THIS AGREEMENT GOVERNS YOUR USE OF THE FOOTAGE.FILM WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR ROYALTY-FREE CONTENT, PLEASE READ OUR LICENSE AGREEMENT.
This Web site is owned and operated by Fly & Dive SL doing business as FOOTAGE.FILM ("FOOTAGE.FILM", “We” and “Us”). Access and use of this Website, is provided by FOOTAGE.FILM to you on condition that you accept these Terms of Use, and by accessing or using this Web site, 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 Web site.
FOOTAGE.FILM may revise and update these Terms of Use at any time and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.
1. Registration
You may use elements of the FOOTAGE.FILM by simply visiting our website, but access to most of the FOOTAGE.FILM is available only to registered users. In order to register to access FOOTAGE.FILM products and services you must be at least 18 years of age. By registering to use the site, you represent and warrant that this is the case. Without prejudice to the foregoing, if reasonably requested by us or if required by customer in relation to use of a particular aspect of FOOTAGE.FILM, you agree to promptly identify yourself in a proper manner. You agree that you will provide truthful and accurate information when registering to access FOOTAGE.FILM. The decision to accept a registration is in our discretion and we may revoke a registration at any time. You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of FOOTAGE.FILM by you or any person or entity using your password, whether or not such access or use has been authorized by you.
2. Intellectual Property
All materials (including the organization and presentation of such material) on this Web site (the "Materials") are the property of FOOTAGE.FILM and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with FOOTAGE.FILM, any other use of these Materials without FOOTAGE.FILM's written permission is prohibited.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
3. FOOTAGE.FILM Trademarks
For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by FOOTAGE.FILM.
Nothing contained herein grants or shall be construed to grant you any rights to use any FOOTAGE.FILM Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use FOOTAGE.FILM's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or FOOTAGE.FILM.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of FOOTAGE.FILM Trademarks or the Trademark rights claimed by FOOTAGE.FILM.
You agree that you will not use any FOOTAGE.FILM Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without FOOTAGE.FILM's prior written consent any word or mark which is similar to or likely to be confused with FOOTAGE.FILM's Trademarks.
The look and feel of the FOOTAGE.FILM website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of FOOTAGE.FILM and may not be copied, imitated or used, in whole or in part, without the prior written consent of FOOTAGE.FILM.
All other trademarks, product names, and company names or logos used or appearing on the FOOTAGE.FILM website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FOOTAGE.FILM, unless expressly so stated.
You may not use a FOOTAGE.FILM trademark, logo, Image or other proprietary graphic of FOOTAGE.FILM to link to the FOOTAGE.FILM website without the prior written consent of FOOTAGE.FILM.
You may not frame or hotlink to the FOOTAGE.FILM website or any Image without the prior written consent of FOOTAGE.FILM.
4. Privacy - Your Personal Data
We are committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit the Website and use Cookies. By accessing or using the Website or providing any personal information on the Website or otherwise to us, you are consenting to your personal information being with and collected, processed, shared and used and our use of cookies as provided in our Privacy Policy. Please see our Privacy Policy for further details.
5. Copyright Takedown Procedures
If you believe that any materials on FOOTAGE.FILM infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must:
- identify the allegedly infringing materials;
- indicate where on FOOTAGE.FILM the infringing materials are located;
- provide your name and contact information;
- state that you have a good faith belief that the materials are infringing;
- state that the information in your claim is accurate; and
- indicate that you are the lawful copyright owner or are authorized to act on the owner's behalf.
If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with equivalent requirements.
The letter including all of the above data should be addressed to the CEO of FOOTAGE.FILM and submitted through Contact us or by email at contact@footage.film.
6. Refund Policy
All refunds are subject to the approval of FOOTAGE.FILM. Licensee may be eligible for a refund, at FOOTAGE.FILM's reasonable discretion, for any of the reasons listed below. If a refund is approved, FOOTAGE.FILM shall refund Licensee's payment as a credit on Licensee's account or to the payment method used to purchase the Content, at FOOTAGE.FILM's discretion.
Individual Downloads
An individual download may be eligible for a refund if it meets any of the following criteria:
- Duplicate Purchase: If an identical Content file and size is purchased multiple times.
- Failed Download: If there is a technical problem preventing the successful download of the Content. This may include a corrupt file, unexpected removal of file, or site technical difficulties. FOOTAGE.FILM must be contacted and provided up to one (1) hour to resolve the issue before a refund request can be processed. Refunds cannot be issued for Licensee technical problems, including browser, compatibility, or connectivity issues.
- Poor Quality: If there is a flaw in the file which does not meet FOOTAGE.FILM's professional quality standards, as confirmed by FOOTAGE.FILM staff.
- Licensor will not refund files which:
- Have been purchased, but are no longer wanted by the Licensee.
- Licensee is unable to open, due to not having compatible/required software. FOOTAGE.FILM only officially supports Adobe, Corel, and Quicktime suite of products, which have been released within the previous 8 years.
Membership
To be eligible for a membership refund, Licensee must not have used their purchased membership to download any Content files, and must notify FOOTAGE.FILM via support ticket in writing.
7. Limitations
You agree that you shall not:
Engage in any conduct that shall constitute a violation of any law or that infringes the rights of FOOTAGE.FILM or any third party.
Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
Violate the rights of FOOTAGE.FILM or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
8. Restriction and Termination of Use
FOOTAGE.FILM may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or FOOTAGE.FILM Content at any time in FOOTAGE.FILM’s discretion, without prior notice or liability to you. Any conduct by you that, in FOOTAGE.FILM’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
9. Indemnification
You agree to indemnify and hold FOOTAGE.FILM harmless against all claims or liability asserted against FOOTAGE.FILM arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
10. Links
FOOTAGE.FILM may provide links or references to other sites, services and resources on the Internet, including payment processors or gateways. FOOTAGE.FILM has no control over such sites, services and resources and we are not responsible for and we do not endorse such sites, services and resources. You further acknowledge and agree that we will not be directly or indirectly responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that FOOTAGE.FILM is not liable for any cost, loss or damages arising directly or indirectly from any such dealings or any claim that you may have against any such third party.
11. Applicable law
In case of a claim between the two parties, it will be dealt in the courts of the Principality of Andorra.
12. General
FOOTAGE.FILM's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.
13. Contact
If you have concerns relating to this web site or these Terms of Use, please contact us.