Fotosearch Royalty Free Stock Photography
Digital images licensed by Publitek, Inc.
Fotosearch and Photosearch are trademarks of Fotosearch, LLC
All rights reserved © 2020-11-23
ReelHouse Royalty Free End User License Agreement
1. The License: Subject to the terms and conditions of this Agreement, REELHOUSE grants to you a perpetual, nonexclusive, non-transferable (except as vided in Section 9), worldwide right to use, copy, distribute, publicly display, create derivative works of, and demonstrate any footage clip / digital images obtained by you from REELHOUSE (each a "REELHOUSE Clip / digital images"), but only as incorporated into any work with substantial value added by you (i.e., you may not distribute any REELHOUSE Clip / digital images on a stand-alone basis or with minor augmentation); vided that your right to modify, display and create derivative works may be subject to applicable worldwide moral rights and similar authors and artists rights. For example, you may incorporate the REELHOUSE Clip / digital images into your motional materials (including using still frames from the Clip / digital images / digital images in packaging), online or other electronic distribution systems (including in web page design), broadcasts, commercial films, in-house film and video ductions, ducts (including ducts for sale), publications (electronic or print), and in materials for personal, noncommercial use and test or sample use, including comps or layouts. However, you may not resell the Clip / digital images(s) in whole, in part, as a stock element, or included as part of a derivative work that is a stock clip / digital images or element, or in any manner associated with stock photo or stock footage/media ducts, sales, or licensing.
2. Limitations: Except as specifically vided in this Agreement, REELHOUSE Clip / digital images / digital images may not be shared, copied, sublicensed, resold or otherwise made available for use or distribution or commercialized. You shall not make any use of any REELHOUSE Clip / digital images that may be deemed pornographic, defamatory, libelous or otherwise unlawful. You agree to defend, indemnify, and hold REELHOUSE harmless against all liability, loss, damage, cost and expense, including reasonable attorneys' fees, paid or incurred by REELHOUSE in connection with your failure to comply with this Section 2, and REELHOUSE has the right to participate in such defense. REELHOUSE reserves all rights not expressly granted herein.
3. Fees and Payments: In exchange for your usage of REELHOUSE Clip / digital images as vided hereunder, you agree to pay to REELHOUSE a non-refundable license fee in advance in the amount most recently quoted by REELHOUSE for each REELHOUSE Clip that you receive or download.
4. Warranty: REELHOUSE warrants that the digital copy of the REELHOUSE Clip / digital images in the form downloaded by you or otherwise delivered to you by REELHOUSE will be free from defects in material and workmanship for 30 days from delivery or downloading (the "Warranty Period"). REELHOUSE warrants, to the best of its knowledge and belief, that your use of REELHOUSE Clip / digital images consistent with the terms and conditions of this Agreement will not violate the intellectual or other prietary rights of any third party. You may contact us for any reason in connection with this warranty pursuant to Section 15 below.
5. Remedy: REELHOUSE's sole obligation and your sole right under the foregoing warranty is, at REELHOUSE's option, to replace the REELHOUSE Clip / digital images with a clip / images that conforms to the warranty or refund the fee paid for the REELHOUSE Clip / digital images.
6. Disclaimer: REELHOUSE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some states do not allow the exclusion of implied warranties, so this disclaimer may not apply to you.
7. Exclusion of Damages: NEITHER REELHOUSE NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE AGREEMENT OR OTHERWISE. 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. REELHOUSE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT IS LIMITED TO THE FEES RECEIVED BY REELHOUSE HEREUNDER.
8. Returns: If you mistakenly licensed the incorrect REELHOUSE Clip / digital images or are unsatisfied with your REELHOUSE Clip / digital images for any reason (other than the presence of a defect in material or workmanship as described in Section 4 above), you may obtain a credit from REELHOUSE for a future license by contacting REELHOUSE within three business days from delivery or downloading.
9. Assignment: This Agreement and the license granted herein may be assigned to another person or legal entity ("transferee") if the following conditions are met: you must (i) transfer the REELHOUSE Clip / digital images without keeping or storing any copy, (ii) not utilize the REELHOUSE Clip / digital images in the future any manner; and (iii) ensure that the transferee agrees to be bound by the terms of this Agreement.
10. Termination: The license contained in this Agreement will terminate automatically without notice from REELHOUSE if you fail to comply with any vision of this Agreement. Upon termination, you must immediately (i) stop using the REELHOUSE Clip / digital images, (ii) return the REELHOUSE Clip / digital images and all copies of it to REELHOUSE, and (iii) delete the REELHOUSE Clip / digital images and all copies from all magnetic media and destroy all other copies, or, upon request of REELHOUSE, return all such copies to REELHOUSE. Your indemnity and payment obligations and REELHOUSE's rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The visions of this paragraph are in addition to any other rights or remedies REELHOUSE 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 vided herein.
11. Injunctive Relief: You agree that any breach of your obligations with respect to REELHOUSE's prietary or intellectual perty rights will result in irreparable injury to REELHOUSE for which money damages are inadequate, and you therefore agree that REELHOUSE is entitled to injunctive relief in addition to any other relief that a court may deem per.
12. Integration: This Agreement is the complete and exclusive agreement between you and REELHOUSE with respect to the subject matter of this Agreement, superseding and replacing any and all prior understandings (both written and oral) regarding such subject matter.
13. Modification: Any modification to this Agreement must be in writing and signed by both parties.
14. General: If any vision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other visions of this Agreement will not be affected. Your use of REELHOUSE Clip / digital images must be in compliance with all applicable laws, including but not limited to laws and regulations relating to export, currency and the law of moral rights. REELHOUSE reserves the right to discontinue the distribution of any REELHOUSE Clip / digital images for any reason. This Agreement takes effect with respect to any particular REELHOUSE Clip / digital images at such time as REELHOUSE receives full payment for such REELHOUSE Clip / digital images, and continues in effect until terminated hereunder. No failure of either party to exercise or enforce any of its rights hereunder will act as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the state of California, excluding its body of law relating to conflicts of law. All disputes between the parties arising under this Agreement shall be finally decided through binding arbitration before Judicial Arbitration & Mediation Services, Inc., in Los Angeles, California, and judgment on any arbitration award may be entered in any court having jurisdiction over the parties or their assets. Notwithstanding the foregoing, any claim or controversy related to REELHOUSE's intellectual perty rights arising out of Section 1 (License Grant), Section 2 Restrictions) or Section 9 (Assignment) shall, at REELHOUSE's option, not be determined by arbitration, but by a court located in Los Angeles, California; further, the visions of this Section 14 shall not hibit REELHOUSE from seeking an injunction to prevent breach of your obligations with respect to REELHOUSE's intellectual perty rights in connection with such Sections. 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 ceedings.