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Terms and Conditions



OverflightStock License Agreement
Terms of Service

You are urged to read and understand the Overflightstock License Agreement before downloading and using the content. By downloading the content either as a paid license, comp, or by purchasing an art print, the licensee acknowledges and accepts the Overflightstock License Agreement and understands they are entering into a legal agreement between themselves and Overflightstock Ltd., referred to in the agreement and on the website as OverflightStock, a Corporation registered in West Vancouver British Columbia Canada V7S1L6.

OverflightStock offers an online marketplace where you can license and download photography, footage and purchase art prints under the terms of this agreement. The content on www.overflightstock.com is protected by international copyright laws. The copyright is never sold or transferred as part of the license agreement and shall always remain the property of the original creator.

“License” means the permission granted to the licensee to use the content in the manner specified by this agreement.
“Licensee” or “You” is the person or entity stated on the invoice and is purchasing the license under this agreement, or, the individual or entity acting on behalf of another entity or person or entity for which the project is for.
“Content” is either a photograph or video clip (footage) or portion thereof made available for licensing from the OverflightStock Website.
“Royalty Free” or “RF” is a license for Content, for a single end user, for a one time fee based on file dimensions.
“Rights Managed” or “RM” is a license for Content based on project scope which may include end use placement, distribution quantities and print and/or electronic distribution rights.
“Editorial Use” When recognizable people, logos, design features, trademarks, copyrighted or trademarked buildings or copyrighted or trademarked works are identifiable and releases have not been obtained then usage is limited to editorial projects only.
“Commercial Use” is granted when all necessary releases have been obtained or are not required.
“Model Release” - the model release status indicates whether the contributor of the Content has obtained written permission from those individuals appearing in the Content.
“Property Release” - the property release status indicates whether a signed release has been obtained from the owners of the property shown in the Content.
“End Use” or “Project” is the final work in which the Content appears.
“Invoice” is the form generated by the Website that indicates the Content for which a license will be granted, financial cost and the scope of the rights granted to the licensee.
“Comping License” A license granted to allow Low-Res Content to be downloaded for purposes of project evaluation as outlined in 3.1.
“Contributor” is anyone who enters into an agreement with OverflightStock to provide Content to the Website.
“website” www.overflightstock.com

1. GRANT OF RIGHTS MANAGED LICENSE
No license is granted without full payment.
1.1 PHOTOGRAPHY AND FOOTAGE: Unless otherwise stated in the invoice, OverflightStock grants to Licensee a limited, non-exclusive, non-sublicensable, non-assignable, non-transferrable right to use and reproduce the Content solely within the quantity, placement, size parameters and distribution method specifed on the invoice. Should additional scopes of use be required then additional compensation must be negotiated and paid in full before the license is extended. See additional restrictions in section 5 below.
1.2 ALL RIGHTS MANAGED LICENSE AGREEMENTS EXTEND FOR THE DURATION OF THE PROJECT AND ALLOW FOR WORLDWIDE DISTRIBUTION OF THE PROJECT. IF THE PROJECT, AS DESCRIBED ON THE INVOICE IS COMPLETE, AND YOU WISH TO USE THE CONTENT FURTHER, A NEW LICENSE MUST BE PURCHASED.

If you don’t see the rights you need or require clarification, contact us at sales@overflightstock.com

2. GRANT OF ROYALTY FREE LICENSE
No license is granted without full payment.
2.1 PHOTOGRAPHY (RF):
a) Unless otherwise stated in the invoice OverflightStock grants to Licensee, a limited, non-exclusive, non-sublicensable, non-assignable, non-transferrable worldwide and perpetual license to use the Content for an unlimited number of times and to directly or indirectly create Projects from the Content with the following exceptions
b) Content is not permitted to be used without further compensation where the value of the product is in the Content itself and includes but is not limited to prints for display or prints for resale, posters, cards, stationary items, calendars, paper products etc. See additional restrictions in section 5 below.
2.2 FOOTAGE (RF):
a) Unless otherwise stated in the invoice OverflightStock grants to Licensee, a limited, non-exclusive, non-sublicensable, non-assignable, non-transferrable worldwide and perpetual license to use the Content for a single project. See additional restrictions in section 5 below. THE LICENSE AGREEMENT EXTENDS FOR THE DURATION OF THE PROJECT AND ALLOWS FOR WORLDWIDE DISTRIBUTION OF THE PROJECT. IF THE PROJECT IS COMPLETE, AND YOU WISH TO USE THE CONTENT FURTHER, A NEW LICENSE MUST BE PURCHASED.

If you don’t see the rights you need or require clarification, contact us at sales@overflightstock.com

3. COMPING LICENSE (LOW-RES DOWNLOAD):
3.1 A Comping License allows you to download and use watermarked, low resolution Content, for a period of 60 days. The Comping License is made available for the sole purpose of giving the design team an opportunity to evaluate the Content for suitability within the intended project. You must never remove any copyright, trademark or service mark notice from where it is placed or embedded within the Content, whether it be visually or electronically.

4. ART PRINT LICENSE:
4.1 The copyright to the image on the Art Print remains the property of the original photographer and is never sold or transferred to the party purchasing the print. Art Prints are for the sole purpose of display within private homes or commercial offices. The Art Print purchased cannot be copied or be used to make other prints, posters, cards or used within or in conjunction with any other products. They cannot be scanned or photographed to produce electronic files or film products. The image cannot be uploaded to any social media website such as Facebook, Flickr etc.The image on the Art Print cannot be used in any editorial or commercial project or displayed at a trade show or other commercial venue. The print can be resold to others as an Art Print with the express understanding that the buyer receives no additional rights except for those outlined for Art Prints in this agreement and that this agreement is transferred and accepted by the new owner.

5. GENERAL RESTRICTIONS AND LIMITATIONS OF USE FOR ALL LICENSES. THE LICENSEE:
a) Shall only use the Content as dictated by the license agreement and/or invoice.
b) Shall not sell, redistribute, give, assign, make available for free or paid download or by any other electronic or mechanical means, the whole or portion of the Content for which the license was purchased.
c) Shall not allow the Content to be uploaded to any free or paid social media or file-sharing websites such as but not limited to Flickr, YouTube, Vimeo, Facebook etc. unless the license expressly grants such a use.
d) Shall not use the Content in a manner that is libellous, defamatory, obscene, immoral, pornographic or illegal whether directly with or in context to other material.
e) Shall not use any Content that is designated as “editorial use only” for commercial purposes.
f) Shall not make any claim to or falsely represent ownership of the Content.
g) Shall not use the Content in any a way that might infringe upon the copyright or service marks presented and/or shown in the Content. The Content will not be altered or used in a way that would imply a relationship or an endorsement by the copyright or service mark owner within the Content.
h) Shall not use the Content or any portion of the Content within a logo, trademark, brand, emblem or service mark without written permission from OverflightStock.
i) Shall not use stills or screen captures derived from footage except in context with the intended Project.
j) Upon expiry of the license period, all working and backup copies of the Content shall be erased and/or destroyed.

6. ACKNOWLEDGMENTS:
6.1 When the Content is used in a production, in print or online where credit is normally given or is given to other licensed content providers then a credit equal and comparable shall be given and take the form © Overflightstock/name of author and when the use is in an electronic medium the credit will also hyperlink to www.overflightstock.com


7. ALLOWANCES:
a) It is understood that the project may require the Content to be transferred from one entity to another to effect completion. Everyone within that design chain from initial download to end use is bound by this agreement.
b) You can make backup copies of the digital Content downloaded providing the Overflightstock License Agreement resides with the file.

8. PAYMENT:
a) Unless credit arrangements are made, all payments will be required in full prior to downloading.
b) Once payment is received by OverflightStock a refund cannot be given unless OverflightStock agrees the Content to be defective as per 9(e) below. Refunds will be issued in the same manner as payment and can take up to 45 days to complete.
c) If an Art Print is damaged at the time of delivery, then an RMA (Return Merchandise Authorization) is required prior to it being accepted for replacement. Please contact us via this website.

9. WARRANTY AND LIMITATION OF LIABILITY:
a) OverflightStock warrants that it has been granted all necessary permission and rights by Contributors to grant licenses as set forth in this agreement.
b) The Content is provided as is and it is up to the licensee to check that if releases are required that they exist and if they do exist that they satisfy the legal requirements for the project by the end user. OverflightStock makes no warranties and does not grant any rights to the use of trademarks, service marks, logos, people, or copyrighted art or buildings unless supplied with a specific model or property release for that person or property.
c) If releases do not exist and the Content contains recognizable people or property, copyrighted property or service marks, it is up to you and the end user to insure that the project does not breach any right an individual or corporation may have with respect to privacy or copyright.
d) While every effort is made to provide accurate detail with respect to captions, locations and keywords, “Editorial Use Only” designations, OverflightStock does not warranty this information.
e) Limited Warranty: OverflightStock warrants the Content to be free of defects. Should the electronic file be damaged, OverflightStock will replace the Content with a defect free version if available, and if not, the original license fee will be refunded. No further compensation will be offered if content that is deemed to be unusable delays the project.
f) OverflightStock makes no warranty about the suitability of any Content might have for a particular project.
g) OverflightStock or its contributors shall not be liable for any damages or costs arising from the modification of the Content by or for the end user.
h) OVERFLIGHTSTOCK LTD.’s LIABILITY UNDER ANY WARRANTY AND WHETHER IN NEGLIGENCE OR NOT, SHALL NOT EXCEED THE PRICE OF THE ORIGINAL LICENSE PAID BY YOU.

10. INDEMNITY:
a) THE LICENSEE ASSUMES ALL RESPONSIBILITY FOR THE USE OF THE CONTENT SUPPLIED BY OVERFLIGHTSTOCK LTD. AND INDEMNIFIES AND HOLDS HARMLESS OVERFLIGHTSTOCK LTD, ITS CONTRIBUTORS, AND ANY OF THEIR ASSIGNS, AGENTS OR EMPLOYEES AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) RESULTING FROM A FAILURE TO ABIDE BY ANY RESTRICTION OF THE USE OF THE CONTENT OR BY ANY UNAUTHORIZED USE OF THE CONTENT, OR ANY CLAIM MADE BY A THIRD PARTY RELATED TO THE USE OF THE CONTENT BY YOU, THE END USERS, CUSTOMERS OR ANYONE ACTING ON YOUR BEHALF.
b) FAILURE TO SECURE RELEVANT RELEASES BY YOU IS CONSIDERED A BREACH OF THIS AGREEMENT AND ANY INTELLECTUAL PROPERTY RIGHTS, FOR WHICH YOU WILL BE SOLEY LIABLE FOR AND FOR WHICH YOU SHALL INDEMNIFY AND HOLD HARMLESS OVERFLIGHTSTOCK LTD, ITS CONTRIBUTORS, PETER CHIGMAROFF AND ANY OF THEIR ASSIGNS, AGENTS OR EMPLOYEES.

11. ACCEPTANCE OF THE AGREEMENT:
By downloading the Content you accept the terms and conditions set forth in this agreement. If you are accepting this agreement on behalf of your employer or other entity, you warrant that you have full right to bind that person or entity to this agreement. If you do not have such authority or do not agree with the terms of this agreement then do not download and use the content.

Effective November 6, 2016



PhotoDeck Terms and Conditions

This website relies on technology provided by the PhotoDeck Service. Registering or making a purchase on this website creates a User account on the PhotoDeck Service, and the following Terms and Conditions apply in addition to this website's own terms. (See also: PhotoDeck Privacy Policy)

Purpose of the PhotoDeck Service

The purpose of the website PhotoDeck.com ("the Site"), owned and operated by PhotoDeck (SARL) ("the Owner"), is to provide photographers, video producers, and their authorized representatives ("Subscribers") the technical means ("Service") to publish, market, license, sell and distribute their images, video clips and other products ("Subscriber Content"), in digital or physical format, to visitors of the Site ("Users").

To that aim, the Site provides Subscribers with the technical means to design and operate their own customizable, brandable website that hosts Subscriber Content. The Site is not involved in the Licensing and Sales of Subscribers content, including payment collection, which happen directly between the Subscriber and the Subscriber's clients (Users).

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