Welcome to this website. The following are the terms and conditions that govern your use of this site. THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FOOTAGEREP (“FOOTAGEREP”, “COMPANY”, “WE”, “US” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU ACCEPT THEM. BY VIEWING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST ACCEPT IT AS PRESENTED TO YOU, WITHOUT CHANGES. WE WILL ACCEPT NO ADDITIONS OR DELETIONS. At any time We may change, add, or remove any part of this Agreement or any part of the services and features provided at the Site. If We do so, We will update the Agreement on this page and may also post such changes elsewhere on the Site.
IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SITE. YOUR CONTINUED USE OF THE SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.
Ownership of This Website
This website is owned and operated by Company. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, inventions, concepts, ideas, and software (“Content”), is owned by Company, its licensors and its content providers.
All elements of Company websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Company or one of its subsidiaries or content providers, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Company or its third party content providers unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via the Site may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. You shall indemnify Company, its subsidiaries, its affiliates, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
Trademarks
“FootageRep”, and the FootageRep logo are the property of Company. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, Company, or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Disclaimers
THIS WEBSITE AND ITS CONTENT AND ITEMS AND SERVICES SOLD ON THIS WEBSITE ARE PROVIDED “AS IS” AND COMPANY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms of Use or elsewhere on this website, or as otherwise required by applicable law, neither Company nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
Company uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There may be links to other websites from the Company website; however, these other websites are not controlled by Company and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Company regarding the inclusion of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Unauthorized Use
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize any of our Content without our permission or other than for the usage indicated on our invoice, or prior to paying that invoice in full, we agree that we may forego our right to sue you for copyright infringement and you agree in such case, to pay as liquidated damages, a retroactive license equal to the greater of $10,000 or ten (10) times the normal price we would have charged for such authorized use within two weeks of receipt of invoice.
No Waiver, Severability
No action of Company, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use. Should any clause of these Terms of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Submissions
Material submitted (“Submissions”) must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission. By sending a Submission to the Site or the Company you agree to grant Us a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Submission. If you do not want to grant to Us the rights set out above, do not send your Submission to Us or the Site.
Confidentiality
You agree to maintain the confidentiality of any “Confidential Information” that Company may provide to you, and you will not use or disclose the same without the prior written consent of Company. “Confidential Information” means any information that is either designated as confidential by Company or that under the circumstances surrounding the disclosure ought in good faith be treated as confidential by you, and includes, shot lists, shoot details, art direction, discussions, the Footage Manager section, information provided in any password-protected area, video purchase agreements, and any usernames or passwords.
Nature of Relationship
You agree that you are an independent contractor. The Parties expressly acknowledge and agree that their relationship is not one of partnership, employment, joint venture, or any other legal identity. You are solely responsible for obtaining and maintaining all applicable business licenses and insurance, and for timely payment of all bank fees, PayPal fees, or any other fees and income, payroll, and employment-related taxes, including without limitation all unemployment, workers compensation, income tax withholding, social security, and any other taxes or public charges of any nature whatsoever. You warrant that you are of full adult age and have the right to contract in your name.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of California, USA in Los Angeles County.
Privacy Policy
For visitors on our website we collect:
• Any information given to us by users that contact us via inquiry form, survey, etc.
The information that we collect is used for:
• Internal review, tracking, or contacting and is then archived for future reference.
• Delivering custom content to our website visitors.
• Improving the quality of our website content and user friendliness for a better user experience.
• Contact information for marketing purposes, including newsletters, emails or periodic advertisements from our company.
• We may share this information for tracking and other non-commercial purposes.
We may use a standard technology called a cookie for the following purposes.
• Recording Session information for shopping cart or other purposes.
• Store visitor preferences for return visits to our website.
• Helping to manage subscription or private areas on our website.
• Delivering user customized content based on user specific information, such as browser type, screen type or resolution, etc.
If you are currently receiving a newsletter or emails from us and would like to stop receiving them, please notify us by contacting us by email, at the above address. We do not partner or use any 3rd party ad services or content delivering services. With respect to security, we use industry standard encryption technologies, when transferring and receiving data from visitors on our website. For questions regarding our privacy policy or website in general, please contact us.
We reserve the right to change these Terms of Use, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Company and you relating to your use of this website.