Terms of Service

These terms of service govern your usage, access, and actions on the website www.thearchivefootage.com. In this document, “thearchivefootage.com“, “we“, “our“, and “us” encompass the company called “Dafactory di Daniele Carrer“, registered in Italy, European Union, VAT id IT04666280260.

Prior to accessing or using the Website, please carefully read and understand these terms of service. They establish limitations on our liability and may significantly impact your rights. By accessing or utilizing any part of the Website, whether it’s public or private, you acknowledge and agree to be bound by these Terms of Service. If you are accessing or using the Website on behalf of your employer or another entity, you confirm that you possess the legal authority to bind such employer or entity. If you lack the necessary authority or disagree with these Terms of Service, refrain from accessing or using the Website.

Revisions to Legal Terms

We reserve the right to modify these Terms of Service as well as the guidelines, policies, restrictions, and agreements on the Website at any time and without prior notice. We advise you to periodically review the Terms of Service along with the posted guidelines, policies, restrictions, and agreements on the Website. By continuing to access or use the Website after such changes have been posted, you signify your acceptance of and agreement to the modified terms.

Content and Other Materials

Thearchiefootage.com provides an online marketplace of historical footage. The purpose is to allow users, members, registrants, and licensees of the Website to download and license such Content.

With the exception of Previews, no Content may be downloaded or copied from the Website unless the individual or entity doing so first agrees to the thearchivefootage.com Sales Agreement. This agreement may be modified by us from time to time. Any Content, excluding Previews, that is downloaded from the Website is subject to the terms, conditions, and restrictions set forth in the Sales Agreement, as well as the payment of applicable License Fees as specified on the Website.

All Content, Previews, Content Information, and other works available on the Website (referred to as the “Materials”) and the copyrights and other intellectual property rights associated with them are our property. These Materials are protected by copyright, trademark, and other intellectual property laws. The domain thearchivefootage.com is owned by Dafactory di Daniele Carrer. The visual appearance of the Website is protected under the Italian and the European Union laws, and other applicable laws.

Except for what is expressly permitted by our Sales Agreement, any use of these Materials is strictly prohibited, including modifications, public display or performance, derivative works, exploitation, or distribution, without our prior written permission. No copyright or other intellectual property notices or watermarks present on any Materials should be deleted or altered.

Your Personal Information

Respecting the privacy of personal information is our utmost priority when it comes to individuals with whom we engage. To elaborate on our privacy policies, practices, and the collection, use, and disclosure of personal information, we have developed a comprehensive Privacy Policy. By accessing or using the Website, providing any personal information on the Website, or any other means of sharing personal information with us, you are giving your consent to the collection, processing, sharing, and use of your personal information, as well as our utilization of cookies, as outlined in our Privacy Policy.

For more detailed information, please refer to our Privacy Policy.

Location of Website Access and Information Provision and Processing

All access to and usage of the Website, as well as the provision of information through the Website and/or your agreement to these terms, will be considered as taking place in Italy, European Union.

By consenting, you allow your personal information to be shared with and processed by us, located in Italy, European Union. It’s important to note that this Country may have different privacy protection standards, some of which may be less stringent than those in your own country.

Notice of Privacy or Publicity Rights Violations by Materials

If you believe that your privacy or publicity rights, or the rights of a minor for whom you are the parent or legal guardian, have been violated by any Content or other materials on the Website, please contact us. Provide the following information in your notice:

  • A description of the material that you claim violates your (or the minor’s) privacy or publicity rights, along with its location on the Website, providing enough detail to
  • An explanation of how the material violates your (or the minor’s) privacy or publicity rights
  • Your (and if applicable, the minor’s) name, address, telephone number, and email address
  • A statement from you affirming that you have a genuine belief that the disputed use has not been authorized, and it infringes upon your (or the minor’s) privacy or publicity rights (Also, include a representation that the information in your notice is accurate and true.)

Previews

Subject to your compliance with these Terms of Use, thearchivefootage.com grants you a limited, non-transferable license referred to as the “Evaluation License”. This license allows you to preview any Content displayed on the Website. These “Previews”, may only be used for the purpose of evaluating whether you or your employer/client intends to purchase a license for the Content under the Sales Agreement.

You and your employer/client may use the Previews and their downloads, along with their Content Information, solely for internal evaluation purposes and for a maximum period of sixty (60) days from the date of download unless otherwise approved in writing by us. After this period, all copies of Previews and Content Information must be immediately and permanently deleted and destroyed. Except for this limited internal evaluation use, you and your employer/client are prohibited from copying, distributing, publishing, displaying, sublicensing, making available, or using Previews or Content Information in any manner. Previews may not be incorporated into any external work or materials distributed, performed, transmitted, or displayed.

If thearchivefootage.com notifies you that any Preview is being or will be removed from the Website for reasons other than potential legal claims, unless otherwise agreed by us, you shall have no further rights to use such Preview. You are responsible for ensuring that your employer complies with the terms of this paragraph, and both you and your employer are accountable for ensuring that any client provided with a Preview adheres to these terms. Once you and your employer or client purchase a license for the Content under the Sales Agreement, the aforementioned limitations no longer apply, as expressly provided in the Sales Agreement.

Restrictions on Website Use

When accessing and using the Website, and participating in its activities, you agree to do so for lawful purposes only and in accordance with these Terms of Use as well as the guidelines, policies, restrictions, and agreements stated on the Website.

On or through the Website, you, your employer, or anyone else acting on your behalf must not engage in the following activities or assist in their execution:

  • Soliciting any Website contributor, customer, or user, whether on an individual or bulk basis; Advertising any product or service, including unsolicited bulk commercial email
  • Conducting fraudulent, criminal, or other unlawful activities
  • Uploading, providing, or sending any Content, Content Information, or communication that infringes, misappropriates, or violates the copyright, trademark, privacy, publicity, or any other legal rights of others. This includes content that is illegal, offensive, threatening, abusive, indecent, defamatory, harassing, or menacing, or promotes hatred or violence based on factors such as race, ethnicity, nationality, religion, gender, gender identity, sexual orientation, age, disability, marital status, or veteran status
  • Engaging in activities involving software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”
  • Posting or distributing intentionally false information or misleading and deceptive content regarding the source of the Content
  • Impersonating any person or entity, including the use of a false email address, with the intent to confuse, mislead, or deceive others
  • Reselling or commercially using the Website or any part thereof, or any Materials on the Website, except as permitted under the Sales Agreement for downloaded Content
  • Collecting or using any Content descriptions, information, or prices, except for the purpose of viewing and evaluating potential Content licenses under the Sales Agreement or as permitted under the Sales Agreement for downloaded Content
  • Downloading or copying any member, user, registrant, or Content information for personal benefit or for the benefit of any person, merchant, or website, except as necessary to facilitate the use of downloaded Content under the Sales Agreement or the rights granted therein
  • Using any data mining, robots, or similar data gathering and extraction tools on or at the Website, or employing any other automated means to access the Website
  • Framing the Website or any part thereof, including any Content, trademark, logo, or other proprietary information, without our express written consent
  • Using meta tags or “hidden text” utilizing our names or trademarks without our express written consent
  • Taking any action that, in our sole discretion, imposes an unreasonable or disproportionately large load on our servers or infrastructure, or using the Website in a way that may cause interruptions, damage, or impairment to the Website or its accessibility (This includes uploading, linking to, or distributing any Content, Content Information, or communication intended to harm or disrupt the Website, another Contributor’s or user’s device or computer, or compromise the privacy or account security of another user.)
  • Posting or providing any other user’s private or personal information (such as phone numbers, addresses, or financial information) or intimate photos or videos without explicit consent from the person involved
  • Uploading or providing any Content or Content Information that promotes or endorses regulated goods and services, including alcohol, gambling, tobacco, firearms/weapons, pharmaceuticals, or other goods and services regulated in the European Union and other countries where the Website is available
  • Exploiting the Website or any part thereof for commercial purposes without our express written consent, except as necessary to exercise the rights granted under the Sales Agreement for downloaded Content

Feedback

By submitting any comments, information, ideas, concepts, reviews, techniques, or other materials to the Website or sending them to us through our contact form, you grant thearchivefootage.com the unrestricted right to use such Feedback worldwide and indefinitely, without any further compensation, acknowledgement, or payment to you. This includes the development, marketing, modification, and improvement of products, as well as the creation and enhancement of the Website. Furthermore, you agree not to assert any “moral rights” in the Feedback to the extent permitted by applicable law. Dafactory di Daniele Carrer shall be the sole owner of all intellectual property rights in anything created by or for thearchivefootage.com based on the Feedback. By providing Feedback, you understand that no additional consideration will be provided to you, and you waive any claim against Dafactory di Daniele Carrer regarding the use of such Feedback, even if similar material or ideas are utilized.

ID and Password

You agree to the following provisions regarding ID and password:

  • You will not share the user ID or password (collectively referred to as “User Codes”) obtained or used in connection with accessing or using the Website, after purchasing a license to Content from the Website with any other person.
  • You will take all necessary steps to maintain the confidentiality of your User Codes.
  • You are responsible for all actions or omissions that occur under any User Code.
  • In the event of any of the following situations, you will promptly notify us in writing: Loss, theft, or improper disclosure of any User Code to a third party; Termination of authority or employment of any person provided with a User Code on your behalf; Compromise of the confidentiality of any User Code; Knowledge of possible or actual unauthorized access and/or use of the Website.

Links

The Website may contain links or references to other sites, services, and resources on the Internet, including payment processors or gateways. Please note that thearchivefootage.com has no control over such external sites, services, and resources, and we do not endorse or assume responsibility for them. You acknowledge and agree that we are not directly or indirectly liable for any damage or loss caused by or connected to the use of or reliance on any content, events, goods, or services available on or through such external sites, services, or resources. Any transactions or interactions you have with third parties while using the Website are solely between you and the third party. You agree that thearchivefootage.com is not liable for any costs, losses, or damages arising directly or indirectly from such transactions or any claims you may have against third parties.

Termination of Use

We reserve the right to terminate or restrict anyone’s access to or use of the Website, pre-paid credits or subscriptions at our sole discretion and without prior notice for any reason, including but not limited to the following:

  • Posting infringing or offensive Content, communication, or other Material to the Website
  • Violating any other provision of these Terms of Use

In such an event, you agree to immediately:

  • Cease using the Website, Previews, and Content Information
  • Delete all Previews, Content Information, other Materials, and their copies from digital media, files, folders, works, and storage devices

If we terminate or limit your access to the Website due to a breach of any agreement or reasonable cause, thearchivefootage.com is not obligated to refund any fees previously paid by you.

Services

In connection with the Website, we may offer services such as email notifications, Content and Preview downloading, and information publication. We strive to ensure the availability, correct functioning, and absence of malicious code (e.g., computer viruses) in these services. However, you agree to release and hold Dafactory di Daniele Carrer harmless for any damages arising from your use of the Website, including the unavailability, failure, or improper operation of these services.

The Website and Materials Provided “As Is”

The website, our services, and the materials are provided “as is” without any representation, warranty, or guarantee, express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, all of which are expressly disclaimed. We do not warrant that the website, our services, or any materials will meet your requirements or be uninterrupted or error-free. The entire risk as to the quality, performance, and use of the website, our services, and the materials lies with you.

Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have specific rights under this warranty, but additional rights may exist depending on your jurisdiction.

Limitation of Liability

Thearchivefootage.com, including us, our directors, officers, employees, partners shall not be liable to you or any other person or entity for any general, direct, punitive, special, indirect, exemplary, consequential, or incidental damages. This includes lost profits, costs, losses, or proceedings arising under these terms of use or resulting from your use of the website, our services, or any materials, even if we have been advised of the possibility of such damages. Such action may be based on contract, tort (including negligence), infringement of intellectual property rights, or otherwise. The fees for our services reflect and are set based on this allocation of risk and the limitations of liability stated in these terms of use.

Some jurisdictions may 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.

Notwithstanding anything else in these terms of use, the total maximum aggregate liability of Dafactory di Daniele Carrer under these terms of use, or the access or use of the site or any materials, shall be limited to one (€1) Euro or the amount stated in the Sales Agreement, if applicable, whichever is greater. This limitation applies even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold Dafactory di Daniele Carrer harmless against all claims or liability asserted against any of us arising out of or in connection with any breach of these Terms of Use by you or anyone acting on your behalf.

Claims of Intellectual Property Infringement or Other Rights Violated

Thearchivefootage.com values the importance of intellectual property. If you believe that your work has been copied, used, stored, transmitted, or displayed in a manner that constitutes copyright infringement or violation of your intellectual property rights, please notify us of your claim following the procedure outlined below.

We will thoroughly investigate and address notices of alleged infringement in accordance with applicable intellectual property laws. To submit a notification of claimed copyright infringement, please use our contact form.

To ensure the effectiveness of your notification, it should be provided in writing and include the following information:

  • A physical or electronic signature of the authorized person acting on behalf of the copyright or intellectual property owner
  • A description of the copyrighted work or intellectual property that you believe has been infringed
  • Sufficient details about the infringing material, including its location on the website, to enable us to locate it
  • Your address, telephone number, and email address
  • A statement from you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
  • A statement from you, under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on their behalf

Consent to Electronic Communications

By providing any information on the website, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically fulfill any legal requirement that such communications be in writing.

Miscellaneous Provisions

The parties involved in these Terms of Use are considered independent contractors. Nothing in these Terms of Use, the guidelines, policies, restrictions, and agreements on the website establishes a joint venture, partnership, employment relationship, franchise, or fiduciary relationship between the parties.

Waiving any default under these Terms of Use will not apply to any subsequent default, whether similar or not. Additionally, such waiver does not constitute a waiver of any other provision in these Terms of Use.

If any provision or portion thereof in these Terms of Use, or its application to any person or circumstance, is deemed invalid, illegal, or unenforceable to any extent, the remaining provisions and applications of these Terms of Use shall remain unaffected. The unenforceable provision or portion will be interpreted, to the fullest extent permitted by law, to give effect to the original intent of the parties or otherwise enforceable.

These Terms of Use will be interpreted according to the laws of Italy and the European Union without considering its choice of law provisions. Accessing and using the website, including entering into these Terms of Use, will be deemed to occur in Italy, European Union.

Any dispute related to these Terms of Use will be exclusively resolved in a court in Italy. Both parties waive any objections to the venue or inconvenience of the forum and the right to trial by jury in resolving such disputes. The parties consent to the jurisdiction of these courts.

If you are an individual, you represent that you are at least 18 years old and have the full authority to enter into these Terms of Use and engage in all activities conducted through the website.

If you breach any provision of these Terms of Use or any other referenced agreements or policies, and no action is taken, we retain the right to enforce our rights and remedies in any other situation where you breach these Terms of Use or any other agreement or policy.

Your obligations and our rights and remedies stated in these Terms of Use are cumulative and in addition to your obligations and our rights and remedies under applicable law or equity.

These Terms of Use supplement the Sales Agreement, the Privacy Policy, and the policies, guidelines, and restrictions found on the website.

Customer Support and Contact

If you have concerns regarding the website or these Terms of Use, or for more information about our website, marketplace, platform, or content, or if you need assistance with your account, please contact us.