License Agreement
Classic Images Stock Footage
License Agreement
Effective Date: January 1 2020
This Agreement, as well as the Classic Images Stock Footage Site Terms and Conditions, Privacy Policy, and Invoice referenced herein (collectively, the "Agreement") is a legal agreement between the Licensee and Classic Images Stock Footage ("Licensor") and governs the terms and conditions by which Licensee obtains the right to download, obtain and/or use all film or video footage, still images and other audio/audiovisual recordings, in any format, obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Material”) from Licensor. Licensor may amend this Agreement, in whole or in part, and post this Agreement on the Classic Images Stock Footage Site at any time without advance notice. By ordering and paying for Licensed Material, Licensee and/or Purchaser indicate their acceptance of this Agreement and all terms and conditions and policies listed on the Classic Images Stock Footage Site.
ORDERING MASTER ELEMENT(S): Mark the in and out time codes and select the Material you need. Select the usage and term to determine cost. Download or receive by other means the Material you need after payment and licensing are completed.
LICENSE FEES: Classic Images Stock Footage LICENSE FEES vary depending on the type of production and specific use of the Licensed Material (See RATE CARD for fees) obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, that Licensor licenses to Licensee under the terms of this Agreement. The LICENSE FEE for Licensed Material is computed on a per second basis and shall be billed per second of actual on-screen time with a TEN SECOND MINIMUM PER PRODUCTION (UNLESS OTHERWISE SPECIFIED IN YOUR INVOICE).
Prices may be negotiated for volume orders.
OTHER CHARGES: The LICENSE FEES for the Licensed Material do not include lab and shipping charges. If such charges are required by Licensor, then such charges shall be included in a separate custom order agreement with Licensor.
PAYMENT SCHEDULE: LICENSE FEES and lab and shipping costs are payable in full upon order of LICENSED MATERIAL. Any additional lab and shipping costs will be due, if necessary, upon delivery of the LICENSED MATERIAL to you.
If necessary, final billing will be made upon Classic Images Stock Footage review of the finished project. Fees will only be due if the Production type or specific licensed use or term changes or the Production exceeds the licensed usage amounts.
REFUNDS: If Licensee or Purchaser requests in writing to cancel this Agreement within 30 days of the date of receipt by Licensee or Purchaser of the Licensed Material, and such Licensed Material has not been used by Licensee, Classic Images Stock Footage may cancel this Agreement and issue up to 50% credit of the License Fee to Licensee's or Purchaser's account or credit card. The client must pay the duplication/lab, shipping costs and any other non-License Fee charges for all material ordered whether or not it is used in the final production. After 30 days from the date of receipt by Purchaser of the Licensed Material, all sales are final and non-refundable.
LICENSED MATERIAL DEFECTS: Classic Images Stock Footage supplies Licensed Material from the best available elements. Licensee should examine all Licensed Material for possible defects. Classic Images Stock Footage shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material.
LICENSE CONDITIONS: Use of Classic Images Stock Footage Licensed Material is non-exclusive and subject to the terms and conditions of our Agreement. Licensed Material is licensed for one production only and may not be re-used or re-cut into another production or re-sold to a third party.
If required, the client (Licensee) is exclusively liable for any and all residuals, royalties, clearances, trademarks etc. The Licensee is not authorized to use any Licensed Material from Classic Images Stock Footage until all fees have been paid and the Agreement accepted (SEE LICENSE AND TERMS AND CONDITIONS).
SCREEN CREDIT: Licensee shall ensure that Classic Images Stock Footage receives a SCREEN CREDIT “Classic Images Stock Footage” in any production that contains credits and uses Classic Images Stock Footage Licensed Material.
COPYRIGHT / OWNERSHIP NOTICE: Unless otherwise specified in your Agreement, the license fee covers the use of LICENSED MATERIAL ORDERED BASED ON TOTAL SECONDS USED WITH A TEN SECOND MINIMUM IN ONE PRODUCTION ONLY (UNLESS OTHERWISE SPECIFIED IN YOUR INVOICE).
Additional license fees will be incurred for: 1) Using the Licensed Material or a part of the Licensed Material in more than one production; and /or 2) Using the Licensed Material in lifts and/or altering versions; and / or 3) Using the Licensed Material in any manner whatsoever for more than the TOTAL SECONDS LICENSED.
YOU MUST ACCEPT THE TERMS OF YOUR AGREEMENT AND YOU MUST PAY ALL FEES BEFORE LEGALLY USING LICENSED MATERIAL IN YOUR PRODUCTION.
USING LICENSED MATERIAL WITHOUT PAYING ALL FEES DUE AND WITHOUT OBTAINING THE CONSENT OF CLASSIC IMAGES STOCK FOOTAGE IS AN UNAUTHORIZED USE AND WILL SUBJECT YOU TO THE PENALTIES OUTLINED BELOW.
NOTICE: Classic Images Stock Footage has copyrighted material within its library. An unauthorized user will pay a fee of 10 times the regular license fee for any unauthorized duplication, distribution and / or usage of any Classic Images Stock Footage regulated and/or owned Material. In addition, such a user will pay to Classic Images Stock Footage any legal or other monies expended in CLASSIC IMAGES STOCK FOOTAGE’S efforts to obtain the license fee. Classic Images Stock Footage owns all digital and video elements and Licensee must return or destroy such elements upon completion of the project.
License Definitions:
In this Agreement the following definitions apply:
1 "Invoice" means the website-generated or standard printed form invoice provided by Classic Images Stock Footage listing the company and the terms agreed with the Licensee including the Licensed Material, the type of use and name of Production, the covered term and territory of the license and delivery method of Licensed Material. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
2 “Material” means all film footage, video footage, still images and other audio/audiovisual recordings, in any format, obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof.
3 “Licensed Material" means all film footage, video footage, still images and other audio/audiovisual recordings, in any format, obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, that is licensed to Licensee by Licensor under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to all Licensed Material individually and as a whole.
4 “Licensee" means the entity purchasing a license hereunder or, if there is a separate Purchaser, the entity specifically designated as Licensee during the purchase process and set forth as such in the Invoice.
5 "Production" means the final work or any internal or external project and/or product that are created by or on behalf of Licensee using the Licensed Material as authorized by this Agreement.
6 "Purchaser" means an entity purchasing the license hereunder on behalf of a third-party Licensee.
7 "Terms and Conditions" means the information available to Licensee at the time Material is ordered either on the Classic Images Stock Footage web site (“Site”) or in writing from Classic Images Stock Footage personnel and such information may also be found in the Invoice. Terms and conditions may include, but not be limited to, the permitted use, the term and territory or any other use conditions and restrictions as applied to the Licensed Material. The Terms and Conditions shall be incorporated into this Agreement and all references to the Agreement shall include the Terms and Conditions.
THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN CLASSIC IMAGES STOCK FOOTAGE (“LICENSOR”) AND THE LICENSEE.
LICENSEE, PURCHASER (IF ANY) AND LICENSOR WILL BE THE PARTIES ENTERING INTO THIS AGREEMENT. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE SITE AND / OR VIA SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOG (PHYSICAL) DELIVERY OF LICENSED MATERIAL.
BY ORDERING A LICENSE, LICENSEE AND, IF APPLICABLE, PURCHASER, CONFIRM THAT THEY HAVE THE CAPACITY TO FORM A CONTRACT UNDER THEIR LOCAL LAWS AND WARRANT AND REPRESENT THAT THEY ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement and do not download the Material.
By selecting the box at the end of this Agreement “I Agree” or by other means signifying your acceptance, you accept this Agreement and agree to be bound by its provisions.
Classic Images Stock Footage
Non-Exclusive License Agreement
Effective Date: January 1 2020
Classic Images Stock Footage, (hereinafter referred to as the "Licensor") does hereby grant the non-exclusive right and license to Licensee and its parent and/or affiliate companies, subsidiaries, successors and assigns (hereinafter collectively referred to as the "Licensee"), to use the Licensed Material as specified on the Invoice for the sole purpose of incorporating said Licensed Material into one type of use, with the title of such use and the covered term and territory as set forth in the Invoice (hereinafter referred to as the "Production").
Licensed Material may appear in this single Production only in accordance with the terms and conditions hereinafter set forth:
1) PAYMENT SCHEDULE: Licensee shall make all the following payments to Licensor.
1.A) License fee: Licensee expressly acknowledges, accepts and agrees that Licensee shall pay the licensing fee in U.S. Dollars in full upon Licensee’s order of Licensed Material as listed on the Invoice; provided that such licensing fee shall be emailed by Licensor to Licensee prior to the processing of the Invoice.
2) Upon reasonable notice, if Licensor requests to verify usage, Licensee shall return a digital copy or a usage report of the finished Production which utilized Licensed Material, to Licensor, upon completion of the Production.
3) Licensor will send final billing, if deemed necessary by Licensor in Licensor’s sole discretion, upon Licensor's review of the finished Production and Licensee shall pay such billing only if the Production has exceeded the usage amounts or terms and conditions outlined in the Invoice.
4) Licensee may only use the Licensed Material for the purpose specified in the Invoice and may not sell or reuse the Material without Licensor’s written permission. Licensee's rights in the Licensed Material shall be non-exclusive.
5) All Licensed Material listed in the Invoice is delivered upon the express understanding, to which Licensee agrees by acceptance of such Licensed Material, that Licensor warrants nothing except its title to the Licensed Material and that Licensee assumes full responsibility for any use which it may make of such Licensed Material or of any material contained therein. Licensor represents that it has the legal right to enter into this Agreement. Licensor will indemnify, defend and hold the Licensee harmless against any liability, loss or damage including reasonable attorney's fees and court costs arising out of or in connection with any such claim or any breach of its warranties hereunder.
6) All Licensed Material licensed hereunder is delivered upon the express understanding, to which Licensee agrees by acceptance of such Licensed Material, that, except as specifically otherwise provided in paragraph 5, above, Licensee assumes full responsibility for any use which it may make of such Licensed Material or of any material contained therein, and that Licensee will indemnify and hold Licensor and its suppliers harmless against any liability, loss or damage arising out of or in connection with any such use or the license of such Licensed Material to Licensee except for claims arising from any breach of Licensors representations in paragraph 5 above. This indemnification shall include, but not be limited to, reasonable attorney's fees and court costs.
7) Licensee shall pay, and shall be exclusively liable for, any and all clearances for locations, trademarks, logos, music, professional organizations, leagues, events rights holders, unions, guilds and appropriation of likeness of any individual in a commercial use, model fees etc., if any, required to clear the usage of any Licensed Material utilized in the Production and hereby accepts full responsibility for all clearances and underlying rights required for Licensee's usage of the Licensed Material.
8) If the Production utilizes credits, Licensee will ensure that Licensor receives credit as “Classic Images Stock Footage” in any Production that utilizes or contains Licensor’s footage.
9) Licensor does not authorize final usage of the Licensed Material until Licensee’s authorized signatory has accepted this Agreement by selecting the box at the end of this Agreement “I Agree” or by other means and until Licensor receives Licensee’s payment signifying that Licensee accepts this Agreement and agrees to be bound by its terms and conditions.
10) In the event of any dispute arising hereunder, such dispute shall be determined under the laws of the state of California and be submitted for resolution to the American Arbitration Association, pursuant to their rules then in force, in the city of Los Angeles, California. The prevailing party of such decision shall be entitled to recover any and all attorney's fees.
Classic Images Stock Footage
Terms and Conditions
Effective Date: January 1 2020
Before you may use this Classic Images Stock Footage web site (“Site) or create an account on the Site, you must read and accept all the terms in, and linked to, the Classic Images Stock Footage Site Terms and Conditions ("Terms and Conditions"), the Classic Images Stock Footage Privacy Policy (“Privacy Policy”) and the Classic Images Stock Footage License Information (“License Information”). By accessing this Site, you are agreeing to be bound by the Terms and Conditions, Privacy Policy, and License Information and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. By accepting the Terms and Conditions, Privacy Policy and License Information, you agree that the Terms and Conditions, Privacy Policy and License Information will apply whenever you use our Site or services. The material displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (collectively, “Material”) are protected by applicable copyright and trademark law.
PLEASE READ THE TERMS AND CONDITIONS, PRIVACY POLICY AND LICENSE INFORMATION CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS, PRIVACY POLICY AND LICENSE INFORMATION CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND CLASSIC IMAGES STOCK FOOTAGE. By using the Classic Images Stock Footage Site and/or downloading any Material or registering your account, you agree to be bound by and comply with the Terms and Conditions, Privacy Policy and License Information. If you do not wish to be bound as set forth herein, do not use this Site.
The Terms and Conditions, Privacy Policy and License Information are not intended to alter the terms or conditions of any CLASSIC IMAGES STOCK FOOTAGE NON-EXCLUSIVE LICENSE AGREEMENT and to the extent of any conflict, the terms of your CLASSIC IMAGES STOCK FOOTAGE NON-EXCLUSIVE LICENSE AGREEMENT will prevail. By using the Site, you represent and warrant that you are of legal age, not under the age of 18, and are lawfully able to accept the Site Terms and Conditions, Privacy Policy and License Information and are not barred from receiving services under the laws of the United States or any other jurisdiction. If you are using the Site on behalf of any third party or entity, you further represent and warrant that you are authorized to accept the Site Terms and Conditions, Privacy Policy and License Information on such third party’s or entity’s behalf, and that such third party or entity agrees to indemnify Classic Images Stock Footage for violations of the Site Terms and Conditions, Privacy Policy and License Information.
THE TERMS AND CONDITIONS, PRIVACY POLICY AND LICENSE INFORMATION CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A DISPUTE RESOLUTION CLAUSE CONCERNING HOW DISPUTES WILL BE RESOLVED.
Registering for a Classic Images Stock Footage Account
In registering for a Classic Images Stock Footage account and to access certain services, you are required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Classic Images Stock Footage Site. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under or by your account. You shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Classic Images Stock Footage of any unauthorized access or need to update or remove access for your account. You shall be liable for payment for all Material downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Classic Images Stock Footage of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. You further acknowledge and agree that you will be responsible for each and every access or use of the Material that occurs in conjunction with the account and password given to you by Classic Images Stock Footage, and that Classic Images Stock Footage is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise used the Material.
You agree to immediately notify Classic Images Stock Footage of any unauthorized use of your password or any other breach of security. Classic Images Stock Footage cannot and will not be liable for any loss or damage arising from your failure to provide accurate information or follow these obligations. Classic Images Stock Footage reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Classic Images Stock Footage.
Children
Minors and children under the age of 18 are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Ownership of the Site and its Content
The Site is owned by Classic Images Stock Footage. Unless otherwise indicated, all of the Material displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, is owned by Classic Images Stock Footage and its third party suppliers and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. All elements of the Site, including the Material, are protected by copyright, trade dress, moral rights, trademark and all other applicable laws relating to intellectual property rights.
Use of the Site
The Classic Images Stock Footage Site and Classic Images Stock Footage Material are intended for clients and registered users of Classic Images Stock Footage and you may not use the Site or Material for any purpose not related to your business with Classic Images Stock Footage. You are specifically prohibited from:
1) Downloading, copying, or re-transmitting any or all of the Site or Material without, or in violation of, a written license or agreement with Classic Images Stock Footage.
2) Using any data mining, robots or similar data collection or extraction methods.
3) Manipulating or displaying the Site or the Material by using framing or similar navigational technology.
4) Registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Material or service if you are not expressly authorized by such party to do so.
5) Reverse engineering, changing or modifying any part of the Site or Material.
6) Selling, licensing, leasing, or in any way commercializing the Site or Material without specific written authorization from Classic Images Stock Footage.
7) Circumventing, disabling or interfering with security features of the Site or any system resources, services or networks connected to or accessible through the Site.
8) Using the Site or Material other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement and Complaints Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Classic Images Stock Footage has adopted a policy of terminating, in appropriate circumstances and at Classic Images Stock Footage sole discretion, account holders who infringe the intellectual property rights of Classic Images Stock Footage or any third party.
Copyright Complaints
If you believe that any material on the Classic Images Stock Footage Site infringes upon any copyright that you own or control, you may file a notification of such infringement with Classic Images Stock Footage as listed below:
Classic Images Stock Footage LLC
469 ½ South Bedford Drive
Beverly Hills, CA 90212
Email: sales@classicimagesstockfootage.com
Telephone: 310-277-0400
Trademarks
The Classic Images Stock Footage trademark, the Classic Images Stock Footage logo, and any other product or service name or slogan contained in the Classic Images Stock Footage Site are trademarks of Classic Images Stock Footage and its suppliers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Classic Images Stock Footage or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Classic Images Stock Footage" or any other name, trademark or product or service name of Classic Images Stock Footage without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Classic Images Stock Footage and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Classic Images Stock Footage Site 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 us.
Indemnification
You agree to indemnify and hold harmless Classic Images Stock Footage and its Suppliers, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to: (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Material, or combination of any Material, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Material,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
Disclaimer
THE CLASSIC IMAGES STOCK FOOTAGE SITE, INCLUDING WITHOUT LIMITATION THE CLASSIC IMAGES STOCK FOOTAGE MATERIAL, ARE PROVIDED "AS IS" AND CLASSIC IMAGES STOCK FOOTAGE AND ITS OFFICERS, EMPLOYEES, MATERIAL SUPPLIERS AND AFFILIATES EXCLUDE, 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. CLASSIC IMAGES STOCK FOOTAGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE CLASSIC IMAGES STOCK FOOTAGE MATERIAL, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CLASSIC IMAGES STOCK FOOTAGE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE CLASSIC IMAGES STOCK FOOTAGE MATERIAL. WE MAKE NO WARRANTY THAT THE SITE OR THE CLASSIC IMAGES STOCK FOOTAGE MATERIAL IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS DESTRUCTIVE OR DISRUPTIVE PROPERTIES.
Classic Images Stock Footage uses reasonable efforts to ensure the accuracy, correctness and reliability of the Classic Images Stock Footage Material, but we make no representations or warranties as to the Classic Images Stock Footage Material's accuracy, correctness or reliability.
Classic Images Stock Footage offers a search feature within the Site. Classic Images Stock Footage explicitly disclaims any responsibility for the Material or availability of information contained in our search index or directory. Classic Images Stock Footage also disclaims any responsibility for the completeness or accuracy of any directory or search result.
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.
Limitation of Liability
IN NO EVENT SHALL CLASSIC IMAGES STOCK FOOTAGE, ITS OFFICERS, EMPLOYEES, MATERIAL SUPPLIERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE CLASSIC IMAGES STOCK FOOTAGE SITE, THE SERVICES, THE CLASSIC IMAGES STOCK FOOTAGE MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CLASSIC IMAGES STOCK FOOTAGE, OR THAT RESULT FROM MISTAKES, DELAYS IN OPERATION OR TRANSMISSION, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLASSIC IMAGES STOCK FOOTAGE RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CLASSIC IMAGES STOCK FOOTAGE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CLASSIC IMAGES STOCK FOOTAGE FOR ACCESS TO OR USE OF THE CLASSIC IMAGES STOCK FOOTAGE SITE.
Law, Jurisdiction and Venue
Any dispute relating in any way to your use of the Site or the Material shall be submitted to arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Classic Images Stock Footage intellectual property rights, Classic Images Stock Footage may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms and Conditions, whether through class arbitration proceedings or otherwise.
Third Party Links
As a convenience, our Site may link to other sites that may be of interest to you but are not under Classic Images Stock Footage control. These links do not imply endorsement by Classic Images Stock Footage and we are not responsible for anything contained in any linked site.
Termination
Notwithstanding any of these Site Terms and Conditions, Classic Images Stock Footage reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Miscellaneous Provisions
Any waiver of any provision of the Site Terms and Conditions will be effective only if waived in writing and signed by Classic Images Stock Footage. If any clause in these Site Terms and Conditions is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Classic Images Stock Footage reserves the right to change any of the terms and conditions contained in the Site Terms and Conditions or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the effective date at the top of the Site Terms and Conditions. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms and Conditions whenever you visit our website.
Notices
All formal notices from you to us shall be sent to: Classic Images Stock Footage LLC, 469 ½ South Bedford Drive Beverly Hills, CA 90212 or sales@classicimagesstockfootage.com. All notices to you shall be sent to the email address that you provide to us when you register. Such notice shall be deemed given one (1) business day after the email is sent.
Classic Images Stock Footage
Privacy Policy
Effective Date: January 1 2020
This Privacy Policy discloses the privacy policy of Classic Images Stock Footage and the Classic Images Stock Footage web site (“Site”).
Please note that by agreeing to this Privacy Policy and providing your personal information you consent to the use of your personal information by Classic Images Stock Footage for the uses identified below in accordance with this Privacy Policy; and the transfer of information about you to servers located both inside and outside the United States, as necessary.
Children
Minors and children under the age of 18 are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Personal Information
Classic Images Stock Footage collects certain personal information from users of the Classic Images Stock Footage Site. To register for an account, users must provide certain contact and account information such as name, email address, billing address, and phone number to be able to access, download and license the material displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (collectively, “Material”). Classic Images Stock Footage may use certain account information such as credit or debit card numbers and company information of registered users to conduct credit inquiries. Classic Images Stock Footage may use this information it collects about you for the purpose of:
- processing your order and any invoices;
- maintaining or updating your Classic Images Stock Footage registered account;
- contacting you in response to forms such as "Contact Us" or Live Chat or emailed requests;
- sending you updates about special offers and promotions, and important news and events;
- contacting you about a material change to this Privacy Policy or Site Usage Agreement, if necessary; and
- complying with the law or in the good faith belief that such action is necessary in order to conform with the requirements of the law or to comply with legal process served on us.
Except as specifically set forth in this Privacy Policy, Classic Images Stock Footage does not sell, share or rent information about its customers to third parties for their marketing or promotional purposes.
We may disclose your personal information: to comply with any court order, law or legal process, including without limitation to respond to any government or regulatory request; to enforce or apply our Classic Images Stock Footage Site Terms and Conditions (“Terms and Conditions”), Classic Images Stock Footage license agreements, or other agreements existing between us, including for billing and collection purposes; and if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Classic Images Stock Footage, our customers or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Data Retention
We will keep information about you for as long as your account is active. If you wish to terminate your account or request that we no longer use information about you, updates about offers and / or promotions and important news and events, then please contact us at sales@classicimagesstockfootage.com. We will retain and use information as necessary to comply with legal obligations, to resolve disputes, and to enforce our contracts.
Profile Information
Your profile information in the registration form is used by Classic Images Stock Footage in order to create personalized Material and services. Classic Images Stock Footage may also profile your Site activity in order to accurately track your account and provide you with Material and services that fit your interests.
Classic Images Stock Footage may also compile data in aggregate form so that we may better understand the users visiting the Site. Aggregate data does not contain any personal information that identifies a user. Classic Images Stock Footage may provide and / or enable access to non-identifying and aggregate usage and volume statistical information from our Site users to third parties for their audit, research and analytical purposes.
Automatically Collected Information
When you access and use the Classic Images Stock Footage Site, we gather certain information automatically. This information includes Internet protocol addresses, browser type, Internet service provider, referring/exit pages, operating system, date/time stamp, and clickstream data. We may collect non-personal information about the computer or other device you use to access the Site, such as geographical information, device identifiers, browser language and other information.
We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole.
If you are logged into your user account, we are able to link this automatically collected data to such account, including sales history. Internet Protocol addresses are tied to geographic information to segregate customer location for analytical purposes.
Change of Address or Contact Information
If your personal information changes, or if you no longer desire to use the Classic Images Stock Footage Site, you may correct, update, or delete inaccuracies in information about you by making the change on the Registration page of our Site or emailing us at sales@classicimagesstockfootage.com or telephone us at 310-277-0400 or in writing by regular mail to: Classic Images Stock Footage LLC 469 ½ South Bedford Drive, Beverly Hills, CA 90212.
We will try to respond to your request within thirty (30) days. We may not be able to delete your personal information except by also deleting your user account, and we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. If you have been given or you have chosen a password for access to our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
The transmission of information via the Internet is not completely secure. We cannot guarantee the security of your personal information transmitted to or through our Site. Any transmission of personal information is conducted at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Classic Images Stock Footage Site.
Cookies and Pixel Tags
When you use the Classic Images Stock Footage Site, Classic Images Stock Footage sends your computer a cookie, a small file that sits on your computer's hard drive and contains non-personal information about the user. Cookies only identify the user's computer. Cookies allow Classic Images Stock Footage to make its Site more useful by storing information about your preferences. You can set your browser's options not to accept cookies, but this may prevent you from accessing the entire Classic Images Stock Footage Site or parts thereof.
We may use "pixel tags” on the Classic Images Stock Footage Site, in our newsletter, and in our emails. Pixel tags help us analyze customers’ online behavior and measure the effectiveness of our Site and our advertising. We work with service providers that help us track, collect, and analyze this information.
Pixel tags on our Site may be used to gather information about you and your activity on the Site. This information may include your computer's Internet protocol address, your browser type, your operating system, date and time information, and other technical information about your computer.
Pixel tags and cookies in our emails may be used to track your interactions with our Site. We also work with third-party companies that use tracking technologies to serve advertisements on our behalf on the Internet. These companies may collect information about your visits to our Site and your interaction with our advertising and other interactions.
If you would like more information about this or want to opt out of having your information used by these companies, please visit : www.networkadvertising.org/managing/opt_out.asp.
We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our Site and / or for other business purposes.
Email
Classic Images Stock Footage does not rent, share or sell email lists to third parties for their promotional purposes. Classic Images Stock Footage may send you emails to notify you about your recent order, to respond to your inquiries or requests, or to otherwise provide or request information concerning your account. Such emails will be sent to the email address you provide to Classic Images Stock Footage.
Classic Images Stock Footage offers its registered users the choice to not receive emails or updates about special benefits, promotions, or offers from Classic Images Stock Footage. If you no longer wish to receive these updates, or you wish to unsubscribe please complete the Contact Us form in the web site and let us know that you would like to be removed from the mailing list. You can also opt out by contacting us at: email: sales@classicimagesstockfootage.com, by telephone at: 310-277-0400 or in writing by mail to: Classic Images Stock Footage LLC 469 ½ South Bedford Drive, Beverly Hills, CA 90212.
Links
Please be aware that the Classic Images Stock Footage Site may contain links to other sites that are covered by their own privacy policies.
Classic Images Stock Footage is not responsible for the privacy practices of such other sites and we encourage our users to be aware when they leave our Site. We recommend that our users read the privacy policies of each and every service that collects personal information.
Changes to Privacy Policy
Classic Images Stock Footage reserves the right to change this Privacy Policy and modify this privacy policy at any time, so please review it frequently. If we decide to make any changes to our privacy policy, we will post a prominent notice on the Classic Images Stock Footage Privacy Policy and other places we deem appropriate, at least thirty (30) days prior to implementation.
If you continue to use the Classic Images Stock Footage Site after such changes it will constitute your acceptance and consent to the updated terms of our Privacy Policy.
Questions
If you have any questions about our Privacy Policy or concerns about personal information you have supplied to Classic Images Stock Footage, please contact: email: sales@classicimagesstockfootage.com or telephone 310-277-0400. You may also write to: Classic Images Stock Footage LLC 469 ½ South Bedford Drive, Beverly Hills, CA 90212