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Footage Usage Conditions

By licensing footage on Interclips you agree to be bound by and accept the terms of the German footage usage conditions. The following text is a translation of the German version and not legally binding. It is intended solely for informational purposes! Please read this agreement carefully. This agreement limits Media21's liability and may substantively affect your rights.

Footage usage conditions for footage users
Updated: 2007/10/24

1. Ambit and object of the agreement

(1.1) The following conditions apply to the services offered by Schellhorn media-productions e.K. ("Media21") with its principal place of business at Georg-Frank-Straße 12, 93077 Bad Abbach, Germany, to the contracting party via the website Interclips.net ("Interclips").

(1.2) Media21 operates Interclips as an online marketplace for licensing motion picture stock footage ("footage").

(1.3) Footage suppliers ("sellers") may present their footage on Interclips. Footage users ("customers") may acquire the rights of using the footage from the footage seller. They may download and employ it according to the conditions of this agreement.

(1.4) Media21 provides the platform "Interclips" for sellers and customers only by acting as broker. Footage usage contracts are concluded between the seller and the customer. Media21 supports the seller in clearing and settlement, e.g. by categorization, search features and billing. The seller holds the copyright(s) and/or right(s) of usage of the footage offered and is entitled to transfer the rights of usage of this footage.

(1.5) Media21 explicitly rejects all other possible terms and conditions by the customer or by the footage seller. They apply only in case Media21 accepts them in written form.

2. Ordering

(2.1) The customer may browse the Interclips categories and look for the desired footage depending on the associated keywords.

(2.2) By placing an order on Interclips the customer agrees to have read and understood this agreement and to accept it. The customer accepts the conditions of this agreement by ticking the checkbox "I accept the footage usage conditions" and clicking "PayPal" at the cart page. Thus the license contract between the customer and the footage seller gets made.

(2.3) Customer can download licensed footage within 72 hours after the first download as often as they desire. Later downloads are not possible. Customer is responsible to backup the downloaded footage for later access.

(2.4) The customer is obliged to create and maintain the technical, organizational and contractual prerequisites for his internet access with sufficient bandwidth. The customer bears all costs for keeping ready and using their internet access.

3. Holding and transferring rights

(3.1) Customer can obtain licenses from footage sellers according to the footage offered at Interclips. Media21 provides the platform for sellers and customers only by acting as broker. Footage seller offers his footage at Interclips.

(3.2) Two legal relationships must be distinguished from each other. Between a footage seller and Media21 the conditions of the Terms and Conditions for teh footage sellers apply. A possible license agreement for transferring rights of use gets concluded between the customer and the footage seller. A transfer of right between Media21 and the customer doesn't take place.

4. License fees

(4.1) All published prices an Interclips are meant to be as an invitation to submit an offer. Misprints or errors in the online information and documentation or short-dated price changes never cannot be excepted.

(4.2) For inhabitants of the European Union prices include VAT, if not marked otherwise..

(4.3) Footage seller has conceded any claims to license fees from the customer to Media21. Billing and collecting payments from the customer is solely done by Media21. Customer is not justified or has the obligation to pay to footage seller.

(4.4) Invoice gets created automatically and will be sent to the customer via Email. For an additional charge customer may receive the invoice via postal way.

(4.5) Invoices fall due immediately after creating without discount.

(4.6) Customer defaults automatically with expiry of the payment deadline even without special notice. At expiry of the payment deadline Media21 calculates interest for late payment of 8%, at consumers 5% above the minimum lending rate of the German Central Bank of the billing amount per month. Every overdue notice costs additional EUR 5 (incl. VAT).

(4.7) At expiry of the payment deadline Media21 is allowed to cease services or terminate this agreement with immediate effect after notification. Right to use footage expires immediately in this case.

(4.8) Compensation with claims against Media21 is precluded as far as it doesn't happen with undisputedly or legally valid outstanding debits.

(4.9) Media21 reserve it's right to assert further claims at delay in payment.

5. License

(5.1) Customer aquires the non-exclusive right of use for the particular clip. However third parties can aquire rights of use on the same clip.

(5.2) Customer may use the footage without local, spatial or temporal limitation. The dissolvable right of use starts with the receipt of the invoice. But it terminates retroactively, if the invoice amount does not get paid within 14 days at Media21.

(5.3) Footage may be used by customer in all media (e.g. Web-TV, festivals, cinema, television, print). Footage mustn't be the basis or essential element of the distributed film or video. Footage mustn't be used in products for resale, license or other distribution, unless used as part of a larger work, in which the footage itself does not account for 25% or more of the finished product.

(5.4) Footage may be altered as long as it does not imply any disadvantage for depicted persons or the footage seller.

(5.5) Right of use may be transferred to a single third party within the scope of a permanent license transfer once. In this case the customer isn't allowed to use the footage for other projects any longer. Reselling in the way to endow single customer projects with the footage one after another is prohibited.

6. Restrictions of usage

(5.1) The customer must not use footage licensed via Interclips to propagate unlawful contents. In particular, these are offers and presentations which

  • invite to a criminal act,
  • spread, promote or condone racial hatred,
  • promote any criminal or terrorist union,
  • glorify war,
  • hurt religious feelings and sensitivities,
  • show violence, outrages, sexual abuse of children or other sexual actions of any kind
  • violate human rights, glorify or downplay cruel or inhuman violence against humans, or show the cruelty or inhuman violence of an action in a matter despising human dignity
  • may endanger or have a negative influence upon the development of children, teenagers and other non-adults,
  • hurt the dignity and/or personal rights of persons,
  • contain utterances violating dignity,
  • could damage or harm Interclips or
  • contain any other illegal contents or violations of moral principles.

(5.2) All preview pictures and preview videos and the database with footage titles and keywords are copyrighted. They may not be reproduced, distributed or developed for public either completely or in parts without prior written permission of Media21.

7. Copyrights and Attribution

The copyright for the footage remains with the seller. Interclips itself is only the platform via which the license agreement between the seller and the customer is concluded. The mention of the seller at the footage use is desired but not mandatory. The name of the seller might be shown in the final credits of a movie in the form "Interclips/Name of the seller" and by using the Interclips logo.

8. Period of time and denouncement

(8.1) This agreement between customer and Interclips is valid for an indefinite term.

(8.2) Customer can terminate this agreement via fax (+49 (0)941 4610202). Claims risen before the termination of the agreement stay unaffected by a termination of this agreement.

(8.3) In case of a termination of this agreement the customer must delete all licensed footage and possible created backup copies and must remove the footage from all works using the footage. Customer must destroy all created copies of the works or products, which contain the footage.

(8.4) The right of extraordinary denouncements due to an important case (e.g. offense against the conditions of this agreement) is not affected by this.

9. Right of revocation

Every customer has the right to revocate the contractual relationship with Media21 within 14 days after begin of the contract (Placing an order) in written form towards Media21.

10. Disclaimer

(10.1) Media21 does not appear as potential seller of copyrights, author's rights or rights of usage on Interclips. Media21 provides only the platform via which a contract concerning the transfer of rights of usage and/or copyrights between the seller and a customer is concluded. Therefore Media21 does not assume any liability whatsoever concerning obligations arising from any such contractual relationship between the seller and the customer.

(10.2) Media21 does not assume any liability concerning correctness, completeness and/or legality of the content of the footage descriptions, the seller's personal information and imprint and the footage offered by the seller. No editorial or content check of the offered footage is conducted by Media21. The preceding provisions apply even if special individual footage has been checked by Media21.

(10.3) Media21 is not liable for damages or harm arising from the use of Interclips or the direct or indirect usage of footage, especially arising from usage contrary to the footage usage contract.

(10.4) Media21 does not warrant that Interclips is always available without interruptions and working without error all the time. Media21 is only liable for loss of data and its reconstruction in cases where such losses could not have been prevented by appropriate and reasonable backups by the customer.

(10.5) Media21 is not liable that licensed footage is suitable for a specific purpose (e.g. TV broadcast) or a specific market or that certain results can be achieved by using Interclips.

(10.6) Media21 does not cover the responsibility that customers can open and import licensed footage without errors in the customer's edit software. Media21 is not responsible that infrastructure or other means of transfer via the internet, which lies outside the area of responsibility and accountability of Media21 or its partners, works and functions properly.

(10.7) The seller warrants that his footage does not directly or indirectly infringe upon the rights of any person or entity, or commit any libel, slander, or other tort involving privacy or publicity, or violate the privacy of any such person or entity. The seller is responsible that they own the required copyrights, author's rights, rights of usage and/or publishing rights. If Media21 is aware of footage possibly violating other parties' rights in this way or another, Media21 is entitled to remove this footage from Interclips.

(10.8) The seller is liable for all damages and costs which arise for Media21 from safety defects caused by the seller (e.g. published password).

(10.9) In the application range of the German Telecommunications Customer Protection Ordinance the rules for liability of § 7 par. 2 of the German Telecommunications Customer Protection Ordinance stays unaffected in all cases.

(10.10) Apart from that Media21 is liable only in case of intention and gross negligence. This does not apply for endangering lives, body and health or for the violation of substantial contract obligations. In case of a slightly negligent violation of substantial contract obligations liability is limited to the amount of typical damages within the frame of the contract.

(10.11) The preceding provisions apply also in favor of representatives of Media21 or other persons acting on behalf of Media21. Liability for intention and gross negligence of legitimate representatives of Media21 and product liability stays unaffected.

11. Links

The Interclips website contains links to other internet websites. Media21 can accept no responsibility or liability for the content of other websites that are not under the strict control of Media21. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Media21 of that other Website. Everybody is responsible on their own for checking the terms and conditions and privacy policy of any other website outside Media21.

12. Privacy

(12.1) Media21 does not distribute, sell or rent the seller's personal information to third parties, except as required by law, and uses such information only for the purpose of setting up and processing the contract and accounting purposes. If the seller wants to receive a newsletter he can register via Double-OptIn.

(12.2) Media21 explicitly states that data privacy in open networks like the internet cannot be guaranteed comprehensively at the current state of technology. The seller knows that the provider may look at stored data of the seller on the server from the technical point of view. Other internet using parties may be technically capable to interfere with the network safety unauthorized and to control message traffic under these circumstances. The seller is fully responsible for the safety of the data transmitted from the seller to the internet and for data saved onto servers.

(12.3) Furthermore the legal regulations for privacy apply to all data.

13. Modifications of this agreement

Updates of this agreement will be published on Interclips. Customer is liable to read and accept the current footage usage conditions at every order process.

14. Final provision

(14.1) Sole court of jurisdiction for all disputes arising from this agreement is Regensburg (Germany), if the seller is a merchant, artificial person under public law, public fund assets in inland without general court of jurisdiction. Furthermore Media21 is entitled to take legal action against the customer at his general court of jurisdiction.

(14.2) This agreement shall not be modified or amended, nor shall any rights under this agreement be waived, except by written instrument signed by both of the parties. Same applies for the revocation of the requirement of written form.

(14.3) Rights and obligations of these conditions can only be transferred to other parties with prior written permission by Media21.

(14.4) For contracts concluded by Media21 on the basis of these conditions and for any resulting claims applies exclusively the law of the Federal Republic of Germany under exclusion of international private law and of the United Nations Convention on Contracts for the International Sale of Goods.

(14.5) If any provision of this agreement is adjudged to be invalid, void, or unenforceable, that provision shall be deleted from the agreement and shall not affect the validity of this agreement and the enforceability of any other provisions. Instead of the deleted conditions the legal rules apply. Same applies for incompleteness.