Terms and conditions

The Site are owned and operated by Clickfootage  . You will be deemed to have accepted these Membership Terms when you click on the ‘I agree’ button at the end of these Membership Terms. If you do not want to agree to these Membership Terms, you should click on the ‘cancel’ button and navigate away from the Sites.

When accessing the Site (as a Member) and using the content and/or the services available on the Site, you must comply with any directions, instructions or protocols posted on the Site from time to time.

Only those who have submitted a Membership application and accepted these Membership Terms are entitled to access and make use of the facilities offered by the Sites.

1. Definitions

In these Membership Terms:

• Buyer means a Member who buys Products made available for sale on the Site.
• Exclusive Seller means a Member who makes Products available for sale exclusively on the Sites.
• General Seller means a Member who makes Products available for sale non- exclusively on the Sites.
• Member means a person who is registered as a Member by completing and submitting the Membership application, accepts these Membership Terms and that application is accepted by Clickfootage.
• Member Account has the meaning given to that term in clause 12.
• Member Ledger has the meaning given to that term in clause 12.
• Payment Agent means any payment agent approved by Clickfootage from time to time including, but not limited to, PayPal and International Money Transfer (SWIFT) .
• Products mean products available for sale on the Sites including, but not limited to, stock footage, vector, stock music, audio effects, projects files and other forms of stock content in the form of creative digital computer files.
• Seller means a General Seller and an Exclusive Seller.
• In these Membership Terms, a reference to “we” or “us” means Clickfootage and a reference to “you” or “your” means a Member.

2. Membership

You may only become a Member if you are 18 years or over.

You do not have an automatic entitlement to Membership and Clickfootage may, at its sole discretion, elect to:

1. refuse your application to become a Member; or
2. once Membership is granted, suspend, terminate or restrict your Membership at any time.

Clickfootage is not obliged to give reasons for its decision to reject your application or suspend, terminate or restrict your Membership at any time.

Your Membership is non transferable.

Once Membership is granted you will only be able to access all areas of the Site with use of the username and password you set up at the time you become a Member.

You are responsible for each and every access or use of the Sites that occurs in conjunction with use of your username and password.

Use of your username and password is conclusive evidence that you have accessed the Membership sections of the Site.

You must use all reasonable efforts to keep your username and password confidential.

You must not allow any third party to access the Site using your username and password and make use of the Site on your behalf.

You must notify Clickfootage in writing as soon as you become aware of any unauthorised use of your Member Account, username or password.

You acknowledge and agree that you are liable for, and will indemnify Clickfootage, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Site as a Member.

3. Benefits conferred by Membership

By being registered as a Member, you are entitled to:

1. buy Products from other Members;
2. sell Products to other Members ;
3. participate in online forums;
4. generally make use of the Membership section of the Site; and
5. have your own profile page and blog.

A reference in these Membership Terms to ‘buying’ or ‘sale’ of a Product means the acquisition or grant of a licence or other right to use a Product.

4. Clickfootage’s Role

The Site act as an online facility to allow Members to sell, and buy Products. Clickfootage does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Products downloaded by you from the Site.

Clickfootage does not warrant that the Products or any content, code, data or materials downloaded from the Site does not infringe the intellectual property rights of a third party. Each Seller is required to warrant that its Product does not infringe the intellectual property rights of any third party.

5. Availability and Use of the Site

The Site will usually be available 24 hours a day, seven days a week or as otherwise stated on the Site.

Clickfootage may, in its absolute discretion, and for any reason, and at any time, with or without notice:

1. interrupt or suspend your right to access the whole or any part of the Sites; and/or
2. alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Site.

You agree that Clickfootage will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.

6. Fees and Services.

You do not have to pay a fee to become a Member.

You do not have to pay a fee to sell Products on the Sites.

If you are a Buyer of a Product, you will pay a fee to buy the right to use that Product in accordance with clause 14.

If you are a Seller, you will receive the fee (less the commission to which Clickfootage is entitled in accordance with clause 17) collected by Clickfootage for each sale of your Products to a Buyer.

All payments by Buyers on the Sites must be paid through a Payment Agent.

You are responsible for paying all fees and taxes associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable).

All references on the Site to “$” and “dollars” are to the lawful currency of the United States of America unless otherwise specified.

All prices on the Site are expressed in US currency. Payment will be made in accordance with the rules of the applicable Payment Agent.

The Buyer is responsible for all costs of currency conversion.

Where a payment is made by Clickfootage to a Seller, the Seller is responsible for all costs of converting the amount of the payment from US currency into his or her preferred currency.

7. Member Information.

In the course of your application for Membership and your use of the Sites, you may be asked to provide certain personal information to us (Member Information). You promise that the Member Information you provide is true, accurate and complete.

Clickfootage's information collection and use policies with respect to the privacy of such Member Information are set out in the Site's Privacy Policy.

Any Member Information that you disclose may be used by Clickfootage, its agents and contractors in relation to the provision of services accessible on the Sites, including marketing activities in relation to the Site.

8. Proprietary Rights.

As between you and Clickfootage, Clickfootage, its licensors, advertisers or affiliates, own solely and exclusively, all:

1. rights, title and interest in and to the Site;
2. the content (other than Products), including, but not limited to, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles etc, code, data and other materials comprising the Site;
3. the look and feel, design and the organisation of the Site;
4. the compilation of the content, code, data and materials on the Site; and
5. any copyright, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights subsisting in the works described in paragraphs (a), (b), (c) and (d) above.

Your use of the Site does not grant to you any ownership or like interest in any content, code, data or materials you may access on or through the Site or any intellectual property rights subsisting in any of those things.

9. Copyright Agent.

Clickfootage respects the intellectual property rights of others. Clickfootage requires that you do the same.

If you believe that a work of which you are the owner is infringed by a Product being offered for sale on a Site has been copied in a way that constitutes copyright infringement, please forward the following information (Copyright Claim) to Clickfootage:

1. your address, telephone number, and email address;
2. a description of the location or item ID of the alleged infringing material;
3. a description of the copyright work that has been allegedly infringed

In submitting a Copyright Claim, you warrant that the information given in the Copyright Claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner's behalf.

On receipt of a Copyright Claim, Clickfootage will take down the Product that is the subject of the Copyright Claim and seek an explanation from its Seller.

10. Trade Marks.

The trade marks, logos, service marks and trade names (collectively the Trade Marks) displayed on the Site are, unless otherwise stated, the registered and unregistered Trade Marks of Clickfootage and others.

A Trade Mark may not be used by you without the approval of its owner.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its owner.

11. Confidential Information

Clickfootage does not warrant or represent that your use of the Site will be confidential. Clickfootage is not responsible for any harm that you or any person may suffer as a result of a breach of your confidentiality in respect of your use of the Site.

While Clickfootage has taken precautions to protect information that you transmit to the Site over the internet, Clickfootage does not warrant the security of that information. Once Clickfootage receives your transmission, Clickfootage will take reasonable steps to preserve the security of such information.

You must not disclose any confidential information made available through the Site.

12. Member Accounts

When your application for Membership is accepted by Clickfootage, you will have a single account that is accessible by you from any of the Site (Member Account). Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Clickfootage (as a Buyer) and payments made by Clickfootage to you (as a Seller) (Member Ledger).

13. Payments from Member Ledger

You can make a payment into your Member Ledger  using the services of a Payment Agent.

You authorise Clickfootage to:

1. on your direction, debit monies from your Member Ledger, to pay for Products you buy at a Site;
2. credit to your Member Ledger any amounts due to you in respect of sales of your Products on a Site;
   

Clickfootage will not refund any monies (CREDETS) that you deposit into your Member Ledger as a Buyer. Any monies (CREDETS) that you deposit into your Member Ledger as a Buyer that are not used for a period of 12 consecutive months, will be forfeited to Clickfootage. Clickfootage may, but is not obliged to, warn you about the forfeiture before it occurs.

Clickfootage will pay to you amounts earned by you as a Seller subject to the following conditions:

1. If you have earned less than $50.00 from sales of your Products standing to your credit in your Member Ledger ;
2. If you have earned more than $50.00 monies standing to your credit in your Member Ledger (which ever is most recent), Clickfootage will pay a minimum of $50.00 , All withdrawals are issued on the 1th of the following month (except when the 1th falls on a weekend or public holiday, in which case it is issued on the next business day)..

Other than as provided for in clause 13, Clickfootage will not pay any earnings  standing to your credit in your Member Ledger which are less than $50.00 in total .

You must bear all expenses incurred by Clickfootage in transferring monies back to you.

14. Buying Products

When you buy a Product, you are acquiring the right to use that Product.

Products are subject to different terms of use depending on the type of licence that Appearing on the product page.

1. you cannot cancel an order for a Product once the order has been submitted
2. Clickfootage does not give any undertaking as to the continued availability of Products offered for sale on the Site;
3. once your order for a Product is accepted, and you pay the fee, you acquire a non exclusive, non transferable licence to use the Product in accordance with the conditions of the licence of the product.
   
4. ownership of the Product remains with the Seller;
5. the Product may not be re-sold or otherwise transferred by the Buyer to any third party; and
6. payment of the fee will be made at the time of download by deduction from your Member Ledger.

You acknowledge and agree that despite Clickfootage’s reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or similar oversight. In these circumstances, Clickfootage reserves the right to cancel or reverse a transaction, even after your order has been confirmed and a payment has been processed. If a transaction is cancelled, Clickfootage will immediately arrange for any payment to be refunded.

15. Selling Products

As a Member, you may not start selling Products over a Site unless you first:

1. you own the intellectual property rights in that Product;
2. that Product does not infringe the intellectual property rights of a third party;
3. that Product is not false, inaccurate or misleading;
4. that Product is not fraudulent, stolen or an unlawful item;
5. that Product does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws);
6. that Product is not defamatory, unlawfully threatening or unlawfully harassing;
7. that Product is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years;
8. that Product does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth).
9. that Product does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
10. that Product would not create liability for Clickfootage or cause us to lose (in whole or in part) the services of its ISP or other suppliers; and
11. that Product would not cause Clickfootage to violate any applicable law, statute, ordinance or regulation by making it available on the Site.

As a Seller, you must:

1. ensure all copies of your Products bear a notice of ownership of the intellectual property rights in your Products;
2. not offer to or sell to Members any of your Products that have not been approved by Clickfootage in accordance with this clause 15;
3. notify us of any information which may affect or assist in sales of your Product(s);
4. provide us with full and accurate information regarding enhancements and new releases of your Products;
5. act in good faith at all times and provide such assistance and co-operation as we reasonably request; and
6. to the extent practicable, maintain registrations of all relevant intellectual property rights and of all names relating in any way to your Products.

You acknowledge and agree that any Product offered for sale by you on the site must first be submitted to Clickfootage to enable it to check the quality of the Product and the information provided with the Product.

Clickfootage may refuse, in its sole discretion, to allow you to offer the Product for sale on the Site. Clickfootage is not required to give reasons for refusing to allow you to offer a Product for sale on the Site.

You acknowledge and agree that If Clickfootage determines, in its absolute discretion, or is notified by a third party, that a Product that you offer for sale on the Site does not comply with any applicable laws and/or these Membership Terms, Clickfootage will disable your Member Account and Member Ledger and withhold all amounts that you may have earned from the sale of the relevant Product until the earlier of:

1. any dispute in relation to the Product has been resolved to the satisfaction of Clickfootage; and
2. the expiry of two years from the date your Member Account and Member Ledger is disabled.

If after two years, the dispute has not been resolved, Clickfootage will pay amounts standing to your credit in your Member Ledger to you via PayPal.

You acknowledge and agreed that Clickfootage will, in its sole discretion, determine the fee payable for each Product on the Site.

You acknowledge and agree that Clickfootage may, at its sole discretion, elect at any time to remove your Products from the Site without notice to you. Clickfootage is not responsible for any loss that you may suffer as a result a Product being removed from the site.

Clickfootage is not liable for any loss suffered by you as a result of a Buyer making use of a Product that you offer for sale on a Site contrary to the conditions on which the Product was sold to the Buyer.

16. Exclusivity

You may elect to become an Exclusive Seller which means that you agree only to sell your Products through the Site and not through other web sites or other medium (Exclusive Seller).

In order to become an Exclusive Seller, you must elect to opt into the Exclusive Author Program through your Member Account

For the avoidance of doubt, as an Exclusive Seller, you are still bound by these Membership Terms including the terms of clause 15 which sets out the obligations of Sellers generally.

17. Commissions

If one or more of your Products is sold over the Site, Clickfootage will credit your Member Ledger with the balance of the fee received from the Buyer (that is the gross fee less Clickfootage’s commission).

The commission payable to Clickfootage on each sale of a Product will vary according to whether or not you are a General Seller or an Exclusive Seller.

If you are a General Seller, Clickfootage will be entitled to receive a commission of an amount equal to 30% of the fee payable for each Product sold on the Site.

If you are an Exclusive Seller, Clickfootage will be entitled to receive a commission of an amount equal to 20% of the fee payable for each Product sold on the Sites.

Commission rates may be varied by Clickfootage at its sole discretion, from time to time.

Any changes to the commission rates by Clickfootage will take effect on and from the date on which notice of the variation is posted by Clickfootage on the Site.

19. Prohibited Conduct.

You warrant that while using the Site and the various services and features offered on or through the Site, you will not:

1. use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
2. insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
3. attempt to gain unauthorised access to other computer systems through the Site.

You must not:

1. engage in “spidering”,"screen scraping,""database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site;
2. obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Site by any means;
3. use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
4. use the Site, content or services offered on the Site for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
5. use any mechanism, device software or script to affect the proper functioning of the Site including taking any action which may infect the Site with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
6. take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Site or networks connected to the Site;
7. use the Site or the Site’s services or features in violation of Clickfootage's or any third party's intellectual property or other proprietary or legal rights; or
8. use the Site or the Site’s services in violation of any applicable law.

You further agree that you must not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Sites’ services, or any content of the Site or any of its domains, or make any unauthorised use of the Site or the Sites’ services or any content of the Site or any of the domains of the Site.

You agree that you must not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or any of its services.

You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Sit. Clickfootage  reserves the right, in its absolute discretion, to determine whether or not your use of the Site or content or services available on the Site complies with these Membership Terms.

Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from Clickfootage.

Other than as expressly allowed in these Membership Terms, and unless otherwise indicated in these Membership Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or made available through the Site.

22. Public Forums

Clickfootage may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site.

In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you must not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which:

1. restrict or inhibit any other user from using and enjoying the Site or the Sites’ services;
2. are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
3. constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
4. violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
5. contain a virus, spyware, or other harmful component;
6. contain embedded links, commercial solicitation, advertising, chain letters, mass mailings or, pyramid schemes of any kind;
7. constitute commercial solicitation or ‘spam’ of any kind; or
8. constitute or contain false or misleading indications of origin, endorsement or statements of fact.

You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Clickfootage.

You also may not offer to buy or sell any product or service on, or through, your comments or blog post. You alone are responsible for all information and materials that you post to the Site and the consequences of any of your activities on the Site.

Clickfootage reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site or through the Site, and Clickfootage is not responsible for, and assumes no liability for, any such materials posted by users. However, Clickfootage reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Clickfootage's sole discretion are objectionable or in violation of these Membership Terms, Clickfootage's policies or applicable law.

Clickfootage may also impose limits on certain features of the blogs or restrict your access to part or all of the blogs without notice or penalty if we believe you are in breach of these Membership Terms or applicable law, or for any other reason without notice or liability.

It is important to remember that comments submitted to a blog may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.

It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public blogs.

25. Changes to Membership Terms

Clickfootage may, at its sole discretion, revise or change these Membership Terms (in whole or in part) or the content of the Site from time to time and at any time without notice to you.

Changes in the Membership Terms will be effective at the time notice of the change is posted by us on the Site. It is your responsibility to check for these notices.

Your continued use of the Site and/or the content or services made available on or through the Site after any changes to the Membership Terms are posted will be considered acceptance of those changes.

27. Suspension or Termination

Clickfootage may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:

1. you breach these Membership Terms or any other terms and conditions, agreements or rules governing the Site;
2. Clickfootage is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Site; or
3. Clickfootage believes that your actions may cause legal liability for you, our other Members or us.

Should Clickfootage elect to suspend, terminate or restrict your Membership in any way, you may be prohibited from accessing the Site temporarily or permanently. In either case, you must not apply for a new Member account.