Terms and Conditions
This Agreement contains seventeen sections. The headings and subheadings below are for reference only and do not limit the scope of each section.
- I. General Conditions & Eligibility
- II. Use of Site Content and Rights
- III. User Submission of Content
- IV. Project Description: Public vs Private
- V. Third-Party Advertisements, Products, and Representations
- VI. User Conduct for ProjectFootage.com
- VII.Copyright and Applicable Statutes
- VIII.Other Applicable Statutes
- IX. Removal of Content
- X. Membership and Service
- XI. Disclaimer
- XII. Limitation of Liability
- XIII. Limitation of Action
- XIV. Indemnity
- XV. Governing Law
- XVI. Arbitration
- XVII. Miscellaneous
You must fully understand and agree to all Terms and Conditions of Service in order to use or join ProjectFootage.com (the "Site"). If you do not agree to the Terms and Conditions of Service, including the Privacy Notice do not use or join the Site.
- All users must be 18 years of age or older, unless if they are between the ages of 13-18 and have parental consent to use the Site.
- By agreeing to the Terms and Conditions of Service, you represent and warrant that you are either 18 or older, or you have the consent of your parent(s)/or guardian(s) to use the Site. You further agree to provide accurate registration information, to keep the information current, and to register for one account.
- These Terms and Conditions of Service may be modified by Project Footage at any time. Please review them regularly as it is your responsibility to be aware of all conditions of use, even as Project Footage may attempt to provide users notice when major changes are made to these Terms and Conditions of Service.
- This agreement shall not confer any rights to third parties in any manner. Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such third-party dealings, are solely between you and such third parties. Project Footage will not be and is not responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users and third parties as the result of the presence of such third parties posting content on the Site advertising on the Site, or otherwise using the Site.
- While using or accessing the Project Footage Site, you may be exposed to a variety of assorted media content from a range of sources. ProjectFootage.com is a user-community - driven Web site and Project Footage, Inc. is not liable for third-party content and takes no responsibility for the reliability, accuracy, offensiveness, indecency, safety, or opinions associated with such content. By your use of the Site, you agree to indemnify and hold harmless Project Footage, its owners, operators, and related parties, as regards all content-related matters pertaining to and/or regarding the Site.
- By your use of the Site, you acknowledge that you understand the Terms and Conditions of Service for using the Site and that Project Footage reserves all rights to determine terms and conditions of use, including the right to charge for any services or change its fees for services at any time, upon notification.
- Notices to Project Footage. Except as otherwise stated below in Membership and Services (¶10.8: Close an account) notice to Project Footage must be sent by postal mail to: Project Footage, Inc., Attention: Legal Department, 826 Casserly Road, Watsonville, CA 95076.
- Account Statement. You have the right to receive an Account statement. You may view your Account statement by logging into your Account and clicking on the “Statements” tab.
Use of Site content shall include, but not necessarily be limited to, any interactivity by a party with the Site that is authorized by these Terms and Conditions of Serviceor any other express written statement issued by Project Footage. Such use includes browsing the site, interacting with content, uploading content, downloading content or modifying content as described in Section 8 of the Project FootageTerms and Conditions.
- When creating a projecton Project Footage, by doing so you acknowledge Project Footage limited liability under these Terms and Conditions of Service and agree to hold Project Footage harmless for and against any loss, liability, claim, demand, damages, cost, or expenses, including attorney's fees, as a result of creating said project.
- A respective project creator shall indemnify and hold harmless Project Footage, Inc., in accordance with Sections 12&13 , below, for any costs or fees incurred by Project Footage, including attorney’s fees, as a result of any loss, liability, claim, demand, damages, or expenses, arising from said content.
- All content on the Site not submitted by users, including but not limited to videos, text, pictures, and/or other media, graphics, logos, trademarks, software, music, advertisements, and/or files are owned by or licensed to Project Footage and therefore Project Footage reserves all rights regarding their use ("Project Footage Content"). No Project Footage Content may be downloaded, copied, reproduced, modified, distributed, displayed, posted, broadcast, transmitted, sold, or licensed, in whole or part, in any way whatsoever, without prior express written permissionfrom Project Footage.
- All of the same reserved rights in ¶2, above, shall apply to user videos, photos, audio files, documents, and comments on the Site;unless authorized by express permission by content owner. Project Footage reserves all rights not expressly reserved by users or granted regarding Site content.
- Users retain all ownership rights in their respective user-submitted content, limited only as discussed in Part 3, below.
- You may only subscribe, download, use or hyperlink to Site content in a manner for which Site functions are designed and allow for, without unauthorized modifications or tampering. Copying or distribution of third-party content obtained through the Site is also prohibited without authorization. Circumventing, disabling, or interfering with security-related or other Site features restricting use or copying of content, or enforcing other limitations, is prohibited and will lead to membership termination.
- Once you register with Project Footage and establish an account you may upload text, pictures, and/or other media on your Profile Page as well as participate in Projects upon invitation and permission from Project Owner/Administrator.(Project Creator refer to Section 10) You are solely responsible for the any and all content you upload, publish, share, display on the site, or to which you provide a hyperlink or Web address of any type. Therefore, you shall take full responsibility for any and all consequences of publishing, posting, or sharing content on the Site and Project Footage assumes no responsibility or liability for the content, no obligation to remove inappropriate content, and no responsibility or liability for the content supplied by members, except as required by Digital Millennium Copyright Act (DMCA).
- By uploading content to the Site, you are affirming and warranting that you own the copyright to that content and/or you have all necessary rights, permission, consent, and/or licenses to use and authorize the use of and publication of such content by Project Footage.
- By uploading content to the Site you may also hereby inviteParticipants to theSite and grant theman exclusive license to use, share, view, perform, and create derivative works therefrom to the extent permitted through the access and functionality of the Site and under the Terms and Conditions of Service and applicable laws. The above licenses granted by you are hereby irrevocable.
- By creating projects on the Site you may share your projects by choosing PUBLIC in Edit My Projects. The “Public” settings shall require no password to view by the general public. Public settings may also contain password protected settings for upload/download permissions. Projects set to “Public” setting are also under the terms stated in ¶3.1-3. Furthermore it is the responsibility of the Project/Owner Administrator to censor material to insure it is suitable to view by the general public.
- By creating projects on the Site you may share your projects by choosing PRIVATE in Edit My Projects. All “Private” projects require password assignment and express permission through distribution of a password to access the project. “Private” projects allow for specific uploading and downloading privileges via individually assigned passwords. Although Private projects are intended to both filter access and protect project content, the Site makes no guarantee and assumes no liability whatsoever as to the ultimate security of such project content. Individual documents may also be by password protected.
- Project Footage does not warrant, guarantee, endorse, or assume responsibility or liability for any third-party representations or products or services offered, sold, or advertised through the Site, available via hyperlinks to third-party sites, banners, or eBooks.
- Project Footage will not be responsible for monitoring such transactions as described herein.
As a condition of using the Site, you agree NOT to engage in or do the following:
- Use of another member's identity or log in information.
- Use of the Site in an unauthorized or unlawful manner, including, but not limited to, damaging, disabling, or impairing use of the Site by Site administrators or its members.
- Use the site for data collection, compiling e-mail lists, spamming, or for sending mass e-mails to members, sending chain letters/chain e-mails, promoting pyramid schemes, or soliciting members under 18 years old for any purpose whatsoever.
- Register more than one account or impersonate another member, or represent yourself as anyone other than yourself, including establishing a user account for another party.
- Solicit other members with advertisements and/or product and/or service offerings.
- Submit, create, and/or store harmful, illegal, or indecent content.
- Steal or collect other members' personal information.
- Upload any material that contains software viruses, computer codes, files, or programs designed to corrupt or destroy the functionality of the Site.
- Submit or participate in the submission of illegal content or acts in which may violate local, state, national, or international law.
- Harass or intimidate third parties.
- Sell or market products without the consent or compliance of the Project Footage site.
- Upload/download or participate in any project deemed as “Private” or any other password protected function without the express permission from the project administrator.
Project Footage values and respects copyrighted material and related content rights and will remove infringed material from the Site within a reasonable time from receiving notice, pursuant to requirements of the DMCA. If you have copyrighted content in which you own or control an interest and you believe your copyright has been infringed, you may submit notification containing the following information to Project Footage and the content will be removed in accordance with the statute (See 17 U.S.C. 512(c)(3) for details):
- Provide a physical or electronic signature of the copyright owner or authorized representative;
- Identify and provide a description of the copyrighted work claimed to have been infringed (if multiple copyrighted works, a representative list works);
- Provide identification and location of the alleged infringed material on the Site, so as to allow Project Footage the ability to locate such material;
- Provide your contact information, including your name, address, telephone number, and e-mail address;
- Provide a statement, by you, that you have good faith belief that use of the material in the manner concerned about is not authorized by the copyright owner, its agent, or the law; and
- Provide a statement that all information supplied by you is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- To provide notice, please go to the Site where concerned parties should choose the "Contact Us" hyperlink and submit the information, described above, via e-mail (Please use Subject: Report a copyright infringement).
- Project Footage will consider concerns from parties regarding violation of any applicable laws as a result of content posted Site content and, upon consideration, will remove content as it sees fit.
- Project Footage reserves the right to remove content from the Site pending the outcome of negotiations or legal proceedings involving that content, but shall not be responsible or liable for any content that is the subject of any negotiation or dispute of any type for which it has not been provided notice, as described and required herein under Governing Law (¶15), or for any delays or refusal by Project Footage regarding content removal.
Project Footagereserves the right to remove videos and/or content it deems inappropriate for the Site and requests that users help to police Site content by flagging and identifying inappropriate content. Project Footage will remove the following content types, as well as any other types it may choose, if the content is too graphic, by nature.
Project Footage reserves the right to determine independently whether content or member submissions are appropriate or inappropriate and to remove content deemed inappropriate without prior notice and at its sole discretion. Inappropriate content includes, but is not limited to:
- Content depicting, promoting, or inciting unlawful, obscene, illegal or indecent acts
- Content that is threatening toward a third party or that may be libelous, defamatory, or promoting of violence in general or toward an individual or group.
- Content of excessive length.
- Content depicting sex and nudity which is not set up as “Private” and password protected.
- Content depicting or regarding disgusting or gruesome subject matter
- Content depicting or regarding prejudice, racism, bigotry, or intolerance.
- Content promoting, endorsing, or resulting in unwanted e-mail content (i.e., "spam").
- Project Footage reserves the right to determine independently whether content or member submissions are appropriate or inappropriate and to remove content deemed inappropriate without prior notice and at its sole discretion. Inappropriate content includes, but is not limited to:
- Project Footage allows the free registered users the right to upgrade to a monthly paid membershiplevel at any time. These levels are described as:
- Project Footage reserves the right to terminate any user's membership at any time should that member violate any of these Terms and Conditions of Service, including, but not limited to, the terms outlined in User Conduct for ProjectFootage.com(¶6) herein.
- Project Footage reserves the right to modify or terminate the Project Footage service at any time, without notice.
- Any and all fees and/or deposits paid or provided for Site services are non-refundable.
- Project Footage reserves the right, in accordance with any and all applicable laws, to refuse service and access to the Site and Site content to anyone for any reason at any time.
- Project Footage reserves the right to limit project and/or storage bandwidth.
- You may close your account at any time by contacting Customer Service by email to firstname.lastname@example.org Upon closure of an account, any current projects will continue to be available through the end of the current paid month.
Project Footage cannot and does not guarantee or promise any outcome, effect, or results due to use of the Site. The use of the Site shall be at your sole risk. Project Footage cannot and does not assume responsibility for Site content, products promoted by third parties on the site, text, Site hyperlinks, advertisements, portals, transmitted or shared content among site users, or any other matter or condition related to the site and its user-generated and/or uploaded content. Content can be and may be offensive, inappropriate, or objectionable and does not necessarily reflect the opinions, policies, or a view of Project Footage, Inc. Project Footage assumes no responsibility for the accuracy or completeness of any content. Project Footage makes no warranties or representations regarding third-party sites or any sites or content accessible via hyperlinks from the Site.
To the fullest extent permitted by law, Project Footage, its officers, directors, employees, agents, contractors, and associates disclaim all warranties, express or implied, in connection with the Site and your use thereof, or that the Site or its servers, or any platform applications are free of viruses or any other harmful components. Under no circumstances does Project Footage take responsibility for technical malfunctions or damage caused thereof, defect, communication failure, unauthorized access to, alteration of, failure of e-mail or players, loss or damage of user content, damage through downloading material from the Site or in connection with the Site, damages or loss of your computer system/data or any other loss or damage from using or attempting to use the Site, including property damage, personal injury, or death resulting said use or attempted use of the Site, whether the subject events be between users online or offline. Project Footage further assumes no liability or responsibility for personal or financial information stored online, any computer viruses transmitted through the Site, or damages caused by the content circulated through the Site.
Project Footage does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any third party site accessible via hyperlink from the Site or featured in any banner or other advertising on the Site, and Project Footage will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
As a condition of using the Site, you agree that in no event shall Project Footage, its officers, directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, exemplary, special, or punitive damages, including lost profits damages, arising from your access to or use of the Project Footage Site or services, even if Project Footage has been advised of the possibility of such damages. This shall include any unauthorized access to, or use of, Project Footage secured servers and/or any personal or financial information stored therein, interruption or cessation of transmission to or from the Site, as well as any computer viruses, bugs, or Trojan horses which may be transmitted through the Site by a third party. This limitation of liability shall extend to all content exposed through the Site, including, but not limited to, third-party hyperlinks, software, and advertisements. You hereby acknowledge that Project Footage shall not be liable for user-placed content and any and all risk of harm or damage rests with you, the user.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site must be filed within one (1) year after such claim or cause of action arises, or otherwise such cause of action shall be barred in perpetuity.
You agree to defend, indemnify, and hold harmless Project Footage, its parent company, its officers, directors, employees, agents, partners, subsidiaries, and affiliates from and against any loss, liability, claim, demand, damages, cost or expenses, including attorney's fees, arising out of or in connection with the use or access to the Site, including, without limitation, any copyright, privacy right, or property right, third party personal or corporate right, conduct in connection with the Site, or any damage caused by you, including damage to a third party. Unless expressly stated in writing to the contrary, this indemnification obligation shall continue in perpetuity in the event of the removal, modification, or termination of the Site, Project Footage, Inc., or its subsidiaries, successors in interest, and/or assigns.
By visiting and availing yourself of the ProjectFootage.com Site/service, you agree that the laws of the State of Nevada, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions of Service and any dispute of any sort that might arise between you and Project Footage or any of its officers, directors, employees, agents, partners, subsidiaries, and/or affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of the State of Nevada, USA, and you hereby consent to such jurisdiction and to waive all defenses of lack of personal jurisdiction in the state and federal courts of the State of Nevada, USA.
YOU AND PROJECT FOOTAGE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Terms and Conditions then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Project Footage marketplace or related service may be arbitrated.
Arbitration under this agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). 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 OR CLAIM UNDER THESE TERMS AND CONDITIONS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the site and/or service (including your visit to or use of the site and/or the service) be instituted more than one (1) year after the cause of action arose.
If any provision of these terms and conditions of service shall be deemed unlawful, void, or for any reason unenforceable or invalid, then that provision shall be deemed severable from these terms and conditions of service and shall not affect the validity and/or enforceability of any remaining provisions, which shall continue in full force and effect.