Legal | RawFilm

Legal

RAWFILM, INC. STOCK FILM CLIP LICENSE

The following Stock Film Clip License Agreement (“License Agreement”) together with the Terms of Use https://www.raw.film/articles/legal ("TOU"), as they each may be amended or updated from time to time, constitute an agreement (collectively the “Agreement”) between you (“Licensee”) and RawFilm, Inc. and any of its affiliates (collectively “RawFilm”), setting forth the rights and obligations with respect to one or more motion-picture clips available on www.raw.film (the “Site”) which are selected and paid for in full by Licensee (each a “Licensed Clip”, collectively, “Licensed Clips”). If Licensee is a legal entity (and not a natural person), you represent and warrant that you are fully authorized to bind Licensee to this Agreement, and you acknowledge that RawFilm will rely on that representation and warranty. Licensee consents to receive communications from RawFilm electronically and Licensee agrees that all agreements, notices, disclosures and other communications that RawFilm provides to Licensee electronically satisfy any legal requirement that such communications be in writing.

Please review this License Agreement before purchasing a license for any Licensed Clip because it applies to use of any Licensed Clips.

  1. Defined Terms.
    1. Advertising Use” means use in any form of advertisement, endorsement, commercial or promotion, including use (i) in a print advertisement, (ii) in a billboard or other physical (whether static, dynamic or interactive) display advertisement, (iii) in any form of electronic, internet, mobile application display advertisement (whether static, dynamic or interactive, and including in context advertisements), or (iv) in any form of video or audio (including on television, film, motion picture, internet, mobile application or radio) broadcast or in context advertisement or commercials or infomercials.
    2. Commercial Use” means use in motion-picture visual and audio-visual works, including both Advertising Use and Editorial Use.
    3. "Editorial Use" means use in motion-picture visual and audio-visual works, strictly for newsworthy use and expressly excludes any Advertising Use.
    4. Production” means only a single motion-picture visual or audio-visual work that incorporates one or more Licensed Clips into a single new and original motion-picture visual or audio-visual work, that is significantly different from the original Licensed Clips and has taken time, effort, and skill to produce. For the avoidance of doubt, Production excludes all other forms of use of the Licensed Clips, such as use in merchandise and print publications.
    5. "Term" means the period beginning on full payment and continuing in perpetuity unless terminated as permitted in this Agreement.
    6. "Territory" means world-wide, except where any Licensed Clip is prohibited under the applicable law.
  2. License Fee, Refunds, and Taxes. Licensee shall pay RawFilm in full the amount stated on the Site for each Licensed Clip used in a single Production (the “License Fee”). Use of the same Licensed Clip in multiple Productions requires a separate License Fee for each Production. All sales of licenses to Licensed Clips are final, and RawFilm is under no obligation to refund any License Fees under any circumstances, except if RawFilm terminates the license with respect to one or more Licensed Clips pursuant to Section 10(b). If Licensee requests a refund, and RawFilm, in its sole discretion, provides a refund, the license granted in this License Agreement for the applicable Licensed Clips will be rescinded as if never granted. Licensee is responsible for promptly paying any and all applicable sales taxes, use taxes, value added taxes, property tax, customs, duties and any related interest or penalties imposed by any jurisdiction as a result of the License Agreement or any use of the Licensed Clips.
  3. Grant of Rights. Subject to and conditioned on Licensee’s compliance with the terms and conditions of this Agreement, in consideration of the License Fee and Licensee’s other obligations set forth herein, RawFilm hereby grants to Licensee during the Term the nonexclusive, non-transferable (except as provided in Section 11(e)), perpetual (subject to Section 10), and non-sublicensable right and license throughout the Territory:
    1. to reproduce, distribute, display, modify, edit, and perform each of the Licensed Clips solely as part of a single Production for Editorial Use or Commercial Use, as indicated on the Site and/or during the purchase process for each Licensed Clip. For clarity if “editorial” is indicated on the Site and/or during the purchase process for a particular Licensed Clip, the license for that Licensed Clip shall be limited to Editorial Use only.
    2. to reproduce, distribute, display, modify, and edit individual “still” frames from a Licensed Clip, solely in connection with the in context marketing, promotion and advertising of the Production that incorporates the Licensed Clip, provided that the Licensed Clip is not limited to Editorial Use.
  4. Reservation of Rights. Licensee shall use the Licensed Clips only as permitted under this Agreement and shall not, and shall not authorize, permit, or enable any other person or entity to, access, use, exploit, distribute, or perform any other act on or relating to any of the Licensed Clips except as expressly permitted by this Agreement. Any music, dialogue or other ambient audio contained in any Licensed Clip is incidental only and is not licensed by RawFilm; accordingly, Licensee is solely responsible for obtaining any additional clearances relating to any of the audio that may be required. RawFilm reserves all rights not expressly granted to Licensee under this Agreement. Licensee acknowledges and agrees that nothing in this Agreement limits or restricts RawFilm’s rights in or use of the Licensed Clips in any way. Neither this Agreement, nor any act, omission, or statement by RawFilm or Licensee, conveys any ownership right to Licensee in any Licensed Clip, or to any element or portion thereof. As between the parties, RawFilm owns and retains all right, title, and interest in and to the Licensed Clips. Licensee’s permission to use the Licensed Clips is expressly conditioned on Licensee not impairing RawFilm’s copyright in the Licensed Clips in any way.
  5. Credit and Notification.
    1. Credit. If Licensee includes any credits or legal notices in the Production, or upon written request from RawFilm, Licensee shall provide RawFilm with the following credit, including any applicable copyright or trademark notice, in the end titles of the Production: [NAME OF PRODUCTION] Contains footage © [YEAR-meaning the year indicated on the Site for the Licensed Clip or otherwise indicated by RawFilm] RawFilm, Inc. www.raw.film.
    2. Notice and Copy. Licensee shall use commercially reasonable efforts to notify RawFilm via email of each Production within 30 days of any distribution. Upon request by RawFilm, Licensee shall send a copy of the Production to RawFilm promptly after its completion unless the Production is available online, in which case Licensee shall email RawFilm a link that provides online access to a Production.
    3. Trademarks. Other than with respect to the credit obligation in this Section 5, Licensee has no right to use RawFilm’s name or any trademarks or logos. Further, Licensee take all necessary actions to protect all copyright and other rights in the Licensed Clips, as reasonably requested by RawFilm.
  6. Additional Licensee Obligations and Restrictions.
    1. No Distribution of Raw Licensed Clips. Licensee may not allow access to raw (unedited) Licensed Clips, except for the purpose of creation, reproduction or distribution of Productions made by or for the Licensee as permitted by this Agreement.  Licensee may not (i) distribute, transmit or publicly display Licensed Clips as a template, a standalone file or to others for consumption, reproduction or re-sale, or (ii) superficially modify any raw Licensed Clips and sell or license them to others for consumption, reproduction or resale.
    2. No Use in Trademarks or Logos. You may not incorporate any Licensed Clips into a logo, trademark or service mark.
    3. Permissions. Although RawFilm will use commercially reasonable efforts to obtain releases from talent appearing in all Licensed Clips available for Commercial Use (“RawFilm Releases”), RawFilm does not represent that it has obtained any other releases, such as location, property, and trademark releases. RawFilm does not obtain releases for individuals appearing in Licensed Clips made available only for Editorial Use. Excluding only the RawFilm Releases, Licensee shall, before use of any Licensed Clip, obtain from all persons and entities who are, or whose trademark or other property is, identified, depicted, or otherwise referred to in the Licensed Clip, such written and signed licenses, permissions, waivers, releases, and consents (collectively, "Permissions" and each, individually, a "Permission"), including those relating to publicity, privacy, and any intellectual property rights, as are, or reasonably may be expected to be, necessary for Licensee to exercise its rights in the Licensed Clips as permitted by this Agreement. Licensee also shall obtain any required Permissions from any applicable union or guild, including SAG-AFTRA, Writers Guild of America, and Directors Guild of America, and make all required reuse and other fees and residual payments. If any Licensed Clip includes music, which is expressly excluded from the scope of any license granted herein by RawFilm, Licensee shall obtain all Permissions, including but not limited to master use, synchronization, and other licenses and performer consents, and pay all fees and other payments, required for use of the music in the Licensed Clips as permitted by this Agreement. Licensee shall provide RawFilm with a copy of each such fully executed Permission upon request.
    4. Rights Management. Licensee shall maintain intact all electronic tracking, encryption, fingerprinting, and other access control, digital rights management, and copy protection, as may be embedded in the electronic file containing the original Licensed Clip when downloaded from the Site.
    5. Prohibited Use. Licensee shall not use any Licensed Clip, or any portion thereof including portions depicting any person, in any manner that: (i) is defamatory, obscene, or pornographic, depicts anyone in a false light or deceptive context, infringes any trademark, other intellectual property, or any other right, or is otherwise unlawful or injurious or advocates unlawful or immoral activities; or (ii) suggests or implies sponsorship or endorsement of or by, or association with, any third party; or (iii) competes with or is detrimental to RawFilm.
    6. Notification of Unauthorized Use. If Licensee becomes aware of any unauthorized access, duplication of any Licensed Clips, Licensee agrees to promptly notify RawFilm via email at contact (at) raw.film.
  7. Representations and Warranties. Each party represents and warrants that it has the full right, corporate power, and authority to enter into and perform its obligations under this Agreement.
  8. Indemnification. Licensee shall indemnify, defend, and hold harmless RawFilm and its officers, directors, employees, agents, affiliates, successors, and assigns, from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or in connection with any claim, suit, action, or proceeding relating to any actual or alleged breach by Licensee of its representations, warranties, covenants, or other obligations hereunder, or resulting directly or indirectly from the Production or Licensee's use of the Licensed Clips, including but not limited to failure to obtain any required Permission.
  9. Limitation of Liability.
    1. EXCEPT FOR THE EXPRESS WARRANTIES IN SECTION 7, RAWFILM HEREBY DISCLAIMS ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, UNDER THIS AGREEMENT INCLUDING SPECIFICALLY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT FOR RAWFILM’S OBLIGATION TO USE COMMERCIALLY REASONABLE EFFORTS TO OBTAIN RAWFILM RELEASES APPLICABLE TO LICENSED CLIPS AVAILABLE FOR COMMERCIAL USE, RAWFILM MAKES NO REPRESENTATION OR WARRANTY THAT IT POSSESSES ANY RELEASES FOR OR CONCERNING ANY INDIVIDUAL, PRODUCT, GRAPHIC, PICTORIAL, ARCHITECTURAL, OR OTHER WORK OF AUTHORSHIP, TRADEMARK, TANGIBLE PROPERTY, OR OTHER MATTER DEPICTED IN THE LICENSED CLIPS AND COMPANY IS SOLELY RESPONSIBLE FOR OBTAINING ALL LICENSES, CONSENTS, RELEASES, RIGHTS, WAIVERS, AND PERMISSIONS REQUIRED FOR THEIR USE.
    2. RAWFILM WILL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, OR EXEMPLARY DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, LOSSES OF BUSINESS, REVENUE, OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER RAWFILM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAWFILM’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE LICENSE FEE PAID DURING THE 12 MONTH PERIOD PRECEDING THE CLAIM THAT IS THE BASIS FOR THE LIABILITY.
  10. Termination.
    1. Breach by Licensee. This Agreement will terminate automatically with respect to all Licensed Clips if Licensee materially breaches or fails to comply with any terms or conditions of this Agreement and does not cure such breach or failure within 14 days.
    2. Third Party Claim. RawFilm may terminate this Agreement upon notice by RawFilm, with respect to one or more Licensed Clips, if RawFilm reasonably determines that use of those Licensed Clips as authorized herein are, or are likely to become, the subject to a third party claim, in which event RawFilm will offer a refund for the affected Licensed Clips.
    3. Effect of Termination. On the expiration or termination of this Agreement, including with respect to only those Licensed Clips that are subject to a termination notice by RawFilm pursuant to Section 10(b), all rights licensed under this Agreement will terminate and immediately revert to RawFilm and Licensee shall (i) cause to be inactivated and erased all electronic copies of the Licensed Clips in its control and (ii) destroy any tangible copies of the Licensed Clips. For the avoidance of doubt, in the event RawFilm terminates the Agreement for breach, Licensee shall immediately cease all distribution, performance, and other use of any and all instances of Licensed Clips including as contained in any Production. Sections 4-11 shall survive termination of this Agreement.
  11. Standard Terms.
    1. Interpretation. Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; (ii) "must not", "should not", "shall not" and "may not" are expressions of prohibition, and "will", "must", "should" and "shall" are expressions of command, and not merely expressions of future intent or expectation; (iii) use of the singular imports the plural and vice versa; (iv) references to one or no gender include the other or no gender; "(v) when applied to a company, "Affiliate(s)" means any/all companies that from time to time directly or indirectly are owned or controlled by such company, under common ownership or control with such company or own or control such company; (vi) "Person" means an individual or legal entity, including a company or a governmental agency or instrumentality; and (vi) the headings in this Agreement are for ease of reference only and shall not affect its interpretation. This License Agreement shall not be interpreted against the drafting party.
    2. Modification to the Agreement. Notwithstanding anything else in this or any other agreement, (i) RawFilm reserve the right to make changes to this License Agreement, the  TOU, and other restrictions and policies available from the applicable Licensed Clips pages on the Site, at any time and without notice to Licensee, and (ii) Licensee will be subject to those terms in force at the time that the Licensed Clip was downloaded and paid for by Licensee. For avoidance of doubt, a change to any of the terms will not apply to a Licensed Clip that was first downloaded and paid for by Licensee prior to the change. No modification, deletion, amendment of any provision is binding on RawFilm unless in writing signed by Raw Film’s authorized representative or posted by RawFilm on the Site.
    3. Equitable Relief. Licensee agrees that irreparable damage would occur to RawFilm if any provision of this Agreement were not performed in accordance with its terms by Licensee. In the event of non-performance by Licensee, RawFilm will be entitled to equitable relief, including injunctive relief or specific performance of the terms hereof, in addition to any other remedy to which it is entitled at law or in equity.
    4. No Waiver. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party will operate or be construed as a waiver of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
    5. No Assignment. Licensee shall not assign any of its rights, or delegate any of its obligations under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without RawFilm’s prior written consent except that Licensee may assign its rights under this Agreement to the extent necessary to authorize third parties to distribute the Production strictly in accordance with the rights granted to Licensee herein, provided that Licensee remains primarily liable hereunder. This Agreement is binding on and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
    6. Entire Agreement. This License Agreement, together with the TOU and other restrictions and policies available from the applicable Licensed Clips pages on the Site, is the sole and entire agreement of the parties with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. No amendment to this Licensee Agreement is effective unless it is in writing and signed by an authorized representative of RawFilm. If any term or provision of this Licensee Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement nor invalidate or render unenforceable such term or provision in any other jurisdiction. In the event of any conflict between this License Agreement and the TOU or other restrictions, and policies available from the applicable Licensed Clips pages on the Site, the terms of this License Agreement shall govern to the extent of the conflict.
    7. Independent Contractor Relationship. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
    8. Disputes. This License Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. Any legal suit, action, or proceeding arising out of or relating to this License Agreement will be instituted exclusively in the federal courts of the United States of America or the courts of the State of California in each case located in the City and County of San Francisco, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action, or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The Agreement, any download of Licensed Clips and access to and use of the Site, and the entering into this Agreement will be deemed to take place in the United States. No action, regardless of form, arising out of the License Agreement, any supplemental or other agreement or under this Agreement may be brought by Licensee more than one year after the cause of the action has accrued.

 

LAST UPDATED: 3/15/18

RAWFILM INC, TERMS OF USE

This Web site is owned and operated by RawFilm (“RawFilm”). Access and use of this Web site is provided by RawFilm to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

RawFilm may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

1. Registration

You may use elements of the RawFilm by simply visiting our website, but access to most of the RawFilm is available only to registered users.

In order to register to access RawFilm products and services you must be at least 18 years of age. By registering to use the site, you represent and warrant that this is the case. Without prejudice to the foregoing, if reasonably requested by us or if required by customer in relation to use of a particular aspect of RawFilm, you agree to promptly identify yourself in a proper manner.

You agree that you will provide truthful and accurate information when registering to access RawFilm. The decision to accept a registration is in our discretion and we may revoke a registration at any time.

You are responsible for maintaining the confidentiality of your password and account information, and you are solely responsible for all activities that occur under your password or account and for any access to or use of RawFilm by you or any person or entity using your password, whether or not such access or use has been authorized by you.

2. Use of the Site

This Web site and its contents (the "Content") are intended for customers of RawFilm. You may not use this Web site or the Content for any purpose not related to your business with RawFilm. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with RawFilm; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any RawFilm product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose, as determined solely in RawFilm’s discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

3. Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of RawFilm and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with RawFilm, such as a License Agreement, any other use of these Materials without RawFilm's written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.

4. Trademarks

RawFilm, the RawFilm design, RawFilm audio, RawFilm video and any other product or service name or slogan contained in the Site are trademarks of RawFilm and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of RawFilm or the applicable trademark holder. You may not use meta tags or any other "hidden text" utilizing "RawFilm" or any other name, trademark or product or service name of RawFilm without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RawFilm and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

5. Privacy

RawFilm is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website.

6. Copyright Takedown Procedures

If you believe that any materials on RawFilm infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must:

  1. identify the allegedly infringing materials;

  2. indicate where on RawFilm the infringing materials are located;

  3. provide your name and contact information;

  4. state that you have a good faith belief that the materials are infringing;

  5. state that the information in your claim is accurate; and

  6. indicate that you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice in accordance with equivalent requirements.

7. Currency of Website

RawFilm updates the information on this Website regularly. However, RawFilm cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. RawFilm may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

8. Linked Web sites

This Website may provide links to third party Websites for your convenience only. The inclusion of these links does not imply that RawFilm monitors or endorses these Websites. RawFilm does not accept any responsibility for such Websites. RawFilm shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Websites or linked resources.

9. Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

RawFilm shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website. RawFilm recommends that you install appropriate anti-virus or other protective software.

10. Web Site and Materials Provided "As Is"

THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RAWFILM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

11. Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL RAWFILM 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 THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE 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.

12. Indemnification

You agree to indemnify and hold RawFilm harmless against all claims or liability asserted against RawFilm arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

13. Subscription

Certain content may only be accessed, downloaded and licensed by you after you have become a RawFilm subscriber. Descriptions of the various RawFilm subscription packages, pricing and content can be found on our website. Subscriptions automatically renew unless cancelled in advance of the renewal deadline.

Credit card or PayPal account associated with your user account will be charged applicable subscription fee unless you cancel. You may opt out of automatic renewal at any time by accessing your user account and changing your billing options.

We allow our users to upgrade or downgrade their subscriptions on our website. In addition to that there is an additional option to purchase single clips.

We reserve the right to terminate the subscription and revoke granted license in case of abnormal number of daily downloads. We might contact you to verify if your account is not breached and you are using our content in line with our licensing agreement. This is to prevent the abuse of our platform's resources and to ensure that our library is available to all of our paying customers at any given time.

14. Applicable law

This Website is controlled, operated and administered by RawFilm from within the state of Nevada, USA. This Web site can be accessed from all states in the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Nevada, by accessing this Website, you acknowledge and agree that all matters relating to access to, or use of this Website shall be governed by the laws of the state of Nevada and the federal laws of USA applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Nevada and acknowledge that you do so voluntarily.

15. Changes

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

16. Prohibited uses

You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website or website services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

17. Entire agreement

This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

18. CONTACT INFORMATION

Address:

RawFilm, Inc.
304 S. Jones Blvd #6548
Las Vegas, NV 89107

Email:

contact (at) raw.film

Contact No:
+1 (657) 234-6848

RAWFILM, INC.

PRIVACY POLICY

Last Updated: December 1st, 2017

This privacy policy (“Policy”) describes how RawFilm, Inc. and its related companies (“Company”) collect, use and share personal information of consumer users of this website, www.raw.film (the “Site”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.

WHAT WE COLLECT

We get information about you in a range of ways.

Information You Give Us. We collect your‎ name, postal address, email address, phone number, username, password as well as other information you directly give us on our Site.

Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Site.

Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

USE OF PERSONAL INFORMATION

We use your personal information as follows:

  • We use your personal information to operate, maintain, and improve our sites, products, and services.
  • We use your personal information to respond to comments and questions and provide customer service.
  • We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
  • We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
  • We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
  • We use your personal information to provide and deliver products and services customers request.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

  • We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
  • We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • We may share personal information for legal, protection, and safety purposes.
    • We may share information to comply with laws.
    • We may share information to respond to lawful requests and legal processes.
    • We may share information to protect the rights and property of RawFilm, Inc., our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
    • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
  • We may share information with those who need it to do work for us.

We may also share aggregated and/or anonymized data with others for their own uses.

INFORMATION CHOICES AND CHANGES

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

CONTACT INFORMATION. We welcome your comments or questions about this privacy policy. You may also contact us at our address:

RawFilm, Inc. 304 S. Jones Blvd #6548 Las Vegas, NV 89107

CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Last Updated date above.