www.WeatherVideoHD.TV
TERMS AND CONDITIONS FOR USE OF THIS SITE - AN AGREEMENT
Overview (In English)
Welcome to www.WeatherVideoHD.TV! Like all websites, we do have some rules and regulations, and since some of our services involve a binding legal agreement, you really need to review these carefully. We here will point out a few key highlights, but a detailed reading is advised before entering into any agreements. All material on this website is copyrighted, but visitors are free to roam the website and view the various video clips and stills (Digital Assets). By doing this you do accept these Terms and Conditions for Use of This Site. For those who Register and open an Account, and agree to the terms of the License for Downloading and Use, we provide the ability to create and share Review Bins and to download comps of our videos and images (for mock ups, evaluations, etc.). Of course, you may also proceed to purchase the right to use these Digital Assets under the terms of either a Standard or Extended royalty free license. As with all similar licenses, you, or the organization for which you are acting as agent, only obtain the rights to use these Digital Assets for certain specified purposes, and in no way obtain copyright or ownership. No materials on this Site, whether with or without watermarks or with or without the provision of credits, may used for educational purposes under what is often termed "Fair Use," as we are marketing the Digital Assets directly to the educational establishment. Your license is not valid until payment has been received and cleared. We cannot be held liable in any way shape or form for your use upon licensing of the content of Digital Assets. You, not us, are obligated to assess whether a Digital Asset requires any model or property release, clearance or other permission (although for most of our offerings this is a moot point). You must also note if some Digital Assets are restricted to editorial use only. We are not responsible for any failures in Site hardware, communications, archiving of information or suitability of licensed Digital Assets or accuracy of the accompanying information (though we try really hard to get it right). We do enforce violations of copyright laws and intellectual property theft. If you use this website to download or purchase items, you are legally bound by this Agreement and the Licensing Agreement for This Site. Some of the language makes us sound rather cranky, but lawyers make us say these things. We try to be cool about stuff, like doing no evil and such, and we really do like to treat our customers as well as we know how and provide a valuable service as best we can.
The Agreement (In Lawyerese)
- Purpose and Definition of Terms
- The Website Ownership and Operations
- Registering to Open an Account
- Usage of Review Bins and Comps
- Licensing Digital Assets
- Termination of Use
- Privacy
- Intellectual Property
- Fair Use
- Property and Model Releases/Clearances
- Indemnification
- Disclaimers, Warranties and Limitations of Liability
- Offsite Links
- Linking to Our Sites
- Refund Policies
- Claims of Infringement
- Resolution of Disputes
- Sufficient Legal Age and Responsibility
- Applicable Law and Venue
- Entire Agreement and Acknowledgement
- Changes to This Agreement
- Severability
- Miscellaneous
- Contact Us
Purpose and Definition of Terms
The following Terms and Conditions for Use of This Site (the "Agreement") constitutes an agreement between you and/or any organization for which you may be acting as agent ("You, "Your") and FMA, Inc./Sky Fire Productions, Inc., ("us," "we," "our," "the Company"), the operator of www.WeatherVideoHD.TV (the "Site"). When we refer to "you" (and "your") we mean you personally, if you are acting as an individual, or the organization, company, government agency or other entity for which you are acting as purchasing agent. By using this Site, you implicitly agree to accept and be legally bound by all of the Terms and Conditions for Use of This Site, its Privacy Policy, and if applicable, any License for Downloading and Use. Please read this, and all associated agreements, carefully as they do affect your legal rights. We may alter or expand the terms of these agreements and prices without any prior notice to you at any time. The latest version in effect will be posted on the Site. No alteration of this Agreement by you will be binding upon us unless expressly agreed upon in writing and signed by an authorized agent of the Company. You acknowledge that the Site presents and makes available for download in digital form various video footage, video and/or audio files, computer animations and backgrounds, flash files, Power Point and Keynote files, still images and other similar material in a variety of formats and resolutions, whether watermarked or not, collectively called "Digital Assets." These Digital Assets are fully protected by copyright or other proprietary rights that belong either to us or the Site’s contributing suppliers. These Digital Assets are fully protected by copyright at any resolution, whether watermarked or not, and whether downloaded for purchase, as comps for evaluation, or as part of a Review Bin allowed to be shared with others for inspection only. Any degree or manner of alteration of the Digital Assets in no way eliminates the existing copyright. These Digital Assets may be used by you only according the terms of either the Standard or Extended Royalty Free license which is purchased through the Site's online store. If you do not accept all the terms of the several Agreements, please discontinue your use of the Site.
The Website Ownership and Operations
www.WeatherVideoHD.TV is operated by FMA, Inc./Sky Fire Productions, Inc., a Colorado Corporation (the "Company"). The Site presents for review, downloading and royalty free licensing for use, certain Digital Assets, which are comprised of video footage, video and/or audio files, computer animations and backgrounds, flash files, Power Point and Keynote files, still images and other similar material in a variety of formats and resolutions. Digital Assets offered for licensing are either owned and copyrighted by us, or we are acting as the distribution agent for the primary copyright holder. All materials on this Site are copyrighted. The watermark used is © 2010 www.WeatherVideoHD.TV, and is applied to all Digital Assets regardless of primary ownership. The Site also contains descriptive and explanatory materials ("text material") in addition to the Digital Assets. While we attempt to verify the accuracy and suitability of these text items, we can make no warranties or representations, nor be liable for any harm or damages resulting from an omission or inaccuracies of the text materials available on the Site. We take considerable effort to maintain continuous service and access for customers, but we cannot guarantee that the Site, or all parts of its functionality, shall be available at any given time, and cannot be held responsible in any way by visitors or clients for disruptions in the Site functions or communication links to it. For our treatment of your personal information and any statistical information collected from visitors, we refer you to the Privacy Policy.
Registering to Open an Account
Visitors are free to inspect the Digital Assets and accompanying text information that is presented on this Site without Registering to open an Account. However, in doing so you are implicitly agreeing to these Terms and Conditions for Use of the Site. You must register and open an Account if you wish to do any of the following: (1) place Digital Assets in one or more Review Bins, (2) share access to one or more Review Bins with others, such as clients or colleagues, (3) download lower resolution, watermarked comps for inspection to determine their suitability for a project or present them to a client or colleague, and (4) actually license the use of a digital asset and download the non-watermarked versions for their approved use. The personal information you voluntarily place in the Account will be kept on file in order to facilitate
the process of obtaining any Licenses for Download and Use that you may wish to acquire. If you do not wish to keep such information in our permanent file, you may simply provide that information, along with required financial information (credit cards numbers, etc.) at the actual time of purchasing a License for Downloading and Use of one or more Digital Assets. When you register as a Site user, or purchase a License, you warrant that you are providing us via this process accurate, complete, and current information about yourself and your organization. If you continue as a user of the Site and the information required from a registered user changes, you will update that information in a timely manner. When you register as a user of the Site, a password and a user account name will be provided. You are solely responsible of any use of the Site or purchases made under this user account name and password. Please protect them. Persons other than yourself may utilize the user account name and password under your supervision, and you thus assume all responsibility and any liability for their use of the Site or Digital Assets downloaded by such individuals.
If there is a security breach of any kind in which you believe your user account name and password may have been compromised or stolen, you agree to notify us promptly and to arrange for obtaining a new user account name and password (Security@WeatherVideoHD.TV). Please refer to the License for Downloading and Use for a complete description of your obligations.
Usage of Review Bins and Comps
If you have registered and opened an Account, you are granted permission to place Digital Assets in one or more Review Bins. This functionality allows you to select and store in a given location those assets you are considering for a given project. If you wish to share these web pages with a colleague, c client or other interested party, you are free to provide them the URL link at no cost. From the Review Bi, you are also able to select those Digital Assets from which you can download complimentary copies ("comps"), which will be watermarked and a lower resolutions that that at which they were acquired. You are free to utilize these in layouts, mock-ups, time lines, or similar activities to assess their suitability. You may share these derived products with clients for thei inspection. However, you may not provide the actual files of these comps with any third party. They must register and open an account themselves if they wish to obtain these. We will attempt to keep the Review Bins of all register users on file for at least 12 months after their creation or update, though we assume no responsibility whatsoever if this does not happen. Any comp files downloaded may stay on your computer systems, as long as they are protected from redistribution to others not included under the License, for no more than 6 months. You are free to re-download such comps again. Unless payments for actual Use of these assets has been made, you may not use the comps for any other purpose than evaluation for a project, except by obtaining explicit written permission from us. Please refer to the License for Downloading and Use for a complete description of your obligations.
Licensing Digital Assets
The right to use Digital Assets dowloanded from the Site requires the purchase of a License to Download and Use specific assets at the prices listed. No license is valid without the payment process being completed. The licenses in no way transfers ownership or copyright to these materials, merely they grant permission to use them for the purpose allowed in the License. These Royalty Free licenses are in perpetuity, worldwide, non-exclusive and non-transferable. The licenses from www.WeatherVideoHD.TV are generally rather broad and have fewer restrictions that found in many Royalty Free licenses. However, there are some, which must be honored. In particular, there are both Standard and Extended Licnense which define the number of users who have access to and may further use the acquired Digital Assets. The extended license costs more and this payment must be arranged for at the time of check out in the shopping cart. Please familiarize yourself with the details of the Standard and Extended Licenses before making your purchase. Please refer to the License for Downloading and Use for a complete description of your obligations.
Termination of Use
www.WeatherVideoHD.TV may at its sole discretion and without prior notice to you, limit or terminate your access or use of the Site for any violation of the several Agreements of Licenses, or for any conduct, which on our sole opinion negatively impacts the functionality of the Site. If this termination is for cause,
we will not be obligated to refund any payments made by you to us. In addition to any violations of the Agreements and Licenses, we may terminate you without prior notice for any excessive usage of the resources of the Site. You may also terminate your Account and erase any information at any time but following procedures described on the Site, except for that maintained in our files required to track and enforce Licnense terms or billing. You agree to use this Site only for lawful purposes, and to comply with any and all applicable laws and regulations in connection with your use of the Site. You will not use the Site in any manner, which could disrupt the ability of others to use the Site for its intended purchase. You may not retrieve or extract any information or materials from the Site by other than the means made available to you by us to do so. You agree that you or those using your user account name and password will not intentionally or unintentionally make excessive demands upon the communication bandwidth and other capacities of this Site. Such disruptive usage will be designated by us at our sole discretion, and will result in your loss of access to the Site as well as any other actions as we may be deem appropriate. Someone who has been bared from the Site shall not be given your password and user account name to access or use the Site’s services. You agree to use any information or Digital Assets downloaded or licensed from the Site for lawful uses. Failure to abide this will result in termination of use without requirement prior notice to you.
Privacy
We do not sell, rent or otherwise distribute any personal information about you to third parties, other than as needed for the completion of payments or shipping of items ordered. Personal information collected on this Site is used only for the fulfillment or your requests or orders. We do collect statistical information on Site visitors but these are not used to identify any specific individual visitor behavior. We take Site security matter seriously. You agree, however, to release and hold us harmless if for any reason, in spite of our efforts, there is a failure of our efforts to maintain privacy (such as by unauthorized access to or hacking of the Site, etc.). Please review the entire Privacy Agreement for further information. By use of this Site, you have agreed to our Privacy Agreement.
Intellectual Property
All text and Digital Assets available on the Site are copyrighted either by third party suppliers or us for we act as licensing agents. The appearance of the Site is protected trade dress. The following are trademarks or service marks of FMA, Inc.; Sky Fire Productions, Inc.; www.Sky-Fire.TV; Sky-Fire.TV; www.WeatherVideHD.TV and WeatherVideoHD.TV. All material, including but not limited to, written, video, image and graphic design content on the Site and the layout of the Site are copyrighted by FMA, Inc./Sky Fire Productions, Inc. or the Site's contributors.
Without registering as a user and executing a License for Downloading and Use Agreement, none of the informational material or DigitalAssets on this Site may be used for any purpose other than for online previewing the stock video clips or still images for potential purcase You will be required to register and execute a License for Downloading and Use, and if purchasing Digital Assets, arrange for payment to be received, before you may use any Digital Assets from This Site.
No component of this Site or its content may be copied or redistributed by any means.
The exceptions are by registered visitors who may wish to share Preview Bins with colleagues or employ low resolution, watermarked comp versions of the assets in pre-production design, mocks ups, storyboards or time lines for a limited period of time. Unless the Digital Asset use has been permitted by purchase of a License for Downloading and Use, any other reproduction, modification, distribution, public performance or display, transmission, publication or broadcast, lending or gifting of the Digital Asset is strictly prohibited
Fair Use
Many think that if something is posted on the Internet it may be used without permission, perhaps by simply crediting the source, or without obtaining a required license. This is not so. While academics may use certain items in the classrooms under so-called Fair Use provisions, this is not the case for those items, which are explicitly being marketed for educational use, as are all text and the Digital Assets on this Site. You may not use any text or digital asset obtained from this Site, whether watermarked or not, and whether
credited or not, for any classroom use, public outreach program, distance learning web Site or any other use, without first obtaining the appropriate licensing. We do, however, strive to keep the cost of licensing lower resolution versions of our Digital Assets as minimal as possible so that they will be affordable to educators, both formal and informal.
One exception may be Digital Assets that the Site makes available though agreements with certain government agencies and educational institutions. If these are made available through this Site, a license may be required (perhaps at no cost), and crediting may be needed as a requirement of use. If these specific Digital Assets can be used as in typical Fair Use situations, the items will be clearly identified as such on the Site. If this indication is not explicitly provided in the Digital Asset supporting description, then Fair Use does not apply. Questions? Contact: FairUse@WeatherVideoHD.TV.
Property and Model Releases/Clearances
Often stock footage or images require model and property releases and clearances. Given the nature of most of our offerings (shots of the sky or rural landscapes), such releases are not typically an issue. However, for those video clips containing persons, landmarks, trade marks or logos or other items of similar nature that may require permission for your use, we will provide our best judgments as to whether or not a release, clearance or permission are required or clearance. However, this assessment is just our informal guidance. You, the user of any of the Digital Assets, are solely responsible for obtaining any model or property releases, clearances or other permissions that may be needed. You will hold us completely and totally harmless and indemnify us for any costs or any damages or obligations resulting your failure to obtain any required releases, clearances or permissions. Any help we may provide in assisting you in these matters will be strictly advisory, and again, we are to be held by you completely and totally harmless for any such assistance. You will also hold harmless and indemnify any third party contributor of Digital Assets that we licensed on their behalf for any damages or costs incurred resulting from your failure to obtain required releases, clearances or permissions. Most Digital Assets are labeled suitable for both editorial and creative uses. Some may be restricted to editorial usage only. You agree to limit your usage of any Digital Asset so marked.
Indemnification
You or the organization for which you are acting as purchasing agent, agree to indemnify, hold harmless and defend us (FMA, Inc./Sky Fire Productions, Inc., dba as www.WeatherVideoHD.TV (the "Company"), including all our affiliates, officers, directors, employees, owners, agents, representatives, content providers, licensors and Site contributors [together, the "Indemnitees"]) from and against all claims, expenses, attorney fees, punitive damages, court costs, and any other and all liabilities and costs arising out of, or related to, your use of the Site and the use of any Digital Asset and associated text materials, including your failure to honor any restrictions regarding the use of any Digital Asset and supporting text material, or any claim by a third party related to the use of a Digital Assets or supporting text materials. This includes any claims from your failure to properly determine any requirement for a model or property release, clearance or permission by your use of a Digital Asset (see above). You agree to defend, indemnify and hold us (the "Indemnitees"), including our content providers, harmless from any losses or damage arising from any authorized or unauthorized use of your password or user account name. The Company has a policy not to supply your personal information to third parties, except as required by law, and uses such information only for the purpose of providing you with services you request, such as completion of credit card purchases and distribution of licensed Digital Assets through third party communication systems. We will make our best efforts to securely maintain all registered user information. You agree to release and hold us harmless for any damages arising out of any failure by us of such efforts. You agree to release and hold us harmless for any damages arising out of your use of the Site, including but not limited to the unavailability, failure or improper operation of services provided, or the ingest of malicious code, such as computer viruses, inserted on the Site by others or the malicious or improper use of your information by hackers who might penetrate the system in spite of our best efforts, or who may transmit annoying or harmful "spam" under the guise of the Site’s URL or email addresses. We do reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. If we do this, it shall not excuse your obligations under this Section.
Disclaimers, Warranties and Limitation of Liabilities
In using this Site, you expressly understand and agree that we, the operators of the Site (the Company), provide you with Digital Assets and supporting text materials on an "As Is" and "As Available" basis. Your use of the Site is at your sole risk. To the fullest extent possible pursuant to applicable law, we (the Company) expressly disclaim all warranties of any kind, explicit or implied, including but not limited to, the implied warranties of merchantability, fitness for any particular purpose, satisfactory quality, and non- infringement of copyright, trademarks or other intellectual property, or that the Site or any of its services will be uninterrupted or error-free. We (the Company) make no warranty that the Site shall be uninterrupted, timely, error-free or free from viruses, spy ware, worms, Trojan horses or other code with malicious disruptive and/or destructive features. If we (the Company) were to provide you with advice, suggestions or information, either in oral or written form, either via use of the Site or by other methods, this shall not create any warranty that is not expressly stated in this Agreement. We (the Company) can assume no liability or responsibility whatsoever from your possession or use of any materials (Digital Assets or text materials) obtained by your Use of the Site. We do not warrant the results of any use of any communication network connection to or from the Site, or that at all times we may be able to promptly download any Digital Assets for which a license has been purchased, or that they may not be corrupted during the process of transmission. Except as stated in this Agreement or on this Site, or otherwise may be required by applicable law, neither the Company nor all our affiliates officers, directors, employees, owners, agents, representatives, content providers, licensors and Site contributors will be liable for any kind of damages claimed by you or by any other third party, including without limitations, for lost profits, direct, indirect, consequential, exemplary, special, punitive, incidental or any other claimed damages, which might arise from your use, or inability to use, the Site, or any Digital Assets or text downloaded or licensed. You agree that in no case shall we (the Company or any of its affiliates) be liable for any damages whatsoever, even if we have been advised of the possibility of such damage, for your Licensing use of any specific Digital Asset or text material for any monetary amount greater than the amount billed and paid by you.
Offsite Links
This Site may contain links (URLs) taking a visitor to other web sites operated by third parties. These other sites are not part of our Site and we are in no way responsible for their content nor any harm that may result from your accessing these third party sites.
Linking to Our Site
We would be pleased to have you and your organization link your website to our Site if appropriate. We do, however, request that you first contact us (links@WeatherVideoHD.TV) to obtain our specific permission to do so. We will respond as promptly as possible. We would be happy to explore the possibility of reciprocal links if your site would have content of interest to our visitors.
Refund Policies
All sales and downloads are final. No license is valid until payment is arranged, processed and accepted. The failure to use any downloaded Digital Asset is not grounds for refund, nor is the downloading of a Digital Asset by mistake. As a rule, since you are allowed to preview the Digital Assets and download comps for further inspection before purchase, downloaded purchases of Digital Assets are non-refundable, including if you later decide they do not meet your needs. If for some reason a Digital Asset is believed to be defective or not as portrayed or described, we will, at our sole discretion, provide either a suitable replacement, a monetary credit for the purchase of another Digital Asset, or a refund if we believe this is appropriate. At our sole discretion, any refunds will usually be made using the means of payment (credit card or check or wire transfer). If you are dissatisfied with a Digital Asset because it appears not have been properly described or corrupted during the delivery process, do contact us as
Complaints@WeatherVideoHD.TV. We are happiest when you are very, very happy as a result doing business with us.
Claims of Infringement
We are strong advocates of intellectual property rights, both ours and those of others, as defined in the Digital Millennium Copyright Act. Many of the Digital Assets marketed on the Site are completely owned and controlled by us. We do, however, also market Digital Assets supplied by third party contributors who must warrant that they indeed control and are, or represent, the sole owners of those assets they offer to us in order to serve as their licensing agent. In the event that someone believes that their intellectual property rights or copyrights have been infringed by any Digital Asset offered on the Site, we request that you inform us immediately. Please submit a notification of claimed infringement by contacting Dr. Walter Lyons, President, FMA, Inc. /Sky Fire Productions, Inc., 46050 Weld County Road 13, Fort Collins, CO, USA 80524 or via email (infringement@WeatherViedoHD.TV). Any copyright infringement claims shall be brought in the Courts of the State of Colorado.
Sufficient Legal Age and Responsibility
By using this Site, you warrant that you are of sufficient legal age (generally 18 years of age in most jurisdictions) and are able to enter into any binding legal obligations for any liabilities you may incur either for yourself personally or the organization on whose behalf you are acting as agent. Any child (generally a person under age 18) must have a parent or legal guardian supervised and is responsible for any download or licensing of Digital Assets or text content. In order to subscribe to newsletters or promotional emails, you must be of legal age (generally 18 or older). If a parent of legal guardian purchases a Digital Asset license, information services or subscribes to newsletters of promotional emails on behalf of a person not of sufficient legal age, then they are bound by the Terms and Conditions of Use of This Site, Privacy Policy and License for Download and Usage of Digital Assets from This Site. A parent or legal guardian must supervise all usage by minors of the Site whether they are Registered with an Account or not.
Applicable Law and Venue
Disputes that may occur from the use of this Site and its several Agreements shall be governed, construed and interpreted according to the laws of the State of Colorado. The venue for any and all disputes arising under these several Agreements shall lie within the Courts of Colorado in Weld County. You or the organization on whose behalf you used the Site’s services agree to personal jurisdiction in the courts of the Sate of Colorado (Weld County) and may not bring actions against us in other jurisdictions. The failure of FMA, Inc. / Sky Fire Productions, Inc. to exercise or enforce any right or provision of these Terms and Conditions for the Use of This Site Agreement shall not constitute a waiver of that right or provision. You consent to be served of any required notice or process by registered mail or overnight courier with proof of delivery at the address provided in your Account. Users of this Site agree that if any disputes arise from the ordering, downloading and licensing of products, information or Digital Assets from This Site, the matter will initially be submitted for settlement in Colorado by binding arbitration if we so elect. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of Colorado, and you agree that the arbitrators will award all costs of arbitration, including any legal and related fees, to the successful party. If we must to go to court, rather than submit to arbitration in order to enforce any part of this Agreement, or to obtain payment of any fees, you agree to reimburse us for all our legal fees and any related costs if we prevail. Having stated this, we shall retain the right to pursue any legal action or proceeding before any other court with jurisdiction anywhere in the world in order to obtain injunctive relief if we deem such action necessary.
Entire Agreement and Acknowledgement
You hereby acknowledge that you have read and understand this Agreement and consent to be bound by it. Also, by use of the information and products found on this Site, you have understood and agreed to the Site’s Privacy Policy. If you have executed a License for Downloading and Usage, you warrant that you understand, agree to and are bound by that License. We urge you to read this and these other Agreements and Licenses carefully. Unless specifically stated otherwise in writing and signed by FMA, Inc./Sky Fire Productions, Inc. (the Company), the Agreements entered into in the course of your use this Site constitute the entire agreement between you and us.
Changes to This Agreement
At our sole discretion, we reserve the right to alter any portion of this Terms and Conditions of Use of This Site Agreement at any time of our choosing without prior notice to you. Any revisions, upon posting on the Site, become effective immediately. You should revisit the Site from time to time to become aware of any changes or alterations in these Terms and Conditions of Use of This Site. If you cannot agree to these changes, please terminate your account and desist from using the Site. Continued use of the Site after the posting of changes in the Terms and Conditions of Use of This Site means that you have agreed with and accepted the changes.
Severability
If one or more items or provisions of any of the Agreements entered into in the course of using the Site are found to be unenforceable for any reason, all remaining items in the Terms and Conditions of Use of This Site Agreement, the Privacy Policy and the License for Download and Usage shall be fully enforceable on their remaining terms.
Miscellaneous
We reserve the right to change the prices of products at any time. The price advertised on the Site paid at the time of downloading remains the amount due regardless of any subsequent increases or decreases of the price for licensing that Digital Asset. Financial transactions are conducted in U.S. dollars.
Contact Us
If you have questions, concerns, complaints, suggestions or even complements, we can be reached via email (info@WeatherVideoHD.TV) or by mail at:
FMA, Inc. / Sky Fire Productions, Inc.
www.WeatherVideoHD.TV
46050 Weld County Road 13
Fort Collins, CO 80524
If you need to talk with us via phone, please email us and we will send you a number that can be used to reach us directly. We will make every effort to respond promptly. However, sometimes we are on travel to shoot on location, which may result in delays, and we apologize in advance if this were to be the case.
© 2010 FMA, Inc. / Sky Fire Productions, Inc., dba www.WeatherVideoHD.TV . All rights reserved.
Last updated 10 February 2010