Terms and Conditions

Terms and Conditions QuanFootage

A FOOTAGE USE LICENSE grants you the right to use Footage:

In a multi-media production displayed or distributed via the web, on social media, using "Apps", or as otherwise disseminated in accordance herewith, provided the audience for such production does not exceed 750,000.

On websites and in connection with a live performance, provided the audience for all such performances does not exceed 350,000 people.

Rights for any kind of television broadcast is NOT included. Only included when purchasing a Television License.

If you want to go on television additional rights might be available available; please contact: mail@quanvision.com.

These are “single licenses” for one single End Product, so you will need a separate license for each different End Product.

You can only use the footage for lawful purposes.

RESTRICTIONS ON USE OF FOOTAGE
YOU MAY NOT:
Use footage other than as expressly provided by the license you purchased with respect to such visual content: STANDARD LICENSE, EDITORIAL LICENSE, TELEVISION LICENSE.
Use footage in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. If an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in connection with sensitive subjects.
Resell, redistribute, provide access to, share or transfer any footage except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying footage as, or as part of, a "gallery" of content through which third parties may search and select from such content.
Falsely represent, expressly or by way of reasonable implication, that any footage was created by you or a person other than the copyright holder(s) of that footage.
Use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, HBO, Hulu, Amazon, etc), or in theatre's.
Use "stills" derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.

LICENSES
1. STANDARD LICENSE - focussed on online usage as seen above and does NOT include television broadcast.
2. EDITORIAL LICENSE - usage for documentaries, productions subject to a general interest, etc. but not for commercial purposes.
3. TELEVISION LICENSE - includes the Standard License and adds Television License according an online calculator where you can select the details of emission; country, duration, etc. Released Footage.

Commercial projects normally require clearances from the rights holders of intellectual property, publicity rights of individuals, property, trademarks, etc. Commercial use means direct or indirect income-generating purpose by helping sell a product, raise money or to promote a product or service of any kind. QuanFootage does not provide any model or property releases with respect to the Footage and grants no rights and makes no warranties with regard to the use of people, names, trademarks or copyrighted designs or works of art or architecture depicted in any of the Footage unless the existence of such release is specified on the Site or in writing by QuanFootage.

Editorial projects do not require permission from the rights holder.
Editorial use includes anything of public interest intended to report, inform, educate or related to newsworthy events where there is no monetary benefit, either personal or commercial by the licensee. Examples of editorial use are: documentaries, or news broadcast reporting on a specific event of general interest.

Are there ways to use editorial images commercially?

A clip with Tiger Woods will be marked as Editorial License. To use this Footage commercially, you'd need to obtain separate permission from Tiger Woods. QuanFootage is not part of this process; you'd need to obtain proof of this special permission.

For better assessment of your situation in regards to clearances necessary please send us an email at mail@quanvision.com. We will help you determine whether releases are necessary or available for your project.


QUANFOOTAGE E-COMMERCE LICENSE AGREEMENT
The following E-Commerce License Agreement (“Agreement”) constitutes a legal agreement between you (collectively, “Licensee”) and QuanFootage. Licensee agrees to be bound by all of the terms and conditions of this Agreement. Licensee may not use any Footage from QuanFootage without agreeing to the terms and conditions of this Agreement.  If Licensee does not agree to any term and/or condition contained in this Agreement, then Licensee should cease using the Site and should not continue with the purchase of any license hereunder. 


TERMS AND CONDITIONS OF USE
In consideration of Licensee’s acceptance of the terms and conditions of this Agreement and payment of the required license fee, QuanFootage hereby grants to Licensee the non-exclusive right to incorporate and use the Footage, solely as specified herein and on Licensee’s transaction receipt/purchase order. This non-exclusive, non-transferable license granted to Licensee hereunder to use the Footage is subject to the following terms and conditions.


OWNERSHIP
This Agreement is a license, not an agreement for sale. Licensee does not acquire any right, title or interest in or to any Footage or other licensed material, and will not make, authorize or permit any use of the Footage or other licensed material other than as specified herein.  Accordingly, QuanFootage and/or the copyright owner (as applicable) shall retain all right, title and interest in and to the Footage, including, without limitation, the copyright thereto. 


USE/RESTRICTIONS ON USE
1. Licensee's right to use the Footage shall be only on the terms specified herein and in Licensee’s transaction receipt/purchase order, and Licensee shall not make, authorize and/or permit any use of the Footage and/or any other licensed material hereunder, other than as specified therein.  Notwithstanding anything to the contrary contained herein, Footage may not be used in any way by Licensee, and no rights are granted to Licensee, until payment of all license fees stated on the transaction receipt/purchase order are paid in full by Licensee and received by QuanFootage. 
2. QuanFootage agrees to license the Footage only on the condition that Licensee agrees to only use it in the specific context, extent and time period set forth herein and on Licensee’s transaction receipt/purchase order.  Any use by Licensee (or third parties) other than the use explicitly herein permitted hereunder shall be deemed a material breach of this Agreement, which shall entitle QuanFootage to immediately terminate and rescind this Agreement, as set forth below.
3. Licensee may not sell, rent, lend, distribute, sublicense and/or otherwise transfer to any other person or entity the right to use and/or reproduce the Footage in any production other than for the production stated on Licensee’s transaction receipt/purchase order (“Licensee’s Production”), and Licensee will make reasonable best efforts to prevent any and all third parties from doing same.  Notwithstanding the foregoing and for purposes of clarification hereunder, nothing herein shall be construed to prevent and/or prohibit Licensee assigning, licensing and/or otherwise transferring this Agreement and/or from selling, renting, licensing and/or transferring Licensee’s Production (with the Footage herein licensed contained in such Licensee’s Production) to any person or entity in connection with and for the purpose of the distribution and/or exploitation of the Licensee’s Production.
4. Licensee may not superficially modify, edit and/or change the Footage in any manner and/or sell it to others for consumption, reproduction and/or resale (e.g., reselling the Footage as a screensaver and/or desktop background).  In addition, Licensee agrees that the Footage may not be used: (i) for any pornographic, libelous, defamatory or other unlawful purpose; or (ii) in a manner that would tarnish, damage or harm the rights of another; or (iii) as a trademark or service mark; or (iv) in violation of any law in any jurisdiction and/or in violation of any trademark and/or copyright rights of others.
5. No model releases and/or other releases exist on any Footage (e.g., appearance releases and/or location releases) unless the existence of such release is specified on the Site or in writing by Quanfootage.  In addition, QuanFootage gives no rights or warranties with respect to the use of any names, trademarks, logo types, designs and/or works of art depicted in the Footage.  As such, it shall be Licensee’s sole responsibility for obtaining any and all necessary consents, permissions and/or authorizations from any persons, entities, corporations, and/or locations appearing in the Footage, and Licensee must satisfy for itself that all necessary rights, consents and/or permission as may be required for reproduction are secured.   Furthermore, any music, dialogue and/or other ambient audio contained in Footage (if any) may be incidental and/or may require Licensee (and not QuanFootage) to acquire additional clearances for a given usage unless the existence of such release is specified on the Site or in writing by QuanFootage.


REPRESENTATIONS, WARRANTIES AND INDEMNITIES
1. Licensee represents and warrants that it has the power and authority to enter into this Agreement and to perform all of its obligations hereunder.  In addition, Licensee also represents and warrants that it is Licensee’s sole responsibility to obtain any and all necessary consents, permissions and/or authorizations from any persons, entities, corporations and/or locations appearing in the Footage.  Licensee hereby agrees that it will abide by all of the terms and conditions of this Agreement and also agrees to assume full responsibility for the use of the Footage hereunder.  In connection herewith, Licensee shall defend, indemnify and hold QuanFootage and its parent, subsidiaries and affiliates, and their respective owners, offices, directors, agents, employees, attorneys and representatives, harmless from and against any and all damages, losses, lawsuits, claims, liabilities, costs and expenses, including reasonable outside attorneys’ fees and court costs, whether or not in connection with litigation, arising out of or in connection with any breach or default by Licensee hereunder or any claim for a third party, including, without limitation, any claims arising out of Licensee’s use of any Footage outside of the permitted use of this Agreement, or from Licensee’s failure to obtain from third parties any and all permissions, consents and/or authorizations (if any) to use the Footage, and/or for any other breach or default by Licensee of any of its representations, warranties and/or agreements hereunder. 
2. QuanFootage represents and warrants that it has the power and authority to enter into this Agreement.  Except as expressly set forth herein, QuanFootage makes no other representation or warranty, express or implied, regarding the Footage, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or as to the legality or validity of Licensee’s use of said Footage.  In connection herewith, Licensee shall defend, indemnify and hold QuanFootage harmless up to the “Limits of Liability” (as hereinafter defined), from and against any and all damages, losses, lawsuits, claims, liabilities, costs and expenses, including reasonable outside attorneys’ fees and court costs, whether or not in connection with litigation, arising out of or in connection with any breach by QuanFootage of any of its representations, warranties and/or agreements hereunder.


LIMITATION ON LIABILITY/REMEDIES
1. Notwithstanding anything to the contrary contained herein, in no event shall QuanFootage’s total aggregate liability to Licensee, or any third party claiming through Licensee, arising out of or in connection with Licensee’s use of or inability to use the Footage, or from any breach or default by QuanFootage hereunder, exceed the monetary amount actually received by QuanFootage from Licensee for the use of the Footage (the “Limits of Liability”).
2. Neither QuanFootage nor the QuanFootage Entities shall be liable to Licensee or any other person or entity for any general, punitive, special, indirect, consequential and/or incidental damages, or lost profits or any other damages, costs or losses, arising out of Licensee’s use of the Footage, or from QuanFootage’s breach of this Agreement, or otherwise. 
3. The right to use the Footage is valuable.  However, Licensee agrees that it would be difficult and impracticable to determine the actual value of such right, and accordingly, Licensee and QuanFootage hereby agree that in addition to all other rights and remedies available to QuanFootage hereunder, including, without limitation, Licensee’s obligation to indemnify QuanFootage hereunder, Licensee shall also be required to pay QuanFooatge reasonable liquidated damages in an amount equal to three times (3x) the license fee paid by Licensee for use of the Footage if Licensee uses the Footage outside of the scope of the license granted herein.


TERMINATION
Notwithstanding anything to the contrary contained herein and for purposes of clarification hereunder, QuanFootage shall have the right to terminate the license contained in this Agreement if Licensee is in breach or default hereunder or otherwise fails to comply with any of the terms and/or conditions of this Agreement.  Such termination shall be in addition to QuanFootage’s other rights and remedies at law and/or in equity. In connection with any termination hereunder, QuanFootage shall be under no obligation to refund any fees paid by Licensee in connection with the license hereunder. Upon termination of this Agreement, Licensee must immediately: (i) stop using the Footage; (ii) destroy and/or, upon request by QuanFootage, return the Footage to QuanFootage; and (iii) delete or remove the Footage from Licensee’s Production.


CREDIT
If and where commercially reasonable, the use of Footage in Merchandise or an audio- visual production shall be accompanied by a credit to quanfootage in substantially the following form: Footage (as applicable), used under license from quanfootage.com" Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

GENERAL PROVISIONS
1. All rights not specifically granted herein to Licensee herein are specifically reserved for QuanFootage's use and disposition without any limitations whatsoever.
2.  This Agreement contains all the terms and conditions concerning Licensee’s use of Footage, and no term or conditions may be added or deleted unless made in writing and signed by both parties. These terms and the terms of any subsequent purchase order between QuanFootage and Licensee shall supersede any and all prior agreements and understandings pertaining hereto. QuanFootage offers no refunds on Footage ordered. After release of Footage to Licensee, all fees must be paid in full whether the Footage is used or not.
3. No waiver by QuanFootage of any breach or default hereunder will apply to any subsequent breach or default by Licensee, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
4. If any provision, or portion thereof, of this Agreement, or its applcation to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law. 
5. QuanFootage reserves the right to change the terms and conditions of this Agreement at any time, and Licensee agrees to be bound by such changes.
6. Licensee agrees that Licensee may not assign and/or otherwise transfer this Agreement, the Footage and/or any of Licensee’s rights hereunder to any third party without QuanFootage’s prior written approval in each instance.


CLAIMS OR DISPUTES
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Malaga - Spain pursuant to the rules of Spanish law.


quanvision S.L. - QuanFootage
mail@quanvision.com