Terms of Use

The following terms of use (“Terms of Use”) govern your access to and use of the Site (as defined below).

In these Terms of Use “Site” means the www.platebank.com web sites and any other website of PLATEBANK (as defined below) and PLATEBANK affiliates, any and all content, material and information presented on the web sites as well as any and all functionalities of the web sites. In connection with the Site PLATEBANK may also provide certain software, programmes and applications intended e.g. for the upload and/or download of Content (as defined below) to or from the Site and management of other Content related transactions on the Site (“Applications”). The Applications form a part of the functionality of the Site.

The Site is provided and operated by PLATEBANK B.V. (Chamber of Commerce number: 64443507), a company duly incorporated and existing under the laws of the Netherlands and having its principal place of business at Van Beuningenstraat 155 A, 1051XN Amsterdam, the Netherlands ("PLATEBANK” or “we” or “us”). PLATEBANK is a subsidiary of Platebank Oy, (Business ID: 2647197-8), a company duly incorporated and existing under the laws of Finland and having its principal place of business at Kulosaaren puistotie 38 A 7, 00570 Helsinki, Finland, who is the owner of the Site.

Please read these Terms of Use carefully before accessing or using the Site as they govern the contractual relationship between PLATEBANK and you or other person, company or other legal entity on behalf of which you are accessing or using the Site (“you”). You accept and agree to be bound by these Terms of Use when you access or use the Site, or as the case may be, when you confirm your acceptance by clicking “I agree” or “I accept” or otherwise conform your acceptance to these Terms of Use.

If you do not agree to these Terms of Use or if you do not have full legal authorisation to bind yourself or the other person, company or other legal entity on behalf of which you are acting to these Terms of Use do not access or use the Site.

The access to or use of specific areas or parts of the Site may be subject to additional terms and conditions. You will be requested to accept such additional terms and conditions before accessing or using such area or part of the Site.

If you have any questions regarding the Site or these Terms of Use please contact us at the address below:

PLATEBANK B.V.
Chamber of Commerce number: 64443507
Address: Van Beuningenstraat 155 A, 1051XN Amsterdam, the Netherlands
Email: info@platebank.com
www.platebank.com

1. Use of the site

PLATEBANK provides and operates the Site for the purpose of providing a stock video library for professional film makers. The Site is intended for the use of customers and prospective customers of PLATEBANK. You may access and use the Site to make use of such area or part of the Site to which you have been provided an access or to collect further information about PLATEBANK. As part of these Terms of Use you undertake that you are a genuine visitor to or user of the Site and that your actions are in good faith.

You may access and use the Site only for lawful purposes and in accordance with these Terms of Use, other agreements concluded with PLATEBANK as well as PLATEBANK´s procedures, guidelines, policies and restrictions outlined on the Site.

When accessing or using the Site you may not:

(i) conduct any fraudulent or unlawful activity or criminal offence;

(ii) send, post or upload any content, material or information that is illegal, offensive, abusive, indecent, defamatory, harassing or menacing;

(iii) send, post or upload any content, material or information that infringes, misappropriates or violates anyone else's copyright, trademark, privacy, publicity or any other legal right;

(iv) conduct any activity which consists of or contains software viruses, other malicious codes, mass mailings or any form of spam; or

(v) collect, use, resell, make commercial use of or exploit the Site or any content, material or information presented on it, excluding however such use that is explicitly permitted by these Terms of Use or other agreement concluded with PLATEBANK.

You are always responsible for the content, material and information you provide when accessing or using the Site and you may be held liable if you provide any false, misleading, offensive or unlawful content, material or information. PLATEBANK reserves the right, in its sole discretion, to delete, remove or modify any content, material or information provided by users for any reason and without prior notice.

PLATEBANK has the right to update, revise, modify or delete any area or part of the Site, including but not limited to, any of the content, material or information presented on the Site or any functionality of the Site, for any reason and without prior notice. The same applies to PLATEBANK´s procedures, guidelines, policies and restrictions outlined on the Site.

2. Security of the site

You are prohibited from hacking or attempting to hack into the Site by using a device, programme or process or in any other manner to disrupt or attempt to disrupt the security or service of the Site. This prohibition includes, but is not limited to, the following:

(i) attempting to access content, material or information which is not intended for you or logging into an area or part of the Site for which you have no access rights;

(ii) testing the vulnerability of the system or network, or attempting to scan, test or otherwise bypass safety measures without proper rights; and

(iii) attempting to disrupt the Site for any user, administrator or network or attempting to disturb the functionality or accessibility of the Site.

You are prohibited from risking the security of the Site in any manner. While accessing or using the Site you are further prohibited from:

(iv) using any data mining, robots or similar data gathering and extraction tools or using any other automated means;

(v) framing or using framing techniques to enclose the Site or any content, material or information, or any trademark, logo or other proprietary information (including images, text, page layout or form) without PLATEBANK´s explicit prior written consent;

(vi) using any meta tags or any other hidden text utilizing any of PLATEBANK´s names or trademarks without PLATEBANK´s express prior written consent; or

(vii) taking any action that imposes, or may impose, in PLATEBANK´s sole discretion, an unreasonable or disproportionately large load on PLATEBANK´s servers, computer systems or other infrastructure or accessing or using the Site in any way that may cause the Site to be interrupted, damaged or impaired.

3. Registration and accounts

You may access and use the public areas and parts of the Site without registering as a user. PLATEBANK shall use and save certain data concerning the use and users of public areas and parts of the Site for compilation of statistics and for research and development purposes.

Certain areas and parts of the Site require that you register as a user and provide your personal data and/or data concerning the other person, company or legal entity on behalf of which you access or use the Site. The registered users are identified by PLATEBANK by user identifications and corresponding passwords.

The collection and use of personal and non-personal data and use of cookies on the Site is subject to Privacy Policy. Please refer to it for further information.

When registering as a user and requesting PLATEBANK to set up a user account you agree to provide true and complete information in accordance with the account set up procedures, guidelines, policies and restrictions outlined on the Site. PLATEBANK has the right, in its sole discretion, to refuse to establish a user account.

Any user identification and password you are granted by PLATEBANK or which you register in connection with your user account is for your personal use only. You are not allowed to share your user identification or password with any third party. You are responsible for all acts or omissions that occur in conjunction with your user identification and password and you are required to take all necessary actions to preserve their confidentiality. Furthermore, you must immediately notify PLATEBANK in writing if:

(i) your user identification or password is lost, stolen or improperly disclosed to a third party;

(ii) the confidentiality of your user identification or password has been compromised in any way;

(iii) a possible or actual unauthorized access to or use of the Site under your user identification or password occurs; or

(iv) the authority of any person provided with a your user identification or password on your behalf is terminated.

4. Submission and licensing of content

The stock video library content PLATEBANK makes available on the Site consists of a variety of film and video footage and animation, and, as the case may be, of other audio, visual, audiovisual or digital media works, whether generated optically, electronically, digitally or by any other means or in any media, to be used in the commercial or editorial productions of PLATEBANK´s customers (any and all of such works individually and collectively “Content”).

Content may be submitted to PLATEBANK by uploading it on to the Site by users who have been registered as contributors by PLATEBANK and who have agreed to the provisions of the Content Contributor Agreement. You may not upload any Content (or attempt to do the same) onto the Site without first agreeing to the Content Contributor Agreement. Any and all Content uploaded onto the Site shall be subject to the Content Contributor Agreement. Please note that the Content Contributor Agreement may be amended by PLATEBANK, in its sole discretion, from time to time and therefore it is advisable to frequently check the Content Contributor Agreement for any changes.

Content may be downloaded from the Site by registered users who have been registered as licensees by PLATEBANK and who have agreed to the provisions of the Content License Agreement. Except as may permitted by the Preview Usage (as defined below) you may not download any Content (or attempt to do the same) unless you first agree to the Content License Agreement. All use of the Content downloaded from the Site is subject to Content License Agreement (except for the use permitted by the Preview Usage). Please note that the Content License Agreement may be amended by PLATEBANK, in its sole discretion, from time to time and therefore it is advisable to frequently check the Content License Agreement for any changes.

PLATEBANK may offer an opportunity to preview the Content in accordance with these Terms of Use. In case a preview functionality is made available on the Site, you may download and use a watermarked preview version of the Content (“Preview”) and the technical, commercial, legal and other information related to such Content (“Content Information”) without first agreeing to the Content License Agreement (“Preview Usage”). The Preview Usage is intended only for the purpose of evaluating whether you wish to purchase a license to the Content under the Content License Agreement. You may use any Preview or Content Information for evaluation purposes only and you are not allowed to copy, distribute, publish, display, sublicense, make available, create derivative works of or otherwise use or exploit any Preview or Content Information for any other purpose. PLATEBANK reserves the right to use technical measures e.g. to limit the Preview Usage to a certain period of time or to prohibit the use of Previews in a manner that violates the rights granted under the Preview Usage. You may not remove, bypass or disable such technical measures (or attempt to do the same). In addition, you may not remove or modify the watermark contained in the Preview (or attempt to do the same).

5. Termination or limitation of use

PLATEBANK is entitled to terminate, prevent or limit anyone´s access to or use of the Site at any time and for any reason and without prior notice.

PLATEBANK reserves the right to terminate, prevent or limit your access to or use of the Site (including, but not limited to, your user account) at any time and without prior notice if you fail to comply with these Terms of Use, any other agreement concluded with PLATEBANK or any other PLATEBANK´s procedure, guideline, policy or restriction outlined on the Site.

In case your access to or use of the Site (including, but not limited to, your user account) is limited, you must immediately stop accessing or using the relevant area or part of the Site and the relevant Previews and Content Information.

In case your access to or use of the Site is terminated or prevented completely, you must immediately:

(i) stop accessing or using the Site, Previews and Content Information;

(ii) delete all Previews, Content Information, other materials downloaded or copied from the Site and all copies thereof and destroy all other copies, or at PLATEBANK´s request, return all such copies to PLATEBANK; and

(iii) pay all amounts owed to PLATEBANK.

If PLATEBANK terminates, prevents or limits your access to or use of the Site because you fail to comply with these Terms of Use, any other agreement concluded with PLATEBANK or any other PLATEBANK´s procedure, guideline, policy or restriction outlined on the Site PLATEBANK is not obligated to refund any amounts paid by you to PLATEBANK.

6. The site is provided “as available” and “as is”

While PLATEBANK strives for ensuring that the Site is available, operates correctly and without interruptions and is free from errors, software viruses or other malicious codes, PLATEBANK does not guarantee or assume any liability for your use of the Site (including, but not limited to, its unavailability, failure or improper operation).

PLATEBANK DOES NOT REPRESENT OR WARRANT THAT THE SITE MEETS YOUR REQUIREMENTS. THE SITE IS PROVIDED BY PLATEBANK ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Links and references to third party sites and services

The Site may contain references or links to third party websites and services, including, but not limited to, payment processors etc. Such third party sites or services are not under the control of PLATEBANK and PLATEBANK shall not be responsible for the content, security or functionality of any referred or linked third party site or service or the terms of use of such third party sites or services. PLATEBANK provides these references and links for convenience only and the inclusion of any link or reference does not imply endorsement by PLATEBANK of the third party site or service. PLATEBANK encourages you to be aware when you leave the Site and to read the terms and conditions and privacy policy of any other website that you visit.

8. Limitations of liability

You assume all responsibility of and risk for access to and use of the Site including, but not limited to, any of the content, material or information contained therein.

PLATEBANK OR ANY PLATEBANK´S AFFILIATE (OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS) SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGE WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE (INCLUDING, BUT NOT LIMITED TO, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE) OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF PLATEBANK OR THE PLATEBANK´S AFFILIATE (OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT THE TOTAL MAXIMUM AGGREGATE LIABILITY OF PLATEBANK OR ANY PLATEBANK´S AFFILIATE (OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS) UNDER THESE TERMS OF USE OR IN RESPECT OF THE ACCESS TO OR USE OR EXPLOITATION OF THE SITE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE THOUSAND US DOLLARS (USD 5,000).

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF PLATEBANK OR ANY PLATEBANK´S AFFILIATE (OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify and hold PLATEBANK and any PLATEBANK´s affiliate (and any of their directors, officers, employees, shareholders, partners or agents) harmless against all claims or liability asserted against PLATEBANK or any PLATEBANK´s affiliate (or any of their directors, officers, employees, shareholders, partners or agents) arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

10. Changes to the terms of use

Notwithstanding anything else in these Terms of Use, any other agreement concluded with PLATEBANK or any other PLATEBANK´s procedure, guideline, policy or restriction outlined on the Site PLATEBANK has the right, in its sole discretion, to make changes to these Terms of Use at any time and for any reason. PLATEBANK will post the changed provisions on the Site and, if you are a registered user, use reasonable efforts to inform you of the changes by e-mail, on or through your user account or otherwise. If you do not wish to access or use the Site in accordance with the changed Terms of Use, you may terminate these Terms of Use to end at the date on which the changes take effect either by ceasing to access or use the Site or following PLATEBANK´s account closing procedure outlined on the Site. By continuing or resuming to access or to use the Site following the date on which the changes take effect you agree to be bound by the changed Terms of Use.

No modification, deletion or amendment of any term or condition of these Terms of Use is binding on PLATEBANK unless made in writing and signed by PLATEBANK´s authorized representative or posted by PLATEBANK on the Site.

11. Miscellaneous provisions

The Terms of Use are in addition to the Privacy Policy, which by this reference is incorporated to the Terms of Use.

All content and material presented on the Site (including the organisation and presentation thereof) are the property of PLATEBANK and its contributors and are protected by copyright, trademark and other intellectual property laws.

You represent and warrant that you have full legal authority to bind yourself or the other person, company or other legal entity on behalf of which you access or use the Site to these Terms of Use.

If any provision, or portion thereof, of these Terms of Use, or its application to any person, company or other legal entity or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms of Use, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the Terms of Use, and shall otherwise be enforceable to the fullest extent permitted by law.

PLATEBANK´s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

PLATEBANK may assign these Terms of Use without your consent to a third party provided however that such party agrees to be bound by these Terms of Use. You may not assign these Terms of Use to any third party without the prior written consent of PLATEBANK.

12. Applicable law and dispute resolution

These Terms of Use shall be governed by and construed in accordance with the laws of Finland, excluding its choice of laws provisions.

Any dispute, controversy or claim arising out of or relating to these Terms of Use, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The Emergency Arbitrator provisions shall not apply. The number of arbitrators shall be one (1). The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English.

Last Updated: August 15th, 2016