Terms and Conditions
Please read these Terms and Conditions before purchasing. This Agreement licenses video programs and related material (“Content”) to you from Full Exposure Films (“Licensor”). By placing an order, the individual or entity named on invoice of sale (“Purchaser”) is confirming the understanding and acceptance of this Agreement and agrees to be bound by the terms of this Agreement.
General Terms
- The term of this Agreement shall commence on the date the Content is delivered to the Purchaser and shall continue for the life of the Content unless otherwise specified.
- Purchaser acknowledges that the Content may not be utilized in any manner other than as described herein. Content may not be sold, duplicated, broadcast, transmitted by cable, or otherwise disseminated on any multi-receiver or closed-circuit system, except as expressly permitted under the terms of this Agreement.
- Purchaser acknowledges that a Public Performance License or a Digital Site License are required for any public exhibition of the Content. Public exhibition refers to viewing of the Content in a venue other than a private home.
- Legal title to the Content and all rights therein (except those granted by this Agreement) are specifically reserved by the Licensor.
Physical DVDs
- The purchase of a physical DVD grants the user a license for private, in-home viewing of the Content.
- Purchase DOES NOT ALLOW for any public exhibition of the Content in a way that would require a Public Performance License (PPL) or a Digital Site License (DSL) as described in this Agreement.
Physical DVDs with Public Performance License (PPL)
- The purchase of a physical DVD with a Public Performance License (PPL) allows the Purchaser to screen the film an unlimited number of times, regardless of audience size or venue type, at a single location. In a college or university setting, a specific geographically unified campus counts as a single location. Other possible screening venues include community centers, public libraries, museums, government agencies, houses of worship, etc., at a single location.
- The DVD can be added to the collection of a lending library at the same location as the screening, for the private use of borrowers who typically are allowed access to the Purchaser’s resources.
- The license shall remain in effect in perpetuity.
- The purchase of a physical DVD with a Public Performance License DOES NOT ALLOW for the content to be uploaded, encoded, hosted, streamed on an online platform, or used for any purpose for which a Digital Site License would be required.
- Purchaser may not copy or convert the Content to any other analog or digital format, and may not produce digital DVD copies.
- The Public Performance License does not allow for any commercial use of the Content, including use in a theatrical setting in which admission is charged. It does not allow the Content to be used for fund raising purposes.
Digital File with Digital Site License (DSL)
- The purchase of a digital file with a Digital Site License (DSL) allows the Purchaser to upload, encode, host, and stream the Content via a password-protected institutional network (such as an institution’s private server or a learning management system such as Blackboard or Canvas) at a single, geographically unified school or campus, for personal viewing by authorized viewers. An authorized viewer is defined as a faculty member, student, or researcher typically allowed access to the Purchaser’s on-campus resources. This includes students who are enrolled in distance-learning classes offered by the specific campus.
- An unlimited number of plays of the Content are allowed during the life of the file format.
- The purchase of a digital file with a Digital Site License DOES NOT ALLOW the Purchaser to publicly broadcast the Content, uploaded it to the open Internet, offer it in a downloadable format to users, or make it available to the general public.
- The purchase of a DSL does not allow for sharing of the Content between two or more campuses, or with other institutions, individuals, classes or groups that are not specifically affiliated through employment or enrollment with the Purchaser.
- A DSL does not allow for group screenings in which a projection device is used to display the film, or any other situation in which a Public Performance License would be required.
Virtual Screenings
- The purchase of a Virtual Screening event gives the Purchaser access to a private, password-protected website hosted by the Licensor, from which individuals at the discretion of the Purchaser can view the Content online in a private environment. For virtual screenings, a private environment refers to a home or office setting.
- Licensor will make the Content available for a specific amount of time and a pre-determined number of views, as specified in the invoice of sale.
- The purchase of a Virtual Screening event DOES NOT ALLOW the Licensee to publicly broadcast the Content, uploaded it to the open Internet, offer it in a downloadable format to users, or disseminate it via a “screen share” application.
- The purchase of a Virtual Screening event does not allow for group screenings in which a projection device is used to display the film, or any other situation in which a Public Performance License would be required.
Miscellaneous
- This Agreement is expressly conditioned upon receipt of payment by Licensor of all applicable fees owed by Purchaser.
- Purchaser may not infringe on or violate the intellectual property, privacy, publicity, or other rights of third parties whose work is embodied in the Content, including the rights of any third parties in any sound recordings, musical compositions, photographs, artwork, literary creations, or other copyrightable works of any kind or nature.
- Purchaser agrees to provide adequate security for protection of Content from piracy, theft and any other misuse while Content is stored on systems controlled, owned, leased or otherwise contracted for use by the Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.
Governing Law
- These Terms of Use are governed by the laws of the United States. Any state or federal action arising out of this Agreement shall be brought in New York, or any other state or federal district court having jurisdiction to hear any dispute arising out of this Agreement.
- These Terms and Conditions constitute the complete agreement of the parties and supersede any prior written or oral agreement. No change, amendment or modification of any provision of these Terms of Use shall be valid unless set forth in a written instrument signed by the party subject to enforcement of such amendment.