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Welcome to 4K Flight, your comprehensive marketing partner specializing in positioning luxury real estate development for success. We offer niched, rare, and stunning royalty-free aerial cinematography, video production, next-level design, sophisticated brand & website development. Our world class clientele consists of architects, developers, digital marketing and design agencies. We create stunning visuals that generate results. Choose from over 1,000 specialized, high-definition royalty-free videos, available for purchase, and immediate download. Stunning city light. Superior visual communication. 4/4 star customer care. Collaborative custom design, video production and flight service commissions. Immaculate deliverables. Partner with 4k-flight.com today to position your project for success.

 

4K-Flight.com Terms & Conditions

4K-Flight™, ARTVIZ,LLC

Stock Footage Content License Agreement

Version 1.0, Effective date: 1 November 2016

Terms And Conditions

 

This Standard Stock Footage License Agreement governs the terms by which a licensee may obtain the right to use content provided by 4K-FLIGHT AKA, ARTVIZ,LLC [DBA]. The Stock Footage Content License Agreement is a contract between Client [Purchaser of License] and ARTVIZ,LLC, ARTVIZ,LLC. Important Note: To the extent that the ARTVIZ,LLC Application may be used to reproduce materials, it is licensed to you only for reproduction of materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. To the extent that this application may be used for remote access to video files for viewing between computers, remote access of copyrighted videos is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. 

 

1. Background of Agreement 1.1 Rights and Obligations: This document affects your rights and obligations. By purchasing a Standard Stock Footage License for the selected Content you accept and agree to this Agreement either for yourself or on behalf of your employer or the entity that is identified as the Licensee, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is identified as the Licensee, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not sign this Agreement. 1.2 Definitions: (a) “you” or the “Client” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; (b) “ARTVIZ,LLC” or “we” means ARTVIZ,LLC; (c) “Content” means any multi-media data type, including but not limited to film or video footage, animation, photographic image, illustration, Flash file, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material. 

 

2. Stock Footage License Terms We hereby grant to you a non-exclusive, non-transferable, and non-sublicensable Limited License to use and reproduce the Content for the purpose and duration according to the Terms selected below. Limited License means the right to use and reproduce the Content for one project (the contemplated project at time of license) in accordance with the Terms selected in Table 1 Content Licensing Terms. Terms mean the summation of the individual licensing terms selected from Table 1. Content Licensing Terms. The individual licensing terms are shown in Table 1 Content Licensing Terms on the following page. All activity or uses of the Content outside the Terms selected at time of checkout is prohibited in addition to the prohibited uses defined below in Section 3. Standard Stock Footage License Prohibitions. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by ARTVIZ,LLC. 

 

3. Standard Stock Footage License Prohibitions Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following is a non-exhaustive list of some “Prohibited Uses”. You may not: a)  use the Content in design template applications, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates; b)  use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items; c)  use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo; d)  incorporate the Content in any product or website that results in making the Content available in a manner such that a person can extract, access or reproduce the original or derivative Content as an electronic file; e)  use the Content in a fashion that is considered by ARTVIZ,LLC (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; f)  use Content featuring a model or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (i) the Licensed Material is being used for illustrative purposes only; and (ii) any person depicted in the Licensed Material, if any, is a model. g)  use Content identified as “Editorial”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor); h)  to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code; i)  use the Content in additional future projects or in ways not in accordance with the Terms selected in Table 1 Content Licensing Terms. j)  remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content; k)  sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement; l)  install and use the Content on more than two computers at a time or post a copy of the Content on a network server or web server for use by other users; m)  use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; n)  use the Content for editorial purposes without crediting the ARTVIZ,LLC and ARTVIZ,LLC.com for Digital Rights Management; or o)  use or display an upscaling (downgrade in image quality) of video, image or illustrated Content.

4. Term of Agreement 4.1 This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from ARTVIZ,LLC if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to ARTVIZ,LLC in writing that you have complied with these requirements. 4.2 ARTVIZ,LLC reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist. 4.3 Upon notice from ARTVIZ,LLC, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which ARTVIZ,LLC may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise. ARTVIZ,LLC shall provide you with replacement Content (which shall be determined by ARTVIZ,LLC in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement. 

 

5. ARTVIZ,LLC Representations and Warranties 5.1 ARTVIZ,LLC warrants that, except in respect of Content identified as “Editorial Use Only”: (i) your use of the Content in accordance with this Agreement and in the form delivered by ARTVIZ,LLC will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and (ii) all necessary model and/or property releases for use of the Content in the manner authorized under this Agreement have been obtained or is indicated that such releases may be needed. You acknowledge that no releases are generally obtained for Content that is identified as “Editorial Use Only” and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release. For Content identified as “Editorial Use Only”, ARTVIZ,LLC does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Content identified as “Editorial Use Only”, and shall be responsible for obtaining such release(s). 5.2 While ARTVIZ,LLC has made reasonable efforts to correctly categorize, keyword, caption and title the Content, it does not warrant the accuracy of such information. Additionally, ARTVIZ,LLC does not warrant the accuracy of any metadata that may be provided with the Content. 5.3 OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 6.1, THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ARTVIZ,LLC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT ARTVIZ,LLC) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE), EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, ARTVIZ,LLC MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. 5.4 Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction. 

 

6. ARTVIZ,LLC Indemnification and Limitation of Liability 6.1 Provided that the Content is only used in accordance with this Agreement and you are not otherwise in breach of this Agreement and as your sole and exclusive remedy for breach of the representations and warranties set forth in Section 5.1 above, ARTVIZ,LLC shall, subject to the terms of Sections 6.2, 6.3, 6.4 and 6.5 defend, indemnify and hold harmless you, your parent, subsidiaries and affiliates and respective directors, officers and employees from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, distribution or use of the Content by you is in breach of the representations and warranties set forth in Section 6.1 above. The foregoing states ARTVIZ,LLCs entire indemnification obligation under this Agreement. 6.2 The indemnification set out in Section 6.1 above is conditioned on your prompt notification in writing to ARTVIZ,LLC of such claim and our right to assume the handling, settlement or defense of any claim or litigation. You agree to cooperate with ARTVIZ,LLC in the defense of any such claim or litigation and shall have the right to participate in such litigation at your sole expense. ARTVIZ,LLC shall not be liable for legal fees and other costs incurred prior to the notice of the claim. 6.3 In no event shall ARTVIZ,LLC or any of its affiliates or ARTVIZ,LLCs or their respective directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation your use of, reliance upon, access to, or exploitation of the content, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than two (2) years after the cause of action first arose. 6.4 Notwithstanding any other term herein, ARTVIZ,LLC shall not be liable for any damages, costs or losses arising as a result of modifications made to the content by you or the context in which the content is used by you. 6.5 Notwithstanding anything else in this agreement, the total maximum aggregate liability of ARTVIZ,LLC under this agreement and any other agreement under which you have licensed the same content, regardless of the file size, or the use or exploitation of any or all of the content in any manner whatsoever and the obligation of ARTVIZ,LLC under section 6.1 shall be limited to an aggregate of ten thousand ($10,000) us dollars. For greater clarity, ARTVIZ,LLCs liability to you in respect of the content shall not exceed ten thousand ($10,000) us dollars regardless of the number of times that you license the same content from ARTVIZ,LLC. 6.6 Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

 

7. Your Indemnification You agree to indemnify, defend and hold ARTVIZ,LLC, its affiliates, its ARTVIZ,LLCs and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “ARTVIZ,LLC Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any ARTVIZ,LLC Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement. 

 

8. General Provisions 8.1 ARTVIZ,LLCs failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. 8.2 This Agreement is personal to you and is not assignable by you without ARTVIZ,LLCs prior written consent. ARTVIZ,LLC may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms. 8.3 If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision. 8.4 You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement. 8.5 This Agreement will be governed under the laws of the State of Washington and the federal laws of the United States. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time. 8.6 Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single Arbitrator. The arbitration shall take place in Seattle, WA, and shall be conducted in the English language. 8.7 The parties have requested that this Agreement and all related documents be drawn up in English. 

 

9. Contact If you have concerns relating to this Agreement, please contact Accounts@4k-flight.com

 

10. Acknowledgement YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF ARTVIZ,LLC AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARTVIZ,LLC, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ARTVIZ,LLC RELATING TO THE SUBJECT OF THIS AGREEMENT.

 

11. Site User Agreement: © ARTVIZ,LLC Site User Agreement v.1.01 1. 11.1 PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND 4K-FLIGHT, INC (ARTVIZ,LLC). By using the ARTVIZ,LLC web site and/or web properties (“Site”), including ARTVIZ,LLC.com and app.ARTVIZ,LLC.com, and/or downloading/uploading any content or activating an account, you agree to be bound by and comply with this Site User Agreement (“Agreement”). If you do not wish to be bound by this Agreement, do not use this Site. This agreement contains important information regarding your legal rights, remedies and obligations, including various limitations of liability and exclusions, your indemnification obligation and a dispute resolution clause that governs how disputes will be resolved. This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. ARTVIZ,LLC reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto. This Agreement is in addition to your obligations under other agreements with ARTVIZ,LLC. In the event of any conflict between this Agreement and the other agreements, the 1M+ License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact ARTVIZ,LLC Customer Service. 11.2 Permitted Use of this Site: This Site is owned and operated by ARTVIZ,LLC. All images, audio, video and related informational materials in any medium furnished by ARTVIZ,LLC hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by ARTVIZ,LLCs, licensors or by us and is protected by US and international copyright laws, trade dress, moral rights, and other Intellectual Property rights. Intellectual Property includes ARTVIZ,LLC’s technology, trademarks, copyrights, trade secrets including customers, clients, contractors and partners. Except as explicitly permitted under this Agreement you agree that no portion or element of this Site or its Content may be copied or retransmitted via any means, nor knowingly used in a competing business and all related rights shall remain the exclusive property of ARTVIZ,LLCs, licensors or ARTVIZ,LLC. You agree not to knowingly contact ARTVIZ,LLC’s customers, clients, contractors or partners for the purpose of a Competing Business. Competing Business includes but is not limited to the license and distribution of media assets. You understand that ARTVIZ,LLC’s customers, clients, contractors and partners are valuable assets of ARTVIZ,LLC. If you do not consent to this paragraph, do not use the Site or any Content found therein. 11.3 FOR THE PROTECTION OF ARTVIZ,LLC AND ITS ARTVIZ,LLCS AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM ARTVIZ,LLC AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to ARTVIZ,LLC’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by ARTVIZ,LLC in writing, you may not: (i) deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means; (iii)  copy, redirect, or exploit the Site or any Content; (iv)  probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of ARTVIZ,LLC’s customers; or (v) use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site. Your use of this Site and any Content shall comply with all applicable law. ARTVIZ,LLC reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from ARTVIZ,LLC may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from ARTVIZ,LLC. Additionally, you are responsible for backing up your data and any Content you have licensed from the Site, and ARTVIZ,LLC provides no warranty or guarantee that Content you have licensed will be available from the Site. Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle ARTVIZ,LLC to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. ARTVIZ,LLC in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties ARTVIZ,LLC may be entitled to under this Agreement, any applicable ARTVIZ,LLC Content License Agreement and applicable law. The foregoing is not a limiting statement of ARTVIZ,LLC or its Content sources’ rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or ARTVIZ,LLC Content License Agreement. Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by ARTVIZ,LLC. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel. 

12. Privacy © ARTVIZ,LLC Site User Agreement v.1.01 2. 12.1 ARTVIZ,LLC’s Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult ARTVIZ,LLC’s Privacy Policy for specific information on ARTVIZ,LLC policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted. Please note that if you use ARTVIZ,LLC’s Community Section, including blogs and discussion threads described further below, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these pages. You may, at any time, request access to, correct and delete personal information about you stored by ARTVIZ,LLC with respect to the Community Section by contacting us directly. 12.2 Registering for a ARTVIZ,LLC Account Registration with ARTVIZ,LLC grants you certain privileges. In applying for a ARTVIZ,LLC account, you agree to furnish true and accurate information. ARTVIZ,LLC reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by ARTVIZ,LLC. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify ARTVIZ,LLC of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify ARTVIZ,LLC of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by ARTVIZ,LLC, and that ARTVIZ,LLC is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content. If you suspect you are being impersonated, contact us immediately. ARTVIZ,LLC reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of ARTVIZ,LLC and its members. ARTVIZ,LLC cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any ARTVIZ,LLC account or Site or related services. 

13. Children. Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. 

14. ARTVIZ,LLC Trademarks. You may not use the trademarks or service marks of ARTVIZ,LLC without ARTVIZ,LLC’s prior written consent. “ARTVIZ,LLC,” “4K-FLIGHT”, “ARTVIZ,LLC”, “4K-FLIGHT Motion,” “4K-FLIGHT Film”, “4K-FLIGHT Shorts”, “4K-FLIGHT TV”, “4K-FLIGHT Indy”, “Black Board”, “White Board”, “Director’s Chair” and any associate logos are trademarks of 4K-FLIGHT, Inc.. Other product and company names mentioned on the Site are trademarks of their respective owners. 

15. Indemnification. You agree to indemnify and hold harmless ARTVIZ,LLC and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users and (v) any claims arising out of Content you supply via the Community Section. 

16. Disclaimers and Limitation of Liability. 16.1 ARTVIZ,LLC PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK. ARTVIZ,LLC MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, ARTVIZ,LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER ARTVIZ,LLC NOR ANY ARTVIZ,LLC SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. ARTVIZ,LLC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF ARTVIZ,LLC, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR 16.2 CONSEQUENTIAL DAMAGE, EVEN IF ARTVIZ,LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY. 16.3 ALTHOUGH ARTVIZ,LLC TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND ARTVIZ,LLC MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. ARTVIZ,LLC ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO ARTVIZ,LLC, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND ARTVIZ,LLC. 16.4 ARTVIZ,LLC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO ARTVIZ,LLC IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT ARTVIZ,LLC’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL ARTVIZ,LLC’ TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE EXCEED $500.00. 

17. Third Party Links. As a convenience, our Site may link to other sites that may be of interest to you but are not under ARTVIZ,LLC’s control. These links do not imply endorsement by ARTVIZ,LLC and we are not responsible for the availability of or the content contained in any linked site. 

18. Notification of Copyright Infringement ARTVIZ,LLC may terminate the accounts of users who infringe the intellectual property rights of others. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using the DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Legal Department: Accounts@artviz3d.com

19. Choice of Law / Jurisdiction / Attorneys’ Fees. Any dispute regarding this Agreement shall be governed by the laws of the State of Washington and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Washington, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language In any dispute between ARTVIZ,LLC and you, ARTVIZ,LLC shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you. 

20. Acknowledgement. You officially acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with ARTVIZ,LLC’s other agreements) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of ARTVIZ,LLC, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of ARTVIZ,LLC, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by ARTVIZ,LLC. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without ARTVIZ,LLC’s prior written consent. 

Version 1.0, Effective date: 1 November 2016

 

 

 

 

 

 

Terms & Conditions

 

4K-Flight™, by Artviz™,LLC  |  Stock Footage Content License Agreement  |  Version 1.0, Effective date: 1 November 2016

This Standard Stock Footage License Agreement governs the terms by which a licensee may obtain the right to use content provided by 4K-FLIGHT AKA, ARTVIZ,LLC [DBA]. The Stock Footage Content License Agreement is a contract between Client [Purchaser of License] and ARTVIZ,LLC, ARTVIZ,LLC. Important Note: To the extent that the ARTVIZ,LLC Application may be used to reproduce materials, it is licensed to you only for reproduction of materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. To the extent that this application may be used for remote access to video files for viewing between computers, remote access of copyrighted videos is only provided for lawful personal use or as otherwise legally permitted. If you are uncertain about your right to copy or permit access to any material you should contact your legal advisor. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. 

1. Background of Agreement 1.1 Rights and Obligations: This document affects your rights and obligations. By purchasing a Standard Stock Footage License for the selected Content you accept and agree to this Agreement either for yourself or on behalf of your employer or the entity that is identified as the Licensee, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is identified as the Licensee, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not sign this Agreement. 1.2 Definitions: (a) “you” or the “Client” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; (b) “ARTVIZ,LLC” or “we” means ARTVIZ,LLC; (c) “Content” means any multi-media data type, including but not limited to film or video footage, animation, photographic image, illustration, Flash file, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material. 

2. Stock Footage License Terms We hereby grant to you a non-exclusive, non-transferable, and non-sublicensable Limited License to use and reproduce the Content for the purpose and duration according to the Terms selected below. Limited License means the right to use and reproduce the Content for one project (the contemplated project at time of license) in accordance with the Terms selected in Table 1 Content Licensing Terms. Terms mean the summation of the individual licensing terms selected from Table 1. Content Licensing Terms. The individual licensing terms are shown in Table 1 Content Licensing Terms on the following page. All activity or uses of the Content outside the Terms selected at time of checkout is prohibited in addition to the prohibited uses defined below in Section 3. Standard Stock Footage License Prohibitions. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by ARTVIZ,LLC. 

3. Standard Stock Footage License Prohibitions Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following is a non-exhaustive list of some “Prohibited Uses”. You may not: a)  use the Content in design template applications, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates; b)  use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items; c)  use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo; d)  incorporate the Content in any product or website that results in making the Content available in a manner such that a person can extract, access or reproduce the original or derivative Content as an electronic file; e)  use the Content in a fashion that is considered by ARTVIZ,LLC (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; f)  use Content featuring a model or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (i) the Licensed Material is being used for illustrative purposes only; and (ii) any person depicted in the Licensed Material, if any, is a model. g)  use Content identified as “Editorial”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor); h)  to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code; i)  use the Content in additional future projects or in ways not in accordance with the Terms selected in Table 1 Content Licensing Terms. j)  remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content; k)  sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement; l)  install and use the Content on more than two computers at a time or post a copy of the Content on a network server or web server for use by other users; m)  use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; n)  use the Content for editorial purposes without crediting the ARTVIZ,LLC and ARTVIZ,LLC.com for Digital Rights Management; or o)  use or display an upscaling (downgrade in image quality) of video, image or illustrated Content.

4. Term of Agreement 4.1 This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from ARTVIZ,LLC if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to ARTVIZ,LLC in writing that you have complied with these requirements. 4.2 ARTVIZ,LLC reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist. 4.3 Upon notice from ARTVIZ,LLC, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which ARTVIZ,LLC may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise. ARTVIZ,LLC shall provide you with replacement Content (which shall be determined by ARTVIZ,LLC in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement. 

5. ARTVIZ,LLC Representations and Warranties 5.1 ARTVIZ,LLC warrants that, except in respect of Content identified as “Editorial Use Only”: (i) your use of the Content in accordance with this Agreement and in the form delivered by ARTVIZ,LLC will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and (ii) all necessary model and/or property releases for use of the Content in the manner authorized under this Agreement have been obtained or is indicated that such releases may be needed. You acknowledge that no releases are generally obtained for Content that is identified as “Editorial Use Only” and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release. For Content identified as “Editorial Use Only”, ARTVIZ,LLC does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Content identified as “Editorial Use Only”, and shall be responsible for obtaining such release(s). 5.2 While ARTVIZ,LLC has made reasonable efforts to correctly categorize, keyword, caption and title the Content, it does not warrant the accuracy of such information. Additionally, ARTVIZ,LLC does not warrant the accuracy of any metadata that may be provided with the Content. 5.3 OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 6.1, THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ARTVIZ,LLC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT ARTVIZ,LLC) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE), EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1, ARTVIZ,LLC MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. 5.4 Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from jurisdiction to jurisdiction. 

6. ARTVIZ,LLC Indemnification and Limitation of Liability 6.1 Provided that the Content is only used in accordance with this Agreement and you are not otherwise in breach of this Agreement and as your sole and exclusive remedy for breach of the representations and warranties set forth in Section 5.1 above, ARTVIZ,LLC shall, subject to the terms of Sections 6.2, 6.3, 6.4 and 6.5 defend, indemnify and hold harmless you, your parent, subsidiaries and affiliates and respective directors, officers and employees from all damages, liabilities and expenses (including reasonable outside legal fees), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, distribution or use of the Content by you is in breach of the representations and warranties set forth in Section 6.1 above. The foregoing states ARTVIZ,LLCs entire indemnification obligation under this Agreement. 6.2 The indemnification set out in Section 6.1 above is conditioned on your prompt notification in writing to ARTVIZ,LLC of such claim and our right to assume the handling, settlement or defense of any claim or litigation. You agree to cooperate with ARTVIZ,LLC in the defense of any such claim or litigation and shall have the right to participate in such litigation at your sole expense. ARTVIZ,LLC shall not be liable for legal fees and other costs incurred prior to the notice of the claim. 6.3 In no event shall ARTVIZ,LLC or any of its affiliates or ARTVIZ,LLCs or their respective directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of this agreement, including without limitation your use of, reliance upon, access to, or exploitation of the content, or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than two (2) years after the cause of action first arose. 6.4 Notwithstanding any other term herein, ARTVIZ,LLC shall not be liable for any damages, costs or losses arising as a result of modifications made to the content by you or the context in which the content is used by you. 6.5 Notwithstanding anything else in this agreement, the total maximum aggregate liability of ARTVIZ,LLC under this agreement and any other agreement under which you have licensed the same content, regardless of the file size, or the use or exploitation of any or all of the content in any manner whatsoever and the obligation of ARTVIZ,LLC under section 6.1 shall be limited to an aggregate of ten thousand ($10,000) us dollars. For greater clarity, ARTVIZ,LLCs liability to you in respect of the content shall not exceed ten thousand ($10,000) us dollars regardless of the number of times that you license the same content from ARTVIZ,LLC. 6.6 Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

7. Your Indemnification You agree to indemnify, defend and hold ARTVIZ,LLC, its affiliates, its ARTVIZ,LLCs and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “ARTVIZ,LLC Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any ARTVIZ,LLC Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement. 

8. General Provisions 8.1 ARTVIZ,LLCs failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. 8.2 This Agreement is personal to you and is not assignable by you without ARTVIZ,LLCs prior written consent. ARTVIZ,LLC may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms. 8.3 If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision. 8.4 You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement. 8.5 This Agreement will be governed under the laws of the State of Washington and the federal laws of the United States. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time. 8.6 Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single Arbitrator. The arbitration shall take place in Seattle, WA, and shall be conducted in the English language. 8.7 The parties have requested that this Agreement and all related documents be drawn up in English. 

9. Contact If you have concerns relating to this Agreement, please contact Accounts@4k-flight.com

10. Acknowledgement YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF ARTVIZ,LLC AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ARTVIZ,LLC, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ARTVIZ,LLC RELATING TO THE SUBJECT OF THIS AGREEMENT.

11. Site User Agreement: © ARTVIZ,LLC Site User Agreement v.1.01 1. 11.1 PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND 4K-FLIGHT, INC (ARTVIZ,LLC). By using the ARTVIZ,LLC web site and/or web properties (“Site”), including ARTVIZ,LLC.com and app.ARTVIZ,LLC.com, and/or downloading/uploading any content or activating an account, you agree to be bound by and comply with this Site User Agreement (“Agreement”). If you do not wish to be bound by this Agreement, do not use this Site. This agreement contains important information regarding your legal rights, remedies and obligations, including various limitations of liability and exclusions, your indemnification obligation and a dispute resolution clause that governs how disputes will be resolved. This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. ARTVIZ,LLC reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto. This Agreement is in addition to your obligations under other agreements with ARTVIZ,LLC. In the event of any conflict between this Agreement and the other agreements, the 1M+ License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact ARTVIZ,LLC Customer Service. 11.2 Permitted Use of this Site: This Site is owned and operated by ARTVIZ,LLC. All images, audio, video and related informational materials in any medium furnished by ARTVIZ,LLC hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by ARTVIZ,LLCs, licensors or by us and is protected by US and international copyright laws, trade dress, moral rights, and other Intellectual Property rights. Intellectual Property includes ARTVIZ,LLC’s technology, trademarks, copyrights, trade secrets including customers, clients, contractors and partners. Except as explicitly permitted under this Agreement you agree that no portion or element of this Site or its Content may be copied or retransmitted via any means, nor knowingly used in a competing business and all related rights shall remain the exclusive property of ARTVIZ,LLCs, licensors or ARTVIZ,LLC. You agree not to knowingly contact ARTVIZ,LLC’s customers, clients, contractors or partners for the purpose of a Competing Business. Competing Business includes but is not limited to the license and distribution of media assets. You understand that ARTVIZ,LLC’s customers, clients, contractors and partners are valuable assets of ARTVIZ,LLC. If you do not consent to this paragraph, do not use the Site or any Content found therein. 11.3 FOR THE PROTECTION OF ARTVIZ,LLC AND ITS ARTVIZ,LLCS AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM ARTVIZ,LLC AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (“RIGHTS MANAGEMENT SYSTEMS (RMS))”. If you do not consent to ARTVIZ,LLC’s use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by ARTVIZ,LLC in writing, you may not: (i) deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means; (iii)  copy, redirect, or exploit the Site or any Content; (iv)  probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of ARTVIZ,LLC’s customers; or (v) use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site. Your use of this Site and any Content shall comply with all applicable law. ARTVIZ,LLC reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from ARTVIZ,LLC may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from ARTVIZ,LLC. Additionally, you are responsible for backing up your data and any Content you have licensed from the Site, and ARTVIZ,LLC provides no warranty or guarantee that Content you have licensed will be available from the Site. Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle ARTVIZ,LLC to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. ARTVIZ,LLC in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties ARTVIZ,LLC may be entitled to under this Agreement, any applicable ARTVIZ,LLC Content License Agreement and applicable law. The foregoing is not a limiting statement of ARTVIZ,LLC or its Content sources’ rights or remedies in connection with any unauthorized use of the Content, breach of the Agreement, or ARTVIZ,LLC Content License Agreement. Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by ARTVIZ,LLC. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel. 

12. Privacy © ARTVIZ,LLC Site User Agreement v.1.01 2. 12.1 ARTVIZ,LLC’s Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult ARTVIZ,LLC’s Privacy Policy for specific information on ARTVIZ,LLC policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties, even if there is a special notice that the information (e.g., financial information) is encrypted. Please note that if you use ARTVIZ,LLC’s Community Section, including blogs and discussion threads described further below, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these pages. You may, at any time, request access to, correct and delete personal information about you stored by ARTVIZ,LLC with respect to the Community Section by contacting us directly. 12.2 Registering for a ARTVIZ,LLC Account Registration with ARTVIZ,LLC grants you certain privileges. In applying for a ARTVIZ,LLC account, you agree to furnish true and accurate information. ARTVIZ,LLC reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by ARTVIZ,LLC. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify ARTVIZ,LLC of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify ARTVIZ,LLC of any unauthorized use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by ARTVIZ,LLC, and that ARTVIZ,LLC is authorized to accept the account information and password as conclusive evidence that you have accessed, utilized, or otherwise enjoyed the Content. If you suspect you are being impersonated, contact us immediately. ARTVIZ,LLC reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of ARTVIZ,LLC and its members. ARTVIZ,LLC cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any ARTVIZ,LLC account or Site or related services. 

13. Children. Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. 

14. ARTVIZ,LLC Trademarks. You may not use the trademarks or service marks of ARTVIZ,LLC without ARTVIZ,LLC’s prior written consent. “ARTVIZ,LLC,” “4K-FLIGHT”, “ARTVIZ,LLC”, “4K-FLIGHT Motion,” “4K-FLIGHT Film”, “4K-FLIGHT Shorts”, “4K-FLIGHT TV”, “4K-FLIGHT Indy”, “Black Board”, “White Board”, “Director’s Chair” and any associate logos are trademarks of 4K-FLIGHT, Inc.. Other product and company names mentioned on the Site are trademarks of their respective owners. 

15. Indemnification. You agree to indemnify and hold harmless ARTVIZ,LLC and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this Agreement, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your failure to obtain from third parties all permissions necessary to use the Content,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users and (v) any claims arising out of Content you supply via the Community Section. 

16. Disclaimers and Limitation of Liability. 16.1 ARTVIZ,LLC PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK. ARTVIZ,LLC MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, ARTVIZ,LLC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER ARTVIZ,LLC NOR ANY ARTVIZ,LLC SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. ARTVIZ,LLC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF ARTVIZ,LLC, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR 16.2 CONSEQUENTIAL DAMAGE, EVEN IF ARTVIZ,LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY. 16.3 ALTHOUGH ARTVIZ,LLC TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND ARTVIZ,LLC MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. ARTVIZ,LLC ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO ARTVIZ,LLC, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND ARTVIZ,LLC. 16.4 ARTVIZ,LLC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO ARTVIZ,LLC IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT ARTVIZ,LLC’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL ARTVIZ,LLC’ TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE EXCEED $500.00. 

17. Third Party Links. As a convenience, our Site may link to other sites that may be of interest to you but are not under ARTVIZ,LLC’s control. These links do not imply endorsement by ARTVIZ,LLC and we are not responsible for the availability of or the content contained in any linked site. 

18. Notification of Copyright Infringement ARTVIZ,LLC may terminate the accounts of users who infringe the intellectual property rights of others. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using the DMCA Process. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Legal Department: Accounts@artviz3d.com 

19. Choice of Law / Jurisdiction / Attorneys’ Fees. Any dispute regarding this Agreement shall be governed by the laws of the State of Washington and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Washington, USA, regardless of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the English language In any dispute between ARTVIZ,LLC and you, ARTVIZ,LLC shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you. 

20. Acknowledgement. You officially acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with ARTVIZ,LLC’s other agreements) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of ARTVIZ,LLC, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of ARTVIZ,LLC, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by ARTVIZ,LLC. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without ARTVIZ,LLC’s prior written consent. 

Version 1.0, Effective date: 1 November 2016

Questions? Accounts@4k-flight.com