TERMS AND CONDITIONS OF USE
Your Agreement with Retroklips.
Welcome to our website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ("WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY FOOTAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
RETROKLIPS SITE USAGE AGREEMENT
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND Retroklips. If you do not agree to accept and abide by these terms you should not access or use this web site.
If you are obtaining footage reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement.
Retroklips may revise and update these terms at anytime and without notice. Your continued access or use of this web site after any such changes are posted will constitute your acceptance of these changes.
This Agreement is in addition to your obligations under the applicable End User License Agreement you may enter into on licensing footage from this Site. In the event of any conflict between this Agreement and the end user license agreement, the End User License Agreement will control as to the conflicting terms.
PERMITTED USE OF THIS WEB SITE
This web site is owned and operated by Retroklips. All footage and related informational materials in any medium furnished by Retroklips, including related text, captions or information (collectively referred to as "Content"), is owned by Retroklips, our licensors or our Content suppliers and is protected by US and international copyright laws, trade dress, moral rights and other intellectual property rights.
Except as explicitly permitted under this Agreement or the applicable End User License Agreement (if any), no portion or element of this site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Retroklips.
FOR THE PROTECTION OF RETROKLIPS, ITS FOOTAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM RETROKLIPS AND/OR OTHER METHODS OF PROTECTING, MONITORING OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT ("RIGHTS MANAGEMENT SYSTEMS (RMS)"). IF YOU DO NOT CONSENT TO RETROKLIPS.S USE OF RMS, DO NOT USE THE SITE OR ANY CONTENT FOUND THEREIN. YOU SHALL NOT KNOWINGLY DISABLE ANY SUCH TECHNOLOGY OR TOOL.
You may not remove any copyright or other proprietary notices contained in the Content, caption information or any other material on this site. Your use of this site and any Content shall comply with all applicable law.
Retroklips reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Retroklips.
Retroklips may restrict or remove Content from this web site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Retroklips.
Minors and children (persons under the age of 18) are not eligible to use this web site unsupervised and we ask that minors and children do not register or submit any personal information to us.
Retroklips may immediately terminate any licenses granted to you without notice if you fail to comply with any provision of this Agreement or with the End User License Agreement applicable to your use. If a license to use is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at Retroklips request, return all such copies to Retroklips.
FORUMS AND OTHER INTERACTIVE SERVICES OR AREAS
The Web site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Web site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Web site any of the following:
Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of Retroklips, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Retroklips or its users to any harm or liability of any type.
If you post User Content to the Web site, unless we indicate otherwise, you grant Retroklips and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Retroklips and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You may not use the trademarks or service marks of Retroklips without Retroklips prior written consent. "Retroklips" and the Retroklips logo, among others, are trademarks of Retroklips LLC. Other product and company names mentioned on the Site will be trademarks of their respective owners.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this web site.
Retroklips shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this web site or your downloading of any of the Content from this web site.
LINKED WEB SITES
As a convenience, this web site may link to other sites that may be of interest to you but are not under Retroklips control. These links do not imply endorsement by Retroklips and Retroklips is not responsible for the availability of, or the content contained in, any linked site. Retroklips shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by, or in connection with, the use of, or the reliance upon any information, content, goods or services available on or through any third party web sites or other linked services.
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and its Content may include historically and culturally important footage and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Retroklips. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER RETROKLIPS NOR ANY RETROKLIPS SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS WEB SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS WEB SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL RETROKLIPS.S OR ITS AFFILIATES' LIABILITY ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR ANY OF THE CONTENT EXCEED US$100. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless Retroklips and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals or users.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Retroklips may terminate the rights of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send Retroklips a notice containing:
(i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit Retroklips to contact you, such as your physical address, telephone number and e-mail address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owners behalf.
Retroklips should in the first instance be e-mailed at email@example.com
Any dispute regarding this Agreement shall be governed by the laws of the State of New York and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in New York, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.
The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language.
In any dispute between Retroklips and you, Retroklips shall be entitled to recover its reasonable attorney fees, legal expert fees, and other legal expenses from you.
No action of Retroklips, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement.
This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Retroklips, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by Retroklips. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.
The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible.
You may not assign or transfer this Agreement without Retroklips prior written consent.
If you are unsure of your rights or obligations under this Agreement do not use the web site and contact Retroklips by e-mail at firstname.lastname@example.org.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by Retroklips. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by , or its licensors, clients and content providers. All elements of websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of or its licensors unless otherwise expressly agreed. You shall indemnify, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
Rates and rights must be negotiated before use. All clips and rights not expressly granted in writing remain the exclusive property of the Retroklips. Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Footage; Copy or publish any of the Footage to a network or bulletin board, or otherwise distribute or allow any of the Footage to be distributed to or used by anyone other than the authorized users, without prior written consent from Retroklips; Use any of the footage for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the footage to promote a business that sells or licenses photographic footage, or otherwise competes with in any manner.
No model releases or other releases exist on any Footage. The limit of liability shall be the sum paid by you per the invoice for the use of the particular Footage involved. You will hold Retroklips harmless from all claims for the use of the Footage, including defamatory use. Retroklips gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any footage, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR USE, ARE SECURED.
INFORMATION WE COLLECT FROM THIS WEB SITE
We collect personally identifiable information about you when you visit the site and input information, whether you are registering to use the site, enrolling or signing up for features and functions, ordering or purchasing footage or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including personally identifiable information, to tailor your experience on the site, to display content we think may be of interest to you or to let us customize what you see when you visit the site, according to your preferences.
When you visit this web site, some information may be collected automatically as part of the site's operation, such as your IP and e-mail addresses as well as navigational details. Your name, postal address, phone number, e-mail address, password and other information are collected when you register online with Retroklips.
If you wish to license footage from Retroklips your username, password, full name, telephone number, e-mail address and postal address, your credit card number and other personally identifying information is collected to complete the license agreement or to receive products or services. On occasions, we may use certain account information such as credit card number and company information of authorized users to conduct credit inquiries.
From time to time Retroklips may ask you questions about you or which might relate to your user preferences. This information may be linked to your personal information. Providing this kind of information is always voluntary. Retroklips also collects your orders, your searches and selections and other account information as part of your sales history with us. We do this in order to better serve you and improve the use of the Retroklips web site. We may also compile data in aggregate form so that we may better understand the users that are visiting our web site.
HOW WE USE THE INFORMATION WE COLLECT
We may use information in any of the following ways:
For the purposes for which you specifically provided the information including, for example, to enable us to process, validate and verify orders for footage.
To send you e-mail notifications about our new or existing products and web site, special offers, or to otherwise contact you.
To enhance existing features or develop new features, products and web sites.
To provide advertisers and other third parties with aggregate information about our user base and usage patterns.
To allow us to personalize the content and advertising that you and others see based on personal characteristics or preferences.
We may combine the information that we collect from you on the site with information that you provide to us in connection with your use of our other products or web sites.
We may hire other companies to provide services on our behalf including, without limitation, facilitating some aspects of the web site, sending e-mail and fulfilling purchase requests. These other companies may be supplied with or have access to your personally identifiable information solely for the purpose of providing these services to us or on our behalf.
We may use third parties, called third-party ad servers or ad networks, to deliver ads to you on our behalf. These third-party ad servers may be supplied with or have access to your personally identifiable information solely for the purpose of providing these services to us or on our behalf. They also may also collect and use non-personally identifiable information about your visits to the web site and other web sites in order to present advertisements that may be of interest to you.
We may disclose and use personally identifiable information in special circumstances where it is necessary to enforce our End User License Agreement (for example, when necessary to protect our intellectual property rights).
Our web site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites ("Interactive Areas"). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please e-mail us at email@example.com. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.
If you register on our web site, you may occasionally receive e-mail messages about the web site that are intended to assist you in making the most out of your registration. Such e-mail messages may contain a link that you may use to opt-out of receiving further such messages.
Retroklips uses "cookies" to enable you to sign in to our services and to help personalize your online experience. A cookie is a small text file that is placed on your hard drive. Cookies contain information, including personal information, that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect can include the date and time of your visit, your registration information, and your navigational and purchase history. Cookies are not linked to you as an individual and cannot be used to track where you have been either before or after you visit.
Cookies offer you many conveniences. They allow us to identify registered users when they return to the site so that they can retrieve previous footage search results, access lightboxes and view their previous invoices. Cookies also save you time by eliminating the need to repeatedly enter the same information.
If at any time you believe the site has not followed the above policy, or if you would like your information to be removed from our system, please contact us. We will make reasonable efforts to identify and correct any problem.
Most browsers allow you to decline cookies, but if you elect to do so, certain pages and user features such as lightboxes may not display properly. You are free to delete cookies after your session. Your browser should contain instructions on how to do this.
ADS FOR THIS WEB SITE
When you view an ad for this web site on other sites, our third-party advertising company may place or recognize a unique cookie on your browser. The web site and our advertising company may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) to note which web site pages you visit after viewing our ads. Once again, the information that is collected through the use of these images is not personally identifiable and is used only to track response to our advertising efforts.
We maintain physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used, and will continue to use, commercially reasonable efforts to ensure the protection of your information. We continually assess new technology for protecting information and, when appropriate, we upgrade our information security systems.
REVIEWING, UPDATING OR CORRECTING YOUR INFORMATION
If at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy or (3) correct, supplement or modify your information, you may inform us at firstname.lastname@example.org.
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or to comply with a legal process served on our web site.
If you have provided us your email address, periodically sends promotional emails to its subscribers about services offered by and its partners. If you do not wish to receive email information from or its partners, please let us know by emailing us at: email@example.com or by writing us at Everett Collection, 225 West 35th Street, 14th Floor, New York, NY 10001.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE.
GOVERNING LAW AND VENUE
VALIDITY If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.