Agreement for use of purchased movieclips
This is a legal agreement between you, the purchasing person or company (LICENSEE) and Movieclip.biz.For the purposes of this agreement, the term Content is hereby defined as any moving image or audio, or any combination thereof, included in the Product purchased. If you do not agree, immediately stop any and all use of the Product or Content. The term LICENSEE shall not include any parent, subsidiary, branch office, affiliate, or separate department of LICENSEE, except with the express written consent of Movieclip.biz. All equipment used to access Content must reside at a single physical location, and be under the control of one organization unless mutually agreed to by the LICENSEE AND Movieclip.biz.
The Licensee may make one (1) archival copy of the Product provided The Licensee affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original.
LICENSEE is hereby granted the non-exclusive, non-transferable worldwide right for unlimited use of Content subject to the following restrictions.
- Content, as sold to the LICENSEE, containing music must be used as provided. Movieclip.biz is not licensed to sell the music as a separate element - consequently the music may not be re-purposed.
- Content, as sold to the LICENSEE, cannot be leased, resold, nor compiled into a collection.
- Content, as sold to the LICENSEE, may not be made available to any third party for copying or distribution. You may lease or resell the movieclip if it is used in context to promote, instruct or inform of another product or service which is not the movieclip itself.
- Content shall not be used in any manner which is unlawful, libelous, slanderous, defamatory, or pornographic, or which is in any way untruthful, misrepresentative, misleading, disparaging or malicious.
Nothing
in this agreement shall be construed to limit the rightful use by the
LICENSEE or of the public, of any elements of Content or the Product,
if
any, which are in the public domain. Movieclip.biz shall not be liable to
you for any consequential, incidental, indirect or other damages arising
out of the license of Content or the Product, including any claim of a third
party. In no event shall Movieclip.biz be liable for any amount in excess
of the purchase price paid for the Product, except to the extent prohibited
by applicable law. If any provision of this Agreement is held to be invalid,
the remainder of the Agreement shall remain in full force and effect. In
the event of any dispute arising hereunder, such dispute shall be governed
under the laws of the Province of Ontario, and be subject to the jurisdiction
thereof.
Website Terms and
Conditions
Welcome to the movieclip.biz website. The following are the terms and conditions that govern your use of this site. The Website and these terms and conditions may be updated by us from time to time without notice to you. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOVIECLIP.BIZ, ("MOVIECLIP.BIZ", "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE WEBSITE OR DOWNLOAD ANY FILES. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE WEBSITE.
You agree to indemnify and hold harmless movieclip.biz and their affiliates from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party
Welcome to the movieclip.biz website. The following are the terms and conditions that govern your use of this site. The Website and these terms and conditions may be updated by us from time to time without notice to you. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOVIECLIP.BIZ, ("MOVIECLIP.BIZ", "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE WEBSITE OR DOWNLOAD ANY FILES. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE WEBSITE.
You agree to indemnify and hold harmless movieclip.biz and their affiliates from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party
Privacy
movieclip.biz respects your right to privacy and utilizes the following practices in regards to any information we are provided about users of the movieclip.biz Website.
In order to fulfill licensing transactions or provide service to you as a customer of movieclip.biz, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, email address, phone number and credit card information.
By providing this information to movieclip.biz, you are agreeing to allow us to utilize this information to complete all transactions you request through the Website and to disclose that information and details of all such transactions to movieclip.biz's subsidiaries, affiliates and any necessary payment processors. Except as described above, we do not share, rent or sell any information you provide to us to third parties.
movieclip.biz respects your right to privacy and utilizes the following practices in regards to any information we are provided about users of the movieclip.biz Website.
In order to fulfill licensing transactions or provide service to you as a customer of movieclip.biz, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, email address, phone number and credit card information.
By providing this information to movieclip.biz, you are agreeing to allow us to utilize this information to complete all transactions you request through the Website and to disclose that information and details of all such transactions to movieclip.biz's subsidiaries, affiliates and any necessary payment processors. Except as described above, we do not share, rent or sell any information you provide to us to third parties.
Notifications
From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We may do so using either the email or the mailing addresses you provided on the registration or billing information screens. Should you not wish to receive this type of information, you shall be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your Registration Data at anytime thereafter-we shall not send you information if you inform us that you do not wish to receive such materials.
If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the registration section of the Website.
About Cookies
When you visit the movieclip.biz Website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.
Cookies enable the Website to recognize the information you have consented to give us and help us determine what portions of the Website are most appropriate for your professional needs. As a result, cookies shall allow you to access your clip bins and order archive and edit your Registration Data. Your Internet browser software probably enables you to refuse any cookies placed on your hard drive. If you choose to refuse cookies placed by our Website, you will have to log into the Website with your user name and password.
We do NOT use cookies to examine your surfing behavior before or after leaving a movieclip.biz Website.
If at any time you believe that movieclip.biz has not followed the above policy, or if you would like your information to be removed from our system, please e-mail us at support@movieclip.biz.
From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We may do so using either the email or the mailing addresses you provided on the registration or billing information screens. Should you not wish to receive this type of information, you shall be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your Registration Data at anytime thereafter-we shall not send you information if you inform us that you do not wish to receive such materials.
If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the registration section of the Website.
About Cookies
When you visit the movieclip.biz Website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.
Cookies enable the Website to recognize the information you have consented to give us and help us determine what portions of the Website are most appropriate for your professional needs. As a result, cookies shall allow you to access your clip bins and order archive and edit your Registration Data. Your Internet browser software probably enables you to refuse any cookies placed on your hard drive. If you choose to refuse cookies placed by our Website, you will have to log into the Website with your user name and password.
We do NOT use cookies to examine your surfing behavior before or after leaving a movieclip.biz Website.
If at any time you believe that movieclip.biz has not followed the above policy, or if you would like your information to be removed from our system, please e-mail us at support@movieclip.biz.
Ownership
The Website is owned and operated by movieclip.biz. All aspects of the Website, including, but not limited to the design and "look and feel" thereof and all of the content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof (together with the Marks (as defined below) are referred to herein as "Content") are owned by movieclip.biz and/or its licensors and/or Content providers. "movieclip.biz”, their respective logos and all other marks owned by movieclip.biz (the "Marks") are trademarks of movieclip.biz and may not be used without the prior written permission of movieclip.biz.
All elements of the movieclip.biz Website, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with movieclip.biz, no portion or element of any of the movieclip.biz Website or such Website' Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Website, their Content and all related rights shall remain the exclusive property of movieclip.biz and/or its licensors and/or Content providers unless otherwise expressly agreed.
The Website is owned and operated by movieclip.biz. All aspects of the Website, including, but not limited to the design and "look and feel" thereof and all of the content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof (together with the Marks (as defined below) are referred to herein as "Content") are owned by movieclip.biz and/or its licensors and/or Content providers. "movieclip.biz”, their respective logos and all other marks owned by movieclip.biz (the "Marks") are trademarks of movieclip.biz and may not be used without the prior written permission of movieclip.biz.
All elements of the movieclip.biz Website, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with movieclip.biz, no portion or element of any of the movieclip.biz Website or such Website' Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Website, their Content and all related rights shall remain the exclusive property of movieclip.biz and/or its licensors and/or Content providers unless otherwise expressly agreed.
Indemnity
You shall defend, indemnify and hold harmless movieclip.biz, its subsidiaries, affiliates, licensors, Content providers and their respective officers, directors, employees, agents, successors and assigns, from any and all loss, damage, liability, cost and expense, including without limitation attorneys' fees and costs, 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 Website, the Content and/or related rights.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you represent and warrant to movieclip.biz that you shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
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You shall defend, indemnify and hold harmless movieclip.biz, its subsidiaries, affiliates, licensors, Content providers and their respective officers, directors, employees, agents, successors and assigns, from any and all loss, damage, liability, cost and expense, including without limitation attorneys' fees and costs, 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 Website, the Content and/or related rights.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you represent and warrant to movieclip.biz that you shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
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Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOVIECLIP.BIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MOVIECLIP.BIZ MAKES NO WARRANTY THAT (i) THE WEBSITE SHALL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE SHALL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOVIECLIP.BIZ OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
d. AS A CONVENIENCE, THE WEBSITE LINK TO OTHER SITES THAT MAY BE OF INTEREST TO YOU, BUT ARE NOT UNDER OUR CONTROL. THESE LINKS DO NOT IMPLY AN ENDORSEMENT BY MOVIECLIP.BIZ AND WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF OR THE CONTENT CONTAINED IN ANY LINKED SITE, OR ANY COOKIES THAT MAY BE PLACED BY THE OPERATORS OF SUCH SITES (INCLUDING WITHOUT LIMITATION BY MEANS OF THE LINK FROM THE WEBSITE).
YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK AND THAT NEITHERMOVIECLIP.BIZ NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE OR THE CONTENT THEREON. (If this disclaimer is held unenforceable or inapplicable, you agree that movieclip.biz's liability shall not exceed $100.)
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOVIECLIP.BIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MOVIECLIP.BIZ MAKES NO WARRANTY THAT (i) THE WEBSITE SHALL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE SHALL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOVIECLIP.BIZ OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
d. AS A CONVENIENCE, THE WEBSITE LINK TO OTHER SITES THAT MAY BE OF INTEREST TO YOU, BUT ARE NOT UNDER OUR CONTROL. THESE LINKS DO NOT IMPLY AN ENDORSEMENT BY MOVIECLIP.BIZ AND WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF OR THE CONTENT CONTAINED IN ANY LINKED SITE, OR ANY COOKIES THAT MAY BE PLACED BY THE OPERATORS OF SUCH SITES (INCLUDING WITHOUT LIMITATION BY MEANS OF THE LINK FROM THE WEBSITE).
YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK AND THAT NEITHERMOVIECLIP.BIZ NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE OR THE CONTENT THEREON. (If this disclaimer is held unenforceable or inapplicable, you agree that movieclip.biz's liability shall not exceed $100.)
Miscellaneous
Any submission of materials by you will be considered a contribution to movieclip.biz for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to movieclip.biz, or postings on this Site, are non-confidential (subject to movieclip.biz's Privacy Policy) and shall become the sole property of movieclip.biz. movieclip.biz shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to movieclip.biz, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
The failure of movieclip.biz to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and movieclip.biz with respect to the movieclip.biz Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and movieclip.biz with respect to the movieclip.biz Website. © 2007 movieclip.biz, All rights reserved.
Any submission of materials by you will be considered a contribution to movieclip.biz for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to movieclip.biz, or postings on this Site, are non-confidential (subject to movieclip.biz's Privacy Policy) and shall become the sole property of movieclip.biz. movieclip.biz shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to movieclip.biz, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
The failure of movieclip.biz to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and movieclip.biz with respect to the movieclip.biz Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and movieclip.biz with respect to the movieclip.biz Website. © 2007 movieclip.biz, All rights reserved.
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and MoviePlayer are trademarks of Apple Computer, Inc.
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Inc., registered in the U.S. and other countries.
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or other countries.
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or other countries.