Royalty Free Curated Stock Weather Footage, Photos and Illustrations
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Imagery provided via WeatherVideoHD.TV are not sold, but licensed for Permitted Uses. Copyright remains with WeatherVideoHD.TV or its contributors for whom we act as agents. Personnel and property releases, if required, are not included as part of the License and remain the responsibility of the License purchasers. A number of offerings are restricted for editorial or classroom usage only, and it is your responsibility to honor this restriction. As the Imagery are marketed by us for educational use, they may not be used in classrooms under 'Fair Use' in classroom, online or distance learning applications without licensing. The restriction against 'Fair Use' does not extend to Comps or Screeners with visible watermarks. A license is not valid until payment is arranged. Imagery are sold on an 'as is' basis. There are no refunds for any Imagery licensed but not used. Our Permitted Uses and "Thou Shalt Nots" for the licensed Imagery are listed below. Credits are always appreciated and sometimes required by specific contributors.
This License is a contract between you and FMA, Inc., dba WeatherVideoHD.TV, which stipulates our mutual rights and obligations. By registering as an Account Owner, and agreeing to this License, you do so on behalf of yourself, personally, or the organization for which you are acting as purchasing agent. Please read this document carefully. Not doing so will not absolve you if you fail to honor its provisions.
First, for convenience, let us define some of the terms, used throughout this document.
Licensor - FMA, Inc., doing business as www.WeatherVideoHD.TV (the Site), a Corporation located in the State of Colorado, USA is the Licensor of the Imagery and supporting information available from the Site. When we use the terms we, us and our, the Company and the Site, this is to whom we are referring.
Licensee - The customer (Registered Account Owner) who executes the License to allow the permitted uses of Imagery is also referred to by the terms the client, the customer, the user, you and yours.
Imagery - As used in this License, Imagery refers to any video, photograph or illustration downloaded from this Site (or alternately provided on electronic media via courier), including those in Review Bins, downloaded Comp/Screener files, and licensed Imagery. Imagery are provided in a variety of formats, codecs, aspect ratios and resolutions, either with or without copyright watermarks.
Comps/Screeners - Complimentary watermarked files made available at no charge for evaluation may be used in mocks ups, storyboards, rough cuts and time lines to gauge their suitability for a Derivative Work. They may be shared in an unaltered form with clients or third parties as long as watermarks are retained.
Review Bins - Collections of selected Imagery assembled in a convenient location (a URL) to facilitate the selection processes. These URLs may be shared with clients and other third parties at no charge to you.
Permitted Uses - These are the uses of Imagery in Derivative Works that are specifically allowed If a proposed use is not explicitly listed, the potential Licensee should check with us for clarification. However, our License is extremely broad, allowing Imagery use in virtually any derivative work. Permitted Uses are subject to change over time at our sole discretion, but only affect sequent Licenses. Specific Non-permitted Uses are also listed below.
Derivative Work - The Licensee is allowed to include the Imagery, in an altered or unaltered form, within any work that represents a new creation that represents an independently authored work or product created by the Licensee that is a Permitted Use. There are no quantity limitations for distribution once the Imagery is part of a Derivative Work. A mere compilation of Imagery, either altered or unaltered, such as part of a stock library, or catalog allowing customers to purchase individual prints or individual or concatenated video, whether or not with rights of further reproduction, shall not constitute a Derivative Work.
Registered Account Owner - In order to execute the License permitting the download of Review Bins or to license Imagery, there must be a Licensee of record. If this is an individual, then we are referring to that one person. If the individual providing the information is representing an Organization by which he/she is employed, then that entity is the legal Registered Account Owner.
Organization - The Organization is the entity that is the Registered Account Owner. This term is difficult to define precisely given the wide variety of organizational structures present in today's governmental, academic and commercial world. For a standard small business or corporation, then that entity represents the Organization. For a multinational corporation, major divisions in each country would require separate Licenses. For a multi-campus university, then each physical campus represents a single Organization. For broadcasters, a network news operation may use Imagery for different programs and divisions but a separate License is required by each O&O and affiliate. Imagery may not be broadcast on network feeds unless incorporated into a story, program or other Derivative Work. For producers, Imagery may be utilized for different productions created for different customers, but the Imagery may not be supplied as stock for their clients to use for their own purposes. For government agencies, a separate License is required for each distinct entity. We reserve the unilateral right to define the organizational boundaries of Imagery usage in a License acquired by an extended Organization. We may, at our sole discretion, but not unreasonably so, limit the breadth of use by various components with a complex organization if a License is executed without prior consultation. If there is any doubt on your part as to where the boundary may be in your Organization, contact Customer Service and we will respond promptly in writing. Our goal is providing fair value to each Licensee, but also preventing abusive unlicensed proliferation.
This conventional License (that is, not the special educator/weathercaster discount) grants the Licensee, for the Imagery obtained and for which full payment has been arranged, a royalty free, perpetual, worldwide, non-exclusive, non-transferable, all media (unless specifically restricted) license to use, modify and reproduce by inclusion of such Imagery in any Derivative Work under any of the Permitted Uses enumerated below and to distribute the same for an unlimited number of times. The Licensee does not acquire any copyright ownership or equivalent rights to any licensed Imagery.
Royalty Free herein means once payment is made to obtain a License, no further payments are required as long as the terms of the License are honored. There are no “per second” charges for video.
Perpetual herein means that there is no temporal limitation on the use of properly licensed Imagery (with the exception of the unlikely withdrawal of specific Imagery due to the discovery of a possible, threatened or actual infringement previously unknown to us.)
Worldwide herein means the Derivative Works in which the licensed Imagery are included may be distributed and used anywhere, as long as that use would not violate any local laws or ordinances. And, what the heck, we'll throw in the Moon and Mars, too.
Non-exclusive herein means that any Imagery can now and in the future be licensed to any other parties either by us or by any other third party who has obtained rights to license these same Imagery.
Non-transferable herein means unless specifically permitted by us under this License, you may not sell, rent, will, loan, co-utilize, give, sub-license, provide access to or otherwise transfer to anyone besides employees of the Registered Account Owner those licensed Imagery, in either their original or altered form, or the right to use same. The Imagery may not be provided, other than by inclusion in a Derivative Work, to a third party who could then sell or redistribute them either in their original or altered form. You agree to take all reasonable steps to prevent any third party from accessing and/or using the Imagery in your possession outside of the terms of this License.
All Media herein means permission is granted to use any media that now or ever will exist, to distribute or employ the Derivative Works that include the licensed Imagery This includes, but is not limited to, feature films, television news or documentary programs, CD/DVD/Blu-ray discs, commercial websites, distance learning websites, podcasts, streaming video, mobile devices, live performances and lectures, planetarium programs, text books, e-books, magazines, newspapers, advertisements and packaging. Some Imagery may be restricted to editorial usage only, and these are so indicated on the Site. You must remain cognizant of any such restrictions. There are use restrictions for educational/weathercaster discount licenses
Imagery obtained under our conventional License may be employed for the following Permitted Uses by inclusion within a Derivative Work(s). These Derivative Works may be performed, distributed, sold (wholesale or retail) without regard to quantity or frequency. Those Imagery designated as restricted for editorial or classroom usage only (in the Databank adjacent to each offering on the Site preview page) may not be used for commercial purposes. The following are permitted Imagery uses under this License:
Film - theatrical features, documentaries, short subjects, trailers, industrial films, educational films
Video Programming and Productions - newscasts, sportscasts, programming for commercial or educational television, public service announcements, music videos, travelogues; distributed over the air, cable, satellite, Internet, video on demand, tape, streaming video, closed-circuit, podcasts, CDs, DVDs, Blu-Ray; phone APPs and similar products; television studio sets; related promotional collateral
Internet - commercial, educational, governmental, news and informational websites, blogs, online subscription newsletters, webcasts, social media and similar means
Publications (physical and electronic) - newspapers, magazines and periodicals, books and text books (both physical and e-books), newsletters, corporate reports, product manuals, directories, book covers,
Education - classroom instruction, public lectures, science center, museum and planetarium exhibits, distance learning websites and online courses, Power Point or Keynote presentations; government and corporate instructional media. Note: Imagery obtained under the special educator /weathercast discount program have specific restrictions. Please refer to the Educational Discounts link on the Site.
Printed Matter - banners, decorative panels, greeting cards, stationary, business cards, letterhead, calendars, bumper stickers, CD/DVD/BRD covers and inserts (without customer rights of further reproduction).
Live Performances - stage shows, music and dance concerts, multimedia events, public art displays, science centers and museums, planetariums, public lectures
Manufactured Items - t-shirts, mugs, mug holders, mouse pads, posters using altered images, e-greeting cards, puzzles, games, toys, apparel items (without customer rights of further reproduction).
Advertising - video and print ads, billboards, point of sale displays, digital signage, product packaging, brochures, sales literature (except for any Imagery restricted to editorial/classroom usage only)
Others - if not listed above, it may not be permitted... or it may well be. Please email Customer Service to ask. Since we most certainly have not developed a totally comprehensive list of the specific Permitted Uses that would be acceptable to us, there is a reasonable likelihood that written permission for your use will be granted by us. Just ask.
The Licensee agrees to maintain records to identify any Imagery obtained from the Site, and any restrictions on its use, for as long as the Organization maintains a copy of the Imagery in its files or provides Derivative Works employing that Imagery.
You shall not use any Imagery, whether whole or in part, as any part of a trademark, design mark, service mark, business name, trade name or logo.
You shall not use any Imagery in any manner that violates the law of any applicable jurisdiction. You shall not use any Imagery, in whole or in part, in a manner that may be deemed, by us acting reasonably or under applicable law, as pornographic, obscene, racist, sexist, libelous, immoral, infringing, defamatory, slanderous, libelous or otherwise unlawful.
Since the Site offers Imagery licensing for use by and in educational institutions, no unwatermarked content may be taken from the Site and used under any claim of Fair Use. This prohibition does not apply to any watermarked videos or stills shown in online previews or downloaded as Comps.
It is prohibited to remove, alter, blank out or otherwise circumvent embedded copyright notices or watermarks from any Imagery available on the Site, whether such notices are visual or digital in nature.
It is prohibited to license photographs from us and then include them as part of collection from which your customers may order prints, including framed or mounted art prints (whether in altered or unaltered form) in a retail store, over the internet or using any other form of catalog. Video clips may not be included in any offering of stock footage.
The creation of posters from our Imagery for resale is permitted IF they are altered. To be considered altered, there must be substantive changes beyond cropping, reorientation or resolution change, color correction and other similar adjustments. Overlays of text or other image elements is permitted. If there are questions, contact us. We reserve the right to determine whether any use is or is not permitted
If our Imagery are included in a textbook companion CD or online resource package, teachers and students are specifically prohibited from any reuse or repurposing of the Imagery extending beyond their intended use for their own personal instructional activities.
The Licensee may not use Imagery restricted to "editorial use only" or "classroom only" for any commercial purposes. This information is displayed in the databank to the right of any previewed Imagery
All rights, title and interest in any Imagery downloaded in accordance with this License shall remain the exclusive intellectual property of the Licensor or the Licensor's contributors for whom it is acting as agent. All rights of any kind to the Imagery supplied by this Site not expressly granted in this License remain entirely and exclusively reserved to and by the Licensor or the Licensor's contributors. No degree of alteration, modification or combination of these Imagery will alter this provision. All Imagery on the Site are protected by United States and international copyright laws and treaties. The Licensee will take reasonable efforts to prevent unauthorized third party access to licensed Imagery. If, in spite of your best efforts, you suspect such unauthorized access has occurred, you will so inform us at the earliest reasonable time so we may investigate any possible third party infringement. Contact us at Infringement@WeatherVideoHD.TV
In the unlikely event that FMA, Inc. receives notice of an actual, potential or threatened claim of copyright infringement on any of its previously licensed Imagery, the Licensee, if so requested by us, agrees to cease using those Imagery for any purpose or in any Derivative Work to the extent that is reasonably possible, and remove them from all computers and files within the Organization. In this event, our sole liability of will be the replacement of the Imagery with a suitable substitute, if that is not possible, a full refund of the cost of the License(s) involved.
Intended Use - FMA, Inc., dba WeatherVideoHD.TV, and those Licensors for whom it acts as agents, to the extent that is permitted by applicable law, disclaim all express warranties not included in this License and all implied warranties and conditions, including any implied warranty or condition of merchantability for fitness for any particular purposes of the supplied Imagery and supporting information.
Sold "As is" - All our Imagery are sold 'as is.' Some Imagery may contain certain flaws or imperfections, including but not limited to lens flares, lens or sensor dirt, color shifts, focus or exposure aberrations or undesired camera movements. Since the Site provides ample opportunity for online Previewing and downloading of Comps, all sales of Imagery are final. We do not represent or warrant that any Imagery will meet any requirement for it planned by you. We will, however, respectfully consider requests for providing a replacement of Imagery that is found lacking by you, but will not be obligated to do so. It is permitted for a Licensee to re-download any still available, paid-for Imagery for a period of up to one calendar year after payment is accepted.
Sufficiency of Databank - We, and those Licensors for whom it acts as agents, have undertaken commercially reasonable efforts to provide the correct titles, interpretations, descriptions, categorizations and keywords for the Imagery licensed to you, but do not warrant the accuracy of such information.
No Guarantee of Model or Property Releases - We, and those Licensors for whom it acts as agents, do not provide any clearances for trademark, copyright, model or property releases with or for the licensed Imagery. Any information provided regarding these matters is purely advisory and cannot be guaranteed by us. You, as Licensee, shall be solely responsible for ascertaining whether any clearances or releases are required in conjunction with your proposed commercial use of the licensed Imagery. You agree with us that some jurisdictions prohibit the use of a person's image, likeness, or voice, works of art, logos, trademarks, landmarks, buildings and property for commercial uses without first obtaining the written consent of those persons or owners. When any Imagery contain images of individuals, certain properties or buildings or other items for which releases or clearances may possibly be required, we will normally mark these for “editorial usage only” in the Databank on the Preview Page for your convenience. However, when our guidance suggests no such restrictions, this is purely our best estimate and you must obtain your own legal counsel as to whether this image is suitable for any commercial use without first obtaining any necessary releases, consents or permissions. We will, within a reasonable degree of effort, assist you in making this determination by providing you with what relevant information we may have on hand regarding this Imagery. Most Imagery on our Site, by its nature, will not require model or property releases.
Site Accessibility - While it is the goal of FMA, Inc./Sky Fire Productions, Inc., doing business as www.WeatherVideoHD.TV, to provide access to the Site on a continuous, error free and uninterrupted basis while delivering files without corruption, we cannot guarantee this. We are in no way liable for any Registered Account Owner's inability to order or download at any given time a duly licensed Imagery. If, however, for technical reasons that can not be easily remedied by us, a Licensee can not download the files for a licensed Imagery in a timely manner, they should immediately contact us via email Customer Service and we will make arrangements to provide the ordered files using other means at no additional expense to them. We make no warranty that the Site shall be uninterrupted, timely, error-free or free from viruses, spy ware, worms, Trojan horses or other code with malicious disruptive and/or destructive features.
Your Use - FMA, Inc., dba WeatherVideoHD.TV, and those Licensors for whom it acts as agents, will not be liable for any losses, costs, damages or other claims resulting from any modification or contextual use of the licensed Imagery by the Licensee or its clients, customers, sponsors or any other third party.
Time Limitation - No legal action, regardless of its form or nature that arises as a result of obtaining the License can be brought by the Licensee or on its behalf after a period of one calendar year has elapsed since the acceptance of payment by us which activates an Imagery License.
Limitation of Liability - FMA, Inc., dba WeatherVideoHD.TV, and those Licensors for whom it acts as agents, including their respective owners, shareholders, officers, directors, partners or agents shall not in any way be liable to a Licensee or any other third party person or entity in any manner including but not limited to any special, general, direct, indirect, punitive, exemplary, incidental, consequential or any other damages, or costs, lost profits or opportunities which might or did arise out of the Licensee's use of the Imagery and supporting information, even if we had been advised of the possibility of such damages, or for any claim by a third party whether such action may be based upon tort (including negligence), contract, infringement of intellectual property rights and copyrights or otherwise. Your use of the Site is at your sole risk. We note certain states do not allow the exclusion or limitation of incidental or consequential damages. The liability of FMA, Inc., WeatherVideoHD.TV, and those Licensors for whom it acts as agents, including their respective owners, shareholders, officers, directors, partners or agents for any claims originating from this License is limited to the fees received from the Licensee.
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4022 Rock Creek Drive
Fort Collins, CO 80528
Phone: 1+970-567-9495 (restrict calls to Mon-Fri, 10 am-5 pm Denver Time)
Fax: We no longer support fax transmissions. Please scan and send as an email attachment.
This License for Download and Use is current as of 5 July 2016 and is the valid form until such date as it may be revised.
� 2016 FMA, Inc., dba www.WeatherVideoHD.TV All rights reserved.
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