Terms and Conditions of Use

Please read these Terms and Conditions of Use carefully before accessing or using this website.

THIS AGREEMENT GOVERNS YOUR USE OF THE LOTSOFFOOTAGE.COM WEBSITE

This Web site is owned and operated by LOTS OF FOOTAGE INC. (“Lots of Footage”). Access and use of this Web site is provided by Lots of Footage to you on condition that you accept these Terms and Conditions of Use, and by using this Web site, you agree to be bound by and accept these Terms and Conditions of Use. If you do not agree to accept and abide by these Terms and Conditions of Use you should not access or use this Web site.

Changes to the Terms and Conditions of Use

Lots of Footage may revise and alter these Terms and Conditions of Use at anytime and without notice. You are cautioned to review the Terms and Conditions of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Site Content and Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Content”) are the property of Lots of Footage and of its licensors being the providers of photographic, video, audio and other material and are protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Lots of Footage, such as a Content License Agreement, any other use of the Content without Lots of Footage's written permission is prohibited.

The Content may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Content is not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Content in any way.

Lots of Footage updates the information on this Web site regularly. However, Lots of Footage cannot guarantee or accept any responsibility or liability for the accuracy or completeness of the information on this Web site. Lots of Footage may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Lots of Footage is committed to respecting the privacy of the personal information of the individuals with whom we interact. Our Privacy Policy describes our policies and practices on how we collect, use and disclose the personal information of those individuals who visit our website. Please consult our Privacy Policy for further details.

Use of the Site

Use of and access to this Web site is limited by the present Terms and Conditions of use. You agree:

Not to use any robot, spider, scraper or other automated means to access this Web site for any purpose without Lots of Footage's express written permission.

Not to take any action that imposes, or may impose in Lots of Footage's sole discretion, an unreasonable or disproportionately large load on Lots of Footage's servers or other infrastructure or to interfere or attempt to interfere with the proper operation of the Web site or any activities conducted on the Web site.

Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Web site, including but not limited to "framing" Web site content within another site, except that you may use Lots of Footage’s content validly licensed by Lots of Footage to You under Lots of Footage's Content License Agreement.

To use the Web site only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Web site.

Not to advertise products or services or solicit any user of the Web site, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email.

Services

Lots of Footage may provide services in connection with the Web site, including but not limited to email notifications, image and content downloading and information publication. Lots of Footage will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Lots of Footage for any damages arising out of your use of the Web site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Web site.

Offsite Links

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Lots of Footage monitors or endorses these Web sites and should not be construed to mean that Lots of Footage is affiliated or associated with them. These other sites were independently developed by parties other than Lots of Footage and Lots of Footage does not accept any responsibility for such Web sites. Lots of Footage shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

Lots of Footage shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. Lots of Footage recommends that you install appropriate anti-virus or other protective software.

Warranties

THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LOTS OF FOOTAGE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL LOTS OF FOOTAGE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOTS OF FOOTAGE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LOTS OF FOOTAGE FOR ACCESS TO OR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless Lots of Footage, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) arising out of or related to any content that you post, store or otherwise transmit on or through the Web site, your conduct, your use or inability to use the Web site, your breach or alleged breach of the Terms and Conditions of Use, your unauthorized use of the Lots of Footage content, or your violation of any rights of a third party.

Complaints of Infringement

Lots of Footage respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Lots of Footage with a written communication addressed to our President including substantially the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Web site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your letter to Lots of Footage, as follows:

Lots of Footage, Inc.
P.O. Box 154, Station Place D'Armes
Montréal, Québec, H2Y 3E9
Canada

Termination of Use

Lots of Footage may at its sole discretion terminate or limit your use of its Web site for violation of any of the rules contained in these Terms and Conditions of Use, or for any conduct, whether by act or omission, which in Lots of Footage's sole opinion adversely impacts the operation of the site. Lots of Footage may so terminate or limit your use of the site without prior notice to you. If such termination or limitation is for reasonable cause, Lots of Footage will not be obligated to refund any fees paid by you.

Applicable law

This Web site is controlled, operated and administered by Lots of Footage from within the Province of Quebec, Canada. This Web site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Quebec, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Quebec and acknowledge that you do so voluntarily.

General

Lots of Footage’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms and Conditions of Use is wholly or partially unenforceable or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have expressly requested that these Terms and Conditions of Use and all documents relating thereto be drawn up in English. Les parties aux présentes ont expressément exigé que cette convention, ainsi que tous documents s’y rapportant, soient rédigé en anglais.

Questions and Contact Information

If you have questions or concerns relating to this Web site or these Terms and Conditions of Use, please refer to the Contact Us page and send your questions.