Terms of use

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1. Terms of Use

THE TERMS AND CONDITIONS OF USE SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE AND SET THE TERMS FOR A LEGAL CONTRACT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (“YOU” OR “YOUR”) AND CATCH&RELEASE, INC. (“CATCH&RELEASE”, “We” or “Us” or “Our”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE WEBSITE LOCATED AT https://www.catchandrelease.com AND ANY SERVICES PROVIDED BY OR ON BEHALF OF CATCH&RELEASE THROUGH SUCH WEBSITE (SUCH SERVICES AND SUCH WEBSITE, COLLECTIVELY THE “WEBSITE”), EXCEPT FOR THE CATCH&RELEASE LICENSING PLATFORM™ (THE PLATFORM”). FOR CLARITY, THESE TERMS DO NOT APPLY TO YOUR USE OF THE PLATFORM, AND YOUR USE OF SUCH PLATFORM SHALL BE SUBJECT TO SEPARATE TERMS OF USE, WHETHER WRITTEN OR CLICK-THROUGH, BETWEEN YOU AND CATCH&RELEASE.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY INFORMATION CONTAINED ON THE WEBSITE. BY CLICKING THE “I ACCEPT” BUTTON OR OTHERWISE USING THE WEBSITE, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CATCH&RELEASE MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE WEBSITE AT ANY TIME. CATCH&RELEASE CAN MAKE MODIFICATIONS, DELETIONS AND/OR ADDITIONS (“CHANGES”) TO THESE TERMS AT ANY TIME. Changes will be effective: (i) thirty (30) days after CATCH&RELEASE provides notice of the Changes, whether such notice is provided through the WEBSITE user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you “opt-in” or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. IF ANY MODIFICATION TO THESE TERMS IS UNACCEPTABLE TO YOU, PLEASE CEASE USING THE WEBSITE. IF YOU DO NOT CEASE USING THE WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE UPDATED TERMS.

Please read these Terms carefully, as they (among other things) provide that You and Catch&Release will arbitrate certain claims instead of going to court and that You will not bring class action claims against Catch&Release.

2. Note for Children

Use of the Website by anyone under the age of 13 is prohibited. By using the Website, You represent and warrant that You are at least 13 years of age.

3. Privacy Policy

Catch&Release's Privacy Policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information by Catch&Release in connection with the Website. The Privacy Policy, as may be updated by Catch&Release from time to time in accordance with its terms, is hereby incorporated into these Terms, and You hereby agree to the collection, use and disclosure practices set forth therein. View the Privacy Policy here.

4. The Platform; Other Services

The Platform allows registered customers to (a) organize content found by You and/or Catch&Release; (b) collaborate with internal and external work terms; request clearances and licenses; and (c) manage shot states and workflows. Catch&Release also performs search, curation, clearance and license and procurement services to customers under separate agreements. Your use of the Platform and other services available through or in connection with the Platform, is governed by such separate agreement or separate Terms of Service, and not by these Terms.

5. Links to Third-Party Sites

"Catch&Release's Website and Platform may be linked to other third-parties' sites that are not managed by Catch&Release. Catch&Release provides these third-party links to You only as a convenience, and Catch&Release is not responsible and shall have no liability for such linked sites, including, without limitation, the content, products, services or links displayed on such third-party sites or Your use of or interaction with such sites. More specifically, Catch&Release's Platform has an application programming interface (“API”) with YouTube's website. If you access YouTube's website through the Catch&Release Platform, You agree to YouTube's Terms of Service, Google's Privacy Policy (see also Google's Security Setting Page). If you do not agree to be bound by YouTube's Terms of Service and Google's Privacy Policy, do not access YouTube's Website through the Catch&Release Platform."

6. Unauthorized Activities

As a condition of Your use of the Website, You will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree not to scrape or otherwise use automated means to access or gather information from the Website, and agree not to bypass any robot exclusion measures we may put into place.

7. Proprietary Rights

Catch&Release® and our related logo are registered trademarks of Catch&Release in the United States. Other trademarks, names and logos on the Website are the property of their respective owners.

Unless otherwise specified in these Terms or in connection with the applicable content, as between You and Catch&Release, Catch&Release owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Website and all usage and other data generated or collected in connection with the use thereof (the “Catch&Release Materials”). Except for as expressly set forth herein, You agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Catch&Release Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Catch&Release Materials. Catch&Release reserves the right to modify or discontinue the Website or any version(s) thereof at any time in its sole discretion, with or without notice.

8. Additional Terms

When You use certain features or materials on the Website, or participate in a particular promotion, event or contest through the Website, such use or participation may be subject to additional terms and conditions posted on the Website. Such additional terms and conditions are hereby incorporated within these Terms, and You agree to comply with such additional terms and conditions with respect to such use or participation.

9. Termination

You agree that Catch&Release, in its sole discretion and for any or no reason, may terminate these Terms or Your use of the Website, at any time and without notice. Catch&Release may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that Catch&Release shall not be liable to You or any third-party for any such termination. The “Links to Third-Party Sites”, “Unauthorized Activities”, “Proprietary Rights”, “Additional Terms”, “Termination”, “Disclaimer of Warranties”, “Limitation of Liability”, “Arbitration” and “General” Sections will survive any termination of these Terms.

10. Disclaimer of Warranties

Catch&Release does not guarantee that the Catch&Release Materials will meet Your specifications, needs or purposes. Your use of the Website is at Your own risk. The Catch&Release Materials, may include inaccuracies or other errors. Catch&Release does not warrant to the accuracy, availability or timeliness of the Catch&Release Materials or the Website. Catch&Release has no liability for any errors or omissions in the Catch&Release Materials or the Website, whether provided by Catch&Release or third parties.

CATCH&RELEASE, FOR ITSELF AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE WEBSITE, THE OFFERINGS PROVIDED THROUGH THE WEBSITE OR ANY CATCH&RELEASE MATERIALS RELATING TO THEIR QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS AND/OR THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE CATCH&RELEASE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CATCH&RELEASE AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. Indemnification

You agree to indemnify and hold Catch&Release and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney's fees, (any of the foregoing, a “Claim”) arising out of or relating to Your use or misuse of the Website, breach of these Terms or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate You to the extent the Claim arises out of Catch&Release's willful misconduct or gross negligence. Catch&Release reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CATCH&RELEASE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR CLAIMS (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, EVEN IF CATCH&RELEASE OR A CATCH&RELEASE AUTHORIZED REPRESENTATIVE HAS BEEN INFORMED THERE IS A POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE CATCH&RELEASE'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF CATCH&RELEASE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, CUMULATIVELY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED U.S. DOLLARS ($100 USD).

13. Arbitration

Agreement to Arbitrate. This “Arbitration” Section is referred to herein as the “Arbitration Agreement.” The parties agree that any and all controversies, claims, or disputes between You and Catch&Release arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions above. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Catch&Release.

Venue. The arbitration shall be held in San Francisco, California or at another mutually agreed location. If the value of the relief sought is ten thousand U.S. Dollars ($10,000 USD) or less, You or Catch&Release may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.

Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Website users, but is bound by rulings in prior arbitrations involving You to the extent required by applicable law.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorneys' fees.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

Severability. If a court decides that any term or provision of this Arbitration Agreement other than the Class Action Waiver is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the Class Action Waiver is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.

14. General

California law, and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Website will be heard in the courts located in California. You agree that any action at law or in equity arising out of or relating to these Terms or the Website that is not subject to the Arbitration Agreement shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Catch&Release without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by Catch&Release as set forth herein.

15. Takedown Procedure

Catch&Release, Inc. respects the intellectual property rights of others. We will respond to specific claims of copyright infringement by intellectual property owners or their approved agents provided that sufficient information is given.

Please provide a specific description of each claimed infringing instance and what work it infringes. You can provide details at our on-line submission page.

In addition, Catch&Release, Inc. complies with the provisions of the United States Digital Millennium Copyright Act(DMCA) of 1998. If you have a concern regarding the use of copyrighted material published as part of Catch&Release, Inc.’s content licensing processes or on any of our sites, please contact the agent filed below to respond to reports alleging copyright infringement:

Email address of designated agent: businessaffairs@catchandrelease.com

Address of Service Provider: 2443 Fillmore Street, #380-1738, San Francisco, CA 94115

Name of Agent Designated to Receive Notification of Claimed Infringement: Business Affairs Department

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and, as per Title II Section 202 (c)(3), must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. Repeat Infringer Policy

Catch&Release, Inc. is committed to protecting the intellectual property rights of content creators and copyright holders. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Catch&Release, Inc. has implemented a policy that provides for the termination, in appropriate circumstances, of users or account holders who are repeat infringers of the copyrights of others.

Policy Overview:

Identification of Repeat Infringers:

A repeat infringer is defined as a user who has been found to have infringed on copyright-protected material on multiple occasions. This determination is made based on the number of valid DMCA takedown notices or other infringement claims received by Catch&Release, Inc..

Notification and Warning:

Upon receipt of a valid DMCA takedown notice or other credible copyright infringement claim, Catch&Release, Inc. will promptly notify the user associated with the allegedly infringing content. The user may have the opportunity to file a counter-notification if they believe the claim is incorrect.

Account Termination:

If a user is identified as a repeat infringer, Catch&Release, Inc. reserves the right to terminate their account and/or remove their ability to upload content to our platform.

Protection of Rights:

Catch&Release, Inc. respects the rights of copyright holders and will continue to take necessary actions to protect these rights, including cooperation with law enforcement and other relevant authorities where appropriate.

By using the Catch&Release, Inc. platform, you agree to comply with this Repeat Copyright Infringement Policy. This policy is subject to change at any time, and continued use of the platform after changes have been made constitutes acceptance of those changes.

If you have any questions about this policy or need to report an infringement, please can submit a claim via our on-line submission page and/or contact us at C+R Business Affairs.

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