Times Square Attractions Live LLC – National Geographic Encounter: Ocean Odyssey (additional clips)
Royalty-Free footage license. See below for license terms and conditions.
Royalty-Free License Terms
Stock Footage Licence Terms & Conditions
These terms and conditions are to protect the intellectual property of Undersea Productions. By using the video footage (“Content”) from Undersea Productions you have agreed to be bound by these terms and conditions which Undersea Productions shall enforce to the full extent of the law.
- The Content (Clip Numbers 21023, 28435, 28437, 28951, 28957, 28961, 35235, 35254, 35503, 35728, 35748, 35856, 38126, humpback-6, humpback-7, humpback-8, 35111, 28973) is the sole, exclusive and unencumbered property of Undersea Productions.
- The Content is licensed on a royalty-free basis to Times Square Attractions Live LLC (666 Fifth Avenue, 14th Floor, New York, NY, 10103, USA).
- As the Content remains the property of Undersea Productions throughout the term of the licence, Times Square Attractions Live LLC is strictly prohibited from selling, renting, sub-licensing, sub-distributing, assigning, or in any other way commercialising the Content for any purpose or return whatsoever, other than the purpose specified here.
- As the Content remains the property of Undersea Productions throughout the term of the licence, Times Square Attractions Live LLC must not use it, in whole or in part, as a business or personal trademark, brand or logo.
- Times Square Attractions Live LLC must not synchronise music or audio tracks to the Content without full lawful permissions and consents by relevant third parties to do so.
- Times Square Attractions Live LLC must not use any Content as a screensaver, wallpaper, or other similar use on any computer, mobile phone or similar device.
- Times Square Attractions Live LLC must not use the Content for any purpose that is illegal, immoral, defamatory, constitutes a breach of contract, breach of a third party’s intellectual property, breach of confidence, passing off, or is otherwise not lawful in any jurisdiction in the world.
- Times Square Attractions Live LLC must take reasonable precautions to ensure the intellectual property rights of Undersea Productions in the Content are protected including taking precautions to prevent the Content being downloaded, copied, printed out by third parties or otherwise altered, re-imaged or changed in any way.
- Undersea Productions makes no warranties or representations, express or implied (other than those implied by statute), in relation to the provision or use of the Content under this Agreement. Undersea Productions does not warrant the service providing the Content will be fully operative at all time or error free.
- Undersea Productions does not warrant or represent that the Content you have selected is suitable for your purpose and will not be liable for any damages arising from the application of your selected Content for your purpose.
- In no event will Undersea Productions be liable to Times Square Attractions Live LLC in connection with or in relation to the provision of any Content. Without limiting the provisions and exclusions relating to liability, the maximum aggregate liability for any loss or omission arising from the use of the Content is agreed to be limited strictly to the fees paid to Undersea Productions to license the Content.
- Times Square Attractions Live LLC warrants and represents to Undersea Productions as follows:
- the exercise by you of any rights granted in or to the Content will not constitute any infringement of any copyright, trademark, so-called “format” right or other proprietary right or interest or any statutory right or other rights whatsoever of any third party; and
- the exercise by you of any rights granted in or to the Content will not constitute defamation, breach of privacy, breach of censorship laws, or breach of any other law, by-law, regulation or any other statutory or common law, right, interest or entitlement.
- Where possible, the following credit should be included on all, including but not limited to, primary and derivative uses of the Content:
“Josh Jensen / Undersea Productions” or “Josh Jensen”.
- To ensure compliance with these terms and conditions, one copy of the production into which the Content is incorporate must be sent to Undersea Productions within seven (7) days of completion of the final work.
- Undersea Productions reserves the right to terminate this licence where Times Square Attractions Live LLC is in breach of any terms and conditions of the use of the Content. Such licence will terminate automatically if Times Square Attractions Live LLC is in breach of any term or condition of this Agreement. Upon any termination of this licence, you agree to immediately destroy any electronic Content and cease using the Content.
- Sales (Content licence fees) are final and no refunds or returns, as permissible by law, will be considered. Watermarked previews (“comps”) are freely available from the Undersea Productions website. Refunds may be available if the Content delivery is proven defective.
- These terms and conditions shall be governed by and construed and performed in all respects in accordance with the laws of Queensland, Australia, whose courts shall be the courts of non-exclusive jurisdiction for matters arising in connection with or in relation to these terms and conditions.