Terms and Conditions
Terms and Conditions of Service
(“Terms and Conditions”)
Corel Corporation maintains a website, www.Photovideolife.com (“Website”), through which we provide services to you and other users which allow you to upload video footage, photos,audio, projects and other media files for the purpose of allowing Photovideolife.com to act as agent for the free sharing or licensing of multimedia rights to other users (collectively, “Services”).
You acknowledge that the Website contains footage, media and information, including video files, photos, creative art, 3-D animations, computer animations, motion backgrounds, camera acquired footage, Flash files, data files, music, sound effects, software project files and other material (collectively, “Content”) which is protected by copyright or other proprietary rights that belong to us or other users. Content made available on Photovideolife.com is provided by users who agree to share their content freely. Content shared is the sole responsibility of the Content producer and/or the user providing such Content. Corel Corporation bears no responsibility of any kind or nature for Content elements. By interacting with Photovideolife.com Content users, producers and consumers agree to the provisions of these Terms and Conditions.
In order to upload Content on the Website, the Content you upload must be owned by you in its entirety, you must accept these Terms and Conditions, and the Content must be approved by us. In order to download Content, you or other users must agree to accept these Terms and Conditionswhich set forth the terms for your usage of the Content.
To upload content to Photovideolife.com, you must be at least 18 years of age, or as a minor, have the consent of your parent, legal guardian or a government-recognized educator approved by your parent or guardian. We may require proof that you are at least 18 years of age or that you have received the above consent. The parent, legal guardian or educator registering on your behalf authorizes you to use the Services and agrees to be bound personally by these Terms and Conditions. We may elect, in our sole discretion, to monitor your usage of the Services and the Website for compliance with these Terms and Conditions or for any other reason.
If you upload Content to the Website, you agree to give Corel Corp. and all registered users of Photovideolife.com irrevocable nonexclusive rights to use the Content for any purpose including but not limited to publication, display, modification, and creation of derivative works. Once Content is submitted for approval and approved, you may not remove the Content from the site until it has been posted for 90 days. Exceptions to this policy may be granted at the discretion of site administrators contacted through the Website’s contact page.
Currently content from the Photovideolife.com website may be used without payment by all registered users of Corel VideoStudio Pro X4, after registering as a user, and accepting these Terms and Conditions.
You must own the copyright to all Content which you upload. Generally, this means either (1) that you are the individual that recorded the Content, or (2) the copyright of the Content has been assigned to you by the individual or entity that recorded it. The copyright of all Content uploaded by you is retained by you.
5. Member Warranties and Responsibilities
(a) Registration. You warrant that you have provided accurate, complete, and updated information in completion of your registration and agree to update your information from time to time so that it stays accurate.
(b) Account Responsibility. When you register at the Website you will receive a password and a user account (“User Account”). You are entirely responsible for any and all activities conducted through your User Account and any user-names associated with that User Account. You may allow other individuals to use the User Account so long as you supervise such individuals and assume all legal responsibility for their use of the Website. You agree to notify us immediately of any unauthorized use of your password or and any other breach of security.
(c) Member Names. Upon your registration at the Website, you may be asked to choose a user name to identify yourself to other users and our staff. You may not select or use another users’ name (unless it is also your name), or a name which violates any trademark right, copyright, or other proprietary right, which may cause confusion or is illegal. If, in our sole discretion we find that your user name is offensive to others, we reserve the right to delete it or require that it be deleted.
(d) Denial of Website usage. If you have been terminated you may not utilize the Services or access the Website in any manner or for any reason without our express written consent. You may not knowingly allow any terminated user access to your account(s).
(e) Content Ownership. You represent and warrant that: (i) you own the copyright of any Content and footage which you upload, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, moral rights, industrial property rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post to the Website.
(f) Restrictions on Content. You warrant that the Content does not violate any laws, does not depict the violation of any laws, is not offensive or intended to harass, threaten or cause discomfort to any person or entity, and does not contain any nudity or anything that is sexually explicit.
(g) Required Releases. By uploading a model or property release or otherwise representing that subjects depicted in a footage file have consented to publication for whatever purpose, you warrant that the information contained in such release is authentic, complete and accurate.
You agree to defend, indemnify and hold harmless Corel Corporation, its subsidiaries and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of the Website; your breach or alleged breach of these Terms and Conditions; or your breach or alleged breach of any copyright, trademark, industrial property, intellectual property or other rights of third parties. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and this shall not excuse your obligations under this Section.
7. Control of Information and Content
(a) In our sole discretion, we may remove any footage or Content uploaded to the Website. This includes, but is not limited to, footage and Content which we or other Website users find offensive or that has the potential to interfere with or that infringes upon the rights of others.
(b) We may access and disclose any information about you, your accounts, or any content you provide to the Website if we believe that such action is reasonably necessary to enforce this Agreement, to comply with the law and legal process, to operate our systems properly, and to protect us, or other users.
(c) We reserve the right, to control conduct which we deem to be harmful or threatening to other users or potential users, or in violation of our or any third party’s rights.
(a) We expressly disclaim all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third-party intellectual property rights, and those arising from a course of dealing or usage of trade.
(b) We do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection. From time to time the porting of particular footage or Content may not be feasible and we may remove any such content from the Website without any liability to you. You are responsible for assessing your hardware and transmission needs.
(c) We assume no responsibility for anything arising from the possession or use of footage, Content or video obtained from us or used via the Website and cannot be responsible in any way for Content uploaded in terms of copyright or ownership.
(d) We make no warranty that our Service or use of the Website will be uninterrupted, timely, secure, or error free. We make no warranty as to the results that may be obtained from the use of the Website or Content purchased on the Website.
(e) We make no warranty with respect to software, if any, used in connection with the Services on or provided by the Website.
(f) While we do our best to ensure the optimal performance of the Website, you agree that your use of the Website, Content and any other material contained on the Website is at your own risk.
9. Limitation of Liability
You acknowledge that we shall not assume or have any liability with respect to the use of Content or for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss), even if we have been informed of the possibility of such damages, or resulting from the use of or the inability to use the Services or the Website, or from unauthorized access to the Website, data or account. you specifically agree that we are not responsible or liable to you or anyone else for any threatening, defamatory, offensive or illegal conduct or speech of any other party or any infringement or violation of another’s rights, including intellectual property rights, rights of publicity, or rights of privacy.
Your account with us may be terminated at any time with or without cause by either us or you. Your only right with respect to any dissatisfaction with any (i) of our terms or practices, or (ii) Content available on the Website, is to terminate your account with us by notifying our customer service department of your request to terminate by e-mail. Your notice of termination will be effective upon receipt. With regard to footage or Content posted by you and approved by us that has been posted for less than 90 days when you request termination of your account, your account will not terminate as to that specific Content until the 91st day after the Content was posted.
11. Impermissible Conduct
(a) You may not upload Content which is unlawful and you agree to use the Services and the Website only for lawful purposes. You may not post to or use the Website to transmit sexually explicit footage or other Content which is deemed by us to be generally offensive to the public or harmful to minors. Any conduct that we determine, in our sole discretion, restricts or inhibits any other user, person or entity from using or enjoying the Website will not be permitted and your account is subject to immediate termination without notice.
(b) You may not under any circumstances use the Website , or information contained on it to contact our users via e-mail addresses acquired through the website, or via our forum/community, or via our private messaging system for the purpose of soliciting the uploading of footage or sale of footage through another stock footage and/or media website. Any conduct that we determine, in our sole discretion, constitutes the solicitation of our users via our website interface, forums or private messaging system, will not be permitted and your account is subject to immediate termination without notice.
(a) Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if applicable. You hereby irrevocably consent and attorn to the jurisdiction of the courts of such Province. If either party employs attorneys to enforce any rights arising out of or relating to these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney’s fees. Each party waives any right, and agrees not to apply to have any disputes under these Terms and Conditions tried or otherwise determined by a jury, except where required by law.
(b) Severability. If any provision of these Terms and Conditions are declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the Terms and Conditions and the other provisions and the remaining part of that provision shall remain in full force and effect, provided that the essential bargained-for performance of the parties shall not thereby have been impaired.
(c) Headings. The division of these Terms and Conditions into Articles and Sections and the insertion of headings and titles are for convenience of reference only and shall not affect the construction or interpretation of the Terms and Conditions.
(d) Waiver. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
(e) Assignment. We may assign our rights and obligations under these Terms and Conditions and upon such assignment we may be relieved of any further obligation hereunder.