Changes to Legal Terms
Content and Other Materials
Pond5 and its subsidiaries (collectively, "Affiliates" and together with Pond5, "we", "us" and possessives thereof) offer an on-line marketplace where people may submit and upload at the Website a variety of works, including film and video footage, music, sound effects, photographs, illustrations, animation, Flash files, templates, media project files and/or other audio, audio-visual, or visual works, whether generated optically, electronically, digitally or by any other means or in any media or other material (any and all of such works that are uploaded to the Website or otherwise submitted to us, individually and collectively, “Content”) so the same may be downloaded by and licensed to users, members, registrants and licensees of the Website.
No Content may be uploaded to the Website or otherwise submitted to us unless the person or entity doing so (a "Contributor") first agrees the Pond5 Contributor Agreement, as the same may be changed by us from time to time (the "Contributor Agreement"), and any and all Content uploaded to the Website or otherwise submitted to us is contributed to us on the terms and subject to the conditions of the Contributor Agreement.
Except as provided below under Evaluation Usage, no Content may be downloaded or otherwise copied from the Website, unless the person or entity doing so first agrees to the Pond5 Content License Agreement, as the same may be changed by us from time to time (the "License Agreement"), and any and all Content downloaded or copied from the Website is subject to and only may be downloaded and used on the terms and subject to the conditions and restrictions of the License Agreement.
All Content, Previews and other works, content and materials (including the organization and presentation of the foregoing) on the Website (the “Materials”) and copyrights and other intellectual property rights therein and thereto are the property of us and our licensors and are protected by copyright, trademark and other intellectual property laws. "Pond5" and "World's Stock Media Marketplace" are registered trademarks and "www.pond5.com" "media for makers" are trademarks of Pond5. The visual appearance of the Website is protected trade dress of Pond5 under 15 U.S.C. § 1125 et seq.
Unless you have entered into a separate written agreement with us, such as the License Agreement and as may be expressly permitted by said agreement, except as provided below under Evaluation Usage, any use of any of these Materials, including any modification, public display or performance, derivative use, exploitation or distribution, without our written permission is strictly prohibited. Copyright and other intellectual property notices or watermark on any Materials shall not be deleted or modified.
Use of the Website
We operate the Website as a service provider of an on-line marketplace, providing storage of materials on our systems or networks at the direction of Pond5's users.
You will not on or though the Website do any of the following:
- conduct any fraudulent, criminal offence or other unlawful activity;
- upload any Content that is illegal, offensive, abusive, indecent, defamatory, harassing or menacing;
- send or upload any communication, Content that infringes, misappropriates or violates anyone else's copyright, trademark, privacy, publicity or any other legal right;
- conduct any activity which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam";
- resell or make commercial use of the Website, any part thereof or, except as permitted by the License Agreement as related to Content downloaded thereunder, any Material;
- collect or use of any Content descriptions or information or prices, except (i) to view and evaluate for purchase of a license of the Content under the License Agreement or (ii) as permitted by the License Agreement as related to Content downloaded thereunder;
- download or copy any member, registrant or Content information for the benefit of another merchant or website except as necessary to utilize rights to downloaded Content pursuant to the License Agreement;
- use any data mining, robots or similar data gathering and extraction tools on or at the Website or use any other automated means to access the Website;
- frame or use framing techniques to enclose the Website or any part thereof or any Content or any trademark, logo, or other proprietary information (including images, text, page layout or form) of Pond5 or the Website without our express written consent;
- use any meta tags or any other "hidden text" utilizing any of our names or trademarks without our express written consent;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our servers or other infrastructure or use the Website in any way that causes, or is likely to cause, the Website or access to or use of it to be interrupted, damaged or impaired in any way;
- advertise products or services or solicit any user of the Website, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email; or
- exploit for any commercial purpose without our express written consent the Website, any part thereof except as necessary to utilize rights to downloaded Content pursuant to the License Agreement.
You agree that: (a) you will not share the user ID or password that you obtained or use in connection with your access to or use of the Website, an upload to the Website or a purchase of a license to Content from the Website (collectively “User Codes”) with any other person, (b) you will take all necessary actions to preserve the confidentiality of such User Codes, (c) you are responsible for all acts or omissions that occur under any User Code; and (d) you will immediately notify us in writing in the event that you learn that: (i) any such User Code is lost, stolen, or improperly disclosed to a third party; (ii) the authority or employment of any person provided with a User Code on your behalf has been or is about to be terminated; (iii) the confidentiality of any User Code has been compromised in any way; or (iv) you learn about a possible or actual unauthorized access to and/or use of the Website.
The Website may provide links or references to other sites, services and resources on the Internet, including payment processors. Pond5 has no control over such sites, services and resources and we are not responsible for and we do not endorse such sites, services and resources. You further acknowledge and agree that we will not be directly or indirectly responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that Pond5 is not liable for any loss or claim that you may have against any such third party.
Termination of Use
Privacy; Your Personal Data
By inputting any personal information on the Website or otherwise providing any personal information to us, you are consenting to your personal information being shared with and processed in the course of our business by (a) us and our Subsidiaries, which are located in various different countries, including the U.S., which provide varying and in some cases less privacy protection than your country, and (b) in some cases the Content User in case of questions about clearances or claims of infringement.
If you believe that your privacy rights (or the privacy rights of a minor of whom you are the parent or legal guardian) are violated by any Content or other Material on the Website, email us at email@example.com notice with the following information:
- a description of the material that you claim violates your (or if acting for a minor, the minor's) privacy rights or where it is located on the Website, with enough detail that we may find it on the Website;
- a description of how the material violates your (or if acting for a minor, the minor's) privacy rights;
- your (and if acting for a minor, the minor's) name, along with your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use has not been authorized and violates your (or if acting for a minor, the minor's) privacy and a representation that the information in the notice is true and correct.
We may provide services in connection with the Website, including email notifications, Content downloading and information publication. We will endeavor to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Pond5 for any damages arising out of your use of the Website, including the unavailability, failure or improper operation of services provided in connection with the Website.
You may incur fees for using certain services ("Fee-Based Services") provided by us. The fees for Fee-Based Services will be conspicuously posted, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay us all fees charged by us for Fee-Based Services you elect to access.
The Website and Materials Provided "As Is".
THE WEBSITE, OUR SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OUR SERVICES AND THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE WEBSITE, OUR SERVICES AND THE MATERIALS IS WITH YOU. 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.
Limitation of Liability
Claims of Intellectual Property Infringement or Other Rights Violated.
Pond5 respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at firstname.lastname@example.org, (Subject line: “Pond5 DMCA Takedown Request”). You may also contact us by email at email@example.com or mail at:
80 Fifth Avenue, 18th Floor
New York, NY 10011
To be effective, the notification must be in writing and contain the following information:
- an physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing or where it is located on the Website, with enough detail that we may find it on the Website;
- your address, telephone number and email address;
- a statement by 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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please keep in mind that if you knowingly make a false claim in a DMCA takedown notice, you could be subject to liability for damages, court costs and attorneys' fees under Federal law.
Consent to Electronic Communications.
By inputting any information on the Website, you are consenting to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.