Last updated: May 20, 2021
This Agreement describes the usage and legal requirements when purchasing and using Stock Footage from our Website, https://echostock.co.nz Please get in touch if you require anything outside the bounds of the Agreement.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
Definitions
For the purposes of this Agreement:
Agreement refers to this document.
Footage or Stock Footage refers to any content that you can purchase and download from the Website
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Motion Union Limited, trading as Echo Valley, 136 Golf Road, Auckland.
Website refers to Echo Valley Aerial Cinematography, accessible from https://echostock.co.nz
License refers to the authorisation for the use, performance, or release of Stock Footage, in the chosen category.
Licensee refers to you, the end-user of the Stock Footage.
Producers refers to the film producers who contributed to the Stock Footage.
Category or Categories refers to the purchase options for licenses. These are specified as “Internal”, “Online”, and “Film & TV”.
Internal is defined as use that is not accessible by the public. Use such as presentations, training or internal communications. Please get in touch if you are unsure.
Online is defined as use where the public can access via a computer or event. Some specified uses in this category include Youtube, social media, online ads, website, phone app, events. Please get in touch if you are unsure.
Film & TV is defined as anything that is broadcast on television whether it is a commercial or for a programme, anything used for a film, video on demand (VOD), or out of home (OOH). Please get in touch if you are unsure.
Exclusive Use is used to define a period where the Licensee may use the Stock Footage without another user/customer having access to download the licensed Stock Footage.
Footage Buyout is referred to when a Licensee requests Stock Footage is removed from the Website permanently.
By purchasing and downloading any Stock Footage from our Website, you agree to be bound by the terms of this Agreement. If you do not accept the terms, do not download the Stock Footage.
You recognise that each Stock Footage is the property of the Company and its film producers who contributed the Stock Footage. If you are entering this Agreement on behalf of a company, or other entity, the entity is bound to the License granted and the constraints and restrictions detailed in the Agreement. The organisation is included in the term Licensee regardless of your future employment or relationship with the organisation.
Price and license Categories must be confirmed accurately on the Company’s price and license Website. The License is not transferrable to higher-priced categories but may be transferred to lower-priced categories. Any use of the Stock Footage in unlicensed pricing categories will result in termination of the License and may be actionable as an act of infringement of copyright owned by the Producers or Company or any other applicable cause of action.
In the event that Company completes an agreement with Licensee for Exclusive Use, there may be existing users/customers that have purchased the Stock Footage previously and their License remains active and current. All portions of this Agreement shall remain in full force and effect if the Stock Footage are purchased for Exclusive Use.
In the event that Company completes an agreement with Licensee for Exclusive Use permanently, this is defined as “Footage Buyout”. All portions of this Agreement shall remain in full force and effect if the Stock Footage are purchased for Footage Buyout.
You shall not use the Stock Footage in any way that might be considered defamatory. You also shall not use the Stock Footage in any manner that creates a false inference or places the Stock Footage in a context that is likely to result in bringing Company or any content supplier of Company into public disrespect or detract from the public perception of Company or any of its recognised content suppliers.
Company hereby grants to Licensee a non-exclusive, non-transferable license to use the Stock Footage of those Producers represented by Company subject to the terms and conditions set forth below.
Company may also terminate this License Agreement upon Licensee’s breach of any of the terms of this Agreement by giving notice in writing of such breach, by email. This Agreement shall terminate automatically if no response is received within fourteen (14) days.
Any use of the Stock Footage after termination of the License is forbidden and may be actionable as an act of infringement of copyright owned by the Producers or Company or for any other applicable cause of action.
The Stock Footage and accompanying materials (if applicable) are presented “as is” without representation, warranty or condition of any kind, either expressed or inferred, including, but not limited to the implied descriptions, or fitness for a particular purpose. The entire risk as to the quality and performance of the Stock Footage is with Licensee. Should the Stock Footage prove defective, you, and not the Company, assume the entire cost of all necessary corrections.
In no event shall Company or any of its employees, shareholders or partners be liable for any incidental, indirect or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this Agreement, including without limitation your use of, reliance upon, access to, or exploitation of the Stock Footage, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the likelihood of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
This License is personal to the Licensee and strictly subject to the exercise of the rights set out herein. The rights and obligations set forth in this Agreement may not be assigned or otherwise transferred without Company’s prior written consent. Company may assign this Agreement without Licensee’s consent.
This Agreement may not be modified, altered or amended, except by written instrument duly executed by both parties.
No failure or delay by either party in exercising any right hereunder will operate as a waiver thereof.
Any attempt by Licensee to assign this Agreement other than as permitted above will be null and void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
If any provision of this Agreement is found to be invalid or unenforceable by an arbitrator or a court of competent authority, the remaining portions shall remain in full force and effect.
You recognise that you have read this agreement, understand it, and consent to be bound by its terms and conditions. You additionally agree that it is the complete and exclusive statement of the agreement between you and Echo Valley.
