Terms and conditions

By accessing any of the website www.end8less.com (hereinafter “E8SS”), you, the user, agree to be bound by all of the terms for service and agree these terms constitute a binding contract between the user and E8SS.

These General Terms of Service apply to all users. Any access to or licensing or use of Content (i.e. any work or other subject matter, including digital files, images, animations, films, audio, video, or audio/visual representations recorded in any format available for Download from the E8SS Website), including subscriptions, are governed by the “Terms of Use and End8less Royalty-Free License” Agreement (the “Agreement”). In the event of any inconsistency between the terms of that Agreement and these General Terms of Service, the terms of the Agreement will apply.

Intellectual Property

The Website is the property of E8SS , and is protected by intellectual property and other laws, including copyright, trademark, patent and trade secret laws. E8SS and/or its contributors own all rights, title, and interests in and to the Website and the Content.

END8LESS, and any other trademarks, names, logos or product or service names appearing on the Website are the property of their respective owners and may not be used, copied, imitated, or otherwise dealt with (including by incorporating terms comprising such marks as metatags or “hidden text”) in the absence of prior written permission from the relevant owner. E8SS does not endorse, sponsor or hold out approval of any product, service, process or information referenced on its Website.

The Website may only be copied for personal, non-commercial purposes. Only the amount necessary for the purpose of your activity may be copied, and it may not be modified in any way, including by removing any intellectual property notice or other rights management information. Notwithstanding, E8SS may, in its sole discretion, deem any non-licensed dealings with the Website as infringing or violating E8SS’s rights, and E8SS  reserves its rights to challenge and seek damages and other remedies in respect of all such dealings. Except to the extent permitted under the License Agreement, you are prohibited from creating any derivative works from the Website or otherwise exploiting the Website, without E8SS’s written permission.

Users may, subject to these General Terms of Service and the Agreement, print or otherwise save individual pages for private use. However, and subject to the terms of the Agreement, the contents of this Website, including the Content and all related information, may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate videos and data on the pages produced by, or displayed on the Website.

Links to Website

Users may link to the Website. However, E8SS reserves the right to refuse a link at any time at E8SS’s sole discretion. The user agrees to remove any link to the Website at E8SS’s request. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by the E8SS Website.

Links to Third Party Sites

Links to third party websites, materials, or services posted on the Website are for your convenience only. E8SS does not control such third party websites or materials, or any third party goods or services accessible or offered through such links. The display of links to third party websites, materials, goods or services on the Website does not imply E8SS’s monitoring or endorsement thereof, or that the links are live and accurate. You should review the Terms Of Use and Privacy Policies on such third party websites before proceeding to use them.

Frames

Users and third parties may not under any circumstance use technology to display the content of E8SS’s websites, including Content, in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line.

Privacy

The user acknowledges that their personal information will be used by the website in accordance with the website privacy policy

Liability and Warranty Disclaimer

The Website, E8SS’s services, Content, and any Content information (including keywords, captions, categorizations, titles, and descriptions), are provided “as is” without any kind of representation, warranty or condition of any kind, either expressly or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, or title. E8SS makes no representation or warranty that information contained in the Website is accurate, current, or complete. E8SS further disclaims any representation or warranty that the Website, Content, or Content information will meet your requirements, is compatible with any particular hardware, software, device, or operating system, or that use of the Website or Content will be uninterrupted or error free. The Website and all Content is accessed at your own risk. You acknowledge that you shall be solely responsible for any loss or damage to your property or person, including but not limited to, your computer system and any hardware, software, or device used to access the Website, E8SS’s services or Content or Content Information. Certain jurisdictions do not allow the exclusion of implied warranties, and your rights may vary from jurisdiction to jurisdiction.

No Waiver

E8SS’s failure or delay to enforce any of the terms and conditions under these General Terms of Service shall not operate as a waiver of any of E8SS’s rights or privileges under these General Terms of Service.

Termination of Access

E8SS reserves the right, in its sole discretion, to terminate, limit or suspend any user’s access to the Website without notice or liability, for any reason whatsoever, including the user’s breach of any of these General Terms of Service.

Updates, Upgrades and Revisions

E8SS may update, revise, supplement or delete information, services, resources, and/or Content contained on the Website, as well as these General Terms of Service, from time to time, and reserves its right to do so without prior notice to you. Any changes will be posted on the E8SS Website. Changes are effective immediately upon being posted to the website, and your continued use of the Website shall constitute your acceptance of such changes. You should check these General Terms of Service regularly to update yourself on any changes.

Language

If these General Terms of Service are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

No Assignment

You are not permitted to assign or otherwise transfer partially or totally your rights and obligations under these General Terms of Service.

Interpretation

These General Terms of Service shall be interpreted without regard to which party drafted these General Terms of Service.

Severability

If any of the provisions of these General Terms of Service are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of these General Terms of Service , unless the invalidity or unenforceability would invalidate the remainder of these General Terms of Service.

Governing Law

These General Terms of Service shall be governed by the laws of Ontario, Canada. The courts in Toronto, Ontario, will have exclusive jurisdiction to hear and decide any disputes relating to these General Terms of Service.

E8SS Footage Use License

Our Footage Use License is offered as the default option with each of our basic clip packs, single and team subscription plans. This license entitles customers to share this footage with vast audience sizes, depending on how it is being shared. 

Standard permissions include:

  • Web Use – Footage can be used on social media websites, in mobile apps and on sites such as YouTube or Vimeo. It can even be used in content that will be digitally downloaded. The audience size limit for this type of web use is up to 500,000.
  • Live Performances – The footage can also be used at live performances such as musicals, corporate presentations, concerts and musicals with an audience size limit of 500,000.
  • On Websites – Videos that are embedded on actual web pages have no audience limit restrictions.

Standard permissions do not include:

  • Television Distribution – The standard Shutterstock footage license does not permit for any usage in television shows or commercials. Usage is also prohibited for distribution over any broadcast, cable or satellite.
  • Movie Theater Distribution – Distribution in movie theaters is not permitted with the standard footage license.
  • Over the Top (OTT) Video Distribution – Over the top video distribution, or streaming services such as Netflix is not permitted by the standard footage license.
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