BLUE SKY STOCK FOOTAGE WEBSITE TERMS
PARTIES AND AGREEMENT
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT
BETWEEN YOU AND BLUE SKY STOCK FOOTAGE ("BSSF"), INC. ("BSSF" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK THE CANCEL BUTTON TO DECLINE THIS AGREEMENT, AND DISCONTINUE USING THE SITE.
This website (the "Website") is owned and operated by BSSF. All of the content featured or displayed on the Website, including, but not limited to, graphics, text photographic images, moving images, sound, illustrations and software ("Content"), is owned and controlled by BSSF, its licensors and its content providers. All elements of the Website, including, but not limited to, its general design and the Content, are protected by copyright, trademark, trade dress, droit moral, and other laws relating to intellectual property rights. The website, together with its Content and all related rights shall remain the exclusive property of BSSF, its Content providers, and its Licensors unless otherwise expressly agreed.
You may visit the Website and peruse its contents for the purpose of identifying and locating Content for which you may wish to obtain a license from BSSF for various types of uses.
RESTRICTIONS ON USE
Except as expressly permitted under this or another agreement with BSSF, no portion or element of the Website or its Content may be reproduced, retransmitted, modified, publicly performed or displayed, reverse engineered, decompiled, sold, sublicensed or otherwise exploited in any manner or medium.
Further, as a condition of your use of the Website, you represent and warrant to BSSF that you shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
- provide true, accurate, current and complete information about yourself and your company as prompted by the Website?s registration form (such information being the "Registration Data") and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Upon completing the registration process, you shall receive a password and user name. The confidentiality of the password and user name shall remain your sole responsibility, and you shall be fully responsible for all activities that occur under your password or user name.
You agree to
- immediately notify BSSF of any unauthorized use of your password or user name or any other breach of security,
- ensure that you exit from your account at the end of each session,
- defend, indemnify and hold harmless BSSF from any loss or damage arising from unauthorized use of your password or user name.
You shall defend, indemnify and hold BSSF, and any of its principals, owners, shareholders, parent companies, subsidiaries, affiliates and licensors harmless against any losses, expenses, costs or damages, including reasonable attorneys? fees, incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND BSSF EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT BSSF, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
BSSF uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
The Website may contain links to other websites; however, these other websites are neither owned nor controlled by BSSF which cannot be responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against BSSF relating in any way to the inclusion of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. In such event, or in the event that any of the foregoing disclaimers, waivers or indemnities is deemed or held to be unenforceable, then BSSF?s liability to any given person or entity shall not exceed $100.
This Agreement shall be interpreted, construed and governed by the laws of the State of New Mexico, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of New Mexico in Santa Fe New Mexico or the Federal District Courts of the New Mexico (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, BSSF shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that BSSF determines that such action is necessary or desirable.