TERMS AND CONDITIONS
WEBSITE TERMS OF USE
Definitions
'Content' – defined as any video clips, animations, still images, texts or any other multimedia that is accessible on www.exposure4.com
'You and your' – defined as any persons using and viewing the Exposure4 website.
'We, us, our, Exposure4' – refers to Exposure4 Ltd.
1. Introduction
If you use this website (www.exposure4.com) or download any of our content, you agree to the terms and conditions that form an agreement between you and us.
This site is reserved for the use of customers of Exposure4. You may use this site to view content with the intention of purchasing it. You may not use the site for downloading content without entering into contract with Exposure4.
2. Your Agreement
(a) Exposure4 has agreed to fulfill your Video clip requirements and grant you the use of our content in accordance with the specifications of use stated on our Invoice/Copyright License and on the condition that you agree to the Terms and Conditions herein. IF YOU OBJECT TO ANY OF THESE TERMS AND CONDITIONS YOU WILL WAIVE YOUR RIGHT TO DOWNLOAD, USE AND REPRODUCE OUR CONTENT BY CLICKING THE "I DO NOT AGREE" BUTTON BELOW.
(b) There shall be no variations or changes of these Terms and Conditions unless agreed to in writing by Exposure4 and you. These Terms and Conditions supersede any and all terms on your purchase order, or your Client’s purchase order, or either your or your Client’s standard operating procedures. No action of Exposure4 other than a written waiver may be construed as a waiver of any contract clauses.
(c) None of the rights of reproduction you may purchase under the terms of this contract are assignable or transferable without our written permission.
(d) All rights that are not specifically granted to you herein are reserved for Exposure4’s use without any limitations whatsoever.
3.Ownership of Content and Rights
Exposure4 operate the website www.exposure4.com and either own or are licensed to use all of the websites content. Under no circumstances will the absolute rights and copyright of any content be transferred to you. Only the specific rights and copyright licenses granted to you in your purchase agreement will be granted to you. You may not download any of the websites content except through means of agreeing to purchase a limited license off Exposure4 to use an element of the site’s content.
4. Use of Clip Boxes and Reproduction Rights
The use of clip boxes allows you to download low-resolution copies of content to a private area within www.exposure4.com. We permit the distribution of this content to professional contacts to allow customers to discuss their purchase with colleagues before entering into contract with Exposure4. In conjunction with those authorized uses, you may download low-resolution content from this web site, which must hold the Exposure4 watermark to your computer desktop or send them by e-mail, free of charge, subject to the prohibitions set out below.
You may not:
a) Transfer or assign any rights to the content; it remains the full and exclusive property of Exposure4.
b) Alter, merge or edit, in whole or in part any content downloaded free of charge for clip box purposes.
c) Reverse engineer our content to remove any watermark or copyright protective logo.
d) Copy or reproduce the content on to any external hardware such as CD, DVD, external hard drive.
e) Use the content in any way that might be deemed defamatory, libelous, pornographic, or obscene.
5. Use of our Content
You must specify the intended use of content other than promotional purposes within the travel and leisure industry before purchase. Exposure4 content may not be used in any way that might be deemed defamatory, libelous, pornographic, or obscene.
6. Releases and Permissions
No valid model or property release forms exist for any of our footage unless stated in the individual clip viewer box. You agree to hold Exposure4 and the creators of the content harmless for any claims that are made against the content where a model or property release has not been provided by Exposure4 or the creators of the content.
7. Condition of Content
All files ready for digital download are in good and useable condition and it shall be assumed that you have received the content in this condition upon purchase unless you contact us within 5 business days of the transaction to report otherwise.
8. Copyright
Our content is protected by copyright. All rights to our content is owned by the creators and licensed by Exposure4.
Should Exposure4 content be used to create or to constitute over 50% of a larger edit of content, the edit should be labelled with ? Exposure4 2008 (applying to the year of publishing).
9. Payments and Invoicing
Payment of clips downloaded through www.exposure4.com will be on an instant basis whereby on online transaction takes place. Content will only be available for download once we have received this payment in full. Customers who have established an account in good standing with the Exposure4 will have the option of receiving an Invoice for their use of our content. The following conditions apply to regarding the payments of these invoices:
a) The Client shall be solely responsible for the payment for the Video as set out In the Quote or Invoice and agreed costs.
b) The balance shall be paid to Exposure4 within 30 days of filming and / or prior to delivery of the final product which ever is sooner unless otherwise specified and agreed between Client and Exposure4.
c) If the client is purchasing a license to use Exposure4 content as well as asking Exposure4 to edit the footage, the content must be paid for separately before the commencement of the edit.
d) All sums required to be paid to us under these Terms and Conditions are expressed net of Value Added Tax (and any equivalent or substitute tax), which (if and to the extent payable on such sums) shall be paid by you.
10. Termination
Either party may immediately terminate this Agreement without payment of compensation, or other damages caused to the other party solely by such termination, by giving written notice to the other party if any one or more of the following events occurs:
(a) The other party commits a material breach of any of its obligations under this Agreement, which cannot be remedied.
(b) The other party fails to remedy, or persists in, any breach of any of its obligations under this Agreement after having been required in writing to remedy or desist from such breach within a period of 30 days;
(c) In the event that we terminate this Agreement you must immediately (i) stop using our content and (ii) delete the content and all copies from all of your electronic and/or magnetic media and destroy all other copies of the Images within your possession or control, or, upon request of the Exposure4, return all such copies to us.
11. Indemnification
(a) You shall indemnify and hold Exposure4 harmless against all claims, loss, damage, proceedings or costs with respect to content that has been Reproduced without effective rights, model releases, permissions or consents.
(b) You agree to indemnify and hold Exposure4 against all claims, demands, costs, damages and related expenses, whether foreseeable or not, arising directly or indirectly in respect of any claims that the Reproduction of any Content provided to you by us infringes the intellectual property rights of a third party.
(c) You agree that you will not use or permit the use of our content to defame any person or violate any person's right of privacy or publicity, for any obscene or indecent purpose, or in any other way which is illegal or unlawful. You further agree not to use or permit the use of our Images as a trade or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof. You agree to indemnify and hold us harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of our content other than in accordance with the terms of this Agreement.
12. Liability
In no event will Exposure4 be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with these Terms and Conditions, including without limitation (i) the use of or inability to use the Images or (ii) the inability to obtain additional rights to the Images (including making additional copies). In any event, the limit of liability of Exposure4 shall be the fee paid for the Images to us.
LICENSING TERMS AND CONDITIONS
These licensing terms and conditions are to clarify some details that are specific to licensing. Both sets of terms and conditions apply and must be agreed to before a license is granted to the client.
This Agreement is between the client being supplied a service or product, Herein referred to as "Client"
AND
Exposure4 Ltd
44 Fulham Road
London
SW3 6HH
UK
Registered No. 4457636
Herein referred to as "Exposure4"
WHEREAS:
a) Exposure4 is and will be defined by the company name and address on each invoice or quote issued in accordance with work carried out and pursuant to that company and country’s law.
b) Exposure4 supplies limited license stock video clips and still images to the client within the terms and conditions of this agreement:
1. Licensing
In all circumstances Exposure4 shall remain the sole and exclusive owner of the content.
Your purchase from Exposure4 is of a limited license to use stock content owned by Exposure4 with the following restrictions:
The Client must not:
a) Use the clips for defamatory, pornographic, obscene, illegal or ambiguous purposes.
b) Use our content in a way that allows third parties to download content in an uncompressed format.
c) Resell or sub license or otherwise distribute any of our clips.
d) Use screen grabs from content to create still images that will be used without written consent from Exposure4.
e) With regards to video content containing models or property:
(i) Use the clips for anything that can be interpreted as negative or unflattering towards the model or property.
(ii) Use the model or property in the content to represent the product that is being endorsed.
f) Use the content within the following formats without additional written agreement from Exposure4
(i) Cinema Exhibition
(ii) Mainstream Terrestrial Television
2. Length of License
The length of licence for any content that has been purchased from Exposure4 through this website is 18 months from the date of delivery to yourself unless otherwise specified. Any agreement between Exposure4 and yourself shall terminate immediately upon the passing of this 18-month period. Should you wish to extend the use of the clips provided, Exposure4 must grant permission, which may be subject to additional payments.
3. Releases and Permissions
No valid model or property release forms exist for any of our footage unless stated in the individual clip viewer box. You agree to hold Exposure4 and the creators of the content harmless for any claims that are made against the content where a model or property release has not been provided by Exposure4 or the creators of the content.
4. Copyright
Our content is protected by copyright. Should Exposure4 content be used to create or to constitute over 50% of a larger edit of content, the edit should be labelled with © Exposure4 2008 (applying to the year of publishing).
