Please read this document as it is a legal agreement between you and FootageTravel having its office at Via Della Ferriera 6/3, Bologna, Italy. This Agreement governs your use of the FootageTravel Website. Where you have created a User Account on this Website, the User Account Agreement portion of these Terms of Use will also apply. Where you have purchased a license to download and otherwise use Content ("License"), the Content License Agreement portion of these Terms of Use also apply.

I. Overview

FootageTravel owns and operates this website, and its component parts, including its selection and/or arrangement, all Content, works, code, metatags, and other matter comprising the website (collectively "the Website"). Access to and use of this Website is provided to you by FootageTravel on the condition that you accept and abide this Agreement. By accessing or using this Website, you affirm that you have accepted and agree to be bound by this Agreement. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THIS WEBSITE.

FootageTravel may change the terms of This Agreement, including the Content License Agreement, at any time, without notice to you. Any changes will be posted on the FootageTravel Website. Changes are effective immediately upon being posted to the website, and your continued use of the Website shall constitute your acceptance of such changes You should check this Agreement regularly to update yourself on any changes.

II. Definitions

Some words that we repeat throughout this Agreement, mean:

1. "4K", "HD" refer to different video quality and resolution standards that are respectively:
   1. "4K", approximately 4000 pixels wide (including but not limited to 3840 x 2160 or 4096 x 2160 resolutions);
   2. "HD", approximately 1920 pixels wide (including but not limited to 1920 x 1080 resolution);
2. "Content" means any work and other subject matter, including digital files, images, animations, films, audio, video, or audio/visual representations recorded in any format available for Download from the FootageTravel Website.
3. "Download" includes downloading, obtaining or copying Content from the Website.
4. "HD" means "high definition", and in particular refers to a video quality standard that is 1920 x 1080 resolution
5. "License" means a license granted by FootageTravel to you to access, download, and otherwise use the Content as set out in the Content License Agreement.
6. "Royalty-Free" means that, aside from the purchase price, no further fees or compensation are due regardless of how many times the Content is used or how many projects it is used for, provided that the Content is used in accordance with the Content License Agreement.
7. "Website" means the FootageTravel website, located at www.footagetravel.com.

III. Content License Agreement

Anyone who has paid the fee to download a video clip may access, download, and use that content available in the FootageTravel DOWNLOAD LIBRARY at provided download link and must keep it confidential.

Grant of License: Provided you comply with the Content License Agreement, FootageTravel grants you a royalty-free, revocable, worldwide, non-exclusive, non-sublicenseable, non-transferable, license, in relation to the Content to which the License applies, to:

1. download the Content;
2. modify, reproduce, and synchronize the Content for the purposes of incorporating the Content into any User Work;
3. directly or indirectly perform or broadcast the Content as part of performing or broadcasting that User Work; and,
4. distribute the Content as incorporated into the User Work, in accordance with the terms of the Content License Agreement you obtained.

Electronic storage of Content: As part of the License, you agree to retain all information embedded in the electronic file containing the Content such as the copyright symbol, the name of FootageTravel, the Content's identification number, and to maintain effective security measures to protect the Content from unauthorized use by third parties.

Protection of Content: You need to use best efforts to protect and secure the Content to ensure that it cannot be copied and/or downloaded by third parties. Failure to prevent such unauthorized copying or download would be a breach of this Agreement.

Content Use Restrictions:

1. Content marked "COMMERCIAL": You may use Content that contains personal identifying information, such as a person's name, voice, face, figure, or other identifying information, for commercial purposes, including for marketing, advertising, endorsement, merchandizing, or other similar promotional purposes, only if said Content is marked "COMMERCIAL".
   These kind of contents are generally available for advertising, promotional, merchandising or other commercial uses.
2. Content marked "EDITORIAL": are not intended for advertising, promotional or merchandising use.
   they are newsworthy or of general public interest.
3. Editorial Content Restrictions: For Content which the Item Page states is EDITORIAL USE ONLY, notwithstanding anything else in this Agreement, you may NOT use the Editorial Content in Merchandise or in any form of advertisement, endorsement, commercial or promotion (an "Advertisement"), including use (i) in a print advertisement, (ii) in a billboard or other physical (whether static, dynamic or interactive) display advertisement, (iii) in any form of electronic, internet, mobile application display advertisement (whether static, dynamic or interactive, and including in context advertisements and infomercials), or (iv) in any form of video or audio (including on television, film, motion picture, internet, mobile application or radio) broadcast; provided that use of Content in in-context marketing, promotion, and advertising of your Production that incorporates the Content is not considered to be an Advertisement use, as long as your Production is not itself an Advertisement.
4. General: Content must be incorporated into a User Work, and Content must not be capable of being downloaded, extracted, or otherwise accessed by a third party as a stand-alone file. You cannot sell, license, or otherwise distribute or make available the Content (or a superficially modified version of the Content) on a stand-alone basis (i.e. as its own file) or permit or encourage any others to do so. You are also prohibited from incorporating Content into any User Work that is subsequently made available for distribution or resale through a stock product library or collection.
5. Prohibitions: You may not, nor permit or encourage others, to do the following:
   • Disassemble, decompile, translate, decode, or reverse engineer any source code for the Content, including, but not limited to, removing any rights management information, watermarking, or otherwise avoiding, bypassing, tampering with, removing or impairing any technological protection measures that limit access to, of use of, the Content.
   • Employ Content in any manner or context that, in our sole and absolute discretion:
     • is pornographic or obscene; offensive, in bad taste or violent; defamatory; disparaging of or promotes discrimination, hatred or violence against any person, or any religious, racial, ethnic or gender group or on the basis of sexual orientation; encourages violence or illegal or harmful activities; violates the rights of any third party, including intellectual property, privacy or other rights; violates any applicable local, national, or international law, or court order; or is otherwise unlawful, including (i) in connection with pornography, adult videos, adult entertainment venues, escort services, dating services, or the like; (ii) in connection with the advertisement or promotion of any legally prohibited substance, product or service; (iii) depicts a person in the Content as engaging in criminal or illegal acts;
     • suggests the person appearing in the Content (i) promotes, supports or otherwise endorses any political ideology, policy, or viewpoint, or any particular political party, candidate, or current or former elected official; (ii) suffers from or is medicated for any physical or mental condition. However, use of Content in an obviously satirical User Work is not prohibited; or,
     • impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity.

IV. Intellectual Property

The Website is the property of FootageTravel, and is protected by intellectual property and other laws, including copyright, trademark, patent and trade secret laws. FootageTravel and/or its contributors own all rights, title, and interests in and to the Website and the Content, including when Content is incorporated into User Work.

FootageTravel, and any other trademarks, names, logos or product or service names appearing on the Website are the property of their respective owners and may not be used, copied, imitated, or otherwise dealt with (including by incorporating terms comprising such marks as metatags or "hidden text") in the absence of prior written permission from the relevant owner. FootageTravel does not endorse, sponsor or hold out approval of any product, service, process or information referenced on its Website.

V. Representations and Warranties

FootageTravel represents and warrants that:

1. It has a good faith belief that it has the right and authority to enter into this Agreement, including the grant to you the License, without obtaining any consents or permissions from any other person.
2. Content in its original unaltered form, when downloaded and used by you in full compliance with the terms of this Agreement and applicable law, will not violate or infringe on any rights of third parties, any intellectual property rights, or any privacy or publicity rights. As noted in Section III "Content Use Restrictions", certain Content is marked to indicate that clearance in respect of certain rights has been obtained (i.e. "Model Release" and "Property Release"). If the Content contains identifiable persons or premises, but is not marked with the appropriate release, such Content may not be used for any commercial purposes (including for marketing, advertising, endorsement, merchandizing, or other similar promotional purposes) but may be used for accurate and truthful editorial coverage.
3. There are no material defects in the Content that would prevent Content from being downloaded from the Website and used in accordance with the terms of this Agreement. In the event there are material defects in the Content, you must provide us with written notification of the material defect within 30 days of the download.

You represent and warrant that:

1. You are at least 18 years of age. You have the capacity, right, and authority to enter into this Agreement. You have read and understood this Agreement and are fully familiar with all terms herein.
2. If you make a purchase through the Website: you are the cardholder or PayPal account holder, or are authorized to act on that person's behalf, and the billing information provided by you is accurate.
3. If you Download Content under a "Personal License": you are the person who purchased access to the Content, through FootageTravel download pages .
4. If you Download Content on behalf of a business or other entity, including an employer or other person or entity: you have the full right and authority to execute, deliver and perform this Agreement, on behalf your employer or other person on whose behalf you are acting, and this Agreement is binding on, and enforceable against such person, as well as you, personally. In the event you do not have such right and authority, you agree that in addition to all rights and remedies against such person, or anyone else, relating to violation or infringement of intellectual property rights, you will be personally liable to FootageTravel for any breaches of the terms of this Agreement or violation or infringement of intellectual property rights in the Website or Content, by you, such person, and their representatives.

VI. Disclaimers

Except as explicitly identified herein, the Website, FootageTravel services, Content, and any Content information (including keywords, captions, categorizations, titles, and descriptions), are provided "as is" without any kind of representation, warranty or condition of any kind, either expressly or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, or title. FootageTravel makes no representation or warranty that information contained in the Website is accurate, current, or complete. FootageTravel further disclaims any representation or warranty that the Website, Content, or Content information will meet your requirements, is compatible with any particular hardware, software, device, or operating system, or that use of the Website or Content will be uninterrupted or error free. The Website and all Content is accessed at your own risk. You acknowledge that you shall be solely responsible for any loss or damage to your property or person, including but not limited to, your computer system and any hardware, software, or device used to access the Website, FootageTravel services or Content or Content Information. Certain jurisdictions do not allow the exclusion of implied warranties, and your rights may vary from jurisdiction to jurisdiction.

Public Domain Content Disclaimer: FootageTravel does not make any representations or warranties of any kind in respect of (a) any personal identifying information or any third party works, trademarks or other intellectual property, intentionally or incidentally, captured and included as part of the Content, or as part of the background, (b) any moral rights, or similar rights, that may attach to such personal identifying information or third party works, trademarks or other intellectual property. You acknowledge that it is your responsibility to seek and obtain the appropriate licenses, waivers, or other permissions to deal with such personal identifying information or third party works, trademarks, or other intellectual property, and that FootageTravel has no obligation or responsibility to assist you in doing so.

VII. Website changes

FootageTravel may update, revise, supplement or delete information, services, resources, and/or Content contained on the Website from time to time, and reserves its right to do so without prior notice to you.

VIII. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE, FootageTravel SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY OF THE DATA OR INFORMATION CONTAINED THEREIN.

IN NO EVENT WILL FootageTravel, ITS SUBSIDIARIES OR OTHER RELATED COMPANIES, AFFILIATES, AND CONTENT SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND STOCKHOLDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER DAMAGES, COSTS, OR LOSSES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR UNDER THIS AGREEMENT, YOUR DIRECT OR INDIRECT BROWSING, ACCESSING, OR USE OF THE WEBSITE OR CONTENT (INCLUDING ANY DESTRUCTIVE, HARMFUL, OR DISRUPTIVE FILES OR PROGRAMS, OR OTHER COMPUTER VIRUSES, THAT MAY INFECT OR OTHERWISE IMPACT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF SUCH ACTIVITIES IN RESPECT OF THE WEBSITE AND CONTENT), OR ANY LICENSE GRANTED HEREIN, OR ANY USE OF OR RELIANCE ON ANY INFORMATION, CONTENT, GOODS, OR SERVICE DISPLAYED, OR MADE AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITE OR LINKED RESOURCES DISPLAYED ON OR ACCESSIBLE THROUGH THE FootageTravel WEBSITE, EVEN IF FootageTravel HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.

THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO 1.00 EURO. HOWEVER, IN RESPECT OF ALL CONTENT, THE MAXIMUM AGGREGATE AMOUNT OF OUR LIABLITY SHALL BE LIMITED TO 100.00 EURO PER ITEM OF CONTENT REGARDLESS OF THE NUMBER OF TIMES YOU USE THE SAME PIECE OF CONTENT, BUT THIS SHALL NOT APPLY, AND THE MAXIMUM AGGREGATE AMOUNT OF OUR LIABILITY SHALL BE LIMITED TO $0.00 Euro IN THE EVENT YOU HAVE MODIFIED OR OTHERWISE USED THE CONTENT IN VIOLATION OF THIS AGREEMENT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, THE LIABILITY OF FootageTravel, ITS SUBSIDIARIES, AFFILIATES, AND CONTENT SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, STOCKHOLDERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF ANY CONENT MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE INITIAL EVENTS GIVING RISE TO THE CLAIM HAVE OCCURRED.

IX. Indemnification

Your indemnification of FootageTravel: You agree to defend, indemnify and hold harmless FootageTravel and its subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees, and stockholders from all damages, liabilities, expenses, and reasonable outside legal fees, arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this Agreement.

X. Term and Termination

General: This Agreement remains effective unless terminated. In the event this Agreement is terminated, you will not be entitled to any refund in respect of payments made to FootageTravel to use the Content.

Termination of Content License Agreement by you: You may terminate the Content License Agreement at any time by ceasing use of the Content, deleting and/or destroying all files and copies of the Content downloaded and used by you and/or any other person to whom access to the Content was granted under the Content License Agreement.

Termination by FootageTravel: FootageTravel may terminate this Agreement any time if you fail to comply with any of the terms of this Agreement, including the terms of the Content License Agreement. In the event FootageTravel terminates this Agreement, you must, within ten (10) business days, cease using the Content, delete and/or destroy all files and copies of the Content downloaded and used by you and/or any other person to whom access to the Content was granted under this Agreement, including all files and copies of User Works incorporating the Content, and advise FootageTravel of the same in writing.

Termination by third party action: This Agreement will automatically terminate if the Content or a User Work incorporating Content is hosted or displayed on a third party website or platform and such third party website or platform does (or provides notice that it will) deal with user materials for its own purposes or in a manner that is contrary to this Agreement.

Termination after Content removal by FootageTravel: From time to time, FootageTravel may remove Content from its website at its sole discretion. In the event such Content is removed due to a third party claim against that Content, the Content License Agreement portion of this Agreement will terminate in respect of that Content. Upon receiving notice of removal of such Content, either from FootageTravel or due to your own knowledge, you must cease using that Content, delete and/or destroy all files and copies of such Content downloaded and used by you and/or any other person to whom access to such Content was granted under this Agreement, including all files and copies of User Works incorporating such Content, and advise FootageTravel of the same in writing.

XI. Payment

ALL SALES ARE FINAL, AND FootageTravel HAS NO OBLIGATION TO REFUND ANY FEES PAID BY YOU FOR ANY SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY CREDITS, SUBSCRIPTION OR LICENSE, EXCEPT AS REQUIRED BY LAW. However, we will refund you the fee paid in respect of single item Content you have purchased and downloaded through our footage library where such Content has a material defect, you have provided us with written notification of the material defect within 30 days of the Download, we have permitted you to and you have Downloaded that Content again, the problem persists, and FootageTravel determines, in its sole discretion, that the defects would continue to prevent the Content from being downloaded or used as permitted under the Content License Agreement. In the event such refund is granted, the Content License Agreement in respect of such Content shall be considered terminated, and any downloaded files must be deleted and/or destroyed.

The price for subscriptions or Content will be as specified on the Website at the time of purchase, and will be in EUR ( Euro ), but may not include all taxes, fees, set off, deduction, or withholdings applicable in your jurisdiction, including currency conversion and withholding taxes. You are responsible for promptly paying any and all applicable sales taxes, use taxes, value added taxes, property tax, customs, duties and any related interest or penalties imposed by any jurisdiction as a result of the License, any supplemental or other license or any use of the Content.

Purchases on the Website may only be made through credit card or PayPal. By approving the purchase, you authorize FootageTravel or a third party retained by FootageTravel, to charge the designated credit card or PayPal account for the total amount of the purchase.

XII. General

Governing law: This Agreement is governed by the laws of the country of Italy, as applicable, without reference to its laws relating to conflicts of law. For greater certainty, the United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement.

Disputes: The courts in Italy, will have exclusive jurisdiction to hear and decide any claims or disputes arising under or relating to this Agreement, and by agreeing to this Agreement, you hereby attorn to the exclusive jurisdiction of said courts.

Binding Agreement: This Agreement is binding upon the parties hereto and ensures to the benefit of FootageTravel successors and assigns. It is personal to you and any rights or obligations under this Agreement may not be assigned by you, in whole or in part, to any third party.

Severance of Terms: In the event that a term(s) in this Agreement is declared to be invalid or unenforceable, the remaining terms shall continue in full force and effect, and the parties agree to substitute for any invalid or unenforceable term(s) a term(s) of similar intent and scope to the extent permitted by law.

Notice: Any notice to FootageTravel required or permitted by this Agreement or given in connection with this Agreement, shall be sent to info@footagetravel.com. Any notice to you required or permitted by this Agreement or given in connection with this Agreement, shall be sent to the email address you provided to FootageTravel in connection with the purchase of FootageTravel services. It is your responsibility to ensure such information is accurate and up to date. FootageTravel has no obligation to seek confirmation of delivery or an alternative email address once notice is sent to you in the manner described.

Compliance Checks: Upon reasonable notice, you agree to provide FootageTravel with sample copies or access to sample copies of User Works (including drafts of in-progress and completed User Works) that contain Content, including by granting to FootageTravel free-of charge access to such User Works hosted on third party platforms, websites, or servers. To ensure compliance with the terms of this Agreement, where FootageTravel has reason to believe that your use of Content may be outside the scope of the License, FootageTravel may request, and you agree to make any required changes to bring your use of the Content into compliance and to provide FootageTravel with a certificate of compliance, in a form provided for by FootageTravel, signed by an officer of your company.

Entire Agreement: No terms or conditions of this Agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by FootageTravel and accepted in writing by you. In the event of any inconsistency between the terms of this Agreement and the terms contained on any purchase order or other document sent by you, the terms of this Agreement will apply.

Waiver: No action of either party, other than an express written waiver, may be construed as a waiver of any provision of this Agreement.