Terms and Conditions

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Mala’e Productions Royalty Free, Rights-Managed License Agreement, and Website usage terms.

For purposes of this Agreement Mala’e Productions shall be referred to herein as “Mala’e Productions” “ or “We” or “Licensor”, and you, the user who establishes or accesses a connection for access to and uses the Mala’e Productions website or services, shall be referred to herein as “You” or “User” or ‘Licensee”. All forms of digital media including, photo’s, video, audio, and web-related material may be referred to herein as “media” or “products”. Please read these terms and conditions carefully before using the Mala’e Productions Site. This Agreement, which constitutes a legal agreement between you and Mala’e Productions and incorporates by reference other provisions applicable to the Mala’e Productions site, and sets forth the terms and conditions that apply to your use of the Mala’e Productions site. By using the Mala’e Productions site, you signify your agreement to these terms of use. If you do not agree to these terms of use, than do not use the Mala’e Productions website, related media or services. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms and conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by posting on the Mala’e Productions site or by electronic or conventional mail. Please check these Terms of Use periodically for any changes. Any use of the Mala’e Productions site following such notice shall be deemed to constitute your acceptance and agreement of such changes, modifications or additions. BY PURCHASING, REQUESTING, OR ACCEPTING ANY MALA’E PRODUCTIONS PRODUCTS, IN ANY FORM WHETHER VIA DOWNLOAD, ON DVD ROM, CD ROM OR OTHER MEDIA, YOU (“LICENSEE”) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT. Liability MALA’E PRODUCTIONS AND ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO WARRANTY THAT (I) MALA’E PRODUCTIONS SITE SHALL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF VIRUSES (II) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MALA’E PRODUCTIONS SITE SHALL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, LICENSED OR OBTAINED BY YOU THROUGH THE MALA’E PRODUCTIONS SITE SHALL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE OR ON THE MALA’E PRODUCTIONS SITE SHALL BE CORRECTED. NO ADVICE OR ORAL INFORMATION OBTAINED BY YOU FROM MALA’E PRODUCTIONS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL OFFICIAL QUOTES AND CONTRACTS WILL BE IN WRITTEN FORM, AND UNTIL PAYMENT IS MADE AMENDMENTS AND CHANGES TO PRICES AND/OR CONTRACTS MAY BE CHANGED AT THE SOLE DISCRETION OF MALA’E PRODUCTIONS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, MODIFICATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO CIRCUMSTANCE WILL MALA’E PRODUCTIONS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY OF THE MALA’E PRODUCTIONS MEDIA AND/OR SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE THE MALA’E PRODUCTIONS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ANY OF MALA’E PRODUCTIONS SITE. NO MATERIAL FROM ANY MALA’E PRODUCTIONS, OR AFFILIATED SITE, MAY BE COPIED, REPRODUCED, REPUBLISHED, MODIFIED, UPLOADED, POSTED, TRANSMITTED, DISTRIBUTED OR IN ANY WAY EXPLOITED, WITHOUT THE CONSENT OF MALA’E PRODUCTIONS. AFTER SUCH CONSENT THE MATERIAL IS SUBJECT TO THE LIMITATIONS WITHIN THIS AGREEMENT.

LICENSOR’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE NO MORE THAN THE AMOUNT PAID FOR THE PARTICULAR DIGITAL MEDIA FILES. RIGHTS MAY VARY FROM STATE TO STATE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mala’e Productions its affiliates and respective directors, officers, employees, third-party content providers and licensors from and against all claims and expenses (including reasonable attorneys’ fees and disbursements) arising out of your use of the the Mala’e Productions site. This provision will survive termination of this Agreement.

JURISDICTIONAL ISSUES
We make no representations that content on the Mala’e Productions site are appropriate or available for use in any particular location. Those who do choose to access the Mala’e Productions Site do so on their own initiative and are responsible for compliance with local laws. No software from this site may be downloaded or otherwise exported or re-exported (I) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (II) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

Breach of Agreement
You agree to indemnify and hold Mala’e Productions harmless from and against any damages or liability of any kind arising from your use of the Digital Media Files in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. All license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement.

Enforceability If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

Venue
This Agreement will be governed by the laws in force in the State of Hawaii, USA.

Definitions of Following Terms
The “Digital Media Files”, or “Media” or “Files” or “Clips” are any images, clips, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from Mala’e Productions.

Grant Of License-Rights Managed
Upon use of the Digital Media Files, you are granted a non-exclusive, non-transferable single use license (the license is not Royalty-Free. Multiple uses and/or inclusions in other projects beyond those expressly granted by the initial purchase require the written consent of Mala’e Productions. Although we have never rejected any requests purchasing additional means of use to the original purchase, we make no guarantees that additional licensing beyond the scope of the original license will be granted. All licensing fees to use and modify the Digital Media Files are subject to the following terms and conditions:

The Digital Media Files may only be modified or used in unmodified form by the purchaser and/or the purchaser’s employees. You may not rent, lease, lend, sell or sublicense the Digital Media Files to another person, company or other entity. Unless otherwise stated the license is exclusively for a single project, and strictly for use in the manners stated in the final sales contract. Please note that in order to obtain additional rights to an existing license you must first contact Mala’e Productions.

Retail Products
Copies of works (DVDs, Home Videos, Music Videos, Training Videos, etc.) incorporating the Digital Media Files may be reproduced, sold and distributed with the following limitations: The Digital Media Files may not comprise more than 25% (by length or number) of the total imagery used in the finished work, nor may the primary value of the product come from the Digital Media Files. Additionally, you agree to take all steps necessary and put forth your best effort to prevent any third party from duplicating or distributing any of the Digital Media Files included in the finished work. In addition, Mala’e Productions respectfully requests a credit line that reads "Mala’e Productions-Stock Video” and/or the name of the originator of the video.

Marketing and Promotion Unless Mala’e Productions receives written notification from you to the contrary, you hereby grant Mala’e Productions the right to display any derivative works and/or the titles of such works, that incorporate one or more of the Digital Media Files purchased from Mala’e Productions, as examples of customer usage. Special Limitations The Mala’e Productions Digital Media Files may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material. Mala’e Productions grants no rights and makes no Warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

Copyright
All Digital Media Files are copyrighted by Mala’e Productions its subsidiaries or its licensors and are protected by United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights associated with the Digital Media Files is transferred to you. Mala’e Productions Retains all rights not expressly granted by this license Agreement.

Warranty
Mala’e Productions warrants The Digital Media Files to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of The Digital Media Files, applicable media or a refund of the purchase price, at the option of Mala’e Productions.