Terms & Conditions
GENERAL USE RESTRICTIONS
Catch&Release provides filmmakers (“Contributors”) with the ability to submit their original video content (“Videos”) through this Site for Catch&Release’s potential inclusion of some or all of such Videos in Catch&Release’s online catalog. Catch&Release provides its online catalog of Videos to enable potential buyers (“Buyers”) to search the catalog and to give Buyers the ability to contact Catch&Release to potentially purchase licenses to use such Videos. Any content, logos, graphics and images on this Site, other than the Videos, are referred to herein as the "Materials". The Materials are made available to you by Catch&Release and are the copyrighted and/or trademarked work of Catch&Release or Catch&Release's licensors.
Catch&Release grants you a limited, personal, non-exclusive and non-transferable license to: (i) view and display the Materials on your computing device and to use the Site, all solely for your personal or internal business use; (ii) to view the Videos on the Site; and (iii) if you have created an account on the Site, download the watermarked versions of the Videos and use the watermarked versions of the Videos for your personal or internal business use solely to evaluate whether or not you would like to purchase a license to use such Videos. Except for the licenses set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or Videos that you did not create in any manner.
Except as expressly permitted above, you will not download the Videos from the Site or store any Videos that you did not create on any computing device. These limited licenses terminate automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials and Videos. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials or Videos.
CONTRIBUTORS AND BUYERS
If you would like to purchase a license to use any Videos on this Site, please contact us at email@example.com. We will engage with you on whether we can agree upon and execute a “License Agreement” governing your use of any Videos that you wish to license. You have no right to use any of the Videos unless you first execute a License Agreement with us for such Videos, other than the right to view and download the Videos on the Site for the limited purposes expressly set forth under these Terms.
If any of the terms of these Terms conflict with the terms of a Contributor License Agreement between you and us or a License Agreement between you and us, the conflicting terms of the Contributor License Agreement or License Agreement, as applicable, will control.
PASSWORD RESTRICTED AREAS OF THIS SITE
As a registered user and to use certain functions and areas within this Site, you will need a password to login to this Site. For example, if you are not a registered user, you will not be able to download Videos for your evaluation use and if you are not a registered Contributor, you will not be able to submit Videos. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Catch&Release if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Catch&Release of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
LINKS TO THIRD PARTY SITES
This Site may be linked to other sites that are not Catch&Release sites. Catch&Release is providing these links to you only as a convenience, and Catch&Release is not responsible for such linked sites, including, without limitation, the content, products, services or links displayed on such sites.
As a Contributor, you retain ownership of your Videos. You and not Catch&Release, have full responsibility for each of your Videos that you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. Catch&Release shall not have ownership of your Videos, or the right to sell ownership rights to your Videos.
You agree that you will not transmit or upload to us or this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Video that you make. You represent and warrant that: (i) you own all Videos submitted by you on or through this Site or otherwise have the right to grant the licenses to Catch&Release set forth in this section, and (ii) the posting of your Videos on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity (and that you have obtained all publicity and location releases for such Videos). You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Videos submitted by you to us or through this Site.
VIDEO SUBMISSION ETIQUETTE
Catch&Release requires that you respect the Catch&Release online community as well as other individuals participating within the Catch&Release community. Your conduct should be guided by common sense and basic etiquette.
Catch&Release reserves the right to (a) terminate your access to your account, your ability to submit Videos to this Site and (b) refuse, delete or remove any of the Videos; with or without cause and with or without notice, for any reason or no reason, or for any action that Catch&Release determines is inappropriate or disruptive to this Site or to any other user of this Site. Catch&Release may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Catch&Release's discretion, Catch&Release will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require Catch&Release to monitor, police or remove any Videos or other information submitted by you or any other user.
You agree to indemnify and hold Catch&Release and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Catch&Release or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. Catch&Release may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Catch&Release's discretion, Catch&Release will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Catch&Release is a trademark of Catch&Release in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Catch&Release, Copyright © 2014-2016 Catch&Release, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
COPYRIGHT AND TRADEMARK INFRINGEMENTS
Notification: Catch&Release respects the intellectual property rights of others, and we ask you to do the same. Catch&Release may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Catch&Release's designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Catch&Release to locate the material.
- Information reasonably sufficient to permit Catch&Release to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Catch&Release's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
2429 Damuth Street
Oakland, CA 94602
By e-mail: firstname.lastname@example.org
DISCLAIMER OF WARRANTIES
Although we try to find fresh content and Videos for this Site, Catch&Release does not guarantee the quality or content of the Videos. Your use of this Site is at your own risk. The Materials and Videos may include inaccuracies or other errors. Catch&Release does not warrant the accuracy or timeliness of the Materials or Videos contained on this Site. Catch&Release has no liability for any errors or omissions in the Materials or Videos, whether provided by Catch&Release or our Contributors.
Catch&Release, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY VIDEOS OR MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR VIDEOS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, VIDEOS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Catch&Release DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
LIMITATION OF LIABILITY
Catch&Release SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR VIDEOS TO OR FROM THIS SITE. IN NO EVENT SHALL Catch&Release BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Catch&Release KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, Catch&Release’s AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS.
LOCAL LAWS; EXPORT CONTROL
Catch&Release controls and operates this Site from its headquarters in the United States of America and the Materials or Videos may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, Catch&Release may terminate and/or suspend your access to this Site without notice. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Catch&Release's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Catch&Release and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Catch&Release about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Last updated: March 4, 2015
Effective as of: March 4, 2015