Video Upload / Sales Agreement:
By uploading media to email@example.com , or sending media to any Epinephrine Media Productions LLC. photojournalist, or any @onscene.tv E-Mail address, you agree to the following terms and agreement. Individuals selling, or sending video to Epinephrine Media Productions LLC for the express purpose of selling or distributing media content relinquish the use and propagation of said content to Epinephrine Media Productions LLC for one year from the upload date, or otherwise stated by sales staff. Requests to remove media content from other shared media services must be fulfilled no more than twelve (12) hours from beginning sale processing through Epinephrine Media Productions LLC. Epinephrine Media Productions LLC. will maintain control of said media for time period previously stated to make sales and distribute said media to On Scene Video Production Inc clients. This contract can be forfeited at any time for any reason by Epinephrine Media Productions LLC. Sale propagation occurs during a 48 hour time frame. Payment to sold videos will be made the following Monday, after said 48 hour period has expired.
Content License Agreement
THESE LICENSE TERMS cover any images, video, multimedia, audio or other Works provided to you by On Scene.TV (“Epinephrine Media Productions LLC.”) pursuant to one or more Services. Your affirmative act of downloading and/or using any Work signifies that you agree to both these License Terms and Epinephrine Media Productions LLC.’s Website Terms & Conditions and that you consent to receive required notices and to transact business with Epinephrine Media Productions LLC. electronically. If you do not consent to these things, do not download or access any Works. In consideration of the foregoing recitals and the mutual covenants, promises and agreements set forth herein, you and Epinephrine Media Productions LLC. agree as follows:
Epinephrine Media Productions LLC. is in the business of creating and obtaining video footage, editorial content, still and motion picture photography and other items concerning newsworthy events for publication and broadcast in television news and entertainment services, electronic and print media, newspapers, radio, books, magazines, Internet websites, mobile phones, handheld devices and any other media (collectively, “Media Outlets”).
2. Grant of License:
Subject to the Terms outlined herein, Epinephrine Media Productions LLC grants you a non exclusive license to download or otherwise acquire and publicly display (collectively, to “Use”) the Works you select from the Epinephrine Media Productions LLC.’s website via the Media Outlets and Territories you select on account registration. Each Use in a different Media Outlet or territory requires payment of a separate license fee. Your Use is strictly limited to the specific Media Outlets that you designate on account registration. If Use in additional Media Outlets is required over time, please contact an Epinephrine Media Productions LLC. Representative for consultation on revised pricing. Editorial Use Only: Unless specifically agreed to by Epinephrine Media Productions LLC. in writing, all Works are licensed solely on an “editorial” basis, meaning they must be Used as part of legitimate news and/or photojournalism reporting. The Works cannot, without express written permission from Epinephrine Media Productions LLC., be Used as a means of promoting any product or service. This includes, without limitation, “pop-up” or “mouse-over” ads, “tags,” or “widgets,” or any other notifications or display mechanisms that sell or market the persons, places or things depicted in the Work. Works also cannot be Used as part of any branded presence you maintain on “social networking” sites, such as Facebook, Twitter, MySpace, Flickr, YouTube, LinkedIn, Orkut, Plaxo, Wikipedia or Yelp. Before making any non-editorial Use of a Work, please contact an Epinephrine Media Productions LLC. representative for specific pricing and additional Terms that may apply. Additional restrictions: Absent express written consent from Epinephrine Media Productions LLC., do not:
- Falsely represent, expressly or impliedly, that you are the original creator of any Work, or of any other item that derives a substantial portion of its journalistic or pecuniary value from such Work.
- Use any Work on or in connection with any pornographic, defamatory, obscene or otherwise unlawful subject matter, or in any way that would be reasonably likely to bring any person reflected in the Work into disrepute, or to portray such person, place or thing in a manner that: (i) creates a mental association with potentially sensitive subjects, including, but not limited to mental and physical health problems, drug or alcohol abuse, real or implied sexual activity or preferences, criminal behaviour, domestic violence, child abuse, or any other subject matter that would be reasonably likely to reflect adversely upon the person, place or thing reflected in the Work; or (ii) could cause a third party to think that such person personally endorses or is affiliated with any product, company or service offering, unless the original Work itself clearly and unequivocally depicts that person in such a manner.
- Use or incorporate a Work into any logo, trademark or other commercial identifier, or Use or incorporate any logo, trademark or other commercial identifier into a Work.
- Make a secondary reproduction of any Work, including without limitation any reprint or republication on t-shirts, mugs, calendars or other items.
- Crop or re-size a Work more than is reasonably necessary for the efficient display of the Work.
- Remove any watermarks, captions or notices contained within or on the Work (if any such changes are made, Epinephrine Media Productions LLC. will attempt to obtain appropriate corrections and remedies, and you agree to cooperate fully with these efforts).
- Use any Work in a product or system that makes a Work inordinately susceptible to copying and Use by third-parties, such as in an online image database (e.g. Flickr), on an Internet bulletin-board or discussion forum, or within so-called “peer-to-peer” or file-sharing networks.
- Procure, access or use any Works via automated extraction methods or tools such as “robots,” “screen captures,” “spiders” and data mining tools without consent.
- Make or offer any Work as being “embedded” into the websites or other online destinations of third parties who have not licensed said Works.
Epinephrine Media Productions LLC. owns all intellectual property rights in and to the Works and nothing in these License Terms or in any other applicable Term gives you any right, title, interest or ownership thereof. Further, if and to the extent that any Work is ever held to be a “work made for hire” pursuant to the U.S. Copyright Act or other analogous law, You agree to transfer all copyrights in that Work to Epinephrine Media Productions LLC. and to execute all documents and perform all tasks that are reasonably necessary to accomplish, expedite or implement the transfer. You may make one (1) standard-resolution copy of each Work solely for backup purposes, provided all watermarks, captions, notices and commercial identifiers are preserved on the backup copy.
Subject to all applicable Terms, your ability to Use the selected Works is conditioned upon payment as follows: $ (AS AGREED UNDER SEPARATE AGREEMENT) USD per downloaded clip. A recurring invoice will be issued to you on a weekly basis for the previous seven days downloads. Payment will be made within thirty (30) days of each invoice.
4. Term and Termination:
These License Terms shall continue from the date of download or acquisition for five (5) years. However, irrespective of whether these Terms are allowed to expire or are terminated according the provision listed above, Sections 2, 5, 6 and 7 herein shall survive such expiration, along with the provisions listed in the Website Terms & Conditions. Upon such termination or expiration, all Works must be removed from any Media Outlet that you own or control within sixty (60) days of such termination or expiration. If any Works are not removed within the prescribed time-frame, You agree to pay Epinephrine Media Productions LLC. an archive fee in an amount equal to one hundred percent (100%) of the fees listed above from the date of termination/expiration until such removal has been completed.
In addition and without prejudice to any other remedies at law or equity that Epinephrine Media Productions LLC. may have (including those provided for in the Website Terms & Conditions), you specifically agree that Use of any Work in contravention of either these License Terms or the Website Terms & Conditions will require an additional payment in an amount equal to one hundred percent (100%) of the fees listed above in order to offset Epinephrine Media Productions LLC.’ reasonable costs and expenses.
6. Watermarks, and Identifiers:
An appropriate credit line must accompany any Work, reading “Epinephrine Media Productions LLC. or onscene.tv” along with hyperlinks to the aforementioned site.
It is your sole responsibility to determine whether and to what extent any model or other releases are necessary for your particular Use of a Work. Epinephrine Media Productions LLC. neither acquires nor provides releases for any Works.
9. Third Party Usage:
YOU SPECIFICALLY AGREE TO TAKE ALL COMMERCIALLY REASONABLE STEPS TO ENSURE THAT WORKS IN YOUR POSSESSION OR CONTROL ARE NOT MISAPPROPRIATED OR MISUSED BY OTHERS AND THAT ANY SUCH MISAPPROPRIATION OR MISUSE (WHETHER YOU ARE ACTUALLY AWARE OF IT OR NOT) CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT.
Each party agrees to indemnify, defend and hold harmless the other party, along with its respective directors, officers, employees, parents, subsidiaries, affiliates, stockholders, agents and contractors, from any claim or demand (including reasonable attorneys’ fees and costs of suit) made by any third party due to or arising out of a violation or alleged violation of any Term, or of the legal rights of another. The indemnified party shall provide prompt notice to the other party of any such claim. Once notice is given, the indemnifying party shall have the right to, in its sole discretion, assume the exclusive defense and control of the matter and determine whether (and how) to resolve it amicably. The indemnified party shall cooperate with the indemnifying party’s reasonable efforts.
These are “Service-Specific Terms” as defined by Epinephrine Media Productions LLC.’ “Website Terms & Conditions”, which are hereby incorporated by reference. Unless otherwise specified herein, all capitalized words shall retain any special meanings and definitions assigned to them in these License Terms or the Website Terms & Conditions. These Terms are effective upon posting. By using Epinephrine Media Productions LLC.’s services covered by these Terms and thereby agreeing to these Terms, you agree that this version of these Terms applies to all Works licensed under these Terms and any Works previously licensed from Epinephrine Media Productions LLC., whether pursuant to previous versions of these Terms or other agreements between You and Epinephrine Media Productions LLC. Epinephrine Media Productions LLC. may, at its option and without prior notice, freely assign these License Terms and any rights or obligations obtained or incurred here-under, including without limitation the license in Section 2 and / or rights to compensation under Section 3, to (i) any surviving entity in a merger, acquisition or consolidation in which Epinephrine Media Productions LLC. participates; (ii) a buyer in connection with a sale of all or substantially all of the assets of Epinephrine Media Productions LLC., or (iii) any affiliate of Epinephrine Media Productions LLC.
12. Subscriber Agreement:
Copyright © 2014 Epinephrine Media Productions LLC. (OnScene.tv). All rights reserved. By downloading this story for re-broadcast, or by using http://onscenevideo.tv or http://onscene.tv and its services, you agree to the terms and agreements previously established with Epinephrine Media Productions LLC. The video, interviews, sound, and text contained in the download and displayed here on this site (http://onscenevideo.tv) is Copyrighted material, and is licensed for use on your local television broadcast and dedicated station websites only. You may use and rebroadcast this story for a period of one year from the download date unless otherwise noted in your agreement. Use of written information, as well as audio interviews are considered use of video for broadcast. You may not share, distribute, sell, or in any way propagate the video outside of the terms and conditions listed above or in your agreement with Epinephrine Media Productions LLC. This includes, but is not limited to, still image screen grabs, quotes, or any information present regarding a story in question. Any requests you have from outside entities to obtain footage, information, or audio for use outside of this agreement must be directed to contact Epinephrine Media Productions LLC. to arrange licensing. Failure to abide by this agreement, or any agreement previously established with Epinephrine Media Productions LLC. can result in termination of your usage of services provided.
13. Public / Non-Subscriber Footage Disclaimer:
Copyright © 2014 Epinephrine Media Productions LLC. (OnScene.tv). All rights reserved. This video is subject to copyright owned by Epinephrine Media Productions LLC. (OnScene.tv). Any reproduction, republication, or redistribution of all or part of this video is expressly prohibited, unless Epinephrine Media Productions LLC. (OnScene.tv) has explicitly granted its prior written consent. All other rights reserved. The names, trademarks, service marks and logos of Epinephrine Media Productions LLC. (OnScene.tv) or information and images appearing in this video may not be used in or on any website, blog, video site, TV station, film, or information within or about, without prior express written permission from Epinephrine Media Productions LLC. (OnScene.tv). You may not share, distribute, sell, or in any way propagate video, stills, or content. This includes, but is not limited to, still image screen grabs, quotes, or any information present regarding a story in question. Any requests to obtain footage, information, or audio for use outside of prior agreements can contact Epinephrine Media Productions LLC. to arrange licensing. Neither Epinephrine Media Productions LLC. (OnScene.tv), nor any party involved in creating, producing or delivering information and material via this video, shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to, use of or inability to use this video, or any errors or omissions in the content thereof.
Last revision date: November 1st, 2014