Terms of Use

Please read these Terms of Use carefully before accessing or using this website (the "Site").

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in these terms of use and in any changes hereto that Timelapse Archive Inc., doing business as Discover Footage ("Discover Footage") may publish from time to time (collectively "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. 

Discover Footage may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. If you breach any of the Terms of Use, your right to access or use this Site shall automatically terminate. 

INTELLECTUAL PROPERTY

All images, videos, footage and all other content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, trade secret and other intellectual property laws. Any unauthorized use of any Content may violate such laws and these Terms of Use. Except as expressly provided herein, Discover Footage does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any of the Content without first obtaining Discover Footage’s prior written consent. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

TRADEMARKS

For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Discover Footage. Nothing contained herein grants or shall be construed to grant you any rights to use any Discover Footage Trademark, unless expressly conferred by these Terms of Use.

You agree that you will not use any Discover Footage Trademark or any variant thereof including misspelling(s) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Discover Footage's prior written consent any word or mark which is similar to or likely to be confused with Discover Footage's Trademarks.

The look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is copyright protected, trade dress and/or trademark or service mark of Discover Footage and may not be copied, imitated or used, in whole or in part, without the prior written consent of Discover Footage.

All other trademarks, product names, and company names or logos used or appearing on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Discover Footage, unless expressly so stated.

Discover Footage may use logos and trade names of Customers without prior written consent in the Site's Clients section for users who pay Discover Footage a licensing fee and enter into a license agreement for such Content. Customers may request Discover Footage not use their logo or trade name in the Site's Clients section by notifying Discover Footage at info@discoverfootage.com.

You may not frame or hotlink to the Site or any Content without the prior written consent of Discover Footage.

INFRINGEMENT

If you believe that any Image or other material made available by Discover Footage infringes upon any copyright that you own or control, please notify us by contacting info@discoverfootage.com.

RESTRICTONS

You agree that you shall not: (i) engage in any conduct that constitutes a violation of any law or that infringes the rights of Discover Footage or any third party; (ii) violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use; or (iii) violate the rights of Discover Footage or any third party (including rights of privacy and publicity).

USE OF CONTENT

Certain Content will only be made available to users who pay Discover Footage a licensing fee and enter into a license agreement for such Content. You may not download, distribute, display and/or copy any Content unless you have first entered into a valid license agreement with Discover Footage. You may not remove any watermarks or copyright notices contained in the Content.  

TERMINATION

Discover Footage may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in Discover Footage's discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES

IN THE EVENT THAT DISCOVER FOOTAGE PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD PARTY TO LINK FROM ITS WEBSITE TO THE SITE, YOU SHOULD BE AWARE THAT DISCOVER FOOTAGE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF DISCOVER FOOTAGE, AND DISCOVER FOOTAGE PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY DISCOVER FOOTAGE.

WARRANTIES AND DISCLAIMERS

THE SITE, CONTENT, SERVICES AND MATERIALS, ARE PROVIDED BY DISCOVER FOOTAGE UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DISCOVER FOOTAGE MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; AND (iii) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Discover Footage, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Content contributors and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of these Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Discover Footage Content, or your violation of any rights of another.

GOVERNING LAW

This agreement is governed by and shall be construed in accordance with the laws of the Province of Ontario, Canada. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the Province of Ontario and City of Toronto. This agreement shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

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