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www.WeatherVideoHD.TV

TERMS AND CONDITIONS FOR USE OF THIS SITE - AN AGREEMENT Overview (In English)

Welcome to www.WeatherVideoHD.TV! All websites have some rules and regulations, and since some of our services involve a legal agreement, you really want to review these. Here are a few key highlights, but a detailed reading is encouraged. All materials on this website are copyrighted, but visitors are free to roam the website and view the various video clips, stills and descriptive material (Imagery). By doing this you do accept these Terms and Conditions for Use of This Site. Those Registering and opening an Account agree to the terms of the License for Download and Use (License). The Site allows you to create and share Review Bins. Of course, you may also proceed to purchase the right to use any Imagery under the terms of a conventional royalty free License or the educator/weathercaster special use license. As with all similar licenses, you, or your organization, only obtain the rights to use these Imagery for certain permitted purposes, and in no way obtain copyright or ownership. No materials without watermarks obtained from this Site may be used for educational purposes without a license. This means you cannot use our Imagery without payment under what is often termed "Fair Use," as we are marketing the Imagery directly to the educational establishment. However, on the bright side, educational users are eligible for very deep discounts on much of the Imagery. You are also free to use and distribute watermarked "comps" and "screeners" from the site without charge. Your license is not valid until payment has been arranged. We cannot be held liable in any way for your use upon licensing of the Imagery. You, not us, are obligated to determine whether the Imagery requires any model or property release, clearance or other permission (although for most of our offerings this is a moot point). You must also note if specific Imagery are restricted to editorial or classroom use only. We are not responsible for any failures in Site hardware, communications, archiving of information or suitability of licensed Imagery or accuracy of the accompanying information (though we try really hard to get it right). We do enforce violations of copyright laws and intellectual property piracy. Some of the language makes us sound rather cranky, but lawyers make us say these things. We try to be cool about stuff, like doing no evil and such. And we really do like to treat our great customers as well as possible and provide you a valuable service as best as we are able.

The Agreement (In Lawyerese)
  1. Purpose and Definition of Terms
  2. The Website Ownership and Operations
  3. Registering to Open an Account
  4. Privacy
  5. Usage of Review Bins and Comps
  6. Licensing Imagery
  7. Termination of Use
  8. Intellectual Property
  9. Fair Use
  10. Property and Model Releases/Clearances
  11. Offsite Links
  12. Linking to Our Sites
  13. Claims of Infringement
  14. Sufficient Legal Age and Responsibility
  15. Applicable Law and Venue
  16. Entire Agreement and Acknowledgement
  17. Changes to This Agreement
  18. Severability
  19. Miscellaneous
  20. Contact Us

Purpose and Definition of Terms
The following Terms and Conditions for Use of This Site (the "Agreement") constitutes an contract between you and/or any organization for which you may be acting as agent ("You, "Your") and FMA, Inc. ("us," "we," "our," "the Company"), the operator of www.WeatherVideoHD.TV (the "Site"). When we refer to "you" (and "your") we mean you personally, if you are acting as an individual, or the organization, company, government agency or other entity for which you are acting as purchasing agent. By using this Site, you accept and are legally bound by all of the Terms and Conditions for Use of This Site, as well as its Privacy Policy, and if applicable, any License for Download and Use ("License".) We may alter or expand the terms of the Agreement without prior notice to you at any time. The latest version in effect will be posted on the Site. No alteration of this Agreement will be binding upon us unless expressly agreed upon in writing and signed by an authorized agent of the Company. You acknowledge that the Site presents and makes available for download in digital form various video and/or audio files, computer animation, still images and in a variety of formats and resolutions, whether watermarked or not, collectively called "Imagery." The Imagery are fully protected by copyright, held either by us or the Site's contributing suppliers, at any resolution, whether watermarked or not, and whether downloaded for licensing, as comps for evaluation, or as part of a Review Bin. Any degree or manner of alteration of the Imagery in no way eliminates the existing copyright. The Imagery may be employed by you only for Permitted Uses according the terms of either the conventional or special educator license purchased through the Site's online store.

The Website Ownership and Operations
WeatherVideoHD.TV is operated by FMA, Inc., a Colorado Corporation. The Site presents a selection of Imagery for review, sharing and/or royalty free licensing and downloading. The watermark employed is © 20xx www.WeatherVideoHD.TV, and is applied to all Imagery regardless if owned by us or a Site contributor. The Site also contains copyrighted explanatory information ("text material"). We attempt to maintain continuous service and access, but we cannot guarantee that the Site, or all parts of its functionality, shall be available at any given time, and cannot be held responsible in any way by visitors or clients for disruptions in the Site functions or communication links to it.

Registering to Open an Account
Visitors are welcome to inspect the Imagery and text information on this Site, as well as download watermarked comps and screeners, without registering to open an Account. However, in doing so you are implicitly agreeing to these Terms and Conditions for Use of the Site. If you register and open an Account you may in addition: (1) place Imagery in one or more Review Bins, (2) share access to one or more Review Bins with others, such as clients or colleagues, and (3) license the use of Imagery and download the non-watermarked Imagery for their permitted uses. When you register as a Site user, a password and a user account name are be provided. You are solely responsible of any use of the Site or purchases made under this user account name and password. Please protect them. Persons other than yourself may utilize the user account name and password under your supervision, and you thus assume all responsibility and any liability for their use of the Site or Imagery downloaded by such individuals.

Privacy
The personal information you voluntarily place in the Account is kept on file in order to facilitate the fulfillment or your orders. We do not sell, rent or otherwise distribute any such information about you to third parties, other than as needed for the completion of payments or shipping of items ordered. When you register or purchase a License, you warrant that you are providing us via this process accurate, complete, and current information about yourself and your organization. If you continue as a user of the Site and the information required from a registered user changes, please update that information in a timely manner. You agree to release and hold us harmless if for any reason, in spite of our efforts, there is a failure of our efforts to maintain privacy (such as by unauthorized access to or hacking of the Site, etc.). For details our treatment of your personal information and any statistical information please review our Privacy Policy.

Usage of Comps and Review Bins
Without Registering, you are welcome to select Imagery and download complimentary copies ("comps" or "screeners"). These will be watermarked. You are free to utilize these in layouts, mock-ups, time lines, or other ways to assess their suitability. You may share these derived products with clients and others. You may provide the actual watermarked comp/screener files to a third party. You may not distribute any comps or screeners with their watermarks removed. If you have opened an Account, you may create one or more Review Bins to collect selected Imagery. This functionality allows collecting in a convenient location (a URL) Imagery being considered for a given project. If you wish to share these web pages with a colleague, a client or another interested party, you are free to provide them the URL link at no cost. We will attempt to keep the Review Bins of registered users on file for at least 12 months after their creation or update.

Licensing Imagery
The right to use Imagery downloaded from the Site requires the purchase of a License at the prices listed. No license is valid without completing payment arrangements. The License in no way transfers ownership or copyright to these materials, merely they grant permission to employ them for their Permitted Uses. Our royalty free licenses are perpetual, worldwide, all media (unless restricted), non-exclusive and non-transferable. Terms are generally broader and with fewer restrictions that found in many royalty free licenses. Please refer to the License for Download and Use for a complete description of the permitted and non-permitted uses.

Termination of Use
We may at our sole discretion and without prior notice to you, limit or terminate your access or use of the Site for any violation of the several Agreements or Licenses, or for any conduct, which on our sole opinion negatively impacts the functionality of the Site. If this termination is for cause, we will not be obligated to refund any payments made by you to us. You agree to use this Site only for lawful purposes, and to comply with any and all applicable laws and regulations in connection with your use of the Site. You will not use the Site in any manner, which could disrupt the ability of others to use the Site for its intended purpose. Someone bared from the Site shall not be given your password and user account name to access or use the Site's services. You agree to use any Imagery downloaded or licensed from the Site for lawful purposes.

Intellectual Property
All text and Imagery available on the Site are copyrighted either by us or by third party suppliers for whom we act as licensing agents. The appearance of the Site is protected trade dress. The following are trademarks or service marks of FMA, Inc., www.WeatherVideoHD.TV, WeatherVideoHD.TV, WVHD, www.WeatherVideo4K.TV, WeatherVideo4K.com and WeatherVideoHD.com. Without registering as a user and executing a License for Downloading and Use, and completing arrangements for payment, none of the informational material or non-watermarked Imagery on this Site may be used for any purpose.

Fair Use
Many think that if something is posted on the Internet it may be used without permission, perhaps by simply crediting the source, and without obtaining a required license. This is not so. While academics may use certain resources in the classrooms under so-called Fair Use provisions, this is not the case for our Imagery which are explicitly marketed for educational use. You may not use any text or non-watermarked Imagery obtained from this Site for any classroom use, public outreach program, distance learning web Site or any other use, without first obtaining the appropriate license. We do, however, assist educational users by (1) providing lower resolution (and cost) versions of our Imagery that are usually suitable for classroom use, and (2) provide special Educator/weathercaster licenses at nominal service fees for many of our offerings, and (3) allow classroom use of watermarked comps and screeners. Questions? Contact: FairUse@WeatherVideoHD.TV.

Property and Model Releases/Clearances/Restricted Uses
Often stock footage or images require model and property releases and clearances. Given the nature of most of our offerings (shots of the sky or rural landscapes), such releases are not typically an issue. However, for those Imagery containing persons, landmarks, trademarks, logos or similar items that may require permission for your use, we will provide our best judgments as to whether or not a release, clearance or permission is required. However, this assessment is just our informal guidance. You, the user of any of the Imagery, are solely responsible for obtaining any required model or property releases, clearances or permissions. Any guidance provided by us in these matters will be strictly advisory, and again, we (including our third party contributors) are to be held by you completely and totally harmless for any such assistance. Some Imagery may be restricted to editorial or classroom usage only, and you agree to limit your usage as so marked.

Offsite Links
This Site may contain links (URLs) taking a visitor to other web sites operated by third parties. These other sites are not part of our Site and we are in no way responsible for their content nor any harm that may result from your accessing these third party sites.

Linking to Our Site
We would be pleased to have you and your organization link your website to our Site if appropriate. We do, however, request that you first contact us (links@WeatherVideoHD.TV) to obtain our specific permission to do so. We will respond as promptly as possible.

Claims of Infringement
We are strong advocates of intellectual property rights, both our own and those of others, as defined in the Digital Millennium Copyright Act. Much of the Imagery marketed on the Site are completely owned and controlled by us. We do, however, also market Imagery supplied by third party contributors who must warrant that they control and are, or represent, the sole owners of the Imagery they offer to us in order to serve as their licensing agent. In the event that someone believes their intellectual property rights or copyrights have been infringed by any Imagery offered on the Site, we request you inform us immediately. Please submit a notification of claimed infringement by contacting Dr. Walter Lyons, President, FMA, Inc., 4022 Rock Creek Drive, Fort Collins, CO, USA 80528 or via email (infringement@WeatherViedoHD.TV).

Sufficient Legal Age and Responsibility
By using this Site, you warrant that you are of sufficient legal age (generally 18 years of age in most jurisdictions) and are able to enter into any binding legal obligations for any liabilities you may incur either for yourself personally or the organization on whose behalf you are acting as agent. Any child (generally a person under age 18) must have a parent or legal guardian supervisor who is responsible for any Site Registration, download or licensing of Imagery or other content.

Applicable Law and Venue
Disputes that may occur from the use of this Site and its several Agreements, including copyright infringement matters, shall be governed, construed and interpreted according to the laws of the United States and the State of Colorado. The venue for any and all disputes arising under these several Agreements shall lie within the Courts of Colorado in or nearest to Larimer County. See the License for Download and Use for additional information.

Entire Agreement and Acknowledgement
You hereby acknowledge that you have read and understand this Agreement and consent to be bound by it. Also, by use of the information and products found on this Site, you have understood and agreed to the Site's Privacy Policy. Unless specifically stated otherwise in writing and signed by FMA, Inc., the Agreements entered into in your use of this Site constitute the entire agreement between you and us.

Changes to This Agreement
At our sole discretion, we reserve the right to alter any portion of this Terms and Conditions of Use of This Site Agreement at any time without prior notice to you. Any revisions, upon posting on the Site, become effective immediately. Continued use of the Site after the posting of changes in the Agreement means that you have agreed with and accepted the changes.

Severability
If one or more items or provisions of any of the Agreements entered into in the course of using the Site are found to be unenforceable for any reason, all remaining items in the Terms and Conditions of Use of This Site Agreement, the Privacy Policy and the License shall be fully enforceable on their remaining terms.

Miscellaneous
We reserve the right to change the prices of products at any time. The price advertised on the Site paid at the time of downloading remains the amount due regardless of any subsequent increases or decreases of the price for licensing that Imagery. Financial transactions are conducted in U.S. dollars.

Contact Us
If you have actually read all this, congratulations! And if you have questions, concerns, complaints, suggestions or even complements, we can be reached via email (info@WeatherVideoHD.TV or Walter.Lyons@WeatherVideoHD.TV) or by mail at:

Dr. Walter Lyons, CCM
FMA, Inc., dba: www.WeatherVideoHD.TV
4022 Rock Creek Drive
Fort Collins, CO 80528

If you need to talk with us via phone, please email us and we will send you a number that can be used to reach us directly. We will make every effort to respond promptly. However, sometimes we are on travel to shoot on location, which may result in delays, and we apologize in advance if this were to be the case.

© 2016 FMA, Inc., dba www.WeatherVideoHD.TV. All rights reserved.
Last updated 5 July 2016.


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