The website at https://www.dronestockshop.com is a website where you can browse, select, license and download videography, footage and digital products (collectively, Content) advertised and described on the Site by Drone Stock Shop Pty Limited (ABN 73 613 993 070) (DSS, us or we).
Please read this Agreement before accessing, using or downloading Content from the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site. By accessing or using the site, including downloading Content from the Site as a licensee you acknowledge and accept the terms and conditions of this Agreement.
The Content on the Site is protected by international copyright laws. All orders for Content constitute orders for licenses only. No order for any Content constitutes the transfer of any right, title or interest in or to any ownership of all or any part of any Content which shall always remain the property of the original creator.
The information contained in this Site and the Content is provided in good faith on an “as is” basis. DSS does not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site and in the Content. As regards any licensee, it is up to the licensee to check that if releases are required that they exist and if they do exist that they satisfy the legal requirements for the project by the end user.
- SITE INTELLECTUAL PROPERTY
You acknowledge and agree that the copyright in the Site, the Content, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the Material) are owned by or licensed to us.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public Material without our prior written consent.
You must not frame or embed in another website any of the Material appearing on this Site without our prior written consent.
You may store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and print hard copies of the content and Materials for the sole purpose of viewing and purchasing Content but not for any other use, including commercial use.
This Site, the Content and any ancillary materials or documents owned or used by DSS in connection with the sale of licensed Content and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of DSS. You must not use any of the marks or trademarks appearing on the Site and/or on or within Content or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
DSS does not claim that any information, files or Content obtained from, through or in connection with this Site is free from viruses or other faults or defects. You are responsible for scanning any information, files or Content for viruses.
You agree that DSS has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any virus, fault or defect transmitted from, through or in connection with the Site or the Content. In any event, if DSS is found to be liable this will be limited to the cost of supplying the information, files or Content again.
- PLACING AN ORDER FOR CONTENT
You may order Content from the Site by selecting and submitting your order through the Site in accordance with this Agreement.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
- ACCEPTANCE OR REJECTION OF AN ORDER FOR CONTENT
DSS reserves the right to accept or reject your order for any reason, including (without limitation) if the requested Content is not available, if there is an error in the price or the Content description posted on the Site or in your order.
Each order placed for Content through the Site or any other means which we accept results in a separate binding agreement between you and DSS for the license of that Content. For each order accepted by us, we will supply the Content to you in accordance with this Agreement.
If we reject an order, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
- CANCELLING AN ORDER (BY DSS)
DSS may cancel all or any part of an order (including any orders that we have accepted) without any liability to you for that cancellation if the requested Content is not available; or there is an error in the price or the Content description posted on the Site; or the order has been placed in breach of this Agreement.
- CANCELLING AN ORDER (BY YOU)
Orders may not be cancelled by you once submitted via the Site. Should you wish to correct your delivery or contact details prior to the order being processed, please contact us at email@example.com and we will endeavor to assist you.
- DELIVERY OF CONTENT
Delivery will occur via electronic means in the manner DSS deems appropriate in its sole discretion. This may include, without limitation, delivery by way of DSS making a download link available to you to download the Content to your computer or similar device. You may also receive an activation key or similar product license descriptor via a separate communication which may be required to activate or use the Content. For the avoidance of doubt, delivery will be completed and DSS’s obligations in respect thereof satisfied upon DSS making the Content available.
You are responsible for all costs and expenses associated with downloading, installing, running, accessing or using the Site, its services and any Content you license, including, without limitation, any costs associated with computing hardware, maintenance, server and data storage and internet access.
All Content on the Site may be downloaded under the Standard and/ or the Premium license. The type of license you select determines where and how reproduction of any downloaded Content may occur.
- THE STANDARD LICENSE:
The Standard License allows you to use the downloaded Content for all kinds of items (except items for resale, commercial distribution, point of sale locations, or use in theatre, film and television). Terms:
|The quantity of copies or impressions||Unlimited|
|The quantity of copies of displays for electronic use||Unlimited|
|The maximum allowed size (resolution) of the unmodified Content for electronic use||Unlimited|
|Creation of all kinds of items (except items for resale, point of sale locations, or for use in theatre, film or television)||Allowed|
|Commercial distribution of item (distribution via download or in physical form of more than 100 units of any single item, if such item is intended to generate revenue to you)||Prohibited|
|Creation of items for resale||Prohibited|
Examples of permitted use: online streaming in connection with you or your business, but not for the purpose of re-distribution (YouTube, Vimeo, Netflix, Hulu, Amazon Prime); websites and social media; web advertising (including as part of pre-roll advertising); corporate videos; videos and slideshows sold to third parties for non-commercial use (e.g. wedding videos).
- THE PREMIUM LICENSE
The Premium License includes all permitted uses under the Standard License, and allows you to use the downloaded Content for the creation of items for resale, and in film and television. Terms:
|The quantity of copies or impressions||Unlimited|
|The quantity of copies of displays for electronic use||Unlimited|
|The maximum allowed size (resolution) of the unmodified content for electronic use||Unlimited|
|Creation of all kinds of items (including items for resale)||Allowed|
|Commercial distribution of item (distribution via download or in physical form of more than 1000 units of any single item, if such item is intended to generate revenue to you)||Allowed|
|Use in an advertisement distributed in a single country on television (whether distributed via broadcast, cable, or in an “on-demand” context); out of home (e.g., digital billboard); or in theaters||Allowed|
|In film or theatre production (provided the budget for such film or theatre production does not exceed USD $2,000,000)||Allowed|
|In point of sale locations (provided all such locations are located within a single country), including but not limited to usage in shopping malls; point of sale systems; in-store displays; showroom videos; trade shows; industrial fairs and exhibitions||Allowed|
*Please contact DSS for any commercial use outside of the scope of the Premium License.
- EDITORIAL USE ONLY CONTENT
Content marked “Editorial Use Only” is sold under a limited Standard License, and is prohibited for commercial use or advertising. This Content may contain images and other elements for which special permissions may be required for commercial use or advertising. When using such Content, you must make all reasonable efforts to credit the Contributor, give attribution to DSS and post a link to www.dronestockshop.com
Examples of prohibited use: any commercial purposes; advertising, trademark and product promotion.
- RESTRICTIONS AND LIMITATIONS OF USE OF DOWNLOADED CONTENT
You must only use the Content as dictated by this Agreement. Subject to any Premium License, you must not sell, redistribute, give, assign, make available for free or paid download or by any other electronic or mechanical means, the whole or portion of the Content for which the license was purchased.
You must not allow the Content to be uploaded to any free or paid social media or file-sharing websites such as but not limited to Flickr, YouTube, Vimeo, Facebook etc. unless the license expressly grants such use.
You must not use the Content in a manner that is defamatory, obscene, immoral, pornographic or illegal whether directly with or in context to other material, or make any claim to or falsely represent ownership of the Content.
You must not use any Content that is designated as “editorial use only” for commercial purposes or use the Content in any a way that might infringe upon the copyright or service marks presented and/or shown in the Content. The Content will not be altered or used in a way that would imply a relationship or an endorsement by the copyright or service mark owner within the Content.
You must not use the Content or any portion of the Content within a logo, trademark, brand, emblem or service mark without written permission from DSS or use stills or screen captures derived from footage except in context with the intended end use.
You must not use the Content for SPAM mailings or in any way that competes with the business of DSS.
Upon any expiry of a license period, all working and backup copies of the Content shall be erased and/or destroyed.
Any restricted use of the Content shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. DSS reserves the right to recall and/ or terminate your license of any Content if you have used Content in manner considered as copyright infringement.
You can make backup copies of the digital Content downloaded providing that this Agreement resides with the Content.
- YOUR OBLIGATIONS
While it is not DSS’s intent to monitor your online communications to the Site, DSS reserves the right to remove any content that we become aware of and determine to be harmful, illegal or in breach of copyright laws or privacy laws. You may not use the Site or all or part of any Content for any unlawful activity nor for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes.
You covenant and warrant that:
- all information and data provided by you to DSS (including billing and contact details) or otherwise is true, accurate, complete and up to date;
- any person receiving, accessing or using the Site or the Content is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site, the Content and your placement of any order to us;
- you will ensure that any log in information and password that is used to access the Site or the Content and the details of any account is kept in a safe and secure manner;
- you will promptly notify DSS if you are or become aware that there is or has been an unauthorised use of any of your account, or any other security breach relating to any account;
- you are responsible for any costs associated with your access to or use of the Site and any Content including Internet access fees;
- you are responsible and liable for any person that uses your user access details and/or password to order Content through the Site; and
- you agree that we may charge you for all Content that we agree to supply to you that has been ordered by you or using your account through the Site.
You must not:
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, orders or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- post or transmit to the Site any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- use the Site to violate the security of any computer or other network or engage in illegal conduct;
- tamper with or hinder the operation of the Site, or the Content nor knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure; and
- use the Site or the Content other than in accordance with this Agreement.
- PAYMENTS, FEES AND CHARGES
The fee to purchase a licence for Content, delivery and other charges displayed on this Site are current at the time of issue, however, DSS reserves the right to change the fees at any time before an order is accepted from you.
All fees and charges shown on the Site and identified in this Agreement are in Australian Dollars (AUD) and are inclusive of GST (unless otherwise indicated).
An order by you to purchase a license for Content constitutes an offer by you to purchase such license for the license term, fee and other conditions described in this Agreement, on the Site, or otherwise made known to you upon informing you about the Content.
In ordering any Content, you agree to pay DSS the applicable fee for the Content as outlined on the Site or as otherwise notified to you in advance of your order (Order Fee). You authorise DSS (and/or any third party payment processor of DSS from time to time) to charge and deduct the Order Fee from you using the Payment Details.
Order Fees are payable in full prior to downloading the Content. Once payment is received by DSS a refund cannot be given to you unless DSS agrees that the Content does not meet technical requirements. Refunds will be issued in the same manner as the Order Fee is paid and can take up to 45 days to complete.
All amounts owed to DSS under or in connection with this Agreement constitute debts due and payable by you to DSS until paid in full. You must pay all amounts due to DSS without set-off, deductions counter-claims or conditions; and in available cleared funds. If an amount due under this Agreement is paid after the due date you must pay DSS, in addition to the overdue amount interest at the rate of 10% per annum calculated based on a 365 day year from the date of the default until the date the amount (together with all accrued interest) is paid in full; and all costs and expenses incurred by DSS in collecting the overdue amount.
DSS may terminate this agreement in its sole discretion at any time. Without qualifying the foregoing, DSS may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account and any Content if DSS suspects that you have committed a fraudulent act and/or you have, or you intend to, breach this Agreement.
Any termination by DSS in circumstances where you are not in default of your obligations under this Agreement will take effect at the conclusion of the then current Licence Term.
Any termination by DSS in circumstances where you are either in material default of your obligations under this Agreement, or are in default of a non-material obligation which you fail to remedy within five days of being notified of the default by DSS, will be of immediate effect.
In the event a licence and/or any agreement arising under or in connection with this Agreement is terminated, DSS may take such steps as it deems necessary to ensure you cease using or accessing, or having any ability to use or access, the Site and/ or any Content, including but not limited to revoking your licence and blocking your access.
- WARRANTY AND LIMITATION OF LIABILITY
DSS warrants that it has been granted all necessary permission and rights by Contributors to grant licenses as set forth in this agreement.
Neither DSS nor its Contributors shall be liable for any damages or costs arising from the modification of any Content by or for the end user.
DSS makes no warranties and does not grant any rights to the use of trademarks, service marks, logos, people, or copyrighted art or buildings unless supplied with a specific model or property release for that person or property.
DSS does not warrant or represent the suitability of the Site or the Content for any purpose. To the extent permitted by law, DSS is not liable to you for any direct, indirect and consequential loss and damages arising in any way (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Content including, but not limited to for errors in, or omissions from, the information in this Site and/or the Content.
Any liability to you for loss or damage of any kind arising out of this Agreement, the Site and/ or the Content or in connection with the relationship established by any of them is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
In any event, DSS’s LIABILITY UNDER ANY WARRANTY AND WHETHER IN NEGLIGENCE OR NOT, SHALL NOT EXCEED THE PRICE OF THE ORDER FEE PAID BY YOU.
YOU AND ANY LICENSEE ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SITE AND THE CONTENT SUPPLIED BY DSS AND INDEMNIFY AND HOLD HARMLESS DSS, ITS CONTRIBUTORS, AND ANY OF THEIR ASSIGNS, AGENTS OR EMPLOYEES AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE SOLICITOR’S FEES) RESULTING FROM A FAILURE TO ABIDE BY ANY RESTRICTION OF THE USE OF THE SITE OR THE CONTENT OR BY ANY UNAUTHORIZED USE OF THE SITE OR THE CONTENT, OR ANY CLAIM MADE BY A THIRD PARTY RELATED TO THE USE OF THE SITE OR THE CONTENT BY YOU, ANY LICENSEE OR END USER, CUSTOMERS OR ANYONE ACTING ON YOUR BEHALF.
FAILURE TO SECURE RELEVANT RELEASES BY YOU IS CONSIDERED A BREACH OF THIS AGREEMENT AND ANY INTELLECTUAL PROPERTY RIGHTS, FOR WHICH YOU WILL BE SOLEY LIABLE FOR AND FOR WHICH YOU SHALL INDEMNIFY AND HOLD HARMLESS DSS, ITS CONTRIBUTORS, AND ANY OF THEIR ASSIGNS, AGENTS OR EMPLOYEES.
DSS may change this Agreement at any time, and such modifications will be effective as soon as they are posted on this Site. By continuing to access or use the Site and/or by downloading Content from the Site as a licensee, after this Agreement has been modified, you agree to be bound by the changes to this Agreement.
If you have placed an order for a licence of Content that has been accepted by us, the terms and conditions of this Agreement that will apply to that order are the terms and conditions that applied at the time you placed the order on the Site.
- GENERAL PROVISIONS
If you are entering into this Agreement on behalf of your employer, client or other entity, you warrant and guarantee that you have the full right and authority to so. If you do not have such authority, all your Site activity (including the downloading of any Content) will be considered a breach of this Agreement.
If the whole or any part of a provision of this Agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this Agreement or is contrary to public policy.
This Agreement is governed by the laws of the State of New South Wales and the Commonwealth of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
In this Agreement:
“Contributor” is anyone who enters into an agreement to provide Content to DSS.
“GST” has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).