Last updated 12 November 2020
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE YOU DOWNLOAD OR USE ANY STOCK VIDEO.
THIS IS A LICENSE AGREEMENT BETWEEN YOU, YOUR EMPLOYER OR COMPANY, OR OTHER ENTITY ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“YOU”) AND JETSKE AMIJS (“JETSKE AMIJS”).
This license agreement (“Agreement”) governs the terms by which a licensee (Licensee) obtains the right to use the video footage (“STOCK VIDEO”) that they obtain from Jetske Amijs through jetskeamijs.com (collectively referred to herein as “JETSKE AMIJS”).
BY CONFIRMING THE PURCHASE OF THE STOCK VIDEO OR DOWNLOADING THE STOCK VIDEO YOU HAVE SELECTED FROM THIS WEBSITE (JETSKEAMIJS.COM) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND HAVE READ THE CONTENT USAGE RESTRICTIONS CONTAINED HERIN. AND THAT (1) THE LICENSEE IS OF LEGAL AGE TO FORM A BINDING CONTRACT WITH JETSKE AMIJS, AND (2) LICENSEE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY LICENSEE HAS NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “LICENSEE” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN STOCK VIDEO IS LICENSED. IF LICENSEE DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, LICENSEE MAY NOT USE ANY STOCK VIDEO FROM JETSKE AMIJS.
1. License: JETSKE AMIJS hereby grants to Licensee or its affiliates and its representatives, under JETSKE AMIJS’s intellectual property rights in the STOCK VIDEO: (1) the non-exclusive right and license to use the STOCK VIDEO, or any portion of the STOCK VIDEO, as the Licensee shall see fit (2) The license granted hereunder shall be a non-exclusive, worldwide, royalty-free (subject only to the one-time licensing fee set forth herein) right to use the STOCK VIDEO, subject to the terms and conditions set forth herein (3) The term of this license shall be perpetual unless terminated pursuant to the terms hereof.
2. Limitations: The licensee shall have no right to offer the STOCK VIDEO for sale or otherwise distribute, publish, grant any sub-licenses, sell, rent, convey, offer for download, or otherwise exploit the STOCK VIDEO or be included in any other media/stock library, or collection for distribution or resale. The STOCK VIDEO may not be used, in part or in whole, as a trademark or service mark, nor may Licensee claim any proprietary rights of any sort in the STOCK VIDEO, or any part thereof. If Licensee provides STOCK VIDEO or Derivative Works to a client as part of the Licensee’s work product, the client may not reuse the STOCK VIDEO.
3. Fees and Payments: In exchange for Licensee’s usage of JETSKE AMIJS’s STOCK VIDEO as provided hereunder, Licensee must pay to JETSKE AMIJS the licensing fee.
4. License Fee: In consideration of the perpetual license granted herein, Licensee agrees to pay JETSKE AMIJS a one-time, payment (the “License Fee”). This license Agreement shall be effective upon execution by both parties; provided, however, that the Licensee’s right to use the STOCK VIDEO shall not commence until the license Fee as set forth above is paid in full.
5. Copyright: JETSKE AMIJS, its licensors and contributors retain all right, title, and interest in and to the STOCK VIDEO and all right, title and interest in and to the STOCK VIDEO, including the right to publish, distribute, publicly perform, modify, enhance, change and improve, and all other exclusive rights of the copyright owner, except only for the right of licence granted to Licensee hereunder. Licensee hereby agrees to and acknowledges the rights retained by JETSKE AMIJS hereunder and acknowledges that JETSKE AMIJS shall retain all exclusive rights of the owner and holder of a copyright. Licensee agrees that it shall not challenge or dispute any of JETSKE AMIJS’s exclusive rights or right, title and interest in and to the STOCK VIDEO or the copyrights thereof.
Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by Licensee’s failure to abide by the terms of this Agreement. The licensee is aware that each jurisdiction in the world may have different laws pertaining to the rights of individuals or property depicted in the licensed content, and the licensee will comply with all such laws in use of the licensed content in the applicable jurisdiction. The licensee will not isolate, emphasise, or otherwise display trademarks or people depicted in the licensed content in a way that violates the trademark or personal rights of third parties. The licensee will not use the licensed content in any pornographic, malicious, or misleading manner. The licensee indemnifiesJETSKE AMIJS and its licensors for any claims resulting from a claim, damage, judgment, etc. that the rights of a third party are infringed or violated as a result of the specific manner in which the licensed content is modified or used for the licensee’s specific purposes.
6. Representations and Warranties: JETSKE AMIJS makes the following representations and warranties to the Licensee, which representations and warranties shall apply during the term of this Agreement and shall continue to apply following the terminations of this Agreement. JETSKE AMIJS shall indemnify and hold the Licensee harmless from and against matters that arise relating to the representations and warranties of JETSKE AMIJS made herein (1) Licensor (JETSKE AMIJS) is the sole and exclusive owner of the STOCK VIDEO and the copyrights and other proprietary rights contained therein (2)The STOCK VIDEO do not infringe upon or violate the copyrights, trademarks, patents, or other proprietary rights of any other party. (3) JETSKE AMIJS has the unrestricted right and power to enter into this Agreement and to licence the STOCK VIDEO to the Licensee as provided herein. (4)There are no other agreements, court orders or the provision of any law or administrative rule that interfere with JETSKE AMIJS’s right to licence the STOCK VIDEO hereunder.
7. Indemnity and Release: Licensee will indemnify and hold JETSKE AMIJS, and its subsidiaries, affiliates, officers, directors, agents, partners and employees (collectively, the “JETSKE AMIJS Parties”), harmless from any claim or demand, including reasonable attorney’s fees, arising out of Licensee’s use of STOCK VIDEO. Licensee hereby release the JETSKE AMIJS Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, and property damage that is either directly or indirectly related to or arises from any STOCK VIDEO or use thereof.
8. Entire Agreement: This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorised representatives of the parties. If any provision hereof is deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be affected, and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.
9. Governing law: In interpreting the terms of this Agreement, the parties agree that the laws of the THE NETHERLANDS shall be applicable. All suits permitted to be brought in any court shall be based in THE NETHERLANDS.
10. Binding Effect: This Agreement will inure to the benefit of and be binding upon the Parties, their successors, administrators, heirs, affiliates and assigns.
11. No Waiver: No failure or delay on the part of either Party in the exercise of any right or privilege hereunder, including the right to cancel, shall operate as a waiver thereof, nor shall any single or partial exercise of such right or privilege preclude other or further exercise thereof or of any other right or privilege.
12. Independent Contractors: The Parties shall perform activities under this Agreement only as independent contractors and nothing contained herein shall be construed to be inconsistent with this relationship or status. Under no circumstances shall any personnel of either Party be considered to be an employee or agent of the other Party. This Agreement shall not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business organisation of any kind.
13. Returns / Refunds: No refund(s) or exchange(s) are allowed. If something goes wrong with your order, we will make every reasonable effort to fix any problem(s) or issue(s).