TERMS OF USE AGREEMENT

Welcome to the Internet website of www.freestockfootage.com ("Site"). By entering, using, or continuing to use this Site and/or the products and services contained herein, You expressly agree to be bound by the following Terms of Use, including any new or modified terms and conditions. You may view the most recent version of these Terms of Use at any time at: http://www.freestockfootage.com/terms.html

This is a legally binding agreement ("Agreement") governing Your use of this Site and the Content contained herein. For purposes of this Agreement, www.freestockfootage.com shall be referred to herein as "Licensor" or "We." Anyone who establishes or accesses a connection to this Site and/or uses any of the Site's Content shall be referred to herein as "Licensee," "You," or "Your." The term "Content" means any images (whether moving or still), illustrations, photographs, video and/or graphics made available for licensing on this Site.

In exchange for your usage of the Content as provided hereunder, You agree to pay to freestockfootage.com a non-refundable license fee in the amount most recently quoted by freestockfootage.com for each item of Content You receive or download. We do not charge a fee for the use of the "previews" at this time. If you are using the previews for any type of commercial production you must acknowledge that the clip originally came from licensee in the form of either a credit or a link. All other terms except the payment apply to the use of previews. Absolutely no "deep linking" is allowed with regard to the previews. You may not have a direct link on your website that accesses that clip from the licensee website. All previews must be downloaded and saved and used according to the provisions of this agreement.

Payment for use of any Content offered on this Site constitutes a non-exclusive, royalty-free license for use only as described herein and does not constitute ownership of the Content, nor the copyright in the Content. The Licensee warrants that it will not reuse, duplicate, sell, give away, rent or sub-license the Content alone or as part of other media/stock product, collections or library without the Licensor's express prior written permission. The Content may not be resold or given away as single, stock or news video without express prior written permission from the Licensor and the payment of licensing and royalty fees. The Content may not be used in any way that may be considered defamatory, pornographic, or otherwise unlawful.

We reserve the right to delete, insert, modify, change or alter portions of this Site at any time without specific notice to You. Changes and adjustments to this Agreement may also be made from time to time without specific notice to You. We may modify or terminate your use of this Site and/or the products and services offered therein at any time. The terms and conditions of this Agreement shall survive any such modification or termination.

This Site is owned and operated by freestockfootage.com. The Licensor retains all right, title, and interest in and to the Content available on the Site. These rights are protected by the copyright laws of the United States, as well as international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement. We expressly retain the right to pursue, or to forgo pursuit, of any copyright infringement without regard to the rights granted herein.

Care has been taken to avoid depiction in the Content of any third parties. property, including copyrights, trademarks and persona. Any recognizable third party property, which may be depicted in the Content is incidental to the Content and has no official connection with the Licensor. The Licensor expressly disclaims any endorsement, sponsorship, affiliation or other relationship with any third party whose property may be depicted in the Content, including copyrights, trademarks and persona.

We make no representation or warranty with respect to the use of names, images or likeness of any individual, or the trade names, trademarks, logos, or copyrighted works depicted in any of the Content found on this website. You must secure all essential rights, model releases, consents and/or permissions as may be required for your intended usage.

The Content and information provided on this website are provided on an .as is. basis, without warranties of any kind, whether express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. Neither the Licensor nor any of its directors, officers, employees, subsidiaries, affiliates, or agents shall be liable for any damages of any kind, whether direct, incidental, consequential or otherwise, arising out of Your use of the Content obtained on this Site.

We are not liable to You or any third party for any damages, including without limitation, any lost profits, lost savings, or other incidental or consequential damages arising out of the use of or inability to use the Content offered by this Site.

This Site may contain links to other websites, but such sites are not controlled by the Licensor, and the Licensor assumes no responsibility for any Content contained therein, or for any loss or damage suffered by You in relation to such web sites.

This agreement shall be governed and construed in all respects by the laws of the State of New Mexico, without regard to New Mexico's conflicts of law principles. Any disputes which arise under this Agreement, even after the termination of this Agreement, that cannot be resolved through good faith discussions, will be heard only in the State or Federal courts located in Bernalillo County, New Mexico and You hereby consent to such jurisdiction.