DSR Stock – Terms & Conditions
1. How The Footage Library Works
1.1 Drone Safe Register Limited (“We”, “Us” or “Our”) provides an online platform (the “Library”) for our members (“Members”) to offer and sell to users (“Users”) the right to use images and video footage captured using a drone (the “Content”).
1.2 Users of the Library can browse the uploaded Content and shall have the option to purchase two types of licences to use the Content. See Section 4 for more details.
1.3 Licenses to use the Content are offered by Members to Users. We provide the platform on which such licences are offered. We are not part of the licence transaction and do not act on behalf of Members or Users.
1.4 Payment for use of Content will be made via PayPal and not through Us.
2. About Us
2.1 We are Drone Safe Register Limited, a company registered in England and Wales. Our company registration number is 09809154 and Our address is 93 Aldwick Road, Aldwick, West Sussex, PO21 2NW.
2.2 You can contact Us by emailing Us at firstname.lastname@example.org or by writing to Us at the above address.
3. Members’ Use of the Library
3.1 Members may make Content available in the Library in accordance with these Terms.
3.2 Prior to making any Content available in the Library, the Member must ensure that it has:
- 3.2.1 All necessary rights to make the Content available in the Library, and can provide to Us the relevant assignments, permissions and consents relating to such rights.
- 3.2.2 All necessary consents and permissions from any third parties who feature in or whose rights would otherwise be infringed by making the Content available in the Library.
3.3 We do not make any payment to Members for the Content and We are under no obligation to offer the Content in the Library or in any other way.
3.4 We reserve the right to block or remove Content from the Library in our sole discretion.
3.5 We may request that you make revisions to any Content to make it acceptable.
3.6 The Content must be submitted in the format and comply with the requirements made available on the Library from time to time.
3.7 Each member submits Content at its discretion and is under no obligation to do so.
3.8 Each Member warrants, in relation to all Content it submits to the Library, as follows:
- 3.8.1 It is the sole owner of all copyright in the Content, or otherwise has all necessary rights to make the Content available in the Library for use by Users and has obtained all necessary clearances, consents and permissions from all third parties featured in or otherwise relevant to the Content;
- 3.8.2 The Content was filmed in accordance with all applicable laws and by trained, qualified and insured drone pilots;
- 3.8.3 The Content contains nothing libellous, obscene or defamatory.
- 3.8.4 No exploitation of the rights in the Content by a User in accordance with a licence purchased via the Library or by the Library in featuring the Content will infringe the rights of any third party, including privacy or publicity rights, nor create any other liability for Us nor be otherwise unlawful.
3.9 Each Member indemnifies Us from any claims or actions, expenses or costs (including without limitation legal costs) incurred in respect of any claim arising from any breach or alleged breach by it (or anyone acting on its behalf) of any of these Terms.
3.10 Members are not our employees, workers, agents or partners and must not hold themselves out as such. Each Member is fully responsible for and shall indemnify Us for and in respect of:
- 3.10.1 Any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the provision of the Content, where the recovery is not prohibited by law.
- 3.10.2 Any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by such Member against Us arising out of or in connection with the provision of the Content.
3.11 Members can withdraw Content from the Library at any time by following the instructions on the Library. Please note that the withdrawal of Content will not impact any licences already granted under Section 4.
4. Users’ Use of the Library
4.1 Users can use the Library to purchase a licence from Members to use Content.
4.2 The Library offers two types of licences: (i) One Use Licence; and (ii) Unlimited Use Licence, as follows:
- 4.2.1 The One Use Licence means the User has the right to use the Content once, as set out in your order form when you purchase the licence;
- 4.2.2 The Unlimited Use Licence means there is no expiry or end date on the User’s right to use the Content and the User can use the Content an unlimited amount of times;
- 4.2.3 Unless otherwise specified, licences are worldwide, meaning Users have the right to use the Content in any geographic territory, and are non-exclusive, meaning that Members can license the same Content to other Users.
- 4.2.4 For the purpose of this Section 4, “use” means to copy, reproduce, edit, synchronise, perform, display, broadcast, publish, or otherwise make use of. Please note the Restricted Uses section below for exceptions.
4.3 Restricted Uses
- 4.3.1 No unlawful use – Users may not use the Content in a pornographic, defamatory, lewd or otherwise illegal manner, whether directly or by juxtaposition with other materials.
- 4.3.2 No standalone file use – Users may not use the Content in any way that allows others to download, extract, or redistribute the Content as a standalone file (meaning just the Content file itself, separate from the project or end use).
- 4.3.3 No false representation or authorship: Users may not falsely represent that they are the original creator of a work that is made up largely of the Content. For example, a User cannot create a film based solely on the Content and claim that it is the author.
- 4.3.4 No use in trademark or logo – Users may not use the Content as part of a trademark, design mark, trade name, business name, service mark, or logo.
- 4.3.5 No sensitive use without disclaimer – If the Content features an individual and that Content is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, the User must indicate: (1) that the Content is being used for illustrative purposes only; and (2) and that the person depicted in the Content is not endorsing or promoting the subject.
4.4 Who Can Use the Content Besides the User?
- 4.4.1 The One Use Licence and Unlimited Use Licence are both non-transferable and non-sublicensable, meaning that Users cannot sell, rent, give, sub-license or otherwise transfer to anyone the Content or the right to use the Content. However, there are two exceptions:
(a) Employer or Client – If a User is purchasing a licence on behalf of its employer or client, then the employer or client can use the Content. In that case the User represents and warrants that it has full legal authority to bind the employer or client to these Terms. If the User does not have that authority, then the employer or client may not use the Content.
(b) Subcontractors – Users may allow subcontractors or distributors to use the Content in any production or distribution process related to the final project or end use. These subcontractors and distributors may not use the Content for any other purpose.
- 4.4.2 Users may store the Content in a digital library network configuration or similar arrangement to allow it to be viewed within their organisation and by their clients but they must retain any source credit, any copyright notices, the Content’s identification number and any other information as may be invisibly embedded or visibility provided within the electronic files containing the Content.
- 4.4.3 Each User is responsible for its user account, and agrees to: (a) maintain the security of its password and username; (b) notify Us immediately of any unauthorised use or other breach of security; and (c) accept all responsibility for activity that occurs under its account. We reserve the right to monitor downloads and user activity to ensure compliance with these Terms. We may suspend access to User accounts at any time in our sole discretion.
4.5 Users may only use Content in accordance with the relevant licence, not for any Restricted Purposes and not in any other way. Users should contact the relevant Members directly if they require any additional or extended rights.
4.6 Each User will immediately notify Us if it becomes aware or suspect that any third party has gained access to the Content in breach of these Terms, is wrongfully using the Content, in whole or in part, or is violating any of Our or any third party intellectual property rights, including, but not limited to, trademarks and copyrights, as applicable
4.7 Users can terminate their account on the Library by following the relevant instructions. Termination does not affect the User’s liability to pay fees for licences granted under Paragraph 4.
4.8 Each User indemnifies Us from any claims or actions, expenses or costs (including without limitation legal costs) incurred in respect of any claim arising from any breach or alleged breach by it (or anyone acting on its behalf) of any of these Terms.
5. Intellectual Property Rights
5.1 The ownership of all intellectual property rights in Content remain with the relevant Member; Users are just granted a right to use the Content on the terms above.
5.2 Users must ensure that the DSR source credit and the Content’s identification number, which appear in the Content file , remain with the digital copy of the Content at all times. Users must retain any DSR source credit, the name of the Member if applicable, the respective Content identification number and any other information or metadata (the “Content Information”) that is embedded in or provided with the electronic file that comprises any Content downloaded from the Library or otherwise received from Us. Failure to maintain the integrity of the Content Information referred to in this clause will constitute a breach of these Terms.
5.3 In connection with the use of “Drone Safe Register” or any other of Our, or Our partners’ trade names, trademarks, logos or service marks (“Marks”), Users acknowledge and agree that (i) such Marks are and shall remain the sole property of Us or Our partners; (ii) nothing shall confer any right of use in or to the Marks, except as necessary to give attribution; and (iii) Users shall not now or in the future contest the validity of the Marks.
6.1 If you have a complaint about how the Library works, please contact us at the address set out in Paragraph 2.
6.2 If you are a User and have a complaint about Content, please contact the relevant Member directly .
6.3 If you are a Member and have a complaint about your transaction with a User, please contact the User directly.
7. General Provisions
7.1 We do not make any representation, warranty or condition of any kind, either express or implied, in relation to the Content, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. We do not represent or warrant that the Content will meet your requirements or that its use will be uninterrupted or error free.
7.2 We will not be liable for any loss of profits, indirect, consequential, or other similar damages, costs or losses arising out of this agreement, even if We have been advised of the possibility of such damages, costs or losses.
7.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.4 These Terms are governed by English law and legal proceedings can be brought in relation to these Terms in the English courts.
7.6 We will post any updates to these Terms on the Library. Continued use of the Library after the updated terms have been posted indicates acceptance to the updates.
THESE TERMS LAST UPDATED 19 JANUARY 2017