1. Use of the services and Fillerstock materials. The content available on the Fillerstock.com is protected by copyright laws throughout the world. Subject to these terms, Fillerstock grants you a limited license to reproduce Fillerstock materials for the sole purpose of using the services for your personal commercial or non-commercial purposes.
1.2 Certain restrictions. Except to the extent expressly permitted in any supplemental terms, the rights granted to you in these terms are subject to the following restrictions:
1.3 You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the website or any portion of the website, including any Fillerstock materials
1.4 You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Fillerstock materials (including images, text, page layout or form) of Fillerstock;
1.5 You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the website;
1.6 Access the Fillerstock materials in order to build a similar or competitive website or service;
1.7 Any unauthorized use of the website or the services terminates the licenses granted by Fillerstock pursuant to the terms.
2.0 Registration. Registering your account. In order to access certain features of the website, and the services you may be required to become a registered user. For purposes of these terms, a "registered user" is a user who has registered an account on the website ("account"). Registration data. In registering for the services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the services' registration form (the "registration data"); and (2) maintain and promptly update the registration data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the services under the laws of your place of residence or any other applicable jurisdiction. You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Fillerstock materials or the services by minors. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fillerstock has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fillerstock has the right to suspend or terminate your account and refuse any and all current or future use of the Fillerstock materials and/or the services (or any portion thereof). You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. Fillerstock reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You are responsible for all activities that occur under your account.
You may not share your account or password with anyone, and you agree to notify Fillerstock immediately of any unauthorized use of your password or any other breach of security.
3. Ownership. Fillerstock materials. You agree that Fillerstock and its suppliers own all rights, title and interest in the website, the services, the stock files and the Fillerstock materials. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website, the services, or the Fillerstock materials. Trademarks. Fillerstock and other related graphics, logos, service marks and trade names used on the website, in the Fillerstock materials or in connection with the services are the trademarks of Fillerstock and may not be used without permission in connection with any third party products or services.
Other trademarks, service marks and trade names that may appear on the website, in the Fillerstock materials or in connection with the services are the property of their respective owners.
4. Fees and purchase terms. Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Fillerstock with valid PayPal account. You agree that by default the auto-renewal payment option is on, and after 1 year of usage your account at Fillerstock You will be charged automatically for the next year of usage. You may always cancel this auto-renewal option in Your PayPal account. If you have any difficulties with that you may always contact us for help through the contact us form available on Site. Your payment provider agreement governs your use of the designated credit card or other payment account, and you must refer to that agreement and not this agreement to determine your rights and liabilities. By providing Fillerstock with your credit card number or other payment account and associated payment information, you agree that Fillerstock is authorized to immediately invoice your account for all fees and charges due and payable to Fillerstock hereunder and that no additional notice or consent is required. You agree to immediately notify Fillerstock of any change in your billing address or the credit card or other payment account used for payment hereunder. Fillerstock reserves the right at any time to change its prices and billing methods, either immediately upon posting on the website or by e-mail delivery to you.
Service subscription fees. You will be responsible for payment of the applicable fee for any services (each, a "service subscription fee") at the time you create your account and select your annual package (each, a "service commencement date"). Except as set forth in these terms, all fees for the services are non-refundable. No contract will exist between you and Fillerstock for the services until Fillerstock accepts your order by a confirmatory e-mail or other appropriate means of communication.
5. Automatic renewal. Your subscription will continue indefinitely until terminated in accordance with the terms of this agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a "renewal commencement date") and continue for an additional equivalent period, at company's then current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the renewal commencement date by logging into your account or contact us. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize company to charge your payment provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if company does not receive payment from your payment provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that company may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.). We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.
6. Disclaimer of warranties. As is. You expressly understand and agree that to the extent permitted by applicable law, your use of the website and the services is at your sole risk, and the website and the services are provided on an "as is" and "as available" basis, with all faults. Fillerstock parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
The Fillerstock parties make no warranty, representation or condition that: (1) the website or the services will meet your requirements; (2) the website or the services will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the website or services will be accurate or reliable; or (4) any errors in the website or the services will be corrected.
7. Term and termination. Term. These terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the website or any services, unless terminated earlier in accordance with these terms. Prior use. Notwithstanding the foregoing, if you used the website or any services prior to the date you accepted these terms, you hereby acknowledge and agree that these terms commenced on the date you first used the website or the services (whichever is earlier) and will remain in full force and effect while you use the website or any other services, unless earlier terminated in accordance with these terms. Termination of services by you. If you want to terminate any services provided by Fillerstock, you may do so by (a) notifying Fillerstock at any time and (b) closing your account for all of the services that you use. Your notice should be sent using the Contact Us form on site.
Termination of services by Fillerstock. Fillerstock has the right to modify, suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations for cause shall be made in Fillerstock’s sole discretion. Effect of termination. Termination of any service includes removal of access to such service and barring of further use of the service. Termination of all services also includes deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), including your content. Upon termination of any service, your right to use such service will automatically terminate immediately. Fillerstock will not have any liability whatsoever to you for any suspension or termination, including for deletion of your content. All provisions of these terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You may have rights relating to stock files that extend beyond such termination under the applicable supplemental terms.
8. Electronic communications. The communications between you and Fillerstock use electronic means, whether you visit the website or send Fillerstock e-mails, or whether Fillerstock posts notices on the website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Fillerstock in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Fillerstock provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Assignment. These terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Fillerstock's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
9. Force majeure. Fillerstock shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of god, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Dispute resolution. If you believe that Fillerstock has not adhered to these terms, please contact Fillerstock by using Contact Us form on site. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. Choice of law and venue. This agreement and any action related thereto will be governed and interpreted by and under the laws of the state of delaware, without giving effect to any conflict of laws principles that require the application of the law of a different state, consistent with the federal arbitration act. The united nations convention on contracts for the international sale of goods does not apply to this agreement.
10. Choice of language. It is the express wish of the parties that these terms and all related documents have been drawn up in english. C'est law expresse des parties presente convention que les documents qui rattacent rediges en anglais.
11. These terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
B. License agreement
Fillerstock.com Royalty Free License Agreement
This agreement between you and fillerstock governs the terms by which members of fillerstock.com obtain the right to use video clips, that are made available for download through www.fillerstock.com
1. License. Any download of a stock file is a license, not a sale. Subject to the terms of this agreement and your compliance with this agreement, fillerstock hereby grants to you a limited, non-exclusive, non-transferable, worldwide right to use any stock file you download solely as incorporated into a work with substantial value added by you such that the transformed or derivative work is not recognizable as the stock file nor is the stock file capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a “derivative work” for the purposes of this agreement).
As long as you meet the foregoing restriction, you may use the stock files in nearly any project, including feature films, broadcast, commercial, industrial, educational video, print projects, multimedia, games, and the internet.
When we use the phrase “non-transferable,” we mean that except as specifically provided in this agreement, you may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone, the stock file or the right to use the stock file.
A. Limitations. The stock files may not be: (i) sold, licensed or otherwise distributed on a stand-alone basis, as a stock file, shared with any non-licensed individuals including, but not limited to, colleagues or clients, or included in any other media or stock product, library, or collection for distribution or resale; (ii) used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the stock files, or any part thereof; (iii) made available on a web page or other display as a separate or downloadable reusable file; or (iv) disassembled, decompiled, reverse engineered, translated, or otherwise decoded.
You may however, transfer stock files to a third party for the sole purpose of causing such third party to produce or manufacture derivative works subject to the terms and conditions herein. If you provide stock files to a client as part of your work product, the client may not reuse the stock files for any purposes other than a review of your work product without purchasing a separate license.
Prohibited uses. (i) you may not use stock files, nor encourage others to use the stock files, in any way that: 1) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities; 2) harms minors in any way; 3) makes available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); 4) make available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; 6) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; (ii) additionally, you may not use any stock files that depicts any person therein in a way that a reasonable person might find offensive, which includes, but is not limited to, the use of stock files: 1) in pornography, "adult videos" or the like; 2) in ads for tobacco products; 3) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; 4) in connection with political endorsements; 5) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products or services, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and 6) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
You may not use stock files containing the likeness of a person if such use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
a. Ownership. Fillerstock retain all rights, title, and interest in and to the stock files not expressly granted in this license. Such rights are protected by the international copyright laws and 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. As between you and us, you may own your derivative works, provided that we retain ownership in the stock files.
b. Editorial use. In addition to the limitations set forth in section 1(a) above, to the extent any stock files contain identifiable talent or property, such stock files may be used only for noncommercial and non-promotional purposes. All editorial files have the Place and Date information at the start of the description. For example: COPENHAGEN, DENMARK - SEPTEMBER 15, 2015: or BANGKOK, THAILAND - NOVEMBER 02, 2015: and they also have the _ed as a postfix at the end of each downloaded filename. 2. Fees. You must have a current account on the site to download any stock file. All payments are non-refundable.
3. Limited non-infringement warranty. Provided that you are and remain in full compliance with this agreement, and subject to the limitations in section 6(b), fillerstock warrants solely to you that your use of the stock files in accordance with this agreement and in the form delivered by fillerstock will not infringe on any copyright, moral right, trademark or other intellectual property right of a third party and will not violate any right of privacy. The limited warranty will not apply: (i) if you have modified such stock file; (ii) for any claims relating to the work in which you incorporated the stock file(s); (iii) if you do not use the stock files in accordance with this agreement; or (iv) to any preview images, keywords, and descriptions associated with such stock files. The limited warranty is personal to you and may not be transferred or sold to any third party. You agree to promptly notify us if you know of or have any reason to believe that any stock file infringes the rights of any third party.
4. No other warranty. Except for the limited warranty: (i) fillerstock makes no representation or warranty of any kind under this agreement or relating to the stock files, whether express or implied, including any implied warranties of merchantability, fitness for any particular use, quality of image, noninfringement, or compatibility with any computer hardware or other equipment, operating system or software program; (ii) no fillerstock party (defined below) shall be liable for the use of, or the inability to use, the stock files; and (iii) all stock files are accessed at your own risk. You acknowledge that fillerstock has no obligation to review, monitor or screen stock files, although fillerstock it reserves the right in its sole discretion to do so, and fillerstock does not approve or endorse any stock files. Fillerstock does not warrant the accuracy of any categorization, keyword, caption or title of the stock file or the metadata that may be provided therewith. You shall be solely responsible for any damage to your property or person, including your computer system and any device you use to access the site or the services as a result of downloading any stock file.
6. General provisions. This agreement constitutes the entire agreement between you and us regarding the use of the stock files. Unless otherwise specified herein: (i) the word “including” means “including but not limited to”; and (ii) any reference to days will mean calendar days. All headings are for convenience only. If you believe that we have not adhered to this agreement, please contact us by Contact Us form available on site so that we will do our best to address your concerns.