WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS, CONDITIONS OF USE ANS COOPERATION AGREEMENT CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
- All elements of the Site are protected by copyright from onlinefootage.tv
- You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
- In accordance with the Digital Millennium Copyright Act and other applicable laws, onlinefootage.tv has adopted a policy of terminating, in appropriate circumstances and at onlinefootage.tv’s sole discretion, account holders who infringe the intellectual property rights of onlinefootage.tv or any third party.
- Provide accurate, current and complete information about you as may be prompted by any registration forms on the Site
- Accept all responsibility for any and all activities that occur under your account; and accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
- Notwithstanding any of these Site Terms, onlinefootage.tv reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
- Onlinefootage.tv reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms.
- The shots on the site are properties of the onlinefootage.tv.
- As a result of downloading from the site, the user buys only the broadcasting right, but not the copyright and the proprietary right!
- The onlinefootage.tv is not responsible for the accuracy of the datas of the contents!
COOPERATION AGREEMENT
1. THE CONTRACTORS
The present contract is concluded between, on the one part
1.1. The Online Content Limited Liability Company
the service provider (hereinafter called: „User”)
and on the other part
1.2. The Uploader
the rights owner (hereinafter called: „Rightholder”)
(in cases in which the user and the rightholder are referred to together, they are hereinafter called: Contractors) on the undersigned place and day with the conditions defined hereunder.
2. SUBJECT OF THE CONTRACT; DECLARATIONS OF THE CONTRACTING PARTIES
2.1 User operates a web site that is a collection of various audio-visual contents (video, photo, text and sound files) on the www.onlinefootage.tv IP address that provides a Web Shop with the purpose of generating sales (hereinafter: "Web Site"). Based on the agreement of the Contracting Parties, Rightsholder undertakes to put audio-visual content at User's disposal in broadcast quality, under terms and conditions defined in present Contract, by uploading the given content onto the web site operated by User with the explicit aim, that User resells them according to the present Contract. User pays a usage fee to the eligible parties which fee is a predetermined proportion of the income on the basis of sharing revenues generated by the end-user fees.
3.USAGE RIGHTS
3.1. Rightsholder undertakes to give permission to User to upload and store audio-visual content on the Web Site and agrees to their on-line publication in order to guarantee the end-users the right of usage as part of the service.
3.2. Rightsholder guarantees that on those audio-visual contents that he is the sole proprietor of own copyrights (hereinafter: "Own Works") that he is the executive rightsholder; concerning other possible rightholder’s works he also guarantees that he assumes the sufficient transfer/cede and property rights that at least to the extent that he has marked as required at the upload on the Web Site.
4. COOPERATION IN THE PROCESS, CONTENT REQUIREMENTS
4.1 Rightsholder agrees to upload the selected audio-visual content in broadcast quality on the Web Site (for video: 8000 kb/ sec) and provides metadatas for that; in English language with the undermentioned datas: title, location, date, short description, keywords, translation of non- English language interviews to English language, names and titles of speakers. Rightholder agrees that User store all the uploaded videos perpetually and User is at liberty to delete any videos without justification.
4.2 During uploading on the Web Site User provides the required entry requirements (password, entry code, etc.) and constantly ensures that during the upload Rightsholder will:be authorized to set alone the type of the permitted usage of reuse in concern of the extent and force of the users rights during the Service.
4.3 User ensures Rightsholder to create an own profile in the Web Site. Rightsholder acknowledges that datas presented there are public.
4.4 User undertakes to convert the video of broadcast quality uploaded by Rightsholder into the formats listed hereunder and to store on his own server:
- web: 480 x 360, 800 kb/sec
- TIFF file unfolded on second basis 720 x 576
- sound file 192 kbit/sec, 48 kHz stereo.
4.5 After each download and usage the content uploaded by Rightsholder, User automatically notifies Rightsholder in an email report that contains also the current balance of Rightsholder.
4.6 User is obliged to mark his company name in a public visibly form for each contents that has became available during te Service. User also marks contents with "watermark" that’s creative elements are provided by Rightsholder to User. User acknowledges that on the webshop the onlinefootage.tv watermark is visible on each piece of content.
4.7. User is responsible for all end users - even before taking advantage of the Service - and has accepted the terms and conditions of the Service declared by himself.
4.8. If User acts in accordance with the Contract at the time of providing the Service, he is not responsible if the end user uses the downloaded content in a different manner in space and time or in a different medium than agreed upon at the time of purchase. User is obliged to promptly inform the Rightsholder in case of illegal use of the content at the time he becomes aware of it.
4.9. User is obliged to act with increased diligence and to take all necessary measures in order to ensure the safe operation of Web Site and to protect the content not to be accessible nor downloadable without authorization. In order to protect the content User provides a security system that’s quality reaches at least the level of the up-to-date industrial standard minimal criteria.
4.10. During the validity period of the present Contract, User is authorized to moderate, to correct or delete parts of the contents. For good reason – e. g. in the event of an obvious misspelling – User also may correct the presented textual contents. In this case however User is obliged to promptly notify Rightsholder via e-mail notificiation.
4.11. The User is entitled to make use agent or other mediator or other similar website for sales purpose and to give them the Rightsholder’s content. The User is obliged to proceed according to this contract also in this case.
4.12. The User has the right to make preview videos and editorial videos from the uploaded contents. The payment becomes due for the Rightsholder when onlinefootage.tv sells the uploaded content to third party.
5. THE SERVICE PROVIDER'S REMUNERATION, PAYMENT CONDITIONS
5.1. Contracting Parties declare Rightsholder is eligible to 50 % of the net income according to the Service.
[ In the event of the upper mentioned cases User is eligible to change the prices. User notifies Rightsholder via email of such a case.]
In the event that Rightsholder’s commission has reached EUR 100, accounts and payments shall be made and invoices shall be issued monthly. If this amount is not reached then accounts and payments/invoices shall be made after it has once reached the minimal commission. Commission after a certain download shall be available after it’s royalty arrives on user’s account.
5.2. User may delay payment if the accuracy of the invoice is contested. To settle a dispute concerning such an event Contracting Parties have 5 (five) working days. In such a case, the payment deadline shall be counted from the date upon which the parties solved their dispute and the defaults are remedied.
5.3. Advance payment is excluded regarding to the present Contract.
6. TERMS OF CONTRACT
6.1. This contract shall enter into force on the date of signing, and valid for an indefinite period of time.
7. TERMINATION OF THE CONTRACT, BREACH OF CONTRACT AND CONSEQUENCES
7.1 Either of the Contracting Parties is entitled to unilaterally withdraw the present Contract at any time providing a 15-day notice period in a from of a written statement sent to the other Party.
7.2. In case of a serious breach of contract the innocent party is entitled to terminate this contract with immediate effect in written form addressed to the other party.
7.3. On basis of agreement of Contracting Parties, after termination of the present Contract, but no later than 10 (ten) days, User is obliged to delete his contents from the Web Site. Those rights and obligations on basis of the present Contract, that should continue to exist by their nature, particularly with regard to the secrecy provisions shall remain in force even after termination of the present contract.
8. FINAL PROVISIONS
8. 2. Questions not regulated in the present Contract are governed by the provisions of the Act IV, 1959, of the law of the Hungarian Civil Code and the Hungarian civil rights regulations in force shall prevail. The Contracting Parties agree that disputed matters arising from the present Contract will be solved by negotiation, out of court. If the Contracting Parties’ negotiation fails, Contractor Parties stipulate the exclusive jurisdiction of the Buda Central District Court for all matters that local court is entitled with competence.
The uploader has read through and accepted the uploading, commission and realizing terms.
RIGHTS
Royalty Free (RF)
Footage marked as «RF» (Royalty Free) can be used in programmes, films, and presentations that can be resold completely, but selling material downloaded from this website (onlinefootage.tv) is prohibited. Once you have purchased the material, you can use it for any purpose. However, reselling the footage is prohibited.
Rights Managed (RM) - for videos in broadcast quality
Content marked as «RM» (Rights Managed) may be used for a limited time and a limited number of times only, within certain limited territories. The material can be broadcast for restricted purposes – once you marked during your purchase.
You may purchase:
- material for 5/10 years for unlimited use
- national for a certain country
- exclusive for a certain country for 3 days
- worldwide rights
Rights Managed (RM) - for videos in web quality
Content marked as «RM» (Rights Managed) in web quality may be used for a limited time, unlimited territories.
TYPE OF CONTENTS
Editorial I. (only full video available):
broadcast, edited content only, without changing of use. It can be published on TV, Internet or any other format in ful length. Editing of the content is strictly prohibited!
You may purchase:
- national rights for 5/10 years for your country
- exclusive rights for 15 days for your country
- worldwide rights
Editorial II. (full and footage available):
You may purchase broadcast, edited content which can be used in full length, without editing. In this case RM-Editorial rules apply. You may also choose certain parts, in which case the RM-Footage rules apply.
You may purchase:
- national rights for 5/10 years for your country
- exclusive rights for 3 days for your country
- worldwide rights
Footage: Footage content - can be edited individually!
CONTENTS FROM THE VIDEO
Still images: Still photos (images) from the videos
Sound: Sound (voice over) from video reports and interviews
Text: Text from editorial videos
TERRITORY
National: allowed to use in one country only
National exclusive: can be used from the day of purchase for 3 days in a certain county. Other media may not purchase the same content during that period of time!
International: allowed to use worldwide
VERSIONS OF THE DISTRTIBUTION
All Media: TV, web, Mobile, Radio, DVD, Education, Corporate, excluding movies
Movie: movie and televison, feature film + all media
Television, feature film: televison + web (web = the television company may only use the content on its own website )
Web: for use on website only
Mobile, video games: for use on mobile phones and video games only
DVD – home video: for use on DVD or home video only
Education: for educational purposes only
Corporate: for the use within companies as presentations
Advertisement: for short advertisement spots only
TERM
5 years: the content can be used in a given country for 5 years. The content may not be stored and has to be removed from the database of the purchaser after the time period
10 years: the content may be used for up to 10 years. The content may not be stored and has to be removed from the database of the purchaser after the time period
Perpetuity: The content may be used for an ulimited amount of time
OTHER
Preview quality: It contains visible and unvisible watermarks, ID datas and can be used as a preview only. Data may not be published, duplicated and stored!
Download fee: There is a single fee for each download. No fee will be charged for contract partners.
Attantion!
Content downloaded or purchased from onlinefootage.tv may not be sold for other purposes!
Content purchased from onlinefootage.tv and stored in a new edited programm (video, radio, print media) may be sold for other purposes!
Every downloaded or purchased content contains a watermark, including the copyright owner’s data.
The downloading and/or use of any text, photos, videos, or links, from onlinefootage.tv is only permissible by purchasing the relevant material.
Embedding links to any onlinefootage.tv URL without purchase is prohibited.
All page content - graphics, video, text, photos, links - are protected by copyright.
