Terms and Conditions of Service
THESE TERMS AND CONDITIONS OF SERVICE CONSTITUTE A LEGAL AGREEMENT
BETWEEN YOU (“LICENSEE”, “USER”) AND DESTINATION IN FOCUS ("WE", “US”, “OUR” OR "LICENSOR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE WEBSITE.
Definitions
"Stock Footage" means any moving images, animations, films, videos or other audiovisual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format.
"Royalty-Free Perpetual License" (the “License”) indicates that. aside from the purchase price, no further fees or compensation are due regardless of how many times the Stock Footage are used or how many projects they are used for, provided that they may be used by only a single user in accordance with the terms and conditions of this Agreement.
"Restrictions" indicate some of the specific uses for the Stock Footage that are NOT allowed. Regardless of whether a particular use is listed as a Restriction, any use of Stock Footage that is not expressly permitted by this Agreement is not allowed. Please note that special licensing to obtain additional rights is available by contacting Destination in Focus.
"Website" means our internet site at destinationinfocus.com and any other Destination in Focus branded internet sites of Destination in Focus and its Affiliates.
"Product Page" means the specific Stock Footage item and item detail pages at the Website where item previews and information about the particular Stock Footage is made available for Destination in Focus users.
1. Ownership
This Website is owned and operated by Destination in Focus. All of the content featured or displayed on the Website, including, but not limited to, Stock Footage, graphics, text, photographic images, moving images, illustrations and software, is owned and controlled by Destination in Focus, its licensors and its content providers. All elements of the Website, including, but not limited to, its Stock Footage, general design and the content, are protected by copyright, trademark, and other laws relating to intellectual property rights. The Website, together with its content and all related rights shall remain the exclusive property of Destination in Focus, its content providers, and its licensors, unless otherwise expressly agreed.
2. Restrictions on Website Usage
Except as expressly permitted under this or another agreement with Destination in Focus, 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 Destination in Focus 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.
3. Licensing
3.1 Grant of License
Upon purchasing a License from Destination in Focus, you will be granted a limited, nonexclusive, personal, perpetual and nontransferable Royalty-Free Perpetual License to use the Stock Footage, subject to the terms and conditions below.
3.2 Single User License
The Stock Footage may only be modified or used on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Stock Footage to another person, company or other entity. Anything you produce using the Stock Footage must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. This is not a concurrent use License. Please contact Destination in Focus for a multi-seat site License if you need to use the Stock Footage over a network for multiple users.
3.3. General Use Grant
The Stock Footage may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia work, advertisement, live performance, presentation or Website. The License does not include the right to record a new performance of the composition reflected by the Stock Footage.
3.4 Watermarked Footage
Watermarked Footage grants you the right to use a watermarked, compressed version of the Stock Footage as a composition solely in test, sample, comp, or rough cut evaluation materials. You shall not use Watermarked Footage to display or distribute to the public or incorporate into any final materials any such Footage. Watermarked Footage can be edited, but you may not remove or alter the “PREVIEW” watermark.
3.5 Restrictions on Products for Resale
The Stock Footage and any derivative work thereof may not, in whole or in part, be used, sold, resold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, stock elements, effects, imagery elements or downloadable files in any stock media website, agency or otherwise. These Restrictions apply even if the Stock Footage has been significantly altered.
If Stock Footage is used in a project that will be reproduced, sold or distributed (DVDs, home videos, music videos, training videos, etc.), the Stock Footage may not comprise more than 25% of the length of the finished work, even if the Stock Footage is layered with other graphics, nor may the primary value of the product come from the Stock Footage.
The Licensee is strictly prohibited from using the Stock Footage as screen savers. Additionally, the Licensee agrees to notify Destination in Focus in writing and take all steps possible to prevent any third-party from duplicating or distributing any of the Stock Footage included in the finished work.
The Stock Footage may not be used, in whole or in part, as a trademark or service mark, nor may Licensee claim any proprietary rights of any sort in the Stock Footage, or any part thereof. If the Licensee provides Stock Footage or derivative works to a client or third-party as part of Licensee’s work product, said client or third-party may not reuse the Stock Footage.
4. Usage of Stock Footage
4.1 Editorial Usage
As regards Stock Footage which the Protect Page states is “Editorial” or for editorial use only (collectively, "Editorial Stock Footage"), in addition to the other limitations and restrictions in this Agreement, the following terms and conditions apply:
a) Intended for Editorial Use: this type of Stock Footage is intended to be used only in connection with events or topics that are newsworthy, historic or of general public interest.
b) No Commercial or Merchandising Use: Editorial Stock Footage may not be used in any merchandise, advertisement, endorsement, promotion, advertorial or any other production for commercial purposes.
c) No Clearances: the editorial License does not include any clearances that may be necessary for any personally identifiable information of any person, nor any privacy or publicity rights from any person whose name, portrait, image or performance appears in the Stock Footage. Accordingly, Destination in Focus does not make any warranties with regard to such Editorial Content.
d) No Compromise of Editorial Integrity: modification of Editorial Stock Footage shall be limited to editing video footage for length or combining it with other content, provided that the editorial meaning of the Editorial Footage is not altered or distorted.
4.2 Commercial Usage
Stock Footage labeled in the Product Pages of Destination in Focus as “Commercial” simply means that, to the best of our knowledge, and considering industry practices on similar Websites, such Stock Footage does not contain any elements that would be susceptible of rendering it Editorial in nature and therefore subject to the terms, conditions or restrictions of Editorial Stock Footage.
However, even for the Stock Footage whose License is labeled as “Commercial” in the individual Stock Footage Product Pages, Destination in Focus does not provide any model or property releases nor any such guarantees with respect to such Stock Footage. The Licensee is therefore solely responsible for using such Stock Footage for commercial purposes.
4.3 Stock Footage Showing Depicted Intellectual Property
Destination in Focus grants no rights and makes no warranties with regard to any building, house, trademark, trade dress, logo, copyrighted design, art, graphics, artwork, architecture or other works that may be depicted in the Stock Footage.
4.4 Audio in Video Clips
Any ambient audio, dialogue or music contained in the Stock Footage is incidental only. Accordingly, the Licensee is solely responsible for obtaining any additional clearances relating to any of the audio that may be required.
4.5 No Defamatory Use
The Stock Footage may not, under any circumstances, be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Stock Footage.
4.6 Other Restrictions
The Stock Footage may not, under any circumstances, be used in or in conjunction with, or as part of pornographic, obscene, fraudulent, libelous, infringing or illegal material. All compressed, watermarked versions of the Stock Footage are not licensed for broadcast.
You shall not falsely represent, expressly or by way of reasonable implication, that any Stock Footage available in Destination in Focus was created by you or a person other than the copyright holders of that Stock Footage.
You shall not use still frames derived from the Stock Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating the Stock Footage.
5. Licensing Stock Footage and Payments
5.1 Ordering Stock Footage
The Licensee can order Stock Footage from Destination in Focus by filling in the dedicated form on the Product Page corresponding to the footage item(s) the Licensee would like to order or by completing the Contact Form, providing such relevant information. Destination in Focus will then issue the Licensee a formal Quotation with the final price for licensing said footage, along with any applicable taxes and the corresponding Terms and Conditions.
5.2 Fees and Payments
In exchange for the Licensee’s usage of our Stock Footage as provided hereunder, the Licensee must pay Destination in Focus in advance the corresponding licensing fees set forth in the individual Product Page and formal Quotation. The Licensee agrees to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the License granted to Licensee, or of Licensee’s use of the Stock Footage, pursuant to this Agreement.
5.3 Accepted Payments Methods and Currencies
Currently, Destination in Focus accepts payments via PayPal only. The Licensee shall transfer, in advance, the moneys indicated in the formal Quotation to the PayPal account designated therein.
Destination in Focus accepts payments in GBP, EUR and USD only.
5.4 Taxes
The Licensee is responsible for promptly paying any and all applicable sales taxes, use taxes, value added taxes, property tax, customs, duties and any related interest or penalties imposed by any jurisdiction as a result of the License or any use of the Content.
5.5 No Set-Off, Withholdings or Deductions
The Licensee must pay all amounts due to us in a payment currency approved by Destination in Focus under clause 5.4 without any set off, deduction or withholding of any kind, including tax withholdings, amounts charged for currency conversion or PayPal fees.
To the extent the Licensee determines that they are required under law (e.g., under a tax law) to withhold any amount from payments due to Destination in Focus, or a financial institution or other intermediary deducts any amount for currency conversion or other services from the Licensee’s payment to us, the price for the applicable License is hereby increased by the amount that would cause the net amount actually received by us to equal the price that would otherwise apply for the sale of the License.
5.6 Download of Stock Footage
Once the payment has been confirmed, Destination in Focus shall provide the Licensee with FTP details or a hyperlink to an online storage service where the relevant media can be downloaded from. The relevant media will be available for download for up to 24 hours after payment confirmation, after which said download details will expire. The Licensee shall not share such FTP details or hyperlinks with any third-parties and agrees to take all steps possible to prevent any third-party from accessing said information.
5.7 Availability of RAW Footage
Where the individual Product Page states that RAW Footage is available, it typically refers to the unprocessed, uncompressed and unedited signal recorded by the camera, which would allow video editors, producers or content creators greater flexibility to re-edit or re-grade the Stock Footage according to their needs.
When available for a specific Stock Footage Item, the RAW Footage formats provided by Destination in Focus are either sequential 14-bit DNG files or 10-bit 4:2:0 H.265 Hybrid Log Gamma files, depending on the Stock Footage item in question. RAW Footage can only be provided in the native resolution of the recorded signal, typically in Full HD or 4K. No other resolutions are currently available for RAW Footage. Destination in Focus does not provide RAW files recorded in 8 bits.
The Licensee should be aware that, since the RAW Footage contains the unedited signal recorded by the camera, substantial editing or post-production work might be required by the Licensee to bring such Stock Footage to the desired standard, including, but not limited to, frame rate interpretation, cutting, coloring, grading, stabilization, speed adjustments, deflickering, special effects, etc.
Whenever available, and should the Licensee require RAW Footage as a separate item or in addition to the edited Stock Footage Item being displayed in the Destination in Focus Website, the RAW Footage shall command a 200% premium surcharge over the prices shown for either HD or 4K footage in the individual Product Page. The RAW Footage is subject to the Terms and Conditions hereunder.
6. Credit
When incorporating the Stock Footage in film features, broadcast productions, or video products, Destination in Focus kindly requests a credit line that reads "Destination in Focus Digital Film Library".
Specifically for Editorial Content, the Licensee shall accompany the production with a credit line that attributes the Content to Destination in Focus, and if the production is posted online, the Licensee shall use reasonable efforts to add a credit line with a hyperlink to destinationinfocus.com.
7. Returns / Refunds
Our products are digital files, delivered electronically at the time of purchase or within a reasonable amount of time (usually within 24 hours). No refunds or exchanges are allowed. If something goes wrong with your order, Destination in Focus will make every reasonable effort to fix any problems or issues.
8. Marketing and Promotion
Unless Destination in Focus receives written notification from the you to the contrary, you hereby grant Destination in Focus the right to display any publicly available derivative works within your possession or control that incorporate one or more of the Stock Footage owned by Destination in Focus at tradeshows, in collateral, and/or via electronic distribution for Destination in Focus marketing, educational, and promotional purposes as examples of customer usage. At your request, Destination in Focus will identify you as the author of such derivative work.
9. Ownership
All right, copyright, title and interest in the Stock Footage, including any updates or revisions thereto, is and shall remain the exclusive property of Destination in Focus, its licensors and their successors and assignees. Other than the usage License set forth in the Agreement, no interest in, rights or additional Licenses to the Stock Footage are granted to you and no interest in, rights or additional Licenses to the Stock Footage shall inure in or accrue to you, whether by implication, estoppel or otherwise. All rights of any kind in the Stock Footage which are not expressly granted in this Agreement are entirely and exclusively reserved to and by Destination in Focus, its licensors and their successors and assignees.
10. Warranties and Representations
10.1 Our Warranties
We warrant that we have the right and authority to enter into and grant the Licensee usage rights to the Stock Footage, subject to all applicable limitations and exclusions in this Agreement.
10.2 Representation About Your Information
You represent that all information provided to us by you is accurate and true, including all information relating to your ID and payment information, and you agree to update such information as is necessary for such information to continue to be accurate and complete.
If the user who is entering into this Agreement is doing so on behalf of his/her employer or any other Person, such user represents and warrants that (i) he/she has the full right and authority to execute, deliver and perform this Agreement on behalf of such Person, and (ii) this Agreement is a binding Agreement of such Person, enforceable against such Person in accordance with its terms. In the event that such user does not have such right, power and authority, such user agrees that, in addition to all rights and remedies available against such Person or anyone else relating to violation or infringement of intellectual rights, he/she will be personally liable to us for any breaches of the terms of this Agreement or violation and infringement of intellectual rights in the Stock Footage by such user, such Person and its Representatives.
11. Limitation on Liability
Except as specifically stated in these Terms and Conditions of Service, the Privacy Policy, or elsewhere on the Website, or as otherwise required by applicable law, neither Destination in Focus nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Website or the content whether or not we have been advised of the possibility of such damages.
While Destination in Focus makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Stock Footage designated as "Editorial ", DESTINATION IN FOCUS MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY KEYWORD TITLES OR DESCRIPTIONS OR ANY AUDIO IN THE STOCK FOOTAGE. For the sake of clarity, Destination in Focus will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, or any audio in the Stock Footage.
The Website may contain links to other Websites. However, these other Websites are neither owned nor controlled by Destination in Focus, 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 Destination in Focus relating in any way to the inclusion of links to outside Websites or your use of those Websites.
DESTINATION IN FOCUS ENTIRE LIABILITY AND THE EXCLUSIVE REMEDY OF THE LICENSEE SHALL BE LIMITED TO THE AMOUNT THE LICENSEE PAID FOR THE PARTICULAR STOCK FOOTAGE.
12. Indemnity
You agree to indemnify and hold Destination in Focus, its licensors, and their officers, directors, agents and employees, harmless from and against any claims, demands, losses, damages, liabilities or expenses of any kind arising from your use of the Stock Footage in any form, any breach of the Terms and Conditions of this Agreement, or your negligent act, omission or willful misconduct.
13. Assignment
You may not assign or otherwise transfer this Agreement or any rights hereunder without the prior written consent of Destination in Focus. A transfer of controlling interest in any entity shall constitute an assignment.
14. Entire Agreement
This is the entire agreement between the parties with regard to the subject matter hereof. It supersedes all prior or contemporaneous agreements, understandings, or representations with respect to the Stock Footage. Any preprinted terms on your purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Agreement shall be binding on Destination in Focus.
15. Miscellaneous Provisions
No act or omission of Destination in Focus, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Service or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, the offending portion shall be deemed excised from this agreement and the remainder of this Agreement shall remain in full force and effect.
We reserve the right to change these Terms and Conditions of Service, the Privacy Policy, prices, information and available contractual License terms featured on this Website without notice. These conditions set forth the entire agreement between you and Destination in Focus relating to your use of this Website.
The Licensee consents to receive communications from us electronically and agrees that all agreements, notices, disclosures and other communications that Destination in Focus provides the Licensee electronically satisfy any legal requirement that such communications be in writing.
16. Injunctive and Other Equitable Relief
The Licensee agrees that the remedy at law for any breach or threatened breach of this License by the Licensee may, by its nature, be inadequate, and that in such case the Licensor will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
17. Applicable Law
This Agreement shall be interpreted, construed and governed by the laws of England and Wales.
Last updated: 28th August 2019