Purchase Agreement

Last update: May 2016
This is a license agreement between you and MyStockFootage that explains how you can use video clips that you license from MyStockFootage. By downloading content from MyStockFootage, you accept the terms of this agreement.

Every file downloaded from MyStockFootage comes with a standard license. You are welcome to use watermarked content from the MyStockFootage site on a complimentary basis for test or sample (comp) use only. Watermarked content cannot be used in any final materials or any publicly available materials.

You may use content in any way that is not restricted (see Restricted Uses below).
Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by MyStockFootage are:

Perpetual, meaning there is no expiration or end date on your rights to use the content. The only exception to perpetual rights is for content downloaded on a subscription and not used within 30 days after the end of your subscription. Please see Section 8 for more information.
Non-exclusive, meaning that you do not have exclusive rights to use the content. MyStockFootage can license the same content to other customers.
Unlimited, meaning you can use the content in an unlimited number of projects and in any media.

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications;

Please make sure you read the Restricted Uses section below for exceptions.

Restricted Uses.
No Unlawful Use.
You may not use content in a pornographic, defamatory or other unlawful manner.

No Standalone File Use.
You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

No False Representation of Authorship.
You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a video based solely licensed content and claim that you are the author.

Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else.

Intellectual property rights.
All of the licensed content is owned by either MyStockFootage or the artists who supply the content. All rights not expressly granted in this agreement are reserved by MyStockFootage.

Termination/Cancellation/Withdrawal.
Termination.
this agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. MyStockFootage may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to MyStockFootage in writing that you have complied with these requirements.

Refunds/Cancellation.
MyStockFootage does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of MyStockFootage.

Content Withdrawal.
MyStockFootage may discontinue licensing any item of content at any time in its sole discretion. Upon notice from MyStockFootage, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which MyStockFootage may be liable, MyStockFootage may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. MyStockFootage will provide you with replacement content (determined by MyStockFootage in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

Representations and Warranties.
MyStockFootage makes the following representations and warranties:
Warranty of Non-Infringement.
Your use of the content in accordance with this agreement and in the form delivered by MyStockFootage will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model  releases.

Caption/Metadata Disclaimer.
While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, MyStockFootage does not warrant the accuracy of such information, or of any metadata provided with the content.

Indemnification/Limitation of Liability.
Indemnification of MyStockFootage by you. You agree to defend, indemnify and hold harmless MyStockFootage and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

Limitation of Liability.
MYSTOCKFOOTAGE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF MYSTOCKFOOTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.

General Provisions.
Assignment.
This agreement is personal to you and is not assignable by you without MyStockFootage's prior written consent. MyStockFootage may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

Electronic storage.
You agree to retain the copyright symbol, the name of MyStockFootage, the content's identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make copies of the content for back-up purposes.

Governing Law/Arbitration.
This agreement will be governed by the laws of the Italian State, home jurisdiction in any dispute is the Tribunale di Macerata. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in Italian. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. MyStockFootage shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of MyStockFootage, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.

Severability.
If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

Waiver.
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

Notice.
All notices required to be sent to MyStockFootage under this agreement should be sent via email to support@mystockfootage.com. All notices to you will be sent via email to the email set out in your account.

Taxes.
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.