Below is our standard "HD Time-lapse Movie"license agreement. Specifics to your project are added when you order your master. If you have questions regarding the agreement, call or email Yuichi Takasaka to discuss your needs.
CONDITIONS OF USE
Blue Moon Promotions hereby grants to its Client, herein referred to as Licensee (gLicenseeh) and its successors and assigns the non-exclusive rights to incorporate and use the Footage, (all Blue Moon Promotions materials collectively referred to as "Footage") as specified on the Invoice on reverse side of this License Agreement (gInvoiceh) and on the terms and conditions contained herein. This nonexclusive, non-transferable license to use Footage is subject to the following terms.
1. Footage may not be used in any way, and no rights are granted, until payment of all fees stated on the Invoice(s), and any other applicable fees or costs. Licensee's right to use same shall be only on the terms specified herein.
2. Footage remains the property of Blue Moon Promotions and/or the
owner. A license only is granted to use the Footage for the use
specified on the Invoice and for no other purpose. Licensee does
acquire any right, title or interest in or to any Footage or other
licensed material, and will not make, authorize or permit any use of
the Footage or other licensed material other than as specified
Full credit and copyright information must remain with file. Blue Moon
Promotions will receive appropriate credit when credit is given to
vendors of similar services, such as other footage providers.
3. Blue Moon Promotions has the right to grant the rights specified
herein. Blue Moon Promotions agrees to license Footage only on
the condition that
Licensee agrees to use it in the specific context, extent and time
period set forth on the Invoice. Any use by Licensee (or third
other than the use herein permitted is a material breach of this
Agreement and entitles Blue Moon Promotions to immediately rescind this
4. LIQUIDATED DAMAGES. THE RIGHT TO USE FOOTAGE IS
AGREES THAT IT WOULD BE DIFFICULT AND IMPRACTICABLE TO DETERMINE THE
VALUE OF SUCH RIGHT AND, ACCORDINGLY, LICENSEE AND BLUE MOON PROMOTIONS
THAT THE REASONABLE LIQUIDATED VALUE OF THE RIGHT TO USE THE FOOTAGE
OUTSIDE THE SCOPE OF THE LICENSE GRANTED HEREIN IS THREE (3) TIMES THE
LICENSE FEE FOR THE FOOTAGE.
5. Licensee may not sell, rent, lend, sublicense, or otherwise
any Footage or the right to use or reproduce Footage, and will take all
commercially reasonable efforts to prevent third parties from doing
6. Footage may not be used for any pornographic, libelous, defamatory or other unlawful purpose; or in a manner that would tarnish, damage or harm the rights of another; or as a trademark or service mark; or in violation of the trademark or copyright rights of others. No model releases or other releases exist on any Footage unless the existence of such release is specified in writing by Blue Moon Promotions. Blue Moon Promotions gives no rights or warranties with respect to the use of names, trademarks, logo types, designs or works of art depicted in any picture, or the registrations or copyrights thereof, and Licensee must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured.
7. All rights not specifically granted herein to Licensee are reserved for Blue Moon Promotions' use and disposition without any limitations whatsoever.
8. Licensee shall indemnify Blue Moon Promotions and hold Blue Moon Promotions harmless from all claims, damages, liabilities, and/or lawsuits, including reasonable attorneys' fees, arising from or relating to the use of the Footage by Licensee (or third parties). Blue Moon Promotions shall indemnify Licensee against all claims relating to or arising from the Blue Moon Promotions warranty that it has the right to grant the rights specified herein.
9. This contract contains all the terms of this Agreement concerning
use of Footage, and no term or conditions may be added or deleted
unless made in writing and signed by both parties. These terms
terms of any subsequent invoice/copyright license supersede any and all
prior agreements and understandings pertaining hereto.
10. Unless specified on Invoice, payment herein is to be net thirty (30) days. A service charge of two (2%) percent per month on any unpaid balance will be charged thereafter. Any claims for adjustment or rejection of terms must be made to Blue Moon Promotions within ten (10) days after receipt of invoice. Blue Moon Promotions offers no kill fees or refunds on footage ordered. After release of Footage to Licensee, all fees on Invoice must be paid in full whether Footage is used or not.
CLAIMS OR DISPUTES
11. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Vernon, British Columbia, Canada, pursuant to the rules of the Canadian Law. Judgment upon the award rendered may be entered in the highest court of the Province having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the Province of British Columbia. If Blue Moon Promotions is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole by Licensee for such reasonable legal fees or costs.