KNOW YOUR RIGHTS
YOU = Licensee
US – Drone Discoveries llc., Licensor, Originating Author
By downloading ANY videos, photos and content from Drone Discoveries llc., you accept the terms of this agreement. This is a license agreement between you and Drone Discoveries llc. Images that explains how you can use video clips.
Any and all Licenses and Rights granted by Drone Discoveries llc. are conditioned upon Licensee’s compliance with all material provisions of this Agreement, including without limitation Licensor’s receipt of full payment of the applicable Invoice. Licensor reserves all rights not specifically granted in this Agreement,
What types of licenses does Drone Discoveries llc. offer – RIGHTS MANAGED
Rights Managed License Terms: Subject to the terms and conditions of this Agreement.
Licensor grants Licensee a limited, single use, non-exclusive, perpetual and worldwide right to incorporate the Rights Managed Content licensed hereunder in the Production solely as specified in the Invoice.
Licensee may distribute, publish, display or otherwise exploit the Production containing the Content in the manner as specified on the applicable Invoice in all media now known or hereafter devised in perpetuity throughout the world.
Restrictions on Use: Content may not be used as a trademark or logo, Non-fungible token, NFT, for use as pornography, unlawful purpose or use, in a manner that defames any person, or violates any person’s right of privacy, publicity or moral rights, or infringes upon any copyright, trade name or trademark. Or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes. Credit Line: Licensee shall give a screen credit to Licensor for any Content used in the Production substantially in the form “video/photography/Images supplied by “Drone Discoveries”. Such screen credit shall be equal in size and placement to credit(s) accorded to licensors of any other audiovisual material used in the Production.
Releases and Clearances: No model, property or other releases exist with respect to any Content unless the existence of such release is specified in writing by Licensor. Property and people depicted
in the Content may be subject to third party copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to another party. Licensee is responsible for determining whether Licensee’s use of any Content requires the consent of any third party or the license of any third party rights. Property Release does not include any permission for any intellectual property depicted in the Content.
No Stand alone Use. You may not use content in any way that allows others to download, extract or redistribute content as a standalone file.
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 artwork based solely on licensed content and claim that you are the author.
No Commercial Use of Editorial Content. Unless explicitly authorized in a Drone Discoveries llc. invoice, sales order confirmation and license agreement, you may not use content marked “editorial” or “intended for editorial” for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses, or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics.
Licensee is responsible for obtaining any necessary approvals from third parties such as individuals featured or event organizers before using “editorial” content for a commercial purpose.
“DEMO” License Terms: Subject to the terms and conditions of this Agreement, Licensor grants Licensee the right to use the DEMO content prior to purchase solely for Licensee’s evaluation to determine whether Licensee intends to obtain a proper license for the Content. No other use is allowed. Such temporary Content licenses shall automatically expire sixty (60) days from the date of download. Licensee may not store, copy, distribute, publish, display or otherwise use in any way the Content upon the expiration of the temporary DEMO license unless Licensee has purchased the Content for use from Licensor as allowed herein.
Ownership and Intellectual Property: All rights to the Content, including, without limitation, copyright, are reserved to Licensor, Drone Discoveries llc., and the copyright holder. No rights in any Content are granted except the Licenses specified in this Agreement. Any right, title or interest arising in any compilation or derivative work created using any Content shall not entitle Licensee to use any Content except as permitted herein. For the avoidance of doubt, the parties acknowledge and agree that Licensor, Drone Discoveries and Author shall be the sole owner of all right, title and interest in and to the Content, and Licensee shall be the sole owner of all right, title and interest in the Production.
Warranties and Disclaimers: Licensor warrants that it has all necessary rights and authority to enter into and perform this Agreement and grant the rights to Licensee. Content will be free from defects in material and workmanship (Licensee’s sole and exclusive remedy for a breach of this warranty being the replacement of the Content or a refund of the original license fee. While Licensor makes efforts to use accurate caption information, Licensor does not warrant that such information is accurate. Licensor provides Licensee with its online system on an “as is” basis without warranty of any kind, including warranty of continued access or availability or against interruption of service.
Licensor makes no other warranties, express or implied regarding the content including without limitation any implied warranties of merchantability or fitness for a particular purpose neither party shall be liable to the other party or any other person entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits, except to the extent of each party’s indemnity obligations hereunder, licensor maximum liability arising out of or in connection with licensees use of or inability to use the video or image shall, to the extent permitted by law, be limited to the value of the license paid by the licensee for the use of the content.
The representations and warranties made by Drone Discoveries in the agreement apply only to the content as delivered by Drone Discoveries and will be invalid if the content is used by licensee in any manner no to specifically authorized in this agreement or if licensee is otherwise in breach of this agreement, following notice and reasonable opportunity to cure.
Licensor shall not be liable for any damages cost or losses solely to the extent resulting from modification made to the content by licensee or the context in which content is used by licensee.
Confidentiality: During this Agreement, one party (“Disclosing Party”) may provide the other Receiving Party with certain pricing, technical, marketing and other confidential information. The Receiving Party agrees to maintain the confidentiality of any Confidential Information and shall not use or disclose the same without the prior written consent of Disclosing Party. “Confidential information” includes any information that is either designated as confidential by Disclosing Party or that, under the circumstances surrounding the disclosure, ought in good faith to be treated as confidential.
If one or more of the provisions contained in the Agreement is found to be invalid,
illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.
No action of Licensor, buyer and or downloader of any video, photography and imagery, other than express written waiver by Drone Discoveries llc., and originating video/photography author and or licensee, may be construed as a waiver of any provision of this Agreement.
Cancellation and Payment Terms: No license is granted until full payment of Licensor’s Invoice is received. Unless credit arrangements are made, all payments will be required in full prior to downloading. All licenses are final; no refunds or credits will be allowed unless Licensee cancels any License within seven (7) days from the date of the Invoice, Licensee will be charged a one hundred fifty (US$150) dollar transaction fee per item of Content. If the cancellation notice is received more than seven (7) days, but less than thirty (30) days after the Invoice date, a cancellation fee equal to fifty percent (50%) of the amount of the Invoice will be charged. After thirty (30) days, no cancellations will be accepted and Licensee is responsible for and must pay the full amount of the Invoice. For any cancellations, Licensee must also pay any and all applicable service charges, production fees, processing and handling fees and shipping fees related to the cancelled Invoice. All licenses applicable to the cancellation shall immediately terminate upon cancellation. All cancellations are final.
Licensee agrees to defend, indemnify and hold Licensor and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys’ fees and costs), arising out of or as a result of claims by third parties relating to Licensee’s use of any Content outside the scope of this Agreement or any other breach by Licensee of this Agreement.
This Agreement contains all the terms of the License Agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of thi Agreement shall govern.