This ISEBOX site (“Site”) permits you to browse through clips, videos, images and other content (collectively “Content”) created and/or owned by the Bill & Melinda Gates Foundation (the “Foundation”) or third parties (collectively “Content Providers”).
The following terms and conditions govern your access and use of Content provided through this Site by the Foundation and constitutes a binding agreement between you and the Foundation. “You” for purposes of this Agreement is either the individual downloading or receiving the Content or, if you are entering into this Agreement on behalf of or for the benefit of your employer, or as an agent for a principal, then such employer or principal as well. By obtaining or using the content from the Foundation, you agree to be bound by and comply with the terms of this agreement (“Agreement”).
Subject to the terms of this Agreement, You may access, use, copy and distribute the Content, solely for a one-time, editorial use. Unless otherwise restricted as described in additional terms that may be associated with the Content, such Content may be (a) reproduced either in its entirety or in excerpted form and be used for editorial use within Your editorial products (i.e., video news stories, print articles etc.) and (b) transmitted, distributed, publicly performed and displayed anywhere in the world as part of Your editorial products by Internet, satellite or other means of distribution (whether now known or hereinafter developed), including broadcast, cablecast, microwave, web cast, display in web content, radio, print or other information distribution systems. Content may not be stored in any temporary or permanent database or storage system for future use or other purposes except as incorporated into editorial products for archival purposes.
Your rights to use the Content are not transferable, except the Content may be transferred as embedded in an editorial product as part of your normal distribution of your editorial products.
You may not use any Content for promotion or advertising of any product or service other than the editorial product into which the Content is incorporated.
You may not use any Content as part of a charitable solicitation or request for donations.
You may not sell the Content or otherwise distribute it for a fee. Your right to use the Content is non-transferable, and may not be traded, sublicensed, sold or otherwise transferred, except that the Content may be transferred as part of normal distribution of the editorial product.
This is a single use license; any future use will require separate permission.
All Content is © Bill & Melinda Gates Foundation, all rights reserved, unless otherwise noted, and you may not remove any copyright notice or other intellectual property notices associated with the Content.
Content may not be used for any pornographic use, unlawful purpose, to defame any person, or to violate any person’s right of privacy, publicity or moral rights.
No substantial modification or retouching of Content consisting of videos or images is permitted. Special ethical considerations apply to editorial and news Content. You may use photography in its most natural, authentic state: full-color or grayscale, with little to no retouching. You may not apply artistic filters, colors, patterns or textures to images. Acceptable third-party retouching includes slight adjustment overall for technical quality or color/tonal consistency within or across a series of images. You may not retouch a person, his or her clothes, accessories, or personal items in the frame (e.g. mugs, water bottles, food). You may not move, add, delete, combine, alter, flip or stretch people or objects in an image. Cropping is acceptable as long as the photographer’s intent and subjects’ experiences are not substantially altered with the crop.
You may not remove any copyright or other intellectual property notices contained in the Content. You agree to attribute credit to the Foundation (or designated content provider).
No model releases or other rights clearances have been obtained for any Content unless specified. You can contact the Foundation directly to obtain a copy of a model release and/or property release, however, such release may be redacted to remove certain personally identifiable information. Delivery of an existing release (upon request) by the Foundation to you does not warrant validity of such release. You acknowledge that the Foundation gives no representation warranty, or guarantee that any rights, releases or consents which are desirable or necessary for reproduction have been obtained with respect to use of names, people, intellectual property rights or any underlying works of whatever nature depicted in any Content or that any waivers of any moral rights have been obtained. You must satisfy yourself that all necessary rights, model releases or consents and waivers as may be required or desirable or necessary for reproduction of the Content are obtained.
You are solely responsible for obtaining any releases and clearances as may be required, including without limitation (a) rights from any representative guild union, professional organization or other authorized representative and (b) if any music is included in the Content, master use, synchronization and performance license from the copyright proprietors of the applicable master recordings and compositions and such other entities as may own or control the performing rights.
The Foundation reserves the right to immediately terminate your use of the Content in its discretion, including in the event the Foundation determines that your conduct is unacceptable or in the event you breach this Agreement.
You agree to indemnify, defend and hold harmless the Foundation from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of the Content or any breach or alleged breach by you of this Agreement. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
ALL CONTENT IS PROVIDED BY THE FOUNDATION “AS IS” WITHOUT ANY WARRANTY OR CONDITION AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. ALSO, THE FOUNDATION MAKES NO WARRANTY OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES:
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT THE FOUNDATION AND ITS CONTENT PROVIDERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
EXCLUSIVE REMEDY; DAMAGE LIMITATION:
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY THE FOUNDATION (AND ITS CONTENT PROVIDERS) FOR ANY REASON RELATING TO THE CONTENT OR ANY PART OF THE COMPLETE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT CAUSING YOUR DAMAGE (IF ANY); OR (B) THE AMOUNT OF YOUR DAMAGES THAT ARE NOT EXCLUDED IN THE PRECEDING SECTION AND WHICH YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT WILL BE THE LESSER OF THE AMOUNT YOU ACTUALLY PAID US FOR THE ITEM CAUSING THE DAMAGE (IF ANY) OR THE AMOUNT OF SAID DAMAGES SO INCURRED, HOWEVER, IN NO EVENT WILL SUCH AMOUNT EXCEED $1000.00. The damage exclusions and limitations in this Agreement are independent and will apply even if any remedy fails of its essential purpose.
This Agreement is governed by the laws of the State of Washington, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in King County, Washington, U.S.A. except to the extent you are prohibited from doing so by a Mandate.