PLEASE READ THIS AGREEMENT AND ALLOTHER AGREEMENTS AND POLICIES REFERENCED HEREIN (COLLECTIVELY DEFINED BELOW ASTHE “TERMS OF SERVICE”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATIONREGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUSLIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTIONWAIVER.
1. About Get Camera Crew and these Terms of Service
Get Camera Crew is a marketplace that provides services to both sellers and buyers of various types of audio andvisual content for businesses and brands. There are two types of users(“Users”) of the Get Camera Crew Platform and these Terms of Service apply toboth. The first type of User contributes content to the Platform (a “Creator”). The other type of User buys content; or a license to use the content (a “Buyer”)that has been provided by a Creator. Get Camera Crew makes its money bycharging transaction fees to both Creators and Buyers for providing itsservices.
This User Agreement (this “Agreement”)is a contract between Get Camera Crew, Inc. (“Get Camera Crew”, “we”or “us”) and you (“you” or “User”), regardless of whetheryou are a Creator or a Buyer. All terms and conditions set forth here in apply to both Creators and Buyers unless otherwise specified.
You must read, agree to, and acceptall the terms and conditions contained in this Agreement to be a User of thePlatform or utilize our services (“Custom Content Services” or our “Marketplace Service“) through our website, located at https://www.getcameracrew.com(the “Site”), and to access any or all other services, including,without limitation, the Marketplace, located at https://go.getcameracrew.com(further defined below), or any applications (including mobile applications)made available by Get Camera Crew (collectively, the “Platform”).
This Agreement includes and herebyincorporates by reference the following important agreements, as they may be ineffect and modified from time to time: PrivacyPolicy; Copyright Policy; together with this Agreement, are referred to as the “Terms of Service”).
Get Camera Crew offers variousservices for registered Users to either submit content (which shall be definedas all still or motion, including video, photographs, graphics, illustration,audiovisual material, and all associated text and metadata; collectively “Content”),as a Creator, or commission rights to submitted Content, as a Buyer, to varioustypes of Content on our Platform. Get Camera Crew makes available thefollowing services to Users:
Custom Content Services, Creators can establish an online profile and upload Content(“Profile Content”), which may be displayed as an onlineportfolio.
Temporary or Permanent Placement Services. Creators may be offeredassignment opportunities to work for Buyers on a temporary or full-time basis.If a Creator chooses to accept such an opportunity you may be required to agreeto an additional agreement.
Creator Subscription Services. Creators may be offered a subscription to CreatorCloud Pro which is an annual subscription service that reduces our transactionfees and provides other offered benefits. If a Creator chooses to subscribe tothis subscription you agree to additional terms. You agree to subscribeannually and pay monthly or annually based on your selection.
Marketplace Services: Get Camera Crew hosts searchable Content (the “Marketplace”) thatit makes available to all Buyers for a possible royalty-free license whereBuyers may purchase the rights to use either (i) a specified amount of Contentas part of a Subscription during a period (a “Subscription”) or (ii) anindividual license of Content (an “Individual License”). In connectionwith the Marketplace, Creators can establish an online profile and uploadContent that may be displayed as an online portfolio.
Get Camera Crew, in its solediscretion, may review any Content submitted by Creators as part of a Project,Marketplace, Challenge, or a Creator profile and remove Content at itsdiscretion. As a Creator, it is your responsibility to read and understand theProject’s and Challenge’s requirements as posted on the Platform.
2. Platform Terms of Service
Acceptance of Terms of Service. You, the User, agree to bebound by the Terms of Service when you (a) access or use the Platform or (b)register for an account (an “Account”) to use the Platform to either (i)request or license Content, as a Buyer, or (ii) submit and sell Content, as aCreator. If you do not accept all of the terms contained in the Terms ofService, as applicable to your use of the Platform, do not register for or usethe Platform.
You must be at least 18 years oldto register to use the Platform. Get Camera Crew may, in its solediscretion, refuse to offer the Platform to any person or entity and may changethe eligibility criteria at any time.
Arbitration Notice. YOU AGREE THAT DISPUTESBETWEEN YOU AND GETCAMERACREW (INCLUDING ITS PARENT, SUBSIDIARIES ANDAFFILIATES) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU HEREBYWAIVE YOUR RIGHT TO PARTICIPATE IN A LAWSUIT, A CLASS ACTION LAWSUIT OR CLASS-WIDEARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT SECTION 6(F) “ARBITRATION” BELOW.
B. User Account Registration
Buyer Account Registration. As part of the registrationprocess, you will be asked to submit certain information at the followingwebpage go.getcameracrew.com such as your name, your organization’s name(if applicable), email address, location (city, state, country), Payment Dataand to create an Account login password (“Buyer Data”). If you areregistering to use the Platform on behalf of a legal entity in the capacity ofa Buyer, (i) you must be the authorized representative of such entity, (ii)have the full power and authority to bind such entity as a Buyer to the CreatorLicense Agreement and/or Copyright Purchase Agreement, and (iii) if such legalentity you represented as a Buyer subsequently disputes such power orauthority, you shall be liable for any failure of such entity to comply withthe Terms of Service as it applies to Buyers.
Creator Account Registration. As part of the registrationprocess, you will be asked to submit certain information at the followingwebpage corp.getcameracrew.com such as your name, your organization’s name (ifapplicable), profile photo, email address, phone number, location (city, state,country), specialty and role (i.e., photographer, videographer, editor, etc.),portfolio hyperlink, content samples, creative style, equipment details,Payment Data, and to create an Account login password (collectively, “CreatorData”). More information regarding use of your Profile,managing your Content and maximizing your earning opportunities can be found inour FAQs.
C. Platform License; User Permissions and Guidelines
Grant of License to Site. Get Camera Crew herebygrants to you a limited, non-exclusive, revocable, royalty-free,non-transferable, non-assignable, non-sublicensable, right and license toaccess and make use of the Platform, solely as permitted by the tools,products, services, functionalities and/or features made available to Users ofthe Platform, subject in all respects to the Terms of Service, and not forredistribution of any kind. Get Camera Crew and our licensors retain allright, title, and interest in and to all Intellectual Property Rights relatedin and to the Platform. The Get Camera Crew logos and names aretrademarks of Get Camera Crew and are registered in certainjurisdictions. All other product names, company names, marks, logos, andsymbols on the Platform may be the trademarks of their respective owners. For the purpose hereof, “Intellectual Property Rights” means all patent rights,copyright rights, mask work rights, moral rights, rights of publicity,trademark, trade dress and service mark rights, goodwill, trade secret rightsand other intellectual property rights as may now exist or hereafter come intoexistence, and all applications therefore and registrations, renewals andextensions thereof, under the laws of any state, country, territory or otherjurisdiction.
Get Camera Crew may terminate anylicense it has granted to any User to access the Platform by providing notice,and the termination of such license shall be effective immediately uponproviding such notice.
Permitted Uses. Get Camera Crew offers thePlatform for your business purposes only and not for personal, household, orconsumer use. Get Camera Crew makes the Platform available for Buyers andCreators to enter service relationships, make and receive payments throughregistered Accounts, and receive and provide services. We do not make anyrepresentations or warranties with respect to any information that is posted onthe Platform by us or anyone else. In no event should any content berelied on or construed as tax or legal advice. You should independentlyverify the accuracy of any content.
User Guidelines and Restrictions. You agree that while usingthe Platform, you will comply with the following rules:
- You will notinterfere with or disrupt the servers or networks connected to the Platform;
- You will nottransmit through the Platform any unlawful, harassing, libelous, privacyinvading, abusive, threatening, defamatory, vulgar, racist, or otherwiseharmful material of any kind, including, without limitation, Content thatdepicts nudity, sexual conduct or violence;
- You will notdisobey or breach these Terms of Service as published by Get Camera Crew on thePlatform;
- You will notviolate any applicable local, state, national or international law, statute,ordinance, rule or regulation;
- You will notupload, post, e-mail, transmit or otherwise make available: (a) any Content ormaterial that infringes upon a third party right, including, withoutlimitation, copyright, trademark right of publicity or privacy or any otherintellectual property rights; (b) any advertisements for yourself, your Contentor your services; (c) any third party advertisements, including banner exchangeservices; (d) any software viruses, Trojan horses, worms or any other maliciousapplication or code; or (e) any Content or material which may constitute orencourage conduct that is a criminal offense or civil wrong or otherwiseviolates any applicable law;
- You arelegally responsible for the Content you make available on the Platform. Otherthan the limited license grant of Marketplace Content, you retain ownership in,and are solely responsible for, the Content you post until such time theContent is transferred to a Buyer;
- You will notimpersonate any person or entity, or make any false statement regarding his orher employment, agency or affiliation with any person or entity;
- You will notscrape or otherwise use any data mining, robots, or similar data gathering orextraction methods (except as may be the result of standard search engineprotocols or technologies used by a search engine with our express consent);
- You will notsolicit, create or submit unwanted email, comments, messages or other forms ofcommercial or harassing communications (a/k/a “spam”) to any other User.
- You will not contact other Creators with the goal of recruiting them for a specific Projectoff the Platform or through a competitor Platform, and/or poach them for asimilar Platform that competes with Get Camera Crew. In the event of a culpablebreach of this provision, you shall be obliged to pay a penalty to bedetermined by Get Camera Crew of no less than the amount of any budget youposted to a Project;
- In the creationof an Account, Creators and Buyers may post URLs in user profile informationand Project details; however, you must not use domain names or web URLs in a GetCamera Crew username without Get Camera Crew’s prior written consent;
- You will notcreate false identities in order to circumvent Get Camera Crew promotionalprograms to earn money, purchase your own Content, post political orpromotional opinions, slander other users, or encourage fraudulentbehavior. Such behavior will result in the removal of the User and theiraccount;
- You will abideby these terms and conditions, Project creation and Content submissionrequirements (as described in the FAQs), including, withoutlimitation, the information concerning Releases (defined below).
You agree not to permit any thirdparty to do any of the foregoing. Get Camera Crew reserves the right toterminate your access to the Platform, and your Projects or remove any Contentthat does not comply with the Terms of Service or for any reason, in its solediscretion.
D. No Solicitation and Non-Circumvent
Because Get Camera Crew hasincurred significant expenses in developing and managing a network of Buyersand Creators, both parties agree not to solicit contact off the Platform forpurposes of circumventing the marketplace and its Fees. Additionally,Buyer agrees that for a period of one (1) year after initially agreeing tothese Terms of Service, Buyer shall not directly solicit business, hireany Creator of Get Camera Crew or interfere with the business relationshipbetween Get Camera Crew and such User.
Enforcement. We reserve the right but donot assume the obligation, to investigate any potential violation of thisSection or any other potential violation of the Terms of Service and to remove,disable access to, or modify any User Content on the Platform. Ourfailure to act with respect to a breach by you or others does not waive ourright to act with respect to subsequent or similar breaches. We do notguarantee we will take action against all breaches of the Terms of Service orthe User Agreement but we reserve the right to do so and pursue damages.
3. BUYER TERMS OF SERVICE
A. Custom Content Services
Service Options. Get Camera Crew provides Buyers with customized options when accessing the Platform through the following service offerings detailed below. This Custom Content Service processbegins with the submission of a Project as outlined in the “Custom ContentServices; Projects and Challenges” paragraph first above. Get Camera Crewmay review the Project and all Content before it can be submitted in responseto a Buyer’s Project. Creators agree to submit all Content produced for a Buyer’s Project when being assigned and in no circumstance shall the Creator with hold Content from a Project. Various self-serve and full-serve options areavailable on the Platform and are as follows:
- Self-Service. ThisService option is an offering that includes full access to our Platform tocomplete and launch a Project. Buyers will have access to tools to builda Project to request Custom Content, bug a Gig, define deliverables, budget theprice the Buyer is willing to pay a Creator for a Project, review suggestedCreators for their Project, and assign a Creator to a Project. Self Serveincludes access to Get Camera Crew’s customer success managers to assist Buyerswith any support-related inquiries but does provide access to Get Camera Crew’sproducing services which are only offered through our Full-Serviceoption. If a Buyer requests production support in connection with theProject, then your payment may increase.
- Full Service. ThisService option is an offering that includes full production support of aProject which includes writing its requirements and identifying Creators onbehalf of Buyers and securing all other resources to launch and manage aProject on our Platform. With this Service, Buyers will have access to a GetCamera Crew producer through the life cycle of a Project. In addition, Buyerswill have access to Self Service tools to build a Project to request CustomContent, define its deliverables, budget the price the Buyer is willing to paya Creator, review suggested Creators for their Project, and optionally chooseto assign a Creator to a Project.
B. Buyer Payment Options
Buyers may pay for a Projector Gig by credit card or may use international money transfer. For any project to start you need to purchase the Gig or Project and we will charge payment for the total amount of budget associated with your Project, Project Milestone or Gig. Your payment will be held in a trusted escrow service(Trustshare) until the Project, Project milestone or a Gig is completed by the Buyer and marked as delivered by Buyer,the funds will be released to the Creators.
C. Buyer Transaction Fees and Service Fees
Get Camera Crew generatesrevenues from fees for various service offerings and is entitled to atransaction fee, as well as a service fee each based on a specified percentageof the total amount charged and invoiced to Buyer upon completion of theProject. When we support Full-Service Custom Content Services, a Buyer’sProject will be quoted on a fixed budget based on scope requirements to deliverthe Content where we build our service fees into the budget. When Buyerscomplete Projects without Full-Service support, they are charged a 5% to 15%transaction fee in addition to a Project’s budget. In addition, GetCamera Crew is also entitled to transaction fees for payments made to Creators.A 20% transaction fee is collected from a Creator’s payment and the totalamount will vary based on each Project’s budget.
4. CREATOR TERMS OF SERVICE
A. Content Defined
All still or motion, including video, photographs, graphics, illustration, audiovisual material, and all associated text and metadata (collectively “Content”) that the Creatoreither makes available to Get Camera Crew to include, or, Creator uploadsdirectly to the Platform, may be accessed, used, licensed or purchased by any User in accordance with the Terms of Service.
B. Get Camera Crew’s Review of Content
Get Camera Crew has the right, but not the obligation, to review any Content submitted by Creators as part of their profile, Project, or Marketplace for compliance with the Terms of Serviceand remove any Content in its sole discretion for any reason. Furthermore, Creators may need to be qualified for skill(s) before they canrespond to and participate on a Buyer Project. If you are selected for a Project, the Project instructions may require you to transfer all copy rightrights in the Content to Get Camera Crew and Get Camera Crew may transfer those rights to Buyers. This ensures the highest quality standards for Buyers.
Other than any watermarks, GetCamera Crew will not knowingly remove any attribution with respect to Creators’Content uploaded to the Platform if provided by Creator. Buyer agrees that it shallprovide attribution to Creator in connection with any editorial use of Contentlicensed via Get Camera Crew’s Marketplace unless Creator waives any right toattribution directly. Creators acknowledge that attribution is not provided byBuyers for advertising or other commercial use. Notwithstanding the above, GetCamera Crew shall not be responsible if the Buyer fails to credit Creators.
D. Creator License Grant to Get Camera Crew
Each Creator that uploads Contentto the Platform agrees to grant, and each Buyer agrees to comply with, thefollowing licenses to Get Camera Crew to use the Platforms where applicable:
License to Get Camera Crew for General Platform Services. A worldwide, non-exclusive,royalty-free, transferable license to sub-license, reproduce, distribute,display, and to create derivative works of Content uploaded to Get Camera Crewin connection with its offering of the Platforms, including for promoting thePlatform and/or redistributing the Platform through third parties in any formatand through any distribution channels.
Creator’s License to Get Camera Crew to sell Content. Creator grants Get Camera Crew a worldwide, royalty-free, transferable license (that is exclusive in the case of Premium Content selected for the Marketplace) to sub-license, reproduce, distribute, publish, transmit, and display (in whole or in part) and to create derivative works of the Content uploaded by Creators(collectively ‘use’) with the right to grant sublicenses and transfer rights(when applicable to Custom Content Services) to Buyers and other sub-licenseesto use the Content, in all media throughout the world, for all legal purposes,other than those uses prohibited below under Prohibited Uses.
Get CameraCrew’s license to sell Content rights to Buyers.
Review/Comping: a worldwide, non-exclusive, non-sublicensable, non-transferable, andnon-assignable royalty-free license to grant access to the Content through thePlatform for a review period of thirty (30) days on a personal computer and, inany test, sample, comp or rough cut evaluation materials (“Comp Use”)for personal evaluation purposes or sample use only, including layouts.
Royalty Free Use License: a worldwide, non-exclusive, non-sublicensable,non-transferable, and perpetual royalty-free personal and commercial license toreproduce, distribute, publish, transmit, and display, in whole or in part, theContent, and create derivative works from the Content in any and all media forall legal purposes other than those uses prohibited above under Section 3.C(Content Use Prohibitions) or as stated with the Content’s “Permission Status”limits.
Storage: Buyer(licensees) may store the Content in a closed digital library, networkconfiguration or similar arrangement to allow the Content to be viewed byemployees, partners, and clients of Buyer only, and so long as Content is notdownloaded through a Subscription, there shall be no more than five (5) usersaccessing the Content at one time.
Creators’ Grant of Buyout Content. For Custom Content Services, Get Camera Crew orBuyer may select a Creator for a Project (or other Custom Content Service)where the Project requires an assignment of all rights to the requested Content(“Content Buyout”). If Creator elects to participate in the Project,Creator shall enter into an agreement pursuant to which the Creator will agreeto such assignment of all rights to the requested Content with Get Camera Crew’sPlatform (a “Content Purchase Agreement”). This Content PurchaseAgreement shall include an assignment of all right, title and interest in andto the Content, including any copyright and, where applicable by law, MoralRights to Get Camera Crew, for Get Camera Crew’s further assignment to theBuyer. Moral Rights means any rights to claim authorship of an item of Content,to object to or prevent any modification of Content, to withdraw fromcirculation or control the publication or distribution of Content, and anysimilar right, existing under judicial or statutory law of any country in theworld, or under any treaty, regardless of whether or not such right is calledor generally referred to as a “moral right.” Creator shall transfer and assignto Buyer, and shall waive and agree never to assert, any and all Moral Rightswith respect to the Content, even after termination of these Terms ofService.
No Rights to Personal Use. Only with prior written consent from either Buyer or GetCamera Crew, Creator’s use of any Buyout Content is limited to personal use andself-promotional use only with prior written permission from Buyer.
No Rights to Similar Buyout Content. Creators must upload all Contentthat is created related to a Buyer’s Project.
D. Rejection of Content
In the event any Content isrejected for failing to timely meet the specifications of a Project or Gig byeither not creating the subject matter or submitting Content that does not meetstandard technical quality requirements of a professional creator, or the Buyerelects to terminate the purchase of any Buyout Content, Buyer will only beobligated to pay Creator fees and expenses relating to the services performedin creating the requested Buyout Content prior to termination. If Buyer rejectsContent for reasons other than technical quality requirements and the shootspecifications are reasonably met, the Creator shall be paid for theContent. Please review our FAQs for more information about ContentBuyout.
A. Your Content Rights
You agree to assign all the rightsto the Digital Assets that you create pursuant to the Video Project Brief andJob to us and agree that we will be the sole beneficial owner of the entireright, title and interest in and to all and any intellectual property rightsconceived, originated, or made by you in the course of Job. You undertake towaive all rights to any of these intellectual property rights inclusive of allmoral rights and like rights that may be recognized in any part of the world tothe fullest extent permissible under law. You further agree not to challengeour ownership, rights, title or interest in the Digital Assets and its right toregister the copyright and any other intellectual property rights, and use orlicense the Digital Assets at its sole discretion.
The Creator shall maintain with aninsurer or insurers of repute reasonable levels of insurance covering to anappropriate degree the liability that the Creator may have under thisAgreement. The amount of such insurance shall not affect the liability of anyparty to any other under the terms of this Agreement. Upon Get CameraCrew’s reasonable request, the Creator shall produce to Get Camera Crewdocumentary evidence to prove that the Creator’s obligations are being compliedwith and the amounts of the insurance cover.
You shall be responsible for allyour own personal insurance and any insurance necessary for the performance ofyour services, including your equipment and personnel.
C. No Solicitation
Creator agrees that while using thePlatform and for a period of one (1) year after the later to occur of the cessationof use or the date of termination or expiration of the Agreement, Creatoragrees not to solicit business from any Buyer or hire any of the employees,consultants, customers, prospective customers, suppliers, or other businessrelations of Get Camera Crew or interfere with the business relationshipbetween Get Camera Crew and such Person.
Removal of Content by Creator. Creator may remove or deleteContent from the Platform which terminates all future grant of rights to usethe Content on the Platform and to grant future licenses to Buyers. Termination or removal of Content by a Creator shall not affect any previouslygranted licenses or assignment of rights to Buyers.
5. CREATOR PAYMENT TERMS
A. Creator Payment
Fees. All fees (“Fees”) arecollected or charged by Get Camera Crew at the time a Project is completed by aBuyer, a Creator is paid for their submitted Content. Creator monies aredeposited into Get Camera Crew’s escrow account and then distributed toCreators via the Creator’s chosen supported payment facilitator after a Buyerhas marked a project as completed.
B. Creator Payout Policy
All Creator Payments. Payments may not bereleased to the Creator until all Fees are collected from the Buyer, and atsuch time, the Creator’s earnings will be made available. Creator’spayments will typically be processed on the 1st of the month but no later than30 days from the date of the Buyer’s payment. Payments paid to the Creator forthe Content sold to a Buyer are considered taxable income in most countries.Creators who receive payments shall be solely liable for ensuring that allpayments of tax and other payments are duly remitted in accordance with theapplicable legislation of their country and region.
Project/Gig Payments. Payments to Creators arefacilitated when a Buyer or a Get Camera Crew employee marks their Project Completein the web service and has accepted the Content. Buyer may only reject Contentsubmitted if it does not meet the technical quality requirements of theProject, including failing to comply with the description of the subjectmatter. Creator payment shall be entitled to the amount displayed amountless any transaction fees assumed by Get Camera Crew. In exceptionalcircumstances, such as if a Creator submits content late or falsely representstheir work, we will cancel a payout to a Creator or in other scenarios asdefined below, we may send a partial payout. Changes to payments are subject toGet Camera Crew’s approval.
Project Expenses. For certain Self Service Projects,a Creator may incur costs (such as model costs, entrance fees, locationbooking, food, etc.) to produce Content as outlined in the Projects. Expenses shouldall be included and estimated in your budget.
Onsite Cancellations. In the event, a Project could notbe completed based on circumstances outside of the Creator’s control (e.g. theBuyer canceled, the location was closed, or there was a last-minute change) acancellation fee may be paid out to the Creator. Cancellation fees are flatrates depending on the type of shoot. Cancellation fees are notguaranteed.
Partial Payments. Less applicable processingfees, payment is sent in full when the Content submitted meets both theminimum deliverable amount and Project requirements in terms of subject matterand technical quality requirements. Partial payments will be sent if one ofseveral of the scenarios apply: 1) there is only some usable Content (or theamount of Content submitted is below the minimum deliverable amount), 2). notall required Content scenarios defined in the Project are present within theContent submitted, 3) a re-schedule is required and the Creator is unableto accommodate, 4) there is no usable Content, 5) the Creator is at faultfor a late submission. If Content is submitted late, a percentage of theCreator’s payment amount will be deducted resulting in a partial payment. Thepercentage deducted may increase for each day the submission deadline ismissed.
Post ProductionRequests. Additional Contentediting requests are occasionally made only to ensure the Content submittedreflects the aesthetic outlined in a given Project. If a Creator is unable toapply the additional edits, a partial payment may be sent.
Full PaymentEligibility. Creators are eligible for full payment when any Project issues have beencommunicated and resolved proactively and they have submitted at least theminimum deliverable amount of Content that 1) satisfies technical qualityrequirements based on industry standards for professional Creators; 2) meetsthe written requirements of the Project as described by the subject matter; and3) submits the Content by the submission deadline. If a Buyer rejects anyContent as described in the Project, the Creator may be given an opportunity toreshoot the rejected Content if possible or practicable.
No Payment Circumstances. Payment will not be issued if no orinsufficient Content is submitted; if the Content does not meet technicalrequirements based on industry standards for professional Creators; if theContent submitted is not the Creator’s own work; is edited from their previouswork; or is in other ways deceitful in nature based on the Project’srequirements.
Taxes. Get Camera Crew does not employUsers in any way. As such, Get Camera Crew will not be liable for any taxor withholding, including but not limited to unemployment insurance, employer’sliability, social security, or payroll withholding tax in connection with youruse of the Platform or any transactions in connection therewith. You understandand agree that if Get Camera Crew is found to be liable for any tax orwithholding tax in connection with your use of the Platforms, then you willimmediately reimburse and pay to Get Camera Crew an equivalent amount,including any interest or penalties thereon.
6. GENERAL TERMS
Get Camera Crew has adopted andimplemented the Get Camera Crew Copyright Policy in accordance with the DigitalMillennium Copyright Act for its Platform. For more information, please readour Copyright Policy.
B. Third-Party Links, Sites, and Services
The Service may contain links tothird-party websites, advertisers, services, special offers, or other events oractivities that are not owned or controlled by Get Camera Crew. We do notendorse or assume any responsibility for any such third-party sites,information, materials, products, or services. If you access any third-partywebsite, service, or content from Get Camera Crew, you do so at your own riskand you agree that Get Camera Crew will have no liability arising from your useof or access to any third-party website, service, or content.
Get Camera Crew has the right, atits expense, to determine in its sole and reasonable discretion, withoutobligation, if, and when, any legal action shall be pursued with regard to theContent offered exclusively on its Site, and to defend claims and counterclaimsrelated to infringements of the Content. Get Camera Crew shall havecomplete discretion regarding its choice of attorney or service for claims basedon infringements. Settlements shall not be subject to Creator’s priorapproval. Creator agrees to cooperate with Get Camera Crew, providing, ifrequested, all reasonable assistance to Get Camera Crew. Creator agrees to benamed in and be joined in as a party to any proceeding in connection with theprosecution or defense of any legal claim. However, Creator shall nothold Get Camera Crew responsible for any misuse of the Content by anythird-party. If Get Camera Crew chooses not to pursue any such claims,then Creator is free to pursue such claims him or herself and is entitled to100% of any compensation he or she receives. Otherwise, all settlementsshall be subject to 50% of any settlement collected by Get Camera Crew.
D. Representations and Warranties; Indemnification
Creator’s Representations andWarranties to Get Camera Crew. Creator represents and warrants that (i) it isthe original creator of the Content and that it holds all rights in and to theContent; (ii) it has the legal right and capacity to enter into these Terms ofUse; (iii) the Content does not infringe upon any copyright, trademark, moralright, right of privacy or publicity or other intellectual property rights ofany third party; and (iv) it has obtained, where applicable, a valid writtenmodel or property release from any relevant third party subject, co-owner orotherwise sufficient to license the Content through the Platform (the “Releases”).
- You have the full power and authority to comply with these Terms, and your activity hereunder conflicts with any obligation on your part;
- The information and qualifications that you have provided in your Profile is accurate and truthful and that samples that you have submitted to create the Account are your original works;
- you are suitably qualified to take up Job(s);
- To the extent that you upload any Digital Assets through the use of the Platform and Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such Digital Assets and that such Digital Assets does not violate intellectual property rights of any third party; and
- You have obtained all necessary clearances, licenses, consent, permits, and insurance coverage required in your country in order to create the Digital Assets, including without limitation, drone permits and licenses for the creation of footage using drones.
Get Camera Crew’s Representationsto Buyers. Provided a Buyer is not in breach of the Terms of Service, Get Camera Crewrepresents and warrants to the Buyer that the Content (as submitted andunaltered by Users) that is downloaded and used in full compliance with theTerms of Service and applicable law will (i) not infringe any copyright,trademark or other intellectual property right, and such unaltered Content doesnot violate any third parties rights of privacy or publicity; and (ii)unaltered Content does not and will not: (y) violate any US law; (z) bedefamatory or libelous; or (iii) be pornographic or obscene.
User Indemnification to Get CameraCrew. EachUser (Buyer or Creator) agrees to defend, indemnify and hold harmless GetCamera Crew, its affiliates, and their respective officers, directors, members,employees and agents, licensees, customers, and other Users from and againstany and all claims, of damages, obligations, losses, liabilities, costs andexpenses (including but not limited to reasonable attorney’s fees) arising fromyour use of the Platform; your use of the Content in violation of the Terms ofService, together with the other Terms of Service and any applicable ContentPurchase Agreement; or your violation of any third party rights, includingcopyright, trademark right of publicity or privacy, or other third partiesintellectual property right; this defense and indemnification obligation willsurvive the Terms of Service and your use of the Platform and the use of anyContent.
Get Camera Crew Indemnification toBuyer. Provided that Buyer is not in breach of the Terms of Service, Get Camera Crewshall defend, indemnify, and hold Buyer harmless up to the “Limits ofLiability” (as hereinafter defined) arising out of or directly connected to anyactual or threatened third party lawsuit, claim, or legal proceeding for directdamages together with expenses (including reasonable outside attorney’s fees)based on Get Camera Crew’s breach of its representations and warranties underthis User Agreement. This indemnification is conditioned upon younotifying Get Camera Crew, in writing, of any such claim or threatened claim,no later than ten (10) days from the date you know or reasonably should haveknown of the claim or threatened claim including all details of the claim thenknown to you. The notification must be emailed to Get Camera Crew email@example.com with a hard copy sent to its parent company, Get CameraCrew, and such notice will be provided to the Get Camera Crew Project Manager Poortland66 1046BD Amsterdam, Netherlands. Get Camera Crew shall have the right toassume the handling, settlement or defense of any claim or litigation to whichthis indemnification applies. You agree to cooperate with Get Camera Crewin the defense of any such claim and shall have the right to participate in anylitigation at your own expense. Get Camera Crew shall not be liable forany legal fees and/or other costs incurred prior to receiving completenotification of the claim as provided herein. Get Camera Crew shall notbe liable for any damages, costs or losses arising as a result of modificationsmade to the Content or the context in which the Content is used by you. GetCamera Crew shall not be liable for consequential damages of any kind, whetheras a result of a loss by you of present or prospective profits, anticipatedsales, expenditures, investments, commitments made in connection with this Agreement,or on account of any other reason or cause whatsoever. Get Camera Crew’stotal maximum aggregate obligation and liability to any one Buyer for allclaims herein shall be limited to the lesser of the actual value of the loss orTen Thousand United States Dollars – ($100.00 USD) – (the “Limits ofLiability”).
Buyer’s Obligation to MitigateDamages. Buyeragrees that upon notice from Get Camera Crew, or upon your knowledge that anyContent is subject to a threatened, potential or actual claim for which Contentowner or Get Camera Crew may be liable, you must immediately and at your ownexpense (a) stop using the Content; (b) delete or remove the Content and anyuses of the Content from your premises, computer systems and storage(electronic or physical); and (c) ensure that your clients, partners and anyentity to whom you’ve provided Content do likewise. Get Camera Crew shallprovide you with replacement Content (which shall be determined by Get CameraCrew in its reasonable commercial judgment) free of charge, provided your useof such replacement Content will be subject to the Terms of Service.
E. Disclaimer; Limitation of Liability
Get Camera Crew takes reasonablemeasures to ensure that the Platform is accessible 24 hours a day, seven days aweek. We reserve the right, at our discretion, to take necessary technological,maintenance or security measures that may affect the accessibility of Service,including shut down of the Platform. We will store digital files up to 30 days representingContent or Projects uploaded by a User to the Platform in the same format asuploaded, but we will not be responsible for any loss, damage or alteration ofthe Content that occurs during the file transfer to or from our servers.
OTHER THAN AS EXPRESSLY SET FORTHTHIS AGREEMENT, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ISWITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITEDTO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OFPERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GETCAMERACREWAND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DONOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANYPARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C)ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSESOR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEETYOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SOTHE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL GETCAMERACREW,NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BELIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OREQUITABLE THEORY WITH RESPECT TO THE PLATFORM (I) FOR ANY LOST PROFITS, DATALOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT,INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER,SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES,TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). SOMESTATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Governing Law; Venue
This Agreement, together with allthe other Terms of Service and any applicable Content Purchase Agreement aregoverned by and construed in accordance with the laws of the Netherlands.
Entire Agreement. This Agreement, togetherwith the other Terms of Service and any applicable Content Purchase Agreement,sets forth the entire agreement and understanding between you and Get CameraCrew relating to the subject matter hereof and thereof and cancels and supersedesany prior or contemporaneous discussions, agreements, representations,warranties, and other communications between you and us, written or oral, tothe extent they relate in any way to the subject matter hereof andthereof. The section headings in the Terms of Service are included forease of reference only and have no binding effect. Even though Get CameraCrew drafted the Terms of Service, you represent that you had ample time toreview and decide whether to agree to the Terms of Service. If anambiguity or question of intent or interpretation of the Terms of Servicearises, no presumption or burden of proof will arise favoring or disfavoringyou or Get Camera Crew because of the authorship of any provision of the Termsof Service.
Feedback. While we are continuallyworking to develop and evaluate our Site, the Platforms and other features andfunctionalities, we pride ourselves on paying close attention to the interests,feedback, comments, and suggestions we receive from the Users. If youchoose to contribute by sending us or our employees any ideas for products,services, features, modifications, enhancements, content, refinements,technologies, content offerings, promotions, strategies, or product/featurenames, or any related documentation, artwork, computer code, diagrams, or othermaterials (collectively, “Feedback”), then regardless of what youraccompanying communication may say, the following terms will apply, so thatfuture misunderstandings can be avoided. Accordingly, by sending usFeedback, you agree that: (i) Get Camera Crew has no obligation to review,consider, or implement your Feedback, or to return to you all or part of anyFeedback for any reason; (ii) Feedback is provided on a non-confidential basis,and Get Camera Crew is not under any obligation to keep any Feedback you sendconfidential or to refrain from using or disclosing it in any way; and (iii)you irrevocably grant Get Camera Crew a perpetual and unlimited permission toreproduce, distribute, create derivative works of, modify, publicly perform(including on a through-to-the-audience basis), communicate to the public, makeavailable, publicly display, and otherwise use and exploit the Feedback andderivatives thereof for any purpose and without restriction, free of charge andwithout attribution of any kind, including by making, using, selling, offeringfor sale, importing, and promoting commercial products and services thatincorporate or embody Feedback, whether in whole or in part, and whether asprovided or as modified.
Modification; Severability; Waiver. No modification oramendment to the Terms of Service will be binding upon Get Camera Crew unlessthey are agreed in a written instrument signed by a duly authorizedrepresentative of Get Camera Crew or posted on the Platform by Get Camera Crew. An email will not constitute a written instrument as contemplated by thissection. If any provision of the Terms of Service is held to be unlawful,void, or for any reason unenforceable during arbitration or by a court ofcompetent jurisdiction, then that provision will be deemed severable from theTerms of Service and will not affect the validity and enforceability of anyremaining provisions. Get Camera Crew’s failure to insist upon or enforcestrict performance of any provision of the Terms of Service will not beconstrued as a waiver of any provision or right. No waiver of any of theTerms of Service will be deemed a further or continuing waiver of such term orcondition or any other term or condition.
Assignability. User may not assign theTerms of Service, or any of its rights or obligations hereunder, without GetCamera Crew’s prior written consent in the form of a written instrument signedby a duly authorized representative of Get Camera Crew. Get Camera Crewmay freely assign the Terms of Service and the other Terms of Service withoutUser’s consent. Any attempted assignment or transfer in violation of thissubsection will be null and void. Subject to the foregoing restrictions, theTerms of Service are binding upon and will inure to the benefit of thesuccessors, heirs, and permitted assigns of the parties.
Force Majeure. The parties to the Terms ofService will not be responsible for the failure to perform, or any delay inperformance of, any obligation hereunder for a reasonable period due to labordisturbances, accidents, fires, floods, telecommunications or Internet failures,strikes, wars, riots, rebellions, blockades, acts of government, governmentalrequirements and regulations or restrictions imposed by law or any otherconditions beyond the reasonable control of such party.
Consent to Use Electronic Records. In connection with theTerms of Service, you may be entitled to receive, or we may otherwise provide,certain records from Get Camera Crew, such as contracts, notices, andcommunications, in writing. To facilitate your use of the Platform, yougive us permission to provide these records to you electronically instead of inpaper form.