Terms and Conditions

In the context of the performance of the Agreement with you, Aerial Stock footage BV will process your personal data. In this Privacy Statement you will be informed about the manner in which and the purposes for which this processing takes place. Aerial Stock footage BV therefore advises you to read this Privacy Statement carefully.

Acceptance of the Terms and Conditions

  1. You agree to be bound by the terms and conditions set out below or the additional terms and conditions that Aerial Stock footage BV ('Aerial Stock footage shots') may publish from time to time (collectively referred to as the 'Terms and conditions'). If you do not agree to all of the terms and conditions in these Terms and conditions, do not access or use this Site.
  2. Aerial Stock Shots may change these Terms and conditions from time to time. Your continued access to or continued use of the Site constitutes acceptance of such changes. Your access to and use of the Site are subject to the current version of the Terms and conditions, rules and guidelines published on the Site at the time of such use. Please check the 'Terms of service' link on the Aerial Stock Shots.com home page periodically to review the then-current terms and conditions. If you violate any of the Terms and conditions, your license to access or use this site will automatically terminate.

Trademarks of Aerial Stock Footage BV

  1. For the purposes of these Terms and conditions, the term 'Trademark (s)' means any legal or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications used by Aerial Stock Footage now or in the future. BV will be used.
  2. Nothing set forth herein warrants or is made to grant you any rights to use any Aerial Stock Shots trademark unless expressly stated in these Terms and conditions.
  3. You agree that you will not use the Aerial Stock Shots trademarks in any way that tarnishes, discredits, or adversely reflects the trademarks or Aerial Stock Shots.
  4. You agree that you will not contest or otherwise challenge the legality of Aerial Stock Shots trademarks or the trademark rights claimed by Aerial Stock Shots (for example, through legal action or the like), or assist or encourage anyone else to do so.
  5. You agree not to use any Aerial Stock Shots trademark or variant thereof (including other or misspellings) as a domain name or as part of a domain name, regardless of the top-level domain, or as a meta tag, keyword or other type of programming code or - data.
  6. You may not at any time, without Aerial Stock Shots' prior written permission, reproduce or use any word or marking similar to or easily confused with the Aerial Stock Shots trademarks.
  7. The look and feel of the Aerial Stock Shots website, including all page headers, custom graphics, button icons, and writing, is the trade dress and / or trademark or service mark of Aerial Stock Shots and may not be copied, imitated, or used in whole or in part without the prior written permission of Aerial Stock Shots.
  8. All other trademarks, product names and company names or logos used or appearing on the Aerial Stock Shots website are the property of their respective owners. Reference to other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not represent or imply an endorsement, sponsorship or recommendation thereof by Aerial Stock Shots, unless expressly stated so.
  9. You may not use any trademarks, logos, images or other graphic elements of Aerial Stock Shots to link to the Aerial Stock Shots website without the prior written permission of Aerial Stock Shots.
  10. You may not post a hot link to the Aerial Stock Shots website or any image without the prior written consent of Aerial Stock Shots.

Information You Provide

  1. Aerial Stock Shots (or third parties acting on its behalf) may collect information related to your use of the Site. Third party platforms through which you access the Site may collect information relating to your use of such third party platforms and make this information available to Aerial Stock Shots if you agree to the agreement for the relevant third party platform. The collection and use of all such information by Aerial Stock Shots must at all times be in accordance with these Terms and conditions, the Aerial Stock Shots privacy policy and applicable law.
  2. Aerial Stock Shots will use and protect your personal information, such as your name and address, in accordance with the Aerial Stock Shots privacy statement, the content of which is included in these Terms and conditions by way of reference.

Content

  1. For any image, video, text, audio or other content that you upload or post to the Site (`` Your Content ''), you warrant and agree that: (i) you have all necessary rights to submit Your content to the Site and you grant the licenses as set forth herein; (ii) Aerial Stock Shots must not obtain any third party licenses or pay royalties to any third party with respect to Your Content; (iii) Your content does not infringe the rights of third parties, including intellectual property rights and privacy rights; and (iv) Your content complies with these Terms and conditions and all applicable laws.
  2. By uploading your Content, you grant Aerial Stock Shots a limited, worldwide, non-exclusive and royalty-free license and the right to copy, transfer, distribute, disclose and display your Content (through any media known at the time of creation or thereafter) and to create derivative works of Your Content for the purpose of allowing you to edit and display Your Content through the website or to retain Your Content for litigation, legal process or investigation . The aforementioned licenses will continue until you remove your content from the website. In such event, the licenses will be terminated within a commercially reasonable period. Notwithstanding the foregoing, the license for legal archiving and preservation purposes continues for an indefinite period.
  3. You may not upload, post or transmit videos, images, text, audio recordings or other content that:
    • infringes the copyrights, intellectual property rights or other publication or privacy rights of any third party;
    • contain pornographic, offensive or otherwise illegal or immoral content.
    • exploit minors;
    • contain unlawful or violent acts;
    • contain cruelty or violence towards animals;
    • incite fraudulent acts or give rise to misleading advertising or unfair competition; or
    • violate any law, statute or regulation.
  4. You may not use Aerial Stock Shots Content for any purpose without first obtaining a license to use such Aerial Stock Shots Content. Use of Aerial Stock Shots Content by you is governed by the applicable license agreement separately entered into between you and Aerial Stock Shots. The display and / or distribution of any Watermarked or unlicensed Aerial Stock Shot Content to the public (whether contained in a derivative or standalone work) is an infringement of copyright.

Explanation and scope of a regular license (regular license)

  1. A regular license means that per successfully purchased item, the rights are purchased once for use as described below:
    • The images purchased are “royalty free” for use as described with purchased license .
    • The images purchased are not exclusive. Anyone with a similar purchased license can use the images.
    • The license is valid for one (1) single application. This means one (1) single end product, with copies allowed to a maximum audience of 500,000 people.
    • A regular license is not an “editorial” license.
    • Examples for use are:
      • Online use: online videos on youtube or vimeo, email campaigns, or apps.
      • Live use: such as corporate presentations, concerts or musicals.
      • Web pages: where the video is embed in the background.
      • Television distribution: such as single use in a TV program, commercial or documentary.
    • Prohibited with a regular license:
      • cinema / film and / or large screen use.
      • OTT (over the top) distribution: such as use on Netflix, Videoland, Amazon Prime or Disney +

It is not permitted to use the images for a product (content) without express written permission:

  • Contain pornographic, offensive or otherwise illegal or immoral content .
  • With the suggestion of exploitation of minors;
  • With unlawful or violent acts;
  • With cruelty or violence towards animals;
  • Inciting fraudulent activity or giving rise to misleading advertising or unfair competition; or
  • violate any law, statute or regulation.

It is not allowed to resell the purchased product, video or the like in the form as it is offered on AerialStockShots.com. It is also not allowed to offer this on another image bank or stock website.

Intellectual property; user

  1. licenses You may access and use the Site by complying with these Terms and conditions, the applicable license agreement with Aerial Stock Shots and the law. Aerial Stock Shots remains the sole owner of all rights, title and interest in the Site and reserves all rights not expressly granted under these Terms and conditions. Aerial Stock Shots may change, replace or discontinue the Site or any part thereof at any time and for any reason, with or without notice, in Aerial Stock Shots' sole discretion. Aerial Stock Shots offers the Site on an "as is" and "as available" basis.
  2. All content on this site, including but not limited to Videos, Images, Footage, Music and related metadata (collectively the `` Content of Aerial Stock Shots ''), as well as the selection and arrangement of the Content from Aerial Stock Shots, are protected by copyright. , trademarks, patents, trade secrets, and other intellectual property laws and treaties. Unauthorized use of Aerial Stock Shots Content is in violation of such laws and these Terms and conditions. Except as expressly provided in this document or in a separate license agreement between you and Aerial Stock Shots, Aerial Stock Shots does not grant express or implied permission to use the Aerial Stock Shots Site or Content. You agree not to copy, republish, frame, link, download, transmit, modify, create, derivative works, and that you will not rent, lease, lend, sell, assign, assign, rent, lease, or lend the Aerial Stock Shots Site or Content distribute, display, perform, license, sublicense, or reverse engineer. In addition, you agree not to use data mining, robots or similar data and / or image collection and extraction methods regarding the Site or Content of Aerial Stock Shots.
  3. Unless you enter into a license agreement with Aerial Stock Shots, you are not permitted to download, distribute, display and / or copy Content from Aerial Stock Shots.
  4. You may not remove watermarks or copyright notices in Aerial Stock Shots Content.

Infringement Claims / Notifications of the Digital Millennium Copyright Act (DMCA)

  1. If you believe that any image or other material made available by Aerial Stock Shots is infringing any copyrights in your possession or in your control, you can contact Aerial Stock Notify Shots in the manner set forth in our Digital Millennium Copyright Act Notice Policy for Copyright Infringement).


DMCA Notice of Copyright Infringement.

Aerial Stock Footage BV ('Aerial Stock Shots') respects the intellectual property of others and expects this to also apply to the users of our website.

Procedure for Making Copyright Infringement Claims:

If you believe that your copyrighted work has been copied in a manner that infringes copyright law and is available on this site, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA").

For a notice of alleged infringement to be valid under the DMCA, it must be communicated in writing to the assigned Aerial Stock Shots employee including the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed.
  2. Identification of the copyrighted work allegedly infringed or, if multiple copyrighted works on one online site are covered by a single notice, a representative list of those works on the site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and to be removed or access to which is to be denied, and information that reasonably enables Aerial Stock Shots to locate the material.
  4. Information that allows Aerial Stock Shots to reasonably contact the complaining party, such as an address, telephone number and, if available, an electronic mailing address where the complaining party can be reached.
  5. A statement that the complaining party has a good faith belief that use of the material in the accused manner is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notice is accurate and that, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be sent as written notice to the following assigned Aerial Stock Shots employee:


Bram van Kattenbroek

[email protected]

UNDER FEDERAL LAW YOU MAY BE SUBJECT TO SEVERE CIVIL LAW PENALTIES IF YOU MAKE A INTENTIONAL MISTAKE OF ALLEGED INFRINGEMENTS ONLINE MATERIAL. THIS INCLUDE DAMAGES, COURT COSTS AND LAWYER'S FEES BORN BY US, A COPYRIGHTHOLDER OR THE LICENSEE OF A COPYRIGHTHOLDER HAVE BEEN DAMAGED BY OUR CONFIDENCE OF YOUR WRONG REPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERIOD OF PERIOD.

This information should not be construed as legal advice.

NOTE: This information is for the sole purpose of notifying Aerial Stock Shots that your copyrighted material / materials may have been infringed. All other questions, including technical support requests, payment requests, email abuse reports, and third party piracy reports, will not be answered through this process.

Limitations

  1. You agree that you will not:
  • engage in any practice that violates the law or the rights of Aerial Stock Shots or any third party.
  • violate any applicable laws or regulations regarding access to or use of the Website, or engage in activities prohibited by these Terms and conditions.
  • Violate the rights of Aerial Stock Shots or any third party (including privacy and publicity rights) or abuse, defame, attack, stalk or threaten another.

Restriction and termination of use of

  1. Aerial Stock Shots may block, restrict, disable, delay, or terminate your access to any portion or all of the Site and / or Content of Aerial Stock Shots at any time, in our sole discretion, without prior notice or obligation. to you. Any conduct by you that, in the opinion of Aerial Stock Shots, prevents any other person or entity from using or taking full advantage of the Site is strictly prohibited and may result in the termination of the Site. your access to the Site without further notice.

Links to Sites

  1. Third Party and Third PartyWhere the Site is available through a third party platform, or if Aerial Stock Shots provides links from the Site to a third party platform or allows a third party to access the Site from its platform link, you understand and agree that Aerial Stock Shots makes no warranty, express or implied, and assumes no responsibility for the content or practices of such third parties or their platforms. Such platforms are not under the control of Aerial Stock Shots and Aerial Stock Shots provides and / or permits these links only for your convenience. The inclusion of a link does not imply any endorsement, affiliation with, or endorsement by Aerial Stock Shots.

Warranties and Disclaimers

  1. Your use of the Site is at your own risk. The Site is provided by Aerial Stock Shots under these Terms and conditions 'as is', without warranty of any kind, express or implied, statutory or otherwise. Aerial Stock Shots expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any other warranties that may arise from any law. Without limiting the above, Aerial Stock Shots makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects on the site, in the services or materials are corrected. Aerial Stock Shots makes no representations or warranties that the Site is permitted in your jurisdiction, that the Content you submit will be available through the Site or stored by the Site, that the Site will meet your needs, or that Aerial Stock Shots will continue to support a particular feature of the Site. To the extent that a disclaimer or limitation of liability does not apply, all applicable express, implied and statutory warranties are of limited duration to a period of thirty (30) days from the date you first used the Site and after no guarantees apply during this period.

Indemnification

  1. You agree to defend, indemnify and hold harmless Aerial Stock footage BV, its subsidiaries, affiliates, licensors, employees, representatives, third party information providers, submitters and independent freelancers against claims, damages, costs, liability and expenses (including but not limited to reasonable attorneys' fees) arising out of or in connection with your conduct, your use of the website or inability to do so, your (alleged) failure to comply with the website Terms and conditions or any statement or warranty contained herein, your unauthorized use of the Aerial Stock Shots Content or your infringement of other rights.

Other

  1. Any dispute or claim arising out of or in connection with this Agreement, or the breach thereof, will be brought before the Dutch court in Amsterdam. The language of instruction during the court hearing is Dutch. Aerial Stock Shots also has the right to bring all judicial and equitable matters or proceedings in any court of competent jurisdiction or to submit to any court of competent jurisdiction for the purpose of bringing preliminary legal action or obtaining other relief against you, if in accordance with Aerial Stock Shots is required or desirable.
  2. These Terms and conditions are governed by and will be interpreted in accordance with the laws of the Netherlands.
  3. In the event of any conflict between these Terms and conditions and the license agreement you enter into with Aerial Stock Shots, the terms of this license agreement will govern.
  4. These Terms and conditions are not to be construed to the advantage or disadvantage of any party, but in accordance with the fair meaning of the provisions of these Terms and conditions. The invalidity or unenforceability of any part of these Terms and conditions will not affect the validity or enforceability of the remainder of the agreement.