This Stock Footage Sales Site (the “Site”) is owned and operated by WGBH Educational Foundation (“WGBH”). The following terms and conditions govern your use of the Site. By accessing or using the Site, you agree to be bound by the terms and conditions stated herein. The terms and conditions set forth herein apply to all information, online communications, services, text, graphics, links or other material and information that is or becomes available on the Site (collectively, “Information”). By signing on and using the Site, you specifically agree to abide by these terms and conditions and any modifications thereto
1. Restrictions on Use: This Site is intended as a catalog of stock footage and other materials (the “Material”) which are available to be licensed by you.
Any use of Material is strictly limited to the terms of a specific license agreement relating to specific Material (a “License Agreement”). Subject to the terms of a License Agreement, Material may not be modified, copied, reproduced, republished, downloaded, uploaded, linked to, stored in any medium (including in any other website), distributed in any way, posted, shown or played in public, broadcast, transmitted or re-transmitted in any way. In the event you wish to use Material from the Site, its use shall be subject to a License Agreement, and a license will be issued for usage of the Material upon payment of the appropriate licensing fees. It is understood and agreed that you shall have no right to use any material, until such time as a License Agreement has been executed and the appropriate license fee(s) have been paid to GBH; use of the Materials for any other purpose is a violation of WGBH’s copyright and other proprietary rights.
2. Conflicts: Where any matter contained in these Terms and Condition or elsewhere on this Site may be read so as to alter, amend or supersede any part of the License Agreement, then the License Agreement shall be taken to be the definitive and over-ruling part of this Agreement.
3. Copyright: All rights, including copyright and database right, in this Site and its contents (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips and any after-sales material), are owned by or licensed to GBH, or otherwise used by WGBH as permitted by applicable law.
4. Trademarks: All trademarks, service marks, and trade names are proprietary to WGBH. Nothing contained herein shall be construed as conferring to you any license or right under any trademark or patent of WGBH.
5. Users’ Obligation to Abide By Applicable Law: In connection with the use of the Site, you shall not engage in conduct or publish information which would infringe upon or injure the personal or property rights of any individual, group, or entity, including but not limited to defamation, harassment, invasion of privacy, tort, or disclosure of confidential or trade secrets. Furthermore, you shall not violate any law or treaty or intellectual property rights protected by law (such as copyright, patent and trademark rights). You acknowledge that the Information and Materials available on the Site may include intellectual property that is protected under the copyright, trademark, and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution, or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings, and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
6. Disclosure of Online Communications: You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of WGBH may, in the course of their regular duties, have access to communications required by law.
7. Rogue Programming and Viruses: WGBH is not responsible for any computer virus, trojan horse, timebomb, worm, or any other rogue programming (“Rogue Programming”) that may be contained in any of the Information, Material or software contained on the Site. WGBH has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files. You agree not to post, transmit, or make available in any way through the Site any software or other materials that contain Rogue Programming.
8. Content of Information: You are responsible for the content of any Information you put on the Site. WGBH has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on the Site. WGBH reserves the right to review any Information that is or becomes available on the Site. WGBH reserves the right to refuse to post or to remove any Information that is, in WGBH’s sole discretion, unacceptable, undesirable, or in violation of these rules. However, WGBH has no obligation to exercise such reservation of rights by WGBH.
9. Disclaimer of Warranties: The Site, the Information and Material on the Site are provided on an “As Is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. WGBH does not warrant that any information is complete or accurate, that the Site will be uninterrupted or error free, or that any information or material is free of Rogue Programming.
10. Limitation of Damages: Under no circumstance, including negligence, shall WGBH be liable for any direct, indirect, incidental, special, punitive, or consequential damages that may result from the use or inability to use the Site, including without limitation use of or reliance on information available on the Site, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance.
11. Release and Indemnity: You hereby release and waive any and all claims and/or liability against WGBH arising from or in connection with your use of the Site. You also agree to defend, indemnify, and hold harmless WGBH from and against any and all claims or liability, including costs and attorneys’ fees, arising from or in connection with your use of the Site or failure to abide by applicable law.
12. Modifications: The Terms and Conditions and the Information may be revised, amended, or supplemented by WGBH without notice at any time for any reason. Continuing to use the Site after a change has been made will signify your acceptance of the changes.
14. Other: These Terms and Conditions will be governed by and interpreted pursuant to the laws of the State of Massachusetts, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason, unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.