Terms and Conditions

 

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 CONDITONS, 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.