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TERMS OF USE
Videoblocks.com

ACCEPTANCE OF TERMS

Footage Firm, Inc. a Delaware corporation (hereinafter referred to as Videoblocks.com, we or our), makes this website, www.videoblocks.com (the Site), including all information, documents, communications, files, images, text, graphics, software, products and services available through the site (collectively, the Materials) and all services operated by Videoblocks.com and third parties through the site (collectively, the Services), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Videoblocks.com may publish from time to time (collectively, the Terms of Use or Agreement). Videoblocks.com Content as used in this Agreement means all Materials and Services provided by Footage Firm, Inc. through this Site.
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use. A Subscriber as used in this Agreement refers to you if you subscribed, through a trial subscription or otherwise, to access software products and services on the Site.
Videoblocks.com reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Videoblocks.com does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, lease, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

TRADEMARK INFORMATION

The trademarks, logos, and service marks (Marks) displayed on this Site are the property of Videoblocks.com or other third parties. You are not permitted to use the Marks without the prior written consent of Videoblocks.com or such third party that may own the Marks.

THIRD PARTY MATERIALS

In addition to the Materials and Services offered by Videoblocks.com, this Site may also make available materials, information, and services provided by third parties (collectively, the Third Party Services). The Third Party Services may be governed by separate license agreements that accompany such services. Videoblocks.com offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold Videoblocks.com responsible or liable with respect to the Third Party Services or seek to do so.

PERMITTED USES

Except as expressly indicated to the contrary elsewhere on this Site, you may view, use, download, and print the Videoblocks.com Content available on this Site subject to the following conditions:

  1. You may not redistribute any Videoblocks.com Content in its original form as provided to you by Videoblocks.com. Redistribution of Videoblocks.com Content is permitted when you have added substantial creative value to the original content as provided to you by Videoblocks.com.
  2. Videoblocks.com reserves the right to revoke the authorization to view, use, download, and print the Videoblocks.com Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Videoblocks.com.
  3. The rights granted to you constitute a license and not a transfer of title.
  4. Each Subscriber will be issued a unique user name and password. You are not permitted to share your unique user name and password with any other person or entity unless otherwise agreed to by Videoblocks.com in writing. In addition to Videoblocks.com™ termination rights, Videoblocks.com reserves the right to immediately terminate the software license provided in this Agreement and your right to access and use the software on this Site if you permit others to access or use software using your unique user name and password.

The rights specified above to view, use, download, and print the Videoblocks.com Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

SOFTWARE LICENSE TO USER

The software programs furnished to you online by Videoblocks.com is the proprietary and copyrighted work of Footage Firm Inc. and/or its third-party licensors or contractors. Videoblocks.com provides you with a limited license to use its software, which you agree to use in accordance with the terms and conditions outlined in this Agreement. You may not sub-license, or charge others to use or access, Videoblocks.com’s software without first obtaining written permission from Videoblocks.com. Videoblocks.com may provide automatic upgrades to improve your experience on the Site and with the use or our software programs. During your subscription to the software provided by Videoblocks.com, Videoblocks.com grants to you a limited, nonexclusive, nontransferable, license to use the software in accordance with the terms of this limited license and the terms of this Agreement generally. All right, title and interest in and to the software are retained by Videoblocks.com and its licensors, and this Agreement shall not be construed as transferring any rights of ownership or license to the software or to any information therein except as expressly set forth in this Agreement.

SUBSCRIBER BILLING

If you are a Subscriber, your subscription is effective for the period covered by your subscription fee and continues upon your payment of the monthly (or other periodic billing, depending upon the terms of your subscription) renewal fee. Renewal fees for your subscription will automatically be charged, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive subscription term, until you cancel your subscription. This will be done without prior notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term for which you have paid, you may cancel your subscription and terminate further billing by calling 866-282-5360. If you are a monthly subscriber and choose to cancel after your free trial ends, your subscription and monthly billing will terminate at the end of your monthly billing term and you will not be eligible for a prorated refund of any portion of your paid monthly subscription fee. Videoblocks.com reserves the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.

FREE TRIAL

Free Subscription Trial: By signing up for our free trial subscription you will be entitled to a free video production DVD as advertised on our Site. You will, however, be responsible for shipping and processing costs. You will be asked for valid credit card information when you sign up for the free trial. Videoblocks.com will use your credit card information for shipping and processing your free DVD order. Videoblocks.com will use the credit card information for future subscription fees should you fail to terminate the trial subscription within the timeframe provided by Videoblocks.com. We will start your 10-day free trial upon completion of your order. You may cancel your trial subscription without charge at any time within 10 days of placing your order. If you do not cancel your free trial subscription within 10 days of the date you placed your order, your subscription will continue automatically and the monthly fee will be billed to the credit card or other billing source provided by you when you placed your order, on the first day of each successive subscription term. Such billing will occur without further notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term or the trial period, you may cancel your subscription and terminate future billing by calling 866-282-5360.
Subscription without trial: The monthly fee for a subscription to the Site without a trial period will be billed immediately to the credit card or other billing source authorized by you. Your subscription will continue automatically and the monthly fee will be billed to the credit card.
All fees are quoted in U.S. dollars unless stated otherwise. You are responsible for paying all fees and applicable taxes associated with the subscription with a valid payment method. If your payment method fails, we may collect fees resulting from our collection procedures.

WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and Videoblocks.com or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services, including all software, accessible through this Site are provided as is without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Videoblocks.com makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error or virus free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, including the software, will be corrected.
You understand and acknowledge that (i) Videoblocks.com does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site; (ii) likewise, Videoblocks.com is not responsible for any third party that markets Videoblocks.com’s products, their statements or representations; no third party has the right to make promises or representations with respect to Videoblocks.com’s product, and such promises and representations shall be void; (iii) Videoblocks.com makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iv) any dealings you may have with such third parties are at your own risk; and (v) Videoblocks.com shall not be liable or responsible for any content, products, or services offered by third parties.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Videoblocks.com assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Videoblocks.com or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Videoblocks.com or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.  

LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall Videoblocks.com, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Videoblocks.com has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

INDEMNITY AND LIABILITY

You agree to indemnify and hold Videoblocks.com, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

By accessing this Site, you and Videoblocks.com agree that all matters relating to your access to, or use of, this Site, its Materials, and Services shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof. You and Videoblocks.com also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Delaware with respect to such matters.

GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Videoblocks.com and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Videoblocks.com to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision

ND: 4830-4343-3987, v.  1