End User Licence
1.1 The following agreement sets out the circumstances under which Members can make use of the photographs, videos, graphics, illustrations, drawings, sounds and music data files that are made available on the internet platform www.free-video-footage.com by Stock Photo Now an entity of Idenio GmbH, Wissmannstr. 30, 50823 Cologne, Germany (hereinafter “Stock Photo Now”).
1.2 This licensing contract applies in addition to the applicable GTC for the website www.free-video-footage.com. In the event of a contradiction between the licensing contract and the GTC, the provisions of the following licensing contract take precedence.
2.1 Stock Photo Now grants Members the non-exclusive rights, unlimited in temporal or spatial terms, to use the content non-commercially, either in isolation or together with works by third parties, to edit and adapt it for their own purposes. This does not include the right to transfer these rights to a third party (to issue sub-licenses).
2.2 In addition, Stock Photo Now grants Members the non-exclusive rights, unlimited in temporal or spatial terms, to use the content commercially, either in isolation or together with works by third parties, to edit and adapt it for commercial purposes. This granting of rights does not include the right to transfer these rights to a third party or to issue sub-licenses.
2.2.1 The Member does, however, have the right to exploit in any conceivable manner their works that include the content, wholly or partially edited or unedited (in the following results), so long as the result does not consist only of the unedited content (under the meaning of point 2.3) and that the result is not used for prohibited purposes (according to point 3).
2.3 The content is only considered to have been edited if the result is a personal, intellectual creation of the member. Non-material changes (coloring, filters, alterations to the length) do not constitute editing under the meaning of this contract.
The content cannot under any circumstances be used for the following purposes:
3.1 The sale or distribution of a copy of the content as such. “Content as such” means when no editing or compilation of works under the meaning of the above regulations has taken place.
3.2 Making the content available in such a way as to enable a third party to obtain the content as such as an electronic data file or copy. The Member will take preventative measures for this purpose (e.g. copy protection).
3.3 for pornographic, sexist, defamatory, libelous, or racist images, or those that are offensive to minorities or religious feelings;
3.4 in the infringement of the personality rights of any depicted person.
3.5 in the use of the content in an abusive, denigrating or another way that is unlawful.
3.6 in the removal of any indicators of copyright, performance protection or trademarks on or connected with the content. The Member is required to reproduce these indicators every time the content is used.
3.7 in the use of the content in the framework of, or as part of, a trademark, registered design, logo, a business designation, a name or the designation of an establishment.
3.8 for unauthorized communications activities, whether direct or indirect (e.g. spam)
3.9 for any other unauthorized activities.
4.1 The Member undertakes to use the content only in accordance with the measures set out in this contract and frees Stock Photo Now from any claims by third parties arising from the assertion that the client has used or is using the content in a way contrary to the contractual regulations.
4.2 The Member is responsible for obtaining the necessary authorization for each use of the content if these are not already in place. This is particularly applicable to depictions of people, works of art or architecture, places not accessible to the public, as well as to other depictions that contain names, companies, trademarks, incorporated registered designs or works protected by copyright or that affect other property rights of third parties.
4.3 Stock Photo Now declares that to the best of their knowledge and belief that the content does not infringe any rights of third parties. This guarantee refers only to the content, not to any editing or compilation thereof.
4.4 Stock Photo Now provides no guarantee that the works are suitable, usable or able to be played back for a particular purpose. In particular, Stock Photo Now does not guarantee that all the data files can be edited, stored on any given recording medium or converted into any kind of file format.
5. Limitation Of Liability
In no event shall Idenio GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
6. Jurisdiction and place of fulfillment
These Terms shall be governed and construed in accordance with the laws of Cologne, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.