Terms of Service | Fellscapes

Dear Fellscapes Customer:

The following Terms of Service (“TOS”) is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) with Fellscapes and sets forth the rights and obligations with respect to any Content licensed by you. By entering into this TOS, you verify that your country of residence is the same as your billing address.

Please revisit this TOS when you purchase any Content licenses. Fellscapes reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Fellscapes will issue an announcement on the website. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound the TOS as modified.

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT.

If you require access and usage rights for more than one natural person, please contact us at info@fellscapes.com. For clarity, if a user is acting in an employment capacity, the employer will be deemed the licensee for the purposes of the license.

“Content” means all content available for license from Fellscapes website, including Images and Footage (as defined herein.)
“Footage” means any moving images, films, videos or other audio/visual representations excluding still images, recorded in any format.
“Image(s)” means still photographs, vectors, drawings, graphics, and the like.
“Visual Content” shall refer collectively to Images and Footage.

PART I – VISUAL CONTENT LICENSES

Fellscapes hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
1. IMAGE LICENSES
  1. A STANDARD IMAGE LICENSE grants you the right to use Images:
    1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth below);
    2. Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD, DVD and Blu-Ray cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
    3. As part of an “Out-of-Home” advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions.
    4. Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed EUR €10,000;
    5. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
  2. AN ENHANCED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):
    1. In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
    2. Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
    3. In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
    4. Incorporated as elements of digital templates for sale or distribution.
  3. If the Standard or Enhanced Image licenses do not grant the rights you require please contact us.
2. FOOTAGE LICENSES
  1. A FOOTAGE USE LICENSE grants you the right to use Footage:
    1. in a multi-media production displayed or distributed via the web, on social media, using so-called “Apps”, or as otherwise disseminated in accordance herewith (see restrictions for distribution limitations), provided the audience for such production does not exceed 500,000;
    2. in connection with a live performance, provided the audience for all such performances does not exceed 500,000 people;
    3. on websites.
  2. If the Footage Use License does not grant the rights you require, please contact us.
  3. A FOOTAGE COMP LICENSE grants you the right to use watermarked, low resolution Footage as a comp (the “Comp Footage”) solely in test, sample, comp, or rough cut evaluation materials. Footage Comp Licenses do not permit you to display or distribute to the public or incorporate into any final materials any such Footage. Comp Footage can be edited, but you may not remove or alter the Fellscapes watermark. Comp Footage is available to license under the Footage Use License at the time it is downloaded as Comp Footage, but Fellscapes makes no guarantees and shall have no obligation to ensure that Comp Footage will be available for license at any time thereafter.

PART II – RESTRICTIONS ON USE OF VISUAL CONTENT

YOU MAY NOT
1. Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
2. Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
3. Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
4. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
5. Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
6. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
7. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
RESTRICTIONS SPECIFIC TO FOOTAGE
1. Use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters.
2. Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
CREDIT AND COPYRIGHT NOTICES
1. The use of Images and Footage in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied by an adjacent credit to the Fellscapes contributor and to Fellscapesk in substantially the following form:
  “fellscapes.com”
2. If and where commercially reasonable, the use of Images or Footage in Merchandise or an audio-visual production shall be accompanied by a credit to Fellscapes in substantially the following form:
  “Image(s) or Footage (as applicable), used under license from fellscapes.com”
3. Credit attributions are not required in connection with any other use of Footage or Images unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.
4. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

PART III – WARRANTIES AND REPRESENTATIONS

Fellscapes warrants and represents that:
1. Fellscapes’s contributors have granted Fellscapes all necessary rights in and to the Content to grant the rights set forth in Part I or Part II as applicable.
2. Footage and Images in its original unaltered form and used in full compliance with this TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) be defamatory, libelous, pornographic or obscene.
While Fellscapes makes commercially reasonable efforts to ensure the accuracy of tags and descriptions, FELLSCAPES MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) TAGS, TITLES OR DESCRIPTIONS; OR II) AUDIO IN FOOTAGE. For the sake of clarity, Fellscapes will not indemnify or have any liability in respect of any claims arising from inaccurate tags, titles or descriptions, any audio in Footage.
FELLSCAPES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.

PART IV – ADDITIONAL TERMS

Except when required by law, Fellscapes shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize Fellscapes to charge you all subscription fees for the duration of the term ie. Download Period agreed to at the time of purchase. In the event that Fellscapes determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to Fellscapes, provided that you have not yet downloaded or licensed any Visual Content, Fellscapes will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact us at info@fellscapes.com.
Following the expiration of your All Access Pass-subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal on My Account-page. You expressly grant Fellscapes the right to charge you for each automatic renewal until you timely disable automatic renewal.
If Fellscapes is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Fellscapes or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
“Non-transferable” as used herein means that except as specifically provided in this TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Fellscapes of each such social media website’s use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email at info@fellscapes.com.
Upon notice from Fellscapes or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Fellscapes may be liable, or if Fellscapes removes any Content due to perceived business risk as determined in Fellscapes’ reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Fellscapes shall provide you with comparable Content (which comparability will be determined by Fellscapes in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS.
The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month.
Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.
It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
In the event that you breach any of the terms of this or any other agreement with Fellscapes, Fellscapes shall have the right to terminate your account without further notice, in addition to Fellscapes’ other rights at law and/or equity. Fellscapes shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
Fellscapes does not warrant that the Content, Fellscapes website, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.
Fellscapes contracting party:Govus Oy
Alppitie 12, 90530 Oulu, Finland

EFFECTIVE DATE: October 29, 2020