Please read this license agreement (which might appear in this document also as just “Agreement”) carefully. This agreement is between you (the user) and Pro Video Factory, Inc.
Pro Video Factory, Inc. is the owner of the website www.provideofactory.com. Pro Video Factory, Inc. is the copyright owner of all the content found on its website. The following document governs the terms by which members of the website (www.provideofactory.com) obtain the right to use the media content (stock footage) made available for download through the website.
By downloading and using any media content (stock footage) found on the website you legally represent that you:
- Have read, understand and agreed to all the terms in this agreement
- Are of legal age in order to form a contract binding with the footage firm that is also the operator of the website
- Have the authority to enter this agreement or if legally represent a company to bind that company to this agreement.
The term “you” can represent either a an individual or a legal entity, either way it represents a user of the website, therefore the user is bind to this legal agreement.
If you do not agree to be bound by this agreement then you are legally not permitted to either download or use any stock files.
The following agreement supplements the Terms and Conditions of the website. You must first agree with the Terms and Conditions and afterwards comply with the current agreement. If there appears to be any inconsistency between this agreement and the Terms and Conditions, which by reference is already incorporated into this Agreement, the terms of this Agreement shall govern.
This Agreement can be subject to change any time by Pro Video Factory, Inc., at its sole discretion. Whenever a change is made Pro Video Factory, Inc. will post a new copy on the website. Any changes made to this Agreement will be effective immediately for any stock file that has not yet been downloaded. Pro Video Factory, Inc. may require you to provide consent for the updated Agreement in a specified manner before further using the website or using the Stock Files. If you will not agree to any changes after receiving a notice of any made changes, you must stop using the website and the stock files. If you persist in using the website or the stock files that will mean that you agreed with the made changes. We recommend to regularly check the website and review the current Agreement.
On this website there are no sales, therefore any download of a stock file is made as a license not a sale. Subjecting to the terms of this Agreement and your binding and compliance to this document, Pro Video Factory, Inc. grants you, an individual user and not a business identity, a limited, non exclusive and non-transferable global right to use any stock file that you download only as part of a work with substantial value added by you so that the final work or what is derived from you work to be not recognized as the initial stock file. The following stock file will not be downloaded, extracted or accessed by a third party as a stand-alone file. If this restriction is respected then the user can use the stock file(s) in almost any project. By defining project we include feature films, commercial, educational or industrial video, broadcast, multimedia, games, internet or print projects. Using the phrase “non-transferable” we mean that except as specifically named in this Agreement the user may not sell, rent, sublicense, give, loan or transfer to anyone the stock file or the right to use the stock file. Pro Video Factory, Inc. has the right to withdraw any stock files from the website at any given time and for any given reason.
Limitations of usage: Any stock file found on the website and available for download may not be part of a:
- selling, licensing or distribution as a stand-alone file or as a stock file with any non-licensed individuals including (without limiting to the mentioned) colleagues or clients, relatives or included or made available in any other media or stock library, product or collection for any kind of activity whatsoever including (but not limiting to) distribution, resale, presentation.
- Usage, be it in part or as a whole, as a service mark or trademark. The user may not claim any proprietary rights for the stock files, or any part of them.
- Web page where it can be made available or displayed as a downloadable separate or reusable file.
- Disassembling, decompilation, translation, decoding in any way or reverse engineering.
You (the user) may transfer the Stock Files to any third party with the sole purpose of causing the third party to produce derivative work that must be subject to the terms and conditions found in this document. If you (the user) provide any stock file to a client as part of your work or manufacturing, the client may not reuse the stock files for any other reason thant to review your work without purchasing a separate license.
Any enterprise must obtain a separate Enterprise License.
You cannot use stock files or encourage others to use them in any way that can be:
- Defamatory, obscene, libelous, unlawful, tortious, racially or ethnically towards anyone depicted, objectifying the subject in any way.
- Violating or encourages violation of any law or regulation that can be applicable
- Promoting discrimination, racism, harassment, hatred, bigotry, xenophobia or bring harm against any type of individual or group.
- Violent or can be promoting violence towards any individual or group of individuals.
- Threatening towards any type of individual or group
- Promoting illegal activities or activities that might harm other entities.
- Harming minors in any way possible whatsoever
- Impersonating any entity or person or falsely state any affiliation to that person or entity
- Hurtful to anyone by making available any content that you (the user) have no right to make available under any law or contractual or fiduciary relationships.
- With or without intention violating any applicable law or regulation or order of any court, in any state or country worldwide
- Infringing any person’s or entity’s right without any limitation, patent trademark, copyright, privacy or other contractual rights.
- You may not use any stock files that depicts someone from real life and that person can find it offensive. This might include: pornography, adult videos, ads for tobacco products, any type of promotion for adult entertainment clubs or venues similar to this, like escorting, dating, political endorsements, advertisements for pharmaceutical or healthcare products, services or products for personal hygiene, birth control products or services; uses that can be defamatory or contain any offensive, immoral or defamatory content.
- Any stock file may not be used if it will affiliate with the image or likeness of a person if such use depicted the person engages in any immoral or illegal activity or suffers of any physical or mental condition.
Ownership and editorial use
Pro Video Factory, Inc. retains all the rights and interest in and to the stock files. These rights are protected by the Canadian and International copyright laws and international treaty provisions.
You (not limiting to the user) may be held legally responsible for any infringement of copyright that can be caused by failure to abide the terms of the current Agreement. As for the user who produces its own derivative work, he may own his work with the condition that we retain ownership in the stock files made available.
In addition to the limitations exposed above, the editorial use of the stock files implies that stock files that contain any identifiable property or talent may be used for noncommercial and non-promotional purposes.
However any file that complies with the above mentioned talent or property is used in a commercial or promotional purpose, Pro Video Factory, Inc. cannot be held responsible in any legal manner whatsoever, therefore the file can be use at own legal risk.
In order to download any Stock File you must have an account on the Site, be it with free trial or a paid status. Some Stock Files require an additional license fee to download and use and if you agree to download the media you agree to pay all associated license fees to any Stock File you wish to buy. Moreover, you agree to pay all sales taxes, value added taxes or other duties imposed by various financial jurisdictions, depending on your subscription country, in order to download and use the Stock Files. All payments made on the Website are non-refundable.
3. Warranty for Infringement
With the condition that you continue to give your consent with this Agreement, Pro Video Factory Inc warrants solely to you, a singular user, that the way you access and use the Stock Files, should this remain in accordance with this Agreement, Pro Video Factory Inc will not infringe on any moral or copyright, trademark or other forms of intellectual property and will not contravene any of the privacy or publicity rights. This is named forwards “The Limited Warranty”. This will not apply in the cases of:
- Modified Stock Files
- Claims related to the work in which you used the Stock Files
- Usage of Stock Files inconsistent with this Agreement
- Images, keywords or previews associated with said Stock Files
The Limited Warranty extends only to you and it can not be transferred or sold to a third party. You agree to notify us immediately, should you have any reason to believe that any Stock Files violates the rights of any third party.
4. No warranty
With the exception of The Limited Warranty:
Pro Video Factory Inc does not represent any warranty under this Agreement or relating to Stock Files, image quality or hardware compatibility with other equipment or software
Pro Video Factory Inc will not be held responsible for the wrong use of Stock Files
All Stock Files are accessed and used at your own risk
Pro Video Factory Inc is not obliged to monitor and review Stock Files but it reserves the right to do so discretely. Pro Video Factory Inc does not guarantee an accurate categorization, keyword, or metadata of the Stock File. You are the only one responsible for any possible damage to your property, including computer hardware and software, or any other device you use to access or download the Stock Files.
5. Compensation and discharge
With the exception that there is a claim arising from the Pro Video Factory Inc breach of Limited Warranty, you will indemnify and hold Pro Video factory Inc harmless from any claims or demands; release the Pro Video Factory Inc parties and their stockholders from claims and demands or possible losses or damaging actions of any kind, that is directly or not related to any Stock Files and their use.
6. Limitations of responsibility
In no case Pro Video Factory Inc will be responsible for any incident, or damages of any kind , including the cost of procuring the goods and services that result from the Stock Files, to you or other third parties, except for the case presented below in section 6(2). Pro Video Factory Inc will not be held liable for more than the license fees, subscription fees for the third period during which your first claim and 10 dollars.
Despite other sections of this Agreement or other between Pro Video Factory Inc and you, the maximum liability of Pro Video Factory Inc for any breaches of the Limited Warranty, will remain limited to lesser of the direct damages suffered by you directly arising from such breach and one thousand dollars. This applies: regardless of the Stock File size, regardless of the number of Stock Files licensed by you, to any/all uses of the Stock Files, under this Agreement or any other under which you licensed the Stock Files. This section stands for a singular remedy and Pro Video Factory Inc’s exclusive liability for its breach of the Limited Warranty.
Some jurisdictions do not permit the limitations of certain damages. Should these laws apply to your case, some or all of the above limitations may not be applicable to you and you may have additional rights. The limitations above represent fundamental elements of a basic relationship between Pro Video Factory Inc and you.
7. Agreement cancellation
The license referred to above, for any Stock Files will be canceled automatically without any notice from Pro Video Factory, should you fail to comply with any sections of the Agreement relating to your use of Stock Files. If this happens you must immediately terminate any or all uses of Stock Files, delete or destroy said Stock Files from your device and system and if asked by Pro Video factory Inc confirm in writing that you completed the requirements.
Your payment obligations and Pro Video Factory Inc’s rights in partnership with these obligations will remain active despite any termination or expiration of the Agreement. In the event the license cancels for any Stock File or if the Agreement is terminated, the Limited Warranty and Section 6(2) will not survive termination. This paragraph come in addition to any other right Pro Video Factory Inc may have as a result of any breach of the Agreement. As a result of cancellation, neither parties will be entitled to damages.
After receiving notice from Pro Video Factory Inc that any of the Stock Files may be subjected to a threat or claim of infringement of another’s right for which Pro Video Factory Inc may be held responsible, you will immediately and at your own expense: a. Stop using the Stock Files and all derivative work; b. Delete or remove all Stock Files from your library, computer system and storage systems and all derivative work containing said Stock Files; c. make sure that any third party which has been shown or owns the Stock Files available does the same. Pro Video Factory Inc will replace said Stock Files (which will be chosen by Pro Video Factory Inc in a state of reasonable judgement) free of charge, but with different terms and conditions of this Agreement. Pro Video Factory Inc also reserves the right to refund you the license fee for said Stock Files, in case you paid a license fee.
8. General dispositions
This Agreement represents the whole agreement between you and Pro Video Factory Inc with regard to the Stock Files. If it is not specified in this document: the word “including” refers to “including but not limited to”, any reference made to days stands for calendaristic days. Should you feel that we do not adhere to this Agreement, please do not hesitate to contact us at firstname.lastname@example.org so that we will try to address your concern in the best possible way.