This agreement is between the parts, Reelax Media S.A. brand owner of CRSF Costa Rica Stock Footage (“The Licensor”), and the user (“The User”) for the use of the stock footage and materials purchased through the CRSF Costa Rica Stock Footage website at www.costaricastockfootage.com.
This Agreement constitutes a legal contract between the parts and will be perfected once the User downloads any material or content provided by the Licensor. The User agrees to these contract by downloading the footage and material provided by the Licensor on this site, and agrees to this contract be an electronic transaction.
The User accepts and understands that it won’t have exclusive rights to the material downloaded through this site and that these material belongs in its entirety to the collaborators that have provided it to the Licensor. The User agrees to not present this material as it own and will provide proper credits when applicable.
The User accepts the following terms as part of the material that has been or will be downloaded from this site and guarantees that any representations made for the usage of the material sold on through CRSF Costa Rica Stock Footage are true and a faithful representation of its intent to use the content provided by the Licensor.
If the User is employed and it’s purchasing the material on behalf of its employees this Agreement will be binding for its employer and its representatives. The User guarantees that it has the authority to enter into this agreement as provided by its employees or representing company or entity.
TERMINATION OF AGREEMENT
The Licensor retains the right to terminate this Agreement without notice in the event that the User has breached the usage limits hereby provided. In such event the User must delete all copies of the material and immediately stop the usage of said material. The rights granted under this Agreement will be immediately terminated if the material is used against the rights granted on this Agreement or if used to purposes or exceeding the License type purchased by the User.
In the event of termination due to any breach by Licensee, Licensor shall be entitled to retain any fees paid by Licensee pursuant to this Agreement in addition to further legal remedies.
LICENSE TYPES AND USAGE
This license granted the User the rights to modify, alter, synchronize, edit, and use of the material within the scope of this license agreement. This License is not transferable to Third Parties without the express authorization by the Licensor.
This is a single use license for the material to be use on one single project for a single: person, organization, company, product or brand, referred as the End Client.
These Licenses authorize the User to use the material as follows:
This license will be included on all purchase material. “Watermarked” material will not be covered under this license.
On online platforms such as YouTube, Vimeo, and the like when there is no monetization of the project,
In Software usage when less than 500K downloads,
Video Walls, when less that 500K impressions,
For personal, non-commercial use,
In film, video, television series, streaming platforms when the budget of the production is less than $10,000.
If the User purchases an Extended License it will be able to use it in addition to the situations described on the “Standard License” on the following events:
Film, video, television series, and content for streaming platforms when the budget is greater than $10,000 in (1) region. Understanding a region as a country.
No limitations on total number of impressions and/or reproductions as described on the Standard License.
On TV Comercial or Advertising on a single region.
The User acknowledges that the materials provided by CRSF Costa Rica Stock Footage as “Watermarked” versions are for internal use only and it’s not authorized to use this material in any form other than for draft purposes on demo versions for the Client. If the User wishes to use this material in a final form it will need to purchase the material from the site and a License that covers its intended use. By downloading a Watermarked version the User agrees to this License Agreement.
The following usages will not be authorized:
Usage of the material in a manner different to the License purchased by the User.
The footage used must be part of a project and cannot be used alone without modifications as part of monetization campaigns on platforms such as YouTube.
Portray any person depicted in the material (i.e. “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
Use any material in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
Use of the material for resale as a stand alone product (video) or as part as collections in any way.
The material will not be used in conjunction to other material in the dissemination of defamatory, false or other inaccurate types of information purporting as “news” or what might be considered misleading or false news type segments.
Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
ENFORCEABILITY OF AGREEMENT
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect.
LICENSOR’S entire liability and User’s exclusive remedy, with respect to any claims arising out of User’s use of the Works or accompanying material (if applicable), or out of User’s actions in downloading such, shall be as follows:
In no event shall Licensor or any of its directors, officers, employees, shareholders, partners, or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation Licensee’s use of, reliance upon, access to, or exploitation of the Works, or any part thereof, or any rights granted to Licensee hereunder, even if Licensor has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liabilities, so the above exclusion may not apply to Licensee.
In any event, Licensor’s total maximum aggregate liability under this agreement, the license provided hereunder, or the use or exploitation of any or all of the Works in any manner whatsoever shall be limited to the fees actually paid by Licensee to Licensor under this Agreement in respect of the use of the Works.
This Agreement will be governed by the substantive laws of the Republic of Costa Rica. All controversies that may arise between the parties derived from this contract, its interpretation, execution, termination or consequences will be submitted to an international arbitration procedure of law that will be administered by the “Centro Internacional de Conciliación y Arbitraje (CICA) de la Cámara Costarricense-Norteamericana de Comercio (AMCHAM)”, to whose rules the parties unconditionally submit. The arbitral tribunal will be composed of a single arbitrator, appointed by the CICA. The arbitration venue will be Costa Rica, and the hearings will be held at the CICA headquarters in San José.