Please read this. It defines how you can use Motion Places and any footage you download. The License and Terms apply to both free and paid footage.
The quick version: Footage is provided under a Royalty Free License. We retain the copyright. You can’t re-sell footage or make it available for download. If you’re using free clips, you must credit Motion Places as a footage source and link to www.motionplaces.com. If the medium of your project does not allow for credit and linking, you must purchase the footage you plan to use. Purchased footage has no attribution requirement. All footage is offered as-is.
Last Edited on 2017-03-23
This Agreement sets forth the terms and conditions between You (“You” or “Licensee”) as a user of this website and/or its Content (defined below) and the owners and operators of www.motionplaces.com (“Motion Places” or “Licensor” or “We”). By using the site or downloading or using any Content, you represent that you
- Have read, understand, and agree to be bound by this Agreement.
- Are of legal age to form a binding contract with Motion Places.
- Have the authority to enter into this agreement personally.
We may amend this Agreement from time to time without advance notice to you. If you do not agree with the terms and conditions of this Agreement, please cease use of this site and do not continue with any license of Content. We encourage you to print a copy of the Agreement for your records.
- “Content” or “Footage” or “Clip” means all images, footage, films, files, videos, or other audio/visual representations recorded in any format that are owned or controlled by Motion Places and are available for download or license on this website, including but not limited to individual files and group of files (Collections).
- “Licensee” or “You” means the entity or individual using this website and downloading or purchasing Content.
- “Project” means the final work product that is created by or on behalf of the Licensee using the Content as authorized by this Agreement.
2. The License
Motion Places grants you a perpetual, non-exclusive, royalty-free, worldwide, non-transferable license to use the Footage, subject to the following restrictions:
- Your use of the Footage must be in conjunction with, synchronized, mixed, or mechanically reproduced with other audio or audio-visual elements added by you. Your use of the Footage must be incidental to and not a primary feature of any presentational or multimedia works you create.
- Footage may not be sold as stand alone clips/stock files, or included in any other media/stock product, library, or collection for distribution or resale. The Footage may not be used, in part or in whole, as a trademark or service mark, nor may Licensee claim any proprietary rights of any sort in the Footage, or any part thereof.
- If you download and use our free footage, you must credit Motion Places in the final project and link back to www.motionplaces.com wherever the project is displayed online. Footage you purchase does not require attribution.
You may not make available some or all of the Content on a web page or other display as a separate or downloadable reuseable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the Content for any reason whatsoever. You shall take reasonable efforts to prevent the unlawful sharing, downloading or copying of Content. You are aware that each jurisdiction in the world may have different laws pertaining to the rights of individuals or property depicted in the Content, and you will comply with all such laws in use of the Content in the applicable jurisdiction. You will not isolate, emphasize, or otherwise display trademarks or people depicted in the Content in a way that violates the trademark or personal rights of third parties. You will not use the Content in any pornographic, malicious, or misleading manner. You indemnify Motion Places and its licensors for any claims resulting from a claim, damage, judgment, etc. that the rights of a third party are infringed or violated as a result of the specific manner in which the Content is modified or used for the licensee’s specific purposes.
4. Fees and Payments
In exchange for your use of Motion Places Footage, you agree to pay to Motion Places a license fee in advance in the amount most recently listed as the price for that Clip or Collection UNLESS that Clip is made available by Motion Places as a free download and listed as such.
5. Accuracy of billing and account information
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6. Personal Information
Motion Places, its Licensors and Contributors retain all right, title, and interest in and to the Footage not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement.
8. No Warranty
Motion Places makes no representation or warranty with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any of the Footage, and Licensee must satisfy itself that all necessary rights, model releases, consents or permissions as may be required for its intended usage are secured. All Motion Places Content is provided “as is”. We make no representation or warranty either express or implied including but not limited to any implied warranties of merchantability, fitness for any particular use, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Neither Motion Places nor any of its directors, officers, employees, subsidiaries, affiliates, or agents shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the Footage.
9. Taxes and Duties
You are responsible for paying any and all applicable sales taxes, use taxes, value added taxes, customs and duties imposed by any jurisdiction as a result of the license granted to You, or Your use of the Content, pursuant to this Agreement in addition to the License Fee for the Content.
10. Limitation of Liability
Under no circumstances will Motion Places be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of:
- The use of or inability to use the Footage.
- The inability to obtain additional rights to the images (including making additional copies) even if Motion Places has been advised of the possibility of such damages. In any event, the limit of liability of Motion Places, shall be the fee paid for the Footage to Motion Places.
- Your use of Motion Places or it’s content, or for any other claim related in any way to your use of Motion Places or it’s content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of Motion Places or any content (or product) posted, transmitted, or otherwise made available via Motion Places, even if advised of their possibility.
You agree that from time to time we may remove the site or its Content for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, Motion Places is at your sole risk.
Motion Places limitation of liability and its sole remedy under the foregoing warranty, is a replacement of, or a full refund for, the Footage.
12. Unauthorized Use
Any unauthorized use of the Footage by Licensee will constitute an infringement of the rights of Motion Places, including but not limited to Motion Places copyrights in the Footage. In the event of a breach by Licensee, and a failure to remedy, all rights granted to Licensee under this Agreement shall terminate. We retains all rights and remedies available in law or equity and Licensee specifically acknowledges that any breach will result in irreparable harm and loss to Motion Places. Any use of the Footage by Licensee after notice to terminate will constitute intentional infringement of the copyrights held by Motion Places, permitting the award of attorney fees, damages, and/or statutory damages under U.S. Copyright Laws.
The license contained in this Agreement will terminate automatically without notice from Motion Places if you fail to comply with any provision of the Agreement. Upon termination, you must immediately stop using the Motion Places Content and delete the Content and all copies from all magnetic and digital media, and destroy all other copies. Your indemnity and payment obligations and Motion Places’ rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The provisions of this paragraph are in addition to any other remedies and rights Motion Places may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein.
14. Injunctive Relief
You agree that any breach of your obligations with respect to Motion Places’ proprietary or intellectual property rights will result in irreparable injury to Motion Places for which money damages are inadequate and you therefore agree that Motion Places is entitled to injunctive relief in addition to any other relief that a court may deem proper.
Motion Places reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of Utah. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, Licensee agrees to fully reimburse Motion Places for its reasonable legal fees, costs, and disbursements if Motion Places is successful in the suit. Motion Places reserves the right to seek an injunction to prevent breach of your obligation to our intellectual property rights. Motion Places reserves the right to withdraw Footage from use at any time, for any reason, and Licensee agrees to destroy any such file and discontinue the use of any Footage, Clips, and/or images that have been withdrawn from circulation by Motion Places.
16. General Provisions
If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the Agreement will not be affected. Your use of the Footage must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No license for usage of Motion Places Content is granted until payment in full for the Product has been received by us, unless the Clip is designated and available as a free download. No failure of either party to exercise or enforce any of its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the State of Utah, excluding its’ body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Any and all disputes arising under this agreement, with the above exceptions, shall be settled by arbitration pursuant to the rules of the American Arbitration Association. Judgment upon any arbitration award may be entered in the highest court having jurisdiction as provided herein.
17. Accuracy, Completeness, and Timeliness of Information
Motion Places is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
18. Modifications to Content and Prices
Prices for our Content are subject to change without notice. We reserve the right at any time to modify or discontinue the site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Motion Places.
We have made every effort to display as accurately as possible the colors and images of our site and Content. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Content to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Content that we offer. All descriptions of Content or Content pricing are subject to change at anytime without notice, at the sole discretion of Motion Places. We reserve the right to discontinue any Content at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
20. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.
21. Entire Agreement
The failure of Motion Places to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and Motion Places and govern your use of the site and its content, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Motion Places (including, but not limited to, any prior versions of the Agreement).
Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.
PO Box 659 | Midvale, UT | 84047 | USA