Terms Of Use

EDITSTOCK TERMS OF USE

The following terminology applies to this Terms of Use and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms of Use. “EditStock”, “The Company”, “Ourselves”, “We” and “Us”, refers to EditStock, LLC, the owner and operator of this website. “Party”, “Parties”, or “Us”, refers to both you and ourselves, or either you or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

In purchasing a license or other goods or services via this website, you are deemed to have read and agreed to the following Terms of Use, which may be updated or changed from time to time by the Company without notice to you. Your continued use of this website following the posting of any changes to this Terms of Use constitutes acceptance of those changes. Access and use of this website is provided by the Company to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.

Customer Requirements

The Company’s services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful.

Grant of Limited License

The Company is granting you a limited license to use the content you are licensing from our website (the “Content”) in certain limited ways depending upon the license rights you purchase. All license rights granted and sold to you by us are limited, revocable, non-exclusive, non-sublicensable, individual, non-transferable, worldwide licenses to use, modify and publicly display the Content solely for your personal or educational use (unless a multi-user educational license is purchased and granted by us subject to the terms and conditions hereinbelow), to be utilized in your demo reels, class assignments, and personal websites, subject to the restrictions set forth in these Terms of Use.

If you purchase, and the Company grants, a multi-user educational license, such license is only applicable to users within one educational building or campus site and users must be actual, tuition paying students or faculty of the educational facility. Footage licensed to students hereunder must be provided in hard copies or localized on a central server or computer(s) and may not be disseminated to such students online unless the online service is limited to tuition paying students and the content is protected by password or other means to ensure only those students and faculty have access. The educational facility shall be responsible for ensuring that all users of a multi-user educational license comply with these Terms of Use.

The Company maintains samples of content on its website for the sole purpose of allowing you the opportunity to evaluate such content to determine whether it is suitable to license for your purposes. You may not copy, distribute, publish, display, or use such samples for any purpose other than evaluating your license purchase, and the Company does not grant to you any license or other rights in or to such samples.

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 the Company, its licensors, the content creators and their successors and assigns. Other than the limited license explicitly set forth in these Terms of Use, 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 inure to your benefit or accrue to you, whether by implication, estoppel or otherwise.

Unauthorized Uses and Limitations

The Content and any other compilation or derivative work in which you have incorporated the Content thereof may not, in whole or in part, be used, sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, screen-savers, stock elements, effects imagery elements, or downloadable files. You may not make the Content available in any manner intended to allow a third party to have access to or use the Content as a standalone element or file. The Content and any other compilation or derivative work thereof may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution, rent, lease, loan, sublicense or resale. These restrictions apply even if the Content has been significantly altered. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void.

Any use of Content that is not expressly permitted by this Terms of Use is not allowed. In the event you wish to obtain additional license rights, other than those limited license rights specifically described in these Terms of Use, you must contact the Company to inquire as to the availability of such additional rights, which may or may not be offered by the Company in its sole discretion. Additional fees for additional license rights, if available or offered by the Company, may apply.

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, groups, organizations, customs, cultures, religions, governments, or military represented Contend. You may not use the Content in any pornographic, obscene, fraudulent, libelous, infringing or illegal manner. These restrictions apply whether the Content is used as part of, or directly, indirectly or in conjunction with other materials or subject matter. You may not use the Content in any way that violates these Terms of Use, any law, or the rights of any third party.

Credit

You shall not claim any formal credit in the Content in any format or media, including, without limitation, the credits "Edited by", "Directed by," and "Music By." The Content may not be presented as the "official version" of the Content on any website, 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, products or rights. Notwithstanding the foregoing, you may informally use the credit “Edited by” in your use of the Content for purposes of demo reels, resumes, and presentations, but in no event may such credit be used by you in any official capacity in relation to your use of the Content, including, without limitation, on the Internet Movie Database (imdb.com).

Marketing and Promotion Rights Granted to Us

Unless the Company receives written notification from you to the contrary, you hereby grant the Company the full right and authority to display compilation or other derivative works created by you which incorporate the Content at trade shows, in collateral, and/or via electronic distribution in conjunction with Company marketing, educational, and promotional purposes as examples of customer usage. At your request, the Company will identify you as the author of such derivative work.

Releases and Clearances

You are responsible for using the Content at your own risk. You are solely responsible for determining whether your use of any Content, if not explicitly authorized by these Terms of Use, requires the consent of any other party or the license of any additional rights, and you should not rely solely on the information provided by the Company in connection with the foregoing. You are solely responsible for obtaining any and all supplemental releases and clearances as may be required as a result of the foregoing, including without limitations rights from any representative guild, union, professional organization, or other authorized representative. No employee or representative or the Company may make, and you shall not rely upon, any representations or warranties in connection with such clearances, other than those stated herein.

Your Representations

You represent and warrant that you will use the Content only for lawful purposes and that you will not violate any term of this Agreement.

If you are purchasing the licensed material on behalf of an entity or other person, you represent and warrant that you are authorized and have authority to act as an agent on behalf such other entity or person. If such entity or person disputes your authority to do so, you will be liable for such entity or person’s failure to comply with the terms of this Agreement.

Refund and Exchange Policy

The Company has a thirty-day refund policy from the date payment has been received. At any time during or after such thirty-day period, up to six months from the date payment has been received, you may “exchange” your rights to use the Content for another piece of content offered by us of equal or lesser value. In the event you “exchange” your rights to use the Content originally licensed by you, you will immediately forfeit your rights to any continued use, for any purpose, of such originally-licensed Content.

Disclaimer and Limitation of Liability

THE INFORMATION ON THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND, IN PARTICULAR, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE OR THE CONTENT FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE CONTENT.

Your use of the Content or any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY FOR LICENSE RIGHTS GRANTED VIA THIS WEBSITE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless the Company, 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 of these Terms of Use, (ii) your use or modification of the Content, (iii) your failure to obtain from third parties all permissions necessary to use the Content in conjunction with other materials, (iv) license rights granted to Content which rights the Company has notified you have been revoked prior to your use of 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.

Miscellaneous

The Company’s rights under these Terms of Use may be assigned. Your rights or obligations hereunder may not be assigned, whether by operation of law or otherwise, without the prior written consent of the Company. These Terms of Use shall inure to the benefit of the parties and their successors, administrators, heirs and assigns. These Terms of Use shall be interpreted under the laws of the State of California applicable to contracts entered into and fully to be performed therein. No waiver of any term hereof shall be deemed to be continuing or be deemed to waive any other term hereof. Unless the parties have a written agreement signed by each of them that governs the relationship between the parties, these Terms of Use constitute the entire understanding of the parties concerning the subject matter hereof; all prior negotiations and understandings are merged herein. If there is a conflict or contradiction between the provisions of these Terms of Use and any other relevant terms and conditions, policies or notices, the provisions of these Terms of Use shall prevail in respect of your use of this website and the Content. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. Unauthorized use of this website may give rise to a claim for damages.

Remedies

Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.

International Use

Neither we nor our affiliates make any representation that this website or content appearing on this website is appropriate or available for use in locations outside the United States. Those who choose to access this website from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.

Links To and From this Website

We do not monitor or review the content of other party’s websites which are linked to or from this website. The Company is not responsible for the privacy practices or content of such third-party websites. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of information to third parties with which you have come into contact via this website.

Copyright Notice

The information on this website is the copyrighted work of the Company and is protected under United States and worldwide copyright laws and treaty provisions. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Registered and/or pending trademarks of the Company in the United States and in foreign countries may be used throughout this site. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

© 2017 EDITSTOCK, LLC