Acceptance of Terms
You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Cinefootage, may publish from time to time (collectively, the "Terms & Conditions"). If you do not agree to all of the terms and conditions contained in the Terms andConditions, do not access or use this Site.Cine Footagemay change these Terms & Conditions from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms & Conditions, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms & Conditions" link on the home page of Cinefootage.com to view the then-current terms. If you breach any of the Terms & Conditions, your license to access or use this Site shall automatically terminate.
Intellectual Property; Limited License to Users
Subject to your compliance with these Terms & Conditions, any applicable license agreement with Cinefootage, and the law, you may access and use the Site. Cinefootage remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms & Conditions. Cinefootage may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Cinefootage’s sole discretion. Cinefootage provides the Site on an "as is" and "as available" basis.
All content on this Site, as well as the selection and arrangement of the Cinefootage Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Cinefootage Content violates such laws and this Terms & Conditions. Except as expressly provided herein or in a separate license agreement between you and Cinefootage, Cinefootage does not grant any express or implied permission to use the Site or any Cinefootage Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Cinefootage Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Cinefootage Content.
Unless you enter into a license agreement with Cinefootage you may not download, distribute, display and/or copy any Cinefootage Content.You may not remove any watermarks or copyright notices contained in the Cinefootage Content.
Cinefootage Trademarks
For the purposes of these Terms & Conditions, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Cinefootage.Nothing contained herein grants or shall be construed to grant you any rights to use any Cinefootage Trademark, unless expressly conferred by these Terms & Conditions.You agree that you will not use Cinefootage's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Cinefootage.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Cine FootageTrademarks or the Trademark rights claimed by Cinefootage.You agree that you will not use any Cinefootage Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.You may not at any time, adopt or use, without Cinefootage's prior written consent any word or mark which is similar to or likely to be confused with Cinefootage's Trademarks.The look and feel of the Cinefootage website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Cinefootage and may not be copied, imitated or used, in whole or in part, without the prior written consent of Cinefootage.
All other trademarks, product names, and company names or logos used or appearing on the Cinefootage website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Cinefootage, unless expressly so stated.You may not use a Cinefootage trademark, logo, Image or other proprietary graphic of Cinefootage to link to the Cinefootage website without the prior written consent of Cinefootage.You may not frame or hotlink to the Cinefootage website or any Image without the prior written consent of Cinefootage.
Information You Provide
Cinefootage (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to Cinefootage subject to your agreement with the applicable third-party platform. Cinefootage’s collection and use of all such information shall at all times conform to this Terms & Conditions, the Cinefootage Privacy Policy, and applicable law.
Cinefootage will use and protect your personal information, such as your name and address, in accordance with the Cinefootage Privacy Statement, the contents of which are incorporated by reference into these Terms & Conditions.
You may not use any Cinefootage Content for any purpose without first purchasing a specified pack to use such Cinefootage Content. Any use of Cinefootage Content by you shall be governed by the applicable agreement separately entered into between you and Cinefootage. Displaying and/or distributing to the public any watermarked or unlicensed Cinefootage Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
Infringement Claims
If you believe that any Image or other material made available by Cinefootage infringes upon any copyright that you own or control, you may notify Cinefootage.
Limitations
You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Cinefootage or any third party.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms & Conditions.
- Violate the rights of Cinefootage or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Restriction and Termination of Use
Cinefootage may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or Cinefootage Content at any time in Cinefootage's discretion, without prior notice or liability to you. Any conduct by you that, in Cinefootage’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
Links to Third Party Sites
In the event that the Site is available through any third-party platform, or if Cinefootage provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Cinefootage makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Cinefootage, and Cinefootage provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Cinefootage.
Warranties and Disclaimers
Your use of the Site is at your own risk. The Site is provided by Cinefootage under these Terms & Conditions "as is" without warranty of any kind, either express, implied, statutory or otherwise. Cinefootage expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose,non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Cinefootage makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) thequality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected.
Indemnification
You agree to defend, indemnify and hold harmless Cinefootage, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms & Conditions or of any representation or warranty contained herein, your unauthorized use of the Cinefootage Content, or your violation of any rights of another.
Miscellanous
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Law of Maharashtra. The place of arbitration shall be Maharashtra State. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Cinefootage shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Cinefootage, such action is necessary or desirable.
These Terms & Conditions are governed by and shall be construed in accordance with the laws of the India, without respect to its conflict of laws principles.
In the event of any conflict between these Terms & Conditions and any license agreement you enter with Cinefootage, the terms of such license agreement shall control.
These Terms & Conditions shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms & Conditions shall not affect the validity or enforceability of the balance hereof.