TERMS/CONDITIONS

TERMS/CONDITIONS

TERMS AND CONDITIONS OF USE

Your Agreement with Timelapsesource.com, owned by dataWEB, Inc., hereafter referred to as “dataWEB”.

Welcome to Timelapsesource.com, a dataWEB, Inc. 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 DataWEB, INC. ("DATAWEB" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.

Ownership of This Website
This website is owned and operated by dataWEB. 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 dataWEB, its licensors and its content providers.

Assignment
The person placing an order on this website warrants that they are the Licensee or the authorized, legal representative of the Licensee named in this agreement. This Agreement and the license granted herein may not be assigned to any other person or legal entity.

Integration
Licensee specifically agrees that this document shall constitute the entire agreement between the parties and that any terms or conditions, not listed in this document shall be deemed void.

Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of Colorado, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Colorado in Denver County. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, dataWEB shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of dataWEB, such action is necessary or desirable. The prevailing party in any dispute under or in connection with this Agreement will be entitled to recover the reasonable fees of attorneys and costs of proceedings.

No Waiver, Severability
No action of DataWEB, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between dataWEB and you relating to your use of this website.

Modification
Any modification to this Agreement must be in writing and signed by both parties.

Limitations
(i) Except as specifically provided in this Agreement, footage provided to Licensee may not be shared, copied, sublicensed, resold or redistributed. (ii) The footage licensed by this agreement may not under any circumstances be used in or in conjunction with defamatory, pornographic, obscene, libelous, illegal, or fraudulent material and may not be sold as a stock element or as part of any other content library or collection.

License
Subject to the terms and conditions of this Agreement, dataWEB grants to the Licensee a non-exclusive, non-transferable, right to use, copy, distribute, publicly display, create derivative works of, and demonstrate any footage obtained by you from dataWEB. The footage licensed by this agreement may be used only for the purpose specified and may not be sold or reused without the written permission of dataWEB, Inc.

Fees and Payments: In exchange for the usage of dataWEB footage as provided in this license agreement, you agree to pay to dataWEB a license fee in advance in the amount most recently quoted by dataWEB for each dataWEB footage shot that you order.

Copyright
Licensee also agrees that the Copyright, ownership and title to the footage licensed by this agreement is owned and retained by dataWEB, Inc. Licensee agrees this agreement is not a work for hire. dataWEB's acceptance of payment by Licensee shall not transfer title, copyright, or ownership of the footage to the licensee. The licensee's rights to use of the footage shall be non-exclusive.

Warranty
All footage licensed by this agreement is delivered upon the express understanding, to which the licensee agrees by acceptance of such footage, that dataWEB warrants only its title to the footage. dataWEB makes no other warranty, express or implied. Some states do not allow the exclusion of implied warranties, so this disclaimer may not apply to you.

Limited Liability
The licensee will hold dataWEB, Inc., the distributor, duplicator, website Internet service provider, and the copyright holder of the footage harmless against any liability, loss or damage arising out of or in connection with such use or the license of such footage to the licensee. dataWEB, Inc., and the footage's copyright holder, shall not be liable to the licensee or any other entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license agreement or otherwise. To the extent permitted by law, our maximum aggregate liability to you, and that of our dealers and suppliers, shall not exceed the amount you have paid for the Product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

Injunctive Relief
You agree that any breach of your obligations with respect to dataWEB's proprietary or intellectual property rights will result in irreparable injury to dataWEB for which money damages are inadequate, and you therefore agree that dataWEB is entitled to injunctive relief in addition to any other relief that a court may deem proper.

Termination
The license contained in this Agreement will terminate automatically without notice from dataWEB if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately: (i) stop using the dataWEB footage. (ii) delete the dataWEB footage and all copies from all magnetic media and destroy all other copies. The provisions of this paragraph are in addition to any other rights or remedies dataWEB may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein.

Promotion & Demo
Unless dataWEB receives written notification from Licensee to the contrary, Licensee hereby grants dataWEB the right to display any derivative works within Licensee's possession or control that incorporate one or more shots of dataWEB footage for dataWEB's marketing, educational, and promotional purposes as examples of customer usage. At Licensee's request, dataWEB will identify Licensee as the author of such derivative work. If the Licensee's derivative production has credits, Licensee agrees to provide the following credit: Stock Footage - Timelapse.com