The use of EditStock footage in the classroom is governed by our Terms Of Use, listed at http://editstock.com/pages/terms-of-use. This is an excerpt of that document.
This License Agreement is between EditStock and you, under which you shall have a limited license to use the Content. EditStock is willing to grant you the following limited license on the condition that you accept all the terms in this Agreement.
By clicking the “accept” button, or by ordering, copying, downloading or otherwise using the Content, you acknowledge and confirm that you have read this Agreement, understand it, agree to be bound by all of its terms, and that you have the capacity to form a contract under you local laws. If you do not agree to any of the terms in this Agreement, EditStock is unwilling to license the Content to you and you should not download or use the Content. Subject to the Warranty provision below, downloaded Content is not eligible for a refund of replacement.
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. If you are entering this agreement on behalf of 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.
Grant Of License
Content: EditStock grants you a limited, revocable, non-exclusive, non-sublicensable, individual, non-transferable, worldwide license to use, modify and publicly display the Content. The Content may be incorporated into any personal derivative work including, but not limited to, demo reels, class assignments, and personal websites. You may not rent, lease, lend, sell or sublicense, the Content to another person, company or other entity.
Samples: In partnership with Avid Technologies, EditStock grants you the limited, revocable, non-exclusive right to use Samples in your classroom as a teaching aid, and for internal evaluation to determine whether the Content is suitable for purchasing as a standard educational license. You may not copy, distribute, publish, display, or use the Samples for any other purpose than evaluation.
Educational License: Purchase of an educational license allows use by multiple users on multiple machines, up to the limit of one Site. A site is a single campus or single building of an educational institution. A student is a person enrolled in a program. Perspective students do not apply. Educational institutions primarily based online will need to contact EditStock for pricing as additional licenses may be necessary to purchase. Footage maybe distributed to students by the educational site through a central server, localized on any number of computers, or through solid media such as hard drives. Footage may only be distributed to students online if they must log in with a user name and password before accessing the content. All users under an educational license license must be current students or faculty of the organization purchasing the multi-user license. The individual or organization purchasing the educational license will be regarded as the licensee and is responsible for ensuring compliance with all Copyrights, Restrictions and Warranties contained in this License Agreement on behalf of all users of the product under the license. All restrictions pertaining to the Single User License apply to the educational license as well.
Ownership
The Content is licensed, not sold, to you. All right, title, and interest in the Content (including any updates or revisions), and all intellectual property rights therein, is and shall remain the property of EditStock, it’s licensors, the content creators and their successors and assigns. Other than the limited license explicitly set set forth in this Agreement, no interest in, or rights or licenses to the Content are granted to you, and no interest in, or rights or licenses to the Content shall insure in or accrue to you, whether by implications, estoppel or otherwise. Your rights to use the Content are specified in this Agreement and EditStock, it’s licensors and their successors and assigns retain and reserve all right not expressly granted to you. This Agreement does not transfer to you any ownership interest of any kind in the Content or other intellectual property right in the Content.
Credit
Students shall not claim any formal credit in the original film, including "Edited by", "Directed by," or "Music By." No User Work Product will be presented as the "official version" of the film on any website, resume, or in any public display.
You shall provide copyright attributions to EditStock in the production and on-screen credits equal in all respects to any credit accorded to any other provider of comparable services.
Limitation on Liability
EditStock is not liable for any special, indirect, consequential, punitive, or incidental damages nor from damages (including, without limitation, damages for loss of profits, business interruption, loss of goodwill, data, work stoppage, computer failure or malfunction, loss of business information, or any other pecuniary loss or commercial damages) arising out of the use of or inability to use the Content, whether based in contract, tort (including without limitation, negligence) or otherwise, even if it has been warned of the possibility of such damages. EDITSTOCK ‘S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PARTICULAR CONTENT UNDER THIS AGREEMENT. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or any liability airing out of User Work Product or content provided by you or a third party that uses any part or derivative of the Content and/or any material linked through such User Work Product and content. EditStock shall not be liable for any damages or losses arising out of your use or modification to the context in which the Content is used in User Work Product.
Your Indemnification of EditStock
You agree to indemnify, defend and hold harmless EditStock, its officers, directors, affiliates, agents, employees, contractors, subsidiaries, joint ventures, licensors (including Content sources) and licensees from and against any and all claims, demands, losses, liabilities, damages (including without limitation, reasonable attorneys fees and expenses at trial or on appear), arising out of or related to (i) your actual alleged breach of any terms, conditions, representations or restrictions on this Agreement (including the terms, conditions and restrictions identified on an EditStock invoice and/or EditStock Content information pages, (ii) your use of modification of any Content, or combination of any Content, with any text or other content (including use outside the scope of this Agreement)), (iii) your failure to obtain from third parties all permissions necessary to use the Content, (iv) Content which EditStock has otherwise notified you not to license or otherwise use prior to the beginning of the term of the license for such Content; and (v) any act (including without limitation, negligence or willful misconduct) or failure to act by you or any of your employees, contractors, employees, agents, clients, principals, or users.
Terms and Termination
This Agreement shall be effective as of the earliest of the date you download, install or use the Content and shall continue in effect until terminated. This agreement automatically terminates if you fail to comply with the terms hereof or if you attempt to assign the Agreement or transfer the Content to a third party except as expressly permitted in this Agreement. Your rights under this Agreement shall immediately terminate upon your cessation of business, insolvency, assignment of assets for the benefit of creditors, bankruptcy or appointment of a trustee for all or a portion of your assets. Upon termination of this Agreement for any reason, you must immediately stop all use of the Content, in any form, and must destroy all copies of the Content that are in your possession or control. All provisions of this Agreement, except for the “Grant of License” Section, survive on the termination of this Agreement. Any cause of action that EditStock may have against you shall survive termination.
