Stock Footage License
This document is only applicable to the footage purchased through this website (www.petrnagy.cz/stock-footage). Purchases made elsewhere (online marketplaces etc.) offering stock footage will follow their own respective license agreements and terms of use, which may differ from this document greatly.
This Stock Footage License Agreement is made in favor of Licensee with respect to the Licensed Work purchased by Licensee through the Website (www.petrnagy.cz/stock-footage) upon payment of the License Fee.
1. Definitions.
1.1 “We“, “the Website“, “Petr Nagy” means the web page www.petrnagy.cz/stock-footage which sells stock footage, operated by Petr Nagy, freelancer registered in Czechia under n. IČ 88074625.
1.2 “Composite” means a watermarked, low-resolution version of a Licensed Work.
1.3 “License Fee” means the fee displayed at the point of purchase. Licensee must pay the License Fee, and any applicable taxes, upon purchase. All purchases are final and non-refundable.”
1.4 “Licensed Work” means the stock video footage clip(s) that Licensee selects and “purchases” from the Website. If the Licensed Work is offered in different resolutions at different prices, the Licensed Work shall be limited to the specific version purchased.
1.5 “Licensee” means the person or legal entity that purchases the Licensed Work. If the Licensee is an organizational entity, the organization shall designate a single employee who will have the sole right to use the Licensed Work as permitted hereunder.”
1.6 “Licensee Project” means an existing or future audiovisual work created or owned by Licensee.
1.7 “Permitted Distribution” means distribution, whether monetized or not, by (a) online means; and (b) limited theatrical or online release within the context of a film festival. For clarity, Permitted Distribution does not include linear television (e.g., broadcast, cablecast, or satellite television), physical media (e.g., DVDs or Blu-Ray discs), or commercial theatrical release.
2. Rights Granted.
2.1 Licensed Work. Subject to Licensee’s compliance with the terms hereof, The Website grants Licensee a limited, non-exclusive, worldwide, perpetual, fully paid-up and royalty-free, non-transferable, non-assignable, non-sublicensable right and license to incorporate the Licensed Work (or a part thereof) within one or more Licensee Project(s) for Permitted Distribution. The foregoing license includes the right to make copies of the Licensed Work for internal purposes and the right to stream, distribute, transmit, publicly perform, adapt, and sublicense the Licensed Work as part of each Licensee Project for Permitted Distribution, but not as a standalone work.
2.2 Delivery of Video Files. Upon purchase, the Licensed Work will be made available for download through the Dropbox drive service at least for 7 days.
3. Restrictions.
3.1 Prohibited Uses. Licensee shall not use or otherwise exploit the Licensed Work in any work that:
- depicts sexual activity; is pornographic or obscene; contains defamatory statements; contains hateful or discriminatory speech; contains excessive violence; infringes upon any third party’s rights; or violates any applicable law;
- advertises or promotes any of the following: online gambling; alcohol; tobacco (including e-cigarettes); pharmaceutical products; illegal or recreational drugs; firearms; or any sex industry products or services; or
- presents any recognizable person from the Licensed Work in a manner that (i) would be considered unflattering or unduly controversial by a reasonable person or (ii) is connected to political campaigning (including the endorsement of any party, candidate, or platform or any negative political advertisement).
3.2 No Use of Stills. Licensee may not, without Website’s prior written consent, use stills (i.e., single frames) from the Licensed Work: (i) in any advertisement or physical or digital poster for a Licensee Project, (ii) in any cover for any physical media concerning a Licensee Project, (iii) as a “thumbnail” to represent a Licensee Project, regardless of whether other content is added, (iv) in electronic or digital templates for the purpose of resale or other distribution, (v) to create any customized products for the purpose of resale to a third-party, or (vi) in trademark, design mark, tradename, business name, service mark or logo.
3.3 No Standalone Use. Licensee may not sell, distribute, sublicense, or otherwise exploit the Licensed Work separately from the Licensee Project. The Licensee Project must not consist substantially of the Licensed Work alone and may not be used as a means for reselling stock footage.
3.4. No Machine Learning, AI or Biometric Technology Use. Licensee may not use the Licensed Work for any machine learning and/or artificial intelligence purposes, or in connection with any technologies designed or intended for the identification of natural persons.
3.5. No Metadata Exploitation. Licensee may not use the caption information, keywords, accompanying text or other metadata associated with the Licensed Work separate and apart from the Licensed Work, or allow third parties to access or use any such information.
3.6. Attribution. Licensee is not required to provide attribution with respect to the authorized use of the Licensed Work, provided that if Licensee provides attribution to other stock content providers, then it shall provide similar attribution with respect to the Licensed Work. To the extent Licensee provides attribution (whether voluntarily or as required), Licensee shall, at a minimum, list Petr Nagy and the name of the original licensor (i.e., the creator who developed the Licensed Work).
3.7. Audit. Within 30 days of receiving written notice from the Website, Licensee must provide free access to copies of the final Licensee Project(s) containing the Licensed Work for the purpose of determining compliance with the terms hereof.
4. Termination.
This License shall automatically terminate upon Licensee’s breach of Section 3.1 or failure to pay the License Fee. Petr Nagy may terminate this License for any other breach by Licensee if, after providing 30 days’ notice of the breach, the breach remains uncured. In the event of termination, Licensee must cease using the Licensed Work in any way, delete or destroy all copies of the Licensed Work (to the extent practicable and legally permissible), and confirm to us in writing that it has done so.
5. Intellectual Property.
As between the Website and Licensee, all right, title, and interest in and to the Licensed Work and any Composite shall remain the property of the Website and/or the original licensor. All rights not expressly granted are reserved. Licensee may not represent or suggest that it (a) is endorsed by or affiliated with the Website, the original licensor, or any person featured in the Licensed Work; or (b) is the owner or original creator of the Licensed Work or any work that is comprised mostly of the Licensed Work.
6. Representations and Warranties.
(a) Each party represents and warrants that it has the right and authority to enter into this License. (b) the Website represents and warrants that (i) it has the right to grant the licenses set forth herein; and (ii) to the best of Petr Nagy’s knowledge, the Licensed Work, in its original, unaltered form, does not infringe upon any third party intellectual property right. (c) Licensee represents and warrants that each Licensee Project (except for the Licensed Work) does not and will not violate any third-party rights, including intellectual property rights.
7. Limitations on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE SHALL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.
8. Disclaimers.
We provide the Licensed Work on an “as is” basis. We make no promises that the Licensed Work will be suitable for Licensee’s needs or that the digital files relating to the Licensed Work will be available in perpetuity. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
Last update: April 12, 2021