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TERMS AND CONDITIONS OF USE (USER AGREEMENT)

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The following Terms and Conditions of Use (the "Agreement") constitutes an agreement between you ("You" or "Your") and Motion Drops ("MotionDrops"), operator of www.motiondrops.com (the "Site"). By using the Site, you agree to be bound by and accept the terms of this Agreement.

MotionDrops may alter the terms of this Agreement from time to time with prior notice to you. No alteration of this Agreement by you will be binding upon MotionDrops except as expressly agreed in writing signed by an authorized agent of MotionDrops.

Please read this Agreement carefully. This Agreement limits MotionDrops's liability and may substantively affect your rights.

 
 
1. CONSENT

You must be at least 18 years of age to upload Media. We may require proof that You are at least 18 years of age. If You are a minor, You can access the Service only by having Your parent or legal guardian register on Your behalf. By doing so, the parent or legal guardian authorizes You to use the Services and agrees to be bound personally by these Terms and Conditions. We may elect, in Our sole discretion, to monitor Your usage of the Services and the Website for compliance with these Terms and Conditions or for any other reason.

2. WEBSITE CONTENT

The Site contains video, animations, photographs, camera acquired footage and/or other audio, audio-visual or visual works available for licensed use ("Audio-Visual Media" or “Media”) under the terms of MotionDrops's Royalty Free License. The Audio-Visual Media is property of MotionDrops's licensors. Submission of Media to MotionDrops for inclusion in the Site's Audio-Visual Media is subject to MotionDrops's Submission Agreement and Grant of License.

Non-Audio-Visual Media on the Site is property of MotionDrops. MotionDrops makes its best efforts to ensure the accuracy of non-Audio-Visual Media on the Site, but makes no warranties or representations, nor shall be liable for any damages arising from, any inaccuracy of non-Audio-Visual Media on the Site.

MotionDrops operates the Site as a venue for the licensing of video, animations, photographs, camera acquired footage and/or other audio, audio-visual or visual works available for licensed use ("Audio-Visual Media" or “Media”). MotionDrops acts solely as a service provider providing storage of materials on its systems or networks at the direction of MotionDrops's users.

3. MEDIA UPLOAD

If You upload Media to the Website, You agree to give MotionDrops and all users which enter into a Media License Contract irrevocable nonexclusive rights to use the Media for any purpose including publication, display, modification, and creation of derivative works. We have the right to license any Media uploaded by You until the time that You remove the Media from the Website. Once Media is submitted for approval and approved, You may not remove the Media from the site until it has been posted for 90 days.

4. COPYRIGHT

You must own the copyright to all Footage and or Media which You upload. Generally, this means either (1) that You are the owner oe the individual that aquired the Footage, or (2) the copyright of the Footage and Media has been assigned to You by the individual or entity that recorded it. The copyright of all Media uploaded by You is retained by You.

5. PAYMENTS/COMPENSATIONS

(a) Purchasing a license in Media. You may purchase Media from the MotionDrops website after registering as a User, accepting these Terms and Conditions and agreeing to a Media License Contract. Media may be purchased online by purchasing via Visa, MasterCard, Amex or Paypal. The price of the Media You purchase will be the price specified on the Website at the time of purchase.

(b) Selling licensing rights. If you have uploaded Media, and rights in it are purchased by other users, You will be entitled to receive the royalty specified on the Website or by separate schedule for each Footage file downloaded. Royalty payments will be made exclusively through Paypal.

6. OFFSITE LINKS

The Site may contain links to World Wide Web which is not a part of the Site. You agree and acknowledge that MotionDrops is not responsible for such content.

7. USE OF WEBISTE

Use of and access to the Site is limited by the terms of this Agreement. You agree:

Not to use any spider, scraper, robots or any other automated means to access the Site for any purpose without MotionDrops's express written permission.

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

Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any Media from the Site, including but not limited to "framing" Site Media within another site, except that you may use Audio-Visual Media validly licensed by MotionDrops to You under MotionDrops's Royalty Free License.

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

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

8. TERMINATION OF USE

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

9. PRIVACY

MotionDrops does not distribute, sell or rent your personal information to third parties, except as required by law, and uses such information only for the purpose of providing you with services you request. MotionDrops will make its best efforts to maintain all user information securely. You agree to release and hold harmless MotionDrops for any damages arising out of any failure of such efforts.

10. INTELECTUAL PROPERTY

"MotionDrops" and www.MotionDrops.com are trademarks of MotionDrops. Non-Audio-Visual Media on the Site and Site layout are copyright MotionDrops. The visual appearance of the Site is protected trade dress of MotionDrops Copyrights in Audio-Visual Media are held by MotionDrops's licensors.

11. RIGHTS OF THIRD PARTY INTELLECTUAL PROPERTY OWNERS

MotionDrops respects the intellectual property rights of others and operates the Site in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.

Owners of intellectual property rights, including but not limited to rights in the nature of trademark or copyright ("Rights Owners"), who believe any Audio-Visual Media infringes their intellectual property rights may submit Notifications of Claimed Infringement pursuant to 17 U.S.C. § 512(c) to MotionDrops's Designated Agent:

Charley Fernandez, President
MotionDrops
P.O. BOX 278977
Miramar, Florida 33027
1-877-881-3067
email: legal@motiondrops.com
12. SERVICES

MotionDrops may provide services in connection with the Site, including but not limited to email notifications, image and Media downloading and information publication. MotionDrops 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 MotionDrops for any damages arising out of your use of the Site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Site.

You may incur fees for using certain services ("Fee-Based Services") provided by MotionDrops. The fees for Fee-Based Services will be conspicuously posted, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay MotionDrops all fees charged by MotionDrops for Fee-Based Services you elect to access.

13. WARRANTIES

MOTIONDROPS HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE SITE.

14. DISPUTE RESOLUTION

Any dispute arising out of use of the Site or this Agreement shall be governed by the laws of the State of Florida, Broward County, United States, without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of Florida, Broward County and agree not to bring any action against MotionDrops in any other jurisdiction. Nothing in this Agreement shall limit the rights of MotionDrops to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.

 
     
 
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