Terms & Conditions
Definitions
Onlinevideos.co.nz is a trading name of Andrew Haddleton. It is associated with GIG Internet Marketing.The name that will appear on your invoice and statement will be Onlinevideos.
The following definitions apply unless otherwise specified
- Onlinevideos.co.nz is referred to as OV, we or us is also inferred to imply Onlinevideos.co.nz
- The Client is referred to as The Client, You or Your are also inferred to imply the Client
- ‘Intellectual Property’ means all intellectual property rights including but not limited to: copyright, business names, logos, images, designs, text, trademarks, software, source codes, patents
NOTICE
This End User License Agreement is current as of August 30th, 2016 and supersedes any other agreement including any existing agreements on any onlinevideos.co.nz clips.
BY USING ANY onlinevideos.co.nz PRODUCT (“Digital Media Files”), WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
Grant Of License
You are granted a limited, nonexclusive, personal and non-transferable Royalty Free license to use and modify the Digital Media Files, subject to the terms and conditions below.
General Use Grant
The Digital Media Files may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia work, advertisement, live performance, Internet website, presentation or print project.
No Defamatory Use
The Digital Media Files may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Digital Media Files.
Other Restrictions
The Digital Media Files may not under any circumstances be used in or in conjunction with, or as part of pornographic, obscene, fraudulent, libellous, infringing or illegal material. All low-resolution versions of the Digital Media Files are not licensed for broadcast.
Ownership
All right, title and interest in the Digital Media Files, including any updates or revisions thereto, is and shall remain the exclusive property of onlinevideos.co.nz, its licensors and their successors and assigns until fully paid for by the client.
Limitation on Liability
onlinevideos.co.nz will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Digital Media Files.
It is the client’s responsibility to ensure that they have legal and lawful copyright use of any logo supplied to onlinevideos.co.nz for animation.
ONLINEVIDEOS.CO.NZ’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PARTICULAR DIGITAL MEDIA FILES.
Indemnity
You agree to indemnify and hold onlinevideos.co.nz, its licensors, and their officers, directors, agents and employees, harmless from and against any claims, demands, losses, damages, liabilities or expenses of any kind arising from your use of the Digital Media Files in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or wilful misconduct.
Delivery
All Digital Media Files once purchased and paid for in full are available for instant download directly from the onlinevideos.co.nz web site. In most cases this will be within 24 – 48 hours. Download times are subject to variations according to region, network overload /outages and time of day.
Warranty
onlinevideos.co.nz warrants the Digital Media Files to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Digital Media Files, applicable media or a refund of the purchase price, at the option of onlinevideos.co.nz. ONLINEVIDEOS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, without regard to New Zealand’s conflict of laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in a court located within New Zealand, having subject matter jurisdiction with respect to the dispute between the parties (except that a judgment by such courts may be enforced by any court). Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.