOUR SOLE RISK AND THE NATUREFOOTAGE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NATUREFOOTAGE AND ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NATUREFOOTAGE AND ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO WARRANTY THAT (i) THE NATUREFOOTAGE SITES SHALL MEET YOUR REQUIREMENTS, (ii) THE NATUREFOOTAGE SITES SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NATUREFOOTAGE SITES SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, LICENSED OR OBTAINED BY YOU THROUGH THE NATUREFOOTAGE SITES SHALL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OR ON THE NATUREFOOTAGE SITES SHALL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NATUREFOOTAGE, THROUGH OR FROM THE DVS SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO EVENT WILL NATUREFOOTAGE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY OF THE NATUREFOOTAGE SITES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE NATUREFOOTAGE SITES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ANY OF THE NATUREFOOTAGE SITES.
REGISTRATION AND ORDERING
Some services offered on the NatureFootage Sites require that you fill out a registration or ordering page on which you will be asked to provide certain information about yourself, including without limitation, your name, email address, contact information, and credit card information. You agree that any information which you provide to NatureFootage on any of its Sites shall be true, accurate, and complete, and will be promptly updated if and when any of your previously submitted information changes.
USER NAME & PASSWORD
You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and user name, and are fully responsible for all activities that occur under your password or user name. You agree to (i) immediately notify NatureFootage of any unauthorized use of your password or user name or any other breach of security, (ii) ensure that you exit from your account at the end of each session, and (iii) defend, indemnify and hold harmless NatureFootage and its affiliates, officers, directors, employees, agents third-party content providers and licensors from any loss or damage arising from the use of your password or user name.
NatureFootage shall have the right, but not the obligation, to monitor your conduct on the NatureFootage Sites as well as the content in your account, to determine compliance with this Agreement and any operating rules established by NatureFootage and to satisfy any law, regulation or authorized government request.
We take the issue of your privacy seriously. We keep your credit card number, billing and shipping information completely confidential and we do not share this information with anyone besides the credit card companies, unless you permit us to do so. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number while your order is stored on our system.
You agree to defend, indemnify and hold harmless NatureFootage, its affiliates and respective directors, officers, employees, third-party content providers and licensors from and against all claims and expenses (including reasonable attorneys’ fees and disbursements) arising out of your use of the NatureFootage Sites. This provision will survive termination of this Agreement.
These terms and conditions are effective until this Agreement is terminated by either party. Either you or NatureFootage may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate your access and/or account without notice in the event we, in our sole discretion, find your conduct to be unacceptable, or in the event you breach any of the terms or conditions of this Agreement.
THIRD PARTY CONTENT
We are distributors (and not publishers) of content supplied by third parties. Accordingly, we have no more editorial control over such content than does a public library, bookstore or newsstand. Any information or content expressed or made available by third parties, including cinematographers, are those of the respective submitters or distributors, and not of NatureFootage. Neither NatureFootage nor any third-party provider of content guarantees the accuracy, completeness or usefulness of such content, nor its merchantability or fitness for a particular purpose. Under no circumstances will NatureFootage be liable for any loss or damage caused by your reliance on any content or information obtained through the NatureFootage Sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any content or information made available through the NatureFootage Sites.
THIRD PARTY LINKS
As a convenience, the NatureFootage Sites link to other sites that may be of interest to you, but are not under our control. These links do not imply an endorsement by NatureFootage and we are not responsible for the availability of or the content contained in any linked site, or any cookies that may be placed by the operators of such sites (including without limitation by means of the link from the websites).
COPYRIGHTS AND COPYRIGHT AGENTS
We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your footage or the footage of another copyright holder has been copied in a manner that constitutes copyright infringement, please provide NatureFootage the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the NatureFootage Sites; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the use in question is not authorized by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Unless otherwise specified, the content on any of the NatureFootage Sites are presented solely for the purpose of promoting such content in the United States and its territories, possessions, and protectorates. The NatureFootage Sites are controlled and operated by NatureFootage from its U.S. offices in California. We make no representations that content on any of the NatureFootage Sites are appropriate or available for use in any particular location. Those who do choose to access the NatureFootage Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the NatureFootage Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to such state’s conflict of law rules. The federal and state courts situated in the County of Alameda in the State of California shall have exclusive jurisdiction over this Agreement and you agree to submit to the personal and exclusive jurisdiction of such courts. The failure of NatureFootage to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and NatureFootage with respect to the NatureFootage Sites and the terms and conditions herein, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and NatureFootage with respect to the NatureFootage Sites. This Agreement may not be modified except in writing and signed by NatureFootage.