search by keyword

search by category

DVARCHIVE  Royalty Free Commercial Use Agreement

THIS IS A LEGAL AGREEMENT ("Agreement") BETWEEN YOU AND DVARCHIVE.

DVARCHIVE ROYALTY FREE COMMERCIAL USE AGREEMENT

Please note: a separate legal agreement pertains to Images designated by DVARCHIVE as "editorial only". Nothing in this agreement shall be construed to pertain to Images designated by DVARCHIVE as "editorial only". An editorial only agreement needs to be signed for Images in this category.

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD OR ACCESS TO ANY DVARCHIVE IMAGE. BY DOWNLOADING OR RECEIVING ANY DVARCHIVE IMAGE FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. LICENSE

Definitions

"Comp Usage" is defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Image may not be used in any materials distributed or accessible to the public or in any final product or use, including, without limitation, any online or other electronic distribution system (except you may transmit comps digitally or electronically for their review) and may not be sold or sublicensed alone or as part of any product.

"Image(s)" shall mean animations, Imageart, composites, digital footage, digital video, film footage, fonts, graphics, illustrations, images, motion sequences, photographs or any other visual representation regardless of whether the Image(s) are obtained via download from any DVARCHIVE Web site, delivered via any storage media (CD, DVD, disk, etc.) that is now known or may become known in the future, or obtained from a DVARCHIVE authorized distributor, together with all accompanying metadata and other material.

"Storage Media" shall mean CD-ROM, digital video disc (DVD), floppy disk, or any other storage device or media now known, or hereafter created.

"User" shall mean the individual, legal entity or agent entering into this Agreement or any employee or contractor of such individual, legal entity or agent that edits, manipulates or modifies the Images or is otherwise directly involved in the creative process including, but not limited to, photo editors, photo researchers, photographers, art directors or designers. All Users shall only use the Images in accordance with the terms of this Agreement.

"You" shall mean a single: (i) individual, (ii) legal entity (corporation, partnership, LLC, sole proprietorship, etc.), or (iii) agent acting on behalf of a single individual or entity.

Copyright

The Image(s) are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws. The Image(s) shall remain the sole and exclusive property of DVARCHIVE, or its licensors. Use of the Images is licensed, not sold, pursuant to the terms of this Agreement. Use of the Images without agreeing to this Agreement, or a breach of these Agreement terms, is copyright infringement.

Your Warranty

You represent, warrant and covenant that: You are at least eighteen years of age and have the full right and authority to enter into this Agreement on behalf of you and/or your entity, company, employer or principal; You do not reside in any country to which export of US products are prohibited or restricted and you may not ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any laws, restrictions or regulations; You will not use the Image(s) in any way that is not permitted by this Agreement; Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity; The information that you provide to DVARCHIVE is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary; You are solely responsible for determining whether your use of any Image(s) requires the consent of any other party or the license of any additional rights. If you are unsure whether additional rights are needed for your use of the Images, you are responsible for consulting with competent legal counsel; and If you are acting as an agent, you must inform your client/principal of the terms of this Agreement, and your signing of this Agreement confirms that you have done so.

Comp Usage

DVARCHIVE grants you the non-exclusive, non-transferable, non-sublicensable right to use Images for comp use for a period not to exceed (60) days, for preview, inspection and editing purposes only.

Terms & Conditions

The License: Subject to the terms and conditions of this Agreement, DVARCHIVE grants to you a personal, perpetual, non-exclusive, non-transferable, nonsublicensable worldwide right to use the DVARCHIVE Images only as provided in this agreement. DVARCHIVE Images may not be used for branding or trademarking. By downloading or receiving by carrier any stock file images on this site labelled royalty free commercial use images, you are bound by the license terms herein which state what you may and may not do with a DVARCHIVE Image and contain limitations on warranties and remedies. Should you violate the terms of this Agreement, your license will be deemed automatically revoked.

Permitted Uses

Subject to the provisions of this Agreement, you may distribute programming containing royalty free commercial Images from DVARCHIVE, worldwide, in all markets, in perpetuity. You may publicly display and demonstrate any Image obtained by you from DVARCHIVE (each a "DVARCHIVE Image"), but only as incorporated into any work with substantial value added by you (i.e., you may not distribute, license, share with other individuals or re-sell any DVARCHIVE Image on a stand-alone basis or with minor augmentation); provided that your right to modify, display and create derivative works may be subject to applicable worldwide moral rights and similar authors and artists rights. For example, you may incorporate the DVARCHIVE Image into your promotional materials, as part of educational, entertainment or advertising programming, online (including in web page design), broadcasts, products (including products for sale), publications (electronic or print), and in materials for personal, noncommercial use and test or sample use, including comps or layouts, provided that these works are designed only for viewing purposes and not intended for re-use, resale, or re-licensing of the individual Image, or in any on-line distribution or file sharing or other stock footage delivery system.

You may modify or alter the Image(s) as necessary for your use, and provided that if such modification or alteration constitutes a derivative work you do not acquire or claim any copyright ownership or equivalent rights in or to any of the Image(s) or any other property of DVARCHIVE or its licensors and you shall only use such derivative work in accordance with this Agreement. If requested by DVARCHIVE, you agree to execute a written assignment of any such rights, including copyrights, at no cost to DVARCHIVE.

Prohibited Uses

Except as specifically provided in this Agreement, DVARCHIVE Images may not be shared, copied, sublicensed, resold or otherwise made available for use or distribution or commercialized. This is a personal license between you and DVARCHIVE. Upon downloading or ordering an Image from DVARCHIVE, you are asked to create a profile of yourself which is linked to computer records of your downloading terminal. This information, printed on your receipt and password protected on the DVARCHIVE website may be used by DVARCHIVE to track unauthorized usage and sharing of DVARCHIVE Images. It is prohibited to share DVARCHIVE Images for re-use with colleagues, other productions, clients or any individuals other than yourself. If a client or colleague wishes to use the DVARCHIVE Image separately, either you on behalf of your client or your client must license the DVARCHIVE Image for your client's separate use, either through downloading it again at the DVARCHIVE website, or by contacting us at licensing@DVARCHIVE.com. You are solely responsible for the enforcement of this license between you and DVARCHIVE. You are solely responsible for any licensing costs, damages, legal costs, or other consequences which may result from authorized or unauthorized usage of a DVARCHIVE Image or Images by third parties.

DVARCHIVE Images may not be made available for use, resale or distribution as stock footage. They may not be re-licensed or resold as stand alone Images detached from your programming or website. For example, you may use the DVARCHIVE Images as an integral part of your web design, but you may not make DVARCHIVE Images available for downloading separately or in formats designed or intended for permanent storage, content creation or re-use by web site users. You may not disassemble, de-compile, or "unlock", reverse engineer, translate or otherwise decode the DVARCHIVE Image for any reason. Examples of inappropriate uses may include, but not be limited to, video games, templates, web site templates, e-greetings, editing applications in which users can freely use, re-use and re-order clips whether web based or software based, etc. Please contact licensing@DVARCHIVE.com if you have further questions about using Images for applications like this prior to downloading Images from the website.

You shall not make any use of any DVARCHIVE Image that may be deemed pornographic, defamatory, libelous or otherwise unlawful. You agree to defend, indemnify, and hold DVARCHIVE harmless against all liability, loss, damage, cost and expense, including reasonable attorneys' fees, paid or incurred by DVARCHIVE in connection with your failure to comply with this, and DVARCHIVE has the right to participate in such defense. DVARCHIVE reserves all rights not expressly granted herein.

Amongst other things, you may not:

Use the Image(s), or any part of the Image(s), as part of a trademark, service mark, or logo. DVARCHIVE or its licensors retain the full rights to the Image(s), and therefore you cannot establish your own rights.

Use the Image(s) to compete with DVARCHIVE. DVARCHIVE is in the business of licensing images to its customers. It is the specific intent of this provision to prohibit you from using the Image(s) to enter, either directly or indirectly, a similar or competing business.

Use the Image(s), or resell the Image(s) for use, in online mobile or wireless devices, including but not limited to mobile telephones, handheld game consoles, and PDAs. Such usage is subject to additional licensing fees. Please contact licensing@DVARCHIVE.com for information on reseller licenses.

Use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying audio, text or images, or otherwise.

Without advance written consent from DVARCHIVE and any person in such Image(s), use Image(s) that include people as part of any sensitive subject matters, as determined by DVARCHIVE. If in doubt, please contact licensing@DVARCHIVE.com for clarification before performing a download from our site. Sensitive subject use pertains to both royalty free commercial and editorial uses. DVARCHIVE's releases do not grant the right to use Image(s) in any sensitive subject matters, nor to defame or otherwise imply untruths or actual or purposeful personal information about the person or persons appearing in the DVARCHIVE image.

Use the Image(s) beyond any limitations or restrictions noted on a DVARCHIVE Website.

Use Credit

In all editorial uses, the following credit must be given to DVARCHIVE ,in a credits section "STOCK FOOTAGE PROVIDED BY DVARCHIVE.COM." In commercial and advertising usage, credit is requested but not required.

Fees and Payment, Image Quality

Fees and Payments: In exchange for your usage of DVARCHIVE Images as provided hereunder, you agree to pay to DVARCHIVE a non-refundable license fee in advance in the amount most recently quoted by DVARCHIVE for each DVARCHIVE Image that you receive or download. DVARCHIVE allows the user to download a Comp Usage version of each Image free of charge for inspection, previewing and editing purposes. In addition, DVARCHIVE makes all Images available in streaming video for on site review. Some DVARCHIVE Images may contain slight flaws, including but not limited to minor scratches and dirt, minor lens obstructions, minor focus or exposure variations, grain, or other factors. DVARCHIVE Images are licensed "as is" and all financial transactions on the DVARCHIVE site are final.

Ownership and Termination

All rights and title to DVARCHIVE Images and the software contained on the DVARCHIVE website are owned by DVARCHIVE and its licensors and are protected by United States and other applicable copyright laws, the law of trade secrets, international treaty protections and other applicable laws. DVARCHIVE and its licensors retain all rights not expressly granted by this Agreement. The License contained in this Agreement will terminate automatically without notice from DVARCHIVE if you fail to comply with any provision of this Agreement. Upon termination, you must immediately (i) stop using the DVARCHIVE Images and (ii) return the Images and all copies of it to DVARCHIVE, and (iii) delete the DVARCHIVE Images and all copies from all magnetic media, hard drives or other storage facilities or methods and destroy all other copies or, upon request of DVARCHIVE, return all such copies to DVARCHIVE. Your indemnity and payment obligations and DVARCHIVE's rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The provisions of this paragraph are in addition to any other rights or remedies DVARCHIVE may have as a result of any breach of this Agreement. Trademarks can only be used to identify printed or electronic output produced by the Product. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License Agreement does not grant you any intellectual property rights in the DVARCHIVE Image. Unpublished rights are reserved. Your use of the DVARCHIVE Images and the other Software contained on this disc, must be in compliance with all applicable law, including but not limited to laws and regulations relating to currency and the law of moral rights. This site and the software contained on it is "Restricted Computer Software." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this agreement and as provided in DFARS 227.7202-1(a), and 227.7202-3(a) (1995), DFARS 252.227.7013 (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52-227-14, as applicable.

DVARCHIVE may, in its sole discretion: (i) monitor, as frequently as DVARCHIVE determines, anything you download from our Web sites, (ii) limit downloads to a fixed amount of downloads per 24 hour period so as to insure the best possible service to all subscribers to our Web sites, (iii) track any possible abuse of your username and password, (iv) suspend or terminate your account, without notice, if DVARCHIVE believes there is a violation of this Agreement, the Web Site User Agreement and/or any abuse of your username and password.

Disclaimer

DVARCHIVE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some states do not allow the exclusion of implied warranties, so this disclaimer may not apply to you. TO THE EXTENT PERMITTED BY LAW, DVARCHIVE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

Exclusion of Damages

NEITHER DVARCHIVE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE AGREEMENT OR OTHERWISE even if a DVARCHIVE representative has been advised of the possibility of such damages, or for any claim by a third party. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. DVARCHIVE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT IS LIMITED TO THE FEES RECEIVED BY DVARCHIVE HEREUNDER. DVARCHIVE and its Suppliers do not and cannot warrant the performance or results you may obtain by using DVARCHIVE Images.

Limitation of Remedies

Replacement or Refund: DVARCHIVE's entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement, shall be at DVARCHIVE's sole discretion, either: (i) replacement of Image(s); or (ii) refund of any fee paid for the specific Image(s). Any claims must be brought within ninety (90) days of the date that you discovered such claim, or reasonably should have discovered such claim, or such claims, shall be deemed waived.

Legal Fees

You agree to reimburse DVARCHIVE for its legal fees, costs and disbursements if DVARCHIVE is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.

Assignability

You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent. DVARCHIVE may assign or transfer this Agreement freely.

Integration

This Agreement is the complete and exclusive agreement between you and DVARCHIVE with respect to the subject matter of this Agreement, superseding and replacing any and all prior understandings (both written and oral) regarding such subject matter.

Modification

Any modification to this Agreement must be in writing and signed by both parties.

General

If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of this Agreement will not be affected. Your use of DVARCHIVE Images must be in compliance with all applicable laws, including but not limited to laws and regulations relating to export, currency and the law of moral rights. DVARCHIVE reserves the right to discontinue the distribution of any DVARCHIVE Image for any reason. This Agreement takes effect with respect to any particular DVARCHIVE Image at such time as DVARCHIVE receives full payment for such DVARCHIVE Image, and continues in effect until terminated hereunder. No failure of either party to exercise or enforce any of its rights hereunder will act as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the state of California, and the United States of America, excluding its body of law relating to conflicts of law.

All disputes between the parties arising under this Agreement shall be finally decided through binding arbitration before Judicial Arbitration & Mediation Services, Inc., in Los Angeles, California, and judgment on any arbitration award may be entered in any court having jurisdiction over the parties or their assets. Notwithstanding the foregoing, any claim or controversy related to DVARCHIVE's intellectual property rights arising out of Section 1 (License Grant), Section 2 (Restrictions) or Section 9 (Assignment) shall, at DVARCHIVE's option, not be determined by arbitration, but by a court located in Los Angeles County, California; further, the provisions of this Section 14 shall not prohibit DVARCHIVE from seeking an injunction to prevent breach of your obligations with respect to DVARCHIVE's intellectual property rights in connection with such Sections. The prevailing party in any dispute under or in connection with this Agreement will be entitled to recover the reasonable fees of attorneys and costs of proceedings.