SF Bay Digital Images licenses media (motion pictures, moving digital images, footage, video, etc.) on a per project basis.
The following are the types of licenses available:
( ) NON-BROADCAST- EDUCATIONAL PRIVATE
Allowed Use(s):
Display of a production in ALL of the following media, including multiple versions: kiosk, theater and live presentation; Single Location 1 Year.
Restrictions: No Advertising or Promotion. No Broadcast. No Internet Use.
License Fee: $ To Be Determined
( ) NON-BROADCAST- CORPORATE
Allowed Use(s):
Distribution of a single edited production through ALL of the following media: Internal & External Presentation, Corporate Website (Single Domain), DVD Distribution, Digital Signage, Trade Show, and Press Release; World In Perpetuity.
Restrictions: No Advertising. Clips distributed on the Internet must be download disabled, and include a watermark or Digital Rights Management (DRM).
License Fee: $ To Be Determined
( ) BROADCAST - COMMERCIAL
Allowed Use(s):
Distribution of an entertainment television production in all media, excluding Theatrical; World In Perpetuity. Single Show.
Restrictions: No Advertising. No Promotion. Clips distributed on the Internet must be download disabled, and include a watermark or Digital Rights Management (DRM).
License Fee: $ To Be Determined
( ) BROADCAST NON-PROFIT
Allowed Use(s):
Distribution of an entertainment television production in all media, excluding Theatrical; World In Perpetuity. Single Show.
Restrictions: No Advertising. No Promotion. Clips distributed on the Internet must be download disabled, and include a watermark or Digital Rights Management (DRM).
License Fee: $ To Be Determined
( ) BROADCAST THEATRICAL
Allowed Use(s):
Distribution of an entertainment television production in all media, including Theatrical; World In Perpetuity.
Restrictions: No Resale, sub-licensing or dissemination of sfbayimages.com footage/clips "as is".
License Fee: $ To Be Determined
( ) BROADCAST NON-PROFIT THEATRICAL
Allowed Use(s):
Distribution of an entertainment television production in all media, including Theatrical; World In Perpetuity.
Restrictions: No Resale, sub-licensing or dissemination of sfbayimages.com footage/clips "as is".
License Fee: $ To Be Determined
( ) INTERNET ONE TIME USE
Allowed Use(s):
Distribution of one show on the Internet (Or any other medium currently discovered or yet to be discovered). Maximum pixel size allowed for the largest length of the video is 640 pixels.
Restrictions: No Resale, sub-licensing or dissemination of sfbayimages.com footage/clips "as is".
License Fee: Cost File Only, License Implied
DEFINITIONS:
Media - SF Bay Digital Images is in the business of selling and licensing stock film, footage, photography and other digital media. This license specifically relates to video, film, digital footage, digital media, motion pictures and/or moving images referred to as "media" hereafter.
Digital Asset - Any media licensed from San Francisco Bay Digital Media
Digital Rights Managed (DRM) - The rights of the media has restrictions as described.
Royalty Free (RF) - The rights of the media can be used in any medium currently discovered and yet to be discovered, on this universe or any universe yet to be discovered in perpetuity. No further fees or "royalties" will be collected. This is not a Royalty Free License.
Non-Exclusive Rights - The rights to a media asset are granted to multiple parties. SFBayImages.com always retains the copyright.
Exclusive Rights - All rights to the media including the copyright.
Show - A body of work, compilation or a production of any length for any medium involving editing.
Products for Sale - "Shows" on DVD's, digital downloads, hard drives, or any media currently discovered or yet to be discovered on this universe or any universe yet to be discovered in perpetuity.
Kiosk - Freestanding display for small audiences. IE; Hotel Lobbies, Museums, Airports.
Display in Public- Includes large screens for large audiences. IE, Baseball Stadiums, Large Conferences or Shows.
These are the terms and conditions which you agree by purchasing SFBayImages.com media. If you can not comply with these conditions simply abort your purchase or contact us for an immediate refund. Any use of SFBayImages.com media outside the terms and conditions expressed here may deemed by SFBayImages.com at it's discretion as a violation of copyright and may use exercise all rights to remedy. All of our digital assets, video footage, images, media and pictures are copyrighted and may not taken without a media license and/or written approval. All media may be digitally altered, enhanced or mixed into other media.
SF Bay Digital Images is in the business of selling and licensing stock film, footage, photography and other digital media. This license specifically relates to motion media.
The "media" and the license thereof can not be transferred to another party except as the body of media assets comprising the show for which it was licensed.
SFBayImages.com is in the business of licensing media. Derivatives of the original media, altered, enhanced or added to may not be included in a stock library and offered in whole or in part for sale, sub-licensed or transferred or in any other way compete with the SF Bay Images business model.
COMMON DECENCY
SFBayImages.com strictly prohibits:
1. Use in a defamatory way or that violates the rights of persons, places or things. Specifically SFBayImages.com prohibits use that depicts model(s) in a sensitive way, i.e. mental of physical health issues, substance abuse, criminal behavior or preference without disclaimer.
2. Use of media that threatens National Security.
3. Use of media in such a way that it infringes on a copyright, trademark, or other intellectual property right.
4. Use in an anti-American way.
For all shows with credits should read "Additional Footage Provided By SF Bay Digital Images, SFBAYIMAGES.com." and "Copyright SFBayImages.com All Rights Reserved."
This contract is binding and takes effect upon purchase. Purchases my only be refunded within 7 days. Purchases may only be refunded for cost minus cost of goods and shipping. SFBayImages.com may severe this contract if terms and conditions are not met.
Rights assigned a "show" become assets of the "show" in perpetuity, regardless of a producer ceasing business for bankruptcy, insolvency or otherwise.
The agreement shall remain in effect as long as the digital assets are in the possession, physically or digitally, of the Licensee. Agreement shall automatically terminate upon Licensee's breach of this agreement or upon cessation of business, insolvency, assignment of assets for the benefit of creditors, bankruptcy or appointment of a trustee for all or a portion of Licensee's assets. Upon Termination of the licenses licensee will destroy all copies of the digital media.
SFBAYIMAGES.com warrants that it has all necessary rights and authority to enter into and perform this Agreement and that the Digital Media Files will be free from defects in material and workmanship for 30 days from delivery. In the event of a defect, Licensee's remedy shall be to have SFBayImages.com replace the defective material. These warranties are void if the images are used by licensee in any manner prohibited under this Agreement, or if Licensee has otherwise breached this Agreement. Other than as expressly set forth herein, SFBayImages.com makes no representation or warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. SFBayImages.com shall not be liable to Licensee or any other entity for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action arising out of this agreement, even if SFBayImages.com has been advised of the possibility of such damages. Licensee's Assumption of Risks and Indemnification
SFBayImages.com makes no representations that images may be used free of liability and Licensee shall assume that no permissions have be obtained with respect to any persons, organizations, tangible property, or intellectual property depicted in Digital Media Footage. Licensee is responsible for obtaining appropriate releases or assuring itself that such releases are legally unnecessary. Licensee likewise assumes the follows risks associated with the procurement and use of images:
a. That the information in titles, captions, and metadata supplied with images may be inaccurate.
b. Liabilities associated with commercial, advertising, or merchandising use.
c. Liabilities associated with violation of privacy rights and right to publicity.
d. Liabilities associated with copyright infringement of subject matter depicted in images supplied by SFBayImages.com.
Licensee agrees to indemnify and hold SFBayImages.com harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from Licensee's use of Digital Media Footage.
Any disputes arising under this Agreement shall be resolved by binding arbitration to be held in the San Francisco Bay Area of California.
This is the entire agreement between the parties with regards to subject matter hereof. This agreement may not be modified or amended unless by written consent of both parties. By purchasing SFBayImages.com media, you agree to these terms and conditions.
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