Web Site Terms of Service

Effective Date: January 1, 2008

1. Terms

The following Terms of Service contain the terms and conditions that govern your use of the Web Site (TheFootageResource.com) and The Footage Resource Service (as defined below). By accessing this web site, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark laws.

If you do not agree with any of these terms, do not access or otherwise use the Web Site or any information or materials contained on the Web Site. Your use of the Web Site shall be deemed to be your agreement to abide by each of the terms set forth below.

2. Our Service

1. Skyhouse Media, LLC. provides a service (TheFootageResource.com) that enables users to purchase and download video and/or audio files (otherwise known as stock footage or video clips). The Footage Resource allows users to browse the Web Site and purchase these products. Skyhouse Media, LLC. may offer a number of other services on its Web Site which may change from time to time.
   

3. Use of the Web Site and The Footage Resource Service

1. Eligibility. The Footage Resource Service is not intended for children under the age of 13, and as such, Skyhouse Media, LLC. will only knowingly provide the The Footage Resource Service to those individuals that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the The Footage Resource Service, but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
   
   
2. Compliance with Terms of Service and Applicable Law. You must comply with all of the terms and conditions of these Terms of Service, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the The Footage Resource Service and the Web Site.
   

4. Your License to Use the Web Site and the The Footage Resource Service.

1. Except as expressly provided for in these Terms of Service, Skyhouse Media, LLC. solely and exclusively owns all intellectual property and other rights, title and interest in and to the The Footage Resource Service and Web Site. For example and without limitation, Skyhouse Media, LLC. owns the trademarks The Footage Resource and TheFootageResource.com as well as the copyrights in and to the Web Site, including certain technology that may be used in providing The Footage Resource Service. You will not acquire any right, title or interest therein under these Terms of Service or otherwise.
   
   
2. A limited revocable license is granted by Skyhouse Media, LLC. for you to access and use the Web Site and the The Footage Resource Service for its intended purposes, which is subject to your compliance with these Terms of Service. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Skyhouse Media, LLC., to compete with The Footage Resource, create any derivative works that are based on Web Site content, or download or copy the Web Site. Skyhouse Media, LLC. may revoke the license granted to you if you use the Web Site in a manner that violates the measures outlined in this license or breach this Terms of Service.
   
   
3. This Section 4.3 does not pertain to your intellectual property rights. For information pertaining to your intellectual property rights, please refer to Section 6.3.
   
   
4. Third-Party Services. Skyhouse Media, LLC. may provide links on the Web Site to other websites that are not affiliated with, under the control of, or otherwise maintained by Skyhouse Media, LLC., and may use third parties to provide certain services accessible through the Web Site. Skyhouse Media, LLC. does not control those third parties or their services, and you agree that Skyhouse Media, LLC. will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You are required to comply with such terms and policies including these Terms of Service when you use these services. If any such terms or policies conflict with Skyhouse Media, LLC. Terms of Service, agreements or policies, you must comply with Skyhouse Media, LLC's Terms of Service, agreements or policies, as applicable. Skyhouse Media, LLC. does not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

5. Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a "hypertext" link to the Web Site so long as such link is to the entry page of this Web Site and does not portray The Footage Resource or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory nature. This limited right may be revoked at any time and for any reason. You are prohibited from using, framing, or utilizing framing techniques to enclose any The Footage Resource trademark, logo or trade name or other proprietary information including the images found on the Web Site, the content of any text or the layout and/or design of any page or any form contained on a page without the express written permission of Skyhouse Media, LLC.

6. General Rules

1. Prohibited Use. You may only use the The Footage Resource Service as expressly permitted by Skyhouse Media, LLC. You may not cause harm to the Web Site or the The Footage Resource Service in any way. Specifically, but not by way of limitation, you may not: (i) interfere with The Footage Resource Service by employing viruses or any other programs or technology that have been designed to disrupt or damage any hardware or software; (ii) modify, reverse engineer, create derivative works from, decompile or disassemble any of the technology used to provide The Footage Resource Service; (iii) use a robot, spider or other such device or process to track or monitor the activity on or copy pages from the Web Site, except in the use of an internet "search engine", hit counters or similar technology; (iv) gather electronic mail addresses or any other information from third parties by using The Footage Resource Service; (v) impersonate another person or entity; (vi) use any meta tags, key terms, search terms, or similar that contain The Footage Resource's name or trademarks; (vii) engage in any kind of activity that interferes with another user's ability to utilize The Footage Resource Service; or (viii) encourage or assist any third party in engaging in an activity prohibited by these Terms of Service.
   
   
2. Privacy Policy. By entering into these Terms of Service, you fully understand and agree to Skyhouse Media, LLC's collection, use and disclosure of your personal information in accordance with the Privacy Policy.
   
   
3. Ordering Policies. If you purchase Products, you agree to do so in accordance with Skyhouse Media, LLC's End User License Agreement (EULA).
   
   
4. Password Restricted Areas of the Site. Certain areas of the Web Site may be password restricted to registered users (otherwise known as "Password-Protected Areas"). If you have registered as an authorized user to gain access to any of these Password-Protected Areas, you understand and agree that you are wholly responsible for maintaining the confidentiality of your password, and agree to notify The Footage Resource if the password is lost, stolen, disclosed to an unauthorized third party, or may have been otherwise compromised. You also agree that you are wholly responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who has undertaken such activities. You agree to promptly notify The Footage Resource of any unauthorized use of your account or any other breach of security pertaining to your password or the Web Site that is known to you.

7. Representations and Warranties

1. Mutual Representations and Warranties. You represent and warrant to Skyhouse Media, LLC. and Skyhouse Media, LLC. represents and warrants to you: (i) that you or it has the full authority and power to enter into and perform under these Terms of Service, (ii) the performance and execution of your or its obligations under these Terms of Service do not constitute a breach of or conflict with any other agreement or arrangement to which you or it is bound, and (iii) these Terms of Service are a legal, binding and valid obligation of the party entering into these Terms of Service, enforceable in accordance with their terms and conditions.
   
   
2. By You. You represent and warrant to Skyhouse Media, LLC. that, in your use of the The Footage Resource Service, you: (i) will not infringe the trademark, copyright, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will holey comply with all applicable laws, rules and regulations. You further represent and warrant to Skyhouse Media, LLC. that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Skyhouse Media, LLC. will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Skyhouse Media, LLC. incurs in providing the The Footage Resource Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any programs or other technology designed to disrupt or damage any software or hardware.

8. Disclaimers and Exclusions

1. DISCLAIMER OF WARRANTIES. SKYHOUSE MEDIA, LLC. PROVIDES THE WEB SITE AND THE FOOTAGE RESOURCE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKYHOUSE MEDIA, LLC. DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE FOOTAGE RESOURCE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. SKYHOUSE MEDIA, LLC. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
   
   
2. EXCLUSION OF DAMAGES. SKYHOUSE MEDIA, LLC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE FOOTAGE RESOURCE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Limitations of Liability

LIMITATION OF LIABILITY. IN NO EVENT WILL SKYHOUSE MEDIA, LLC'S LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE EXCEED THE GREATER OF (i) THE AMOUNT PAID TO SKYHOUSE MEDIA, LLC. BY YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).


10. Termination

1. Termination. You agree that, under certain circumstances and without prior notice, Skyhouse Media, LLC. may suspend or terminate your use of the Web Site or The Footage Resource Service, including without limitation, if it believes, with its sole discretion, that you have breached any term of these Terms of Service. You acknowledge and agree that all suspensions and terminations will be made in the sole discretion of Skyhouse Media, LLC. and that Skyhouse Media, LLC. shall not be liable to you or any other party for the termination of your access to the Web Site.
   
   
2. Survival. Notwithstanding as outlined above, these Terms of Service will survive indefinitely unless and until The Footage Resource chooses to terminate them.
   
   
3. Effect of Termination. If you or Skyhouse Media, LLC. terminates your use of the Web Site or the The Footage Resource Service, Skyhouse Media, LLC. may delete any Content or other materials relating to your use of The Footage Resource Service on The Footage Resource's servers or otherwise in its possession and Skyhouse Media, LLC. will have no liability to you or any third party for doing so.

11. Indemnification

You must indemnify and hold Skyhouse Media, LLC. (owner of The Footage Resource, TheFootageResource.com) and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these Terms of Service through any act or omission. If you have to indemnify Skyhouse Media, LLC. under this Section, The Footage Resource will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Skyhouse Media, LLC's express written permission.

12. Revisions and Errata

The materials appearing on The Footage Resource web site could include technical, typographical, or photographic errors. Skyhouse Media, LLC. does not warrant that any of the materials on its web site are accurate, complete, or current. Skyhouse Media, LLC. may make changes to the materials contained on its web site at any time without notice. Skyhouse Media, LLC. does not, however, make any commitment to update the materials.

13. Links

Skyhouse Media, LLC. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Skyhouse Media, LLC. of the site. Use of any such linked web site is at the user's own risk.

14. Site Terms of Use Modifications

Skyhouse Media, LLC. reserves the right to add, delete and/or modify any of the terms and conditions contained in this Terms of Service, at any time and in its sole discretion, by posting a change notice or a new agreement on the The Footage Resource Web Site. In the event of substantive changes to these Terms of Service, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and The Footage Resource Service. Your continued use of The Footage Resource Site following posting of a change notice or new Terms of Service on the The Footage Resource Web Site will constitute binding acceptance of the changes.

15. Governing Law

These Terms of Service will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Nevada without reference to conflict of law principles. These Terms of Service will not be assignable or transferable by you without the prior written consent of Skyhouse Media, LLC. These Terms of Service (including all of the policies and other Agreements described in this Terms of Service, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Skyhouse Media, LLC. are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service. The invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision of these Terms of Service, all of which will remain in full force and effect.

Should you have questions or concerns regarding these Terms of Service, you may contact The Footage Resource by e-mailing sales@thefootageresource.com or by mail: Skyhouse Media, LLC. 1370 Trancas St. Suite 172 Napa, CA 94558.