To find the answers you are looking for, please use the search option or browse through this FAQ section. Based on your input and feedback, we continuously work to improve our service. Serving you properly is important to us.

(Also, please remember to accept cookies and update to the latest version of Adobe Flash Player)

General use (all users) >>

Purchase and payments >>

Downloading and formats/codecs >>

License and use >>

Other buyer issues >>

To find the answers you are looking for, please use the search option or browse through this FAQ section. Based on your input and feedback, we continuously work to improve our service. Serving you properly is important to us.

(Also, please remember to accept cookies and update to the latest version of Adobe Flash Player)

Guides for Sellers:

Microstock producers MiniManual (Read first!)

Tagging and Keywording Guide (Important!)

General use (all users) >>

Becoming a Submitter >>

Sales, income and payments >>

Clip requirements and specifications >>

Uploading clips >>

Adding keywords and metadata >>

Clip review and approval >>

Legal requirements and issues >>

Other seller issues >>

The Clipcanvas Microstock Video Producer’s Mini Manual

This short article is intended as a QuickGuide you may use to improve your success upon offering your microstock footage for sale through Clipcanvas. In most cases, it is intended as general advice, while in some cases, like editing for upload or when exporting formats, you are required to follow the specifications listed, in order to be successful in submitting your footage to Clipcanvas.com.

We hope you find it helpful and that you get the most out of your time with us!

Editing specifications for content submitted to Clipcanvas

• Individual pieces of footage should be at least 2 seconds
• The datafile should be .mov and not exceed 750MB
• All footage must be shot and delivered in 16:9 aspect ratio
• Minimum broadcast standard: (720×576) or (1024×576) in PAL (25fps) ⎢OR⎥ (720×486) or (864×486) in NTSC (30fps).
• Try to think pre and post roll when editing (allows for more flexibility when cutting)
• Avoid colour correcting your footage before submitting
• Submit the footage in its camera native format whenever possible
• Exceptions apply in some cases, especially for effects shots

Accepted formats for upload – quick guide
We generally accept the following formats (if your format is not on the list, contact us):

• DV (must have 16:9 aspect ratio)
• DVcam
• DVCpro 25/50/100
• HDV1
• HDV2
• Xdcam
• Xdcam, HD
• ProResHQ, 10bit
• ProRes, 8bit
• AVC intra (must be delivered in ProResHQ)
• Cineform, 12bit (must be delivered in ProResHQ)
• Dnx, DnxHD
• Photo.jpg/.mjp 75/100%
• Digibeta (export to ProRes or photo.jpg before upload)

General advice
When shooting stock footage try to think in generic terms or in terms of uniqueness. For instance, if shooting a street scene in a major city, try to include landmark buildings or monuments in the shot. Opposite, if the documentation of the specific city is not main purpose of the clip, try to avoid objects that could pinpoint the location of the shoot, as it would allow for more widespread use and greater applicability.

Shooting in public
In most cases, people in public spaces may not reserve themselves from being filmed. However, it is important to respect each individual’s rights to privacy. As a general rule, footage including people figuring in public spaces may be used editorially, like for relevant documentary purposes or for other newsworthy purposes, but may not be offered or used commercially – like in an advert. Such footage would be limited to editorial use only.

Another general rule is that one should take into consideration the impact the filmed material could have on the individuals appearing in the shot. One may have a great shot including a man sleeping on a bench in a park (after a late night out, perhaps), but used in the wrong setting this may have an obvious negative impact for the person in question, and in many cases it would be difficult to use.

When you work in public spaces and wish to get the most out of it in terms of offering stock footage for sale, you could try to anonymise the people appearing in the shot, by defocusing the framed content, blurring the image, and so on.

Copyrighted logos, trademarks, designs and brands
These guidelines also apply to footage featuring copyrighted logos trademarks, designs and brands. Given the simplicity of recognizing most featured logos, one should avoid having such logos/brands as the main focus or purpose of a clip, as it would infringe on the possible uses of the clip in question and make it hard or impossible for you to be able to offer for sale. This also applies to particular designs and artworks.

Sound and audio
You should also take care to use a good microphone when working to produce your footage. Keep in mind that copyrighted music follows the same logic as for brands and logos, and may not be included, so if you are working in a studio and the radio is on, turn if off for the duration of your session or strip the sound before you submit your content. Also, keep in mind that any comments “from behind the scenes” are also potential parts of the resulting soundtrack.

Release forms (Adults, Minors, Property)
As opposed to footage of people figuring in public space, models or actors may be used to create footage of a more unique character. In such cases, a Release Form is invaluable. Making sure that you secure a model or property release for the footage you create would greatly increase the usability and value of the particular work in question. These Release Forms ensure that a third party (the potential buyer of the clip) can use the footage for commercial purposes, and so would be willing to pay a higher price for your content. Therefore, you should always bring these forms with you as a standard inventory to your shooting sessions. If you do not already have one, you may download the required forms here (Release Forms).

Same scene, multiple angles (interclippables)
When shooting a scene, try to shoot the object or action taking place from different angels and with different cuts. Make sure you have good coverage. This would make it easier for the buyer to have sufficient material for an illustration or to make his or her production even better, and it would increase the probability you have of making more money from the time you spend on the particular session.

Planning for shooting in major cities or specific locations
Almost every capital or major city have administrative offices or specialised clerks that aid the photographer in securing the required permissions for filming on that particular location. Without the proper permissions and signatures one could easily find oneself spending more time than anticipated discussing how to get your equipment back, rather than getting the footage you were after. You should contact the national or local professional film photographer associations in order to get advice on how to retrieve the required permits.

Française, لعربية, Беларуская, Български, Dansk, Nederlandse, Suomalainen, Deutsch, Ελληνικά, Magyar, Italiano, 日本, 한국어, Latvijas, Norsk, Polska, Português, Roman, Россию, Slovenščina, Español, Türk, Українське.

All you need to know about adding metadata, tagging and organizing your clips from ‘Your Account’

When you have uploaded clips to Clipcanvas.com they will (after uploading and transcoding is complete) immediately appear in ‘Your Account’ ready for tagging and pricing. This is where you make your clips ready for publishing by connecting all necessary information to them, and send them for final approval.

Click on ‘Tag your clips (number of ready clips)’ on the left menu under ‘Sales’, then all of your unpublished clips will appear.

At the top of the page you will see your five first uploaded clips, with the first one playing underneath – ready for tagging. You can click on any of the five to open them in the tagging interface and also navigate between groups of five.

Above the playing clip, you can enter your tags. The following is a walkthrough of the tagging page at Clipcanvas.com.

Française, لعربية, Беларуская, Български, Dansk, Nederlandse, Suomalainen, Deutsch, Ελληνικά, Magyar, Italiano, 日本, 한국어, Latvijas, Norsk, Polska, Português, Roman, Россию, Slovenščina, Español, Türk.

1) Tagging
When tagging your clips there are some things you will need to know to maximize the potential for selling. This is both general advice and specific advice for www.clipcanvas.com.

Regarding the search engine at www.clipcanvas.com, the most important thing to know is that it uses a precise search – meaning it only shows hits that are 100% similar to the word(s) typed in. This means that if you search for ‘cars’, you will not get any hits of from clips tagged with ‘car’ – and vice versa. If one searches for two words, only the clips with both words tagged, will appear. So tagging your clips with singular and plural nouns (when appropriate) is essential.  When describing an action, often a verb, it is also important that you include the relevant verb tenses of it. Basically, it means to include the two variations that people are likely to search for, like ‘walk’ and ‘walking’ or ‘drive’ and driving’.

When tagging for royalty free stock footage, an important aspect, beside the obvious in the footage, is to include words that can be described as feelings, concepts or moods. This is because potential footage buyers often search for footage that can illustrate a feeling, concept and mood – without actually knowing exactly what kind of clip they are looking for.

Here are a few important things to remember:

1. When tagging for a royalty free stock footage marketplace like Clipcanvas.com, your focus should be on the objects, the actions, the concepts and the feelings in the particular clip, and not on ‘who’ and ‘when’.
2. The first five keywords are the most important. These first five must be good and to the point.
3. Furthermore, it is very important that only words that are directly relevant for the clip is included. That means that everything that is not the main focus in the clip is left out. This is of course to make the search-results as precise as possible.
4. Footage with positive keywording is more likely to sell than footage with negative keywords.
5. You should always be one-hundred percent sure that the keywords you use are totally correct and true. When you start guessing, the quality of the keywording will sink rapidly, and irritate potential buyers of your clip.
6. When there are humans in the clips, remember to describe them as precisely as possible. Gender, age, race, color of hair, eyes etc.

Remember that on Clipcanvas.com there are several other options in addition to the keywords, like lighting, framing and camera handling. This means that by selecting the right values in these categories, makes keywords related to this redundant.

Try looking at the process it from the perspective of the buyer. Ask yourself the following questions: ´Would I be happy to find this clip if I search for the keyword I just typed in?´ and ´Is this the main focus of the clip?´

We suggest that you:

• Always think like the person who wants to find the clip
• Always have the clip you are tagging, playing in front of you
• Learn how the search engine at www.clipcanavas.com works
• Always focus on what matters. The objects, actions, concepts and moods directly linked to the clip
• Always avoid objects, actions, concepts or moods that are not directly linked to the clip
• Always remember the little, obvious things that may be easy to forget
• Always do your own keywording
• Have access to an English dictionary while keywording
• Always be totally precise and accurate in your keywording
• Include detailed location, and country in the country section, if it is relevant
• Always spell check your words

We suggest that you do not:

• Include objects, actions, concepts or moods that are not directly and concrete linked to the clip
• Guess if you don’t know. Better to do a little research or put the clip on upload-hold until you know for sure
• Use words that can be misunderstood, like double meaning words
• Use irony
• Do your keywording while in a hurry
• Underestimate the value of well contemplated keywording
• Include country and location if it is irrelevant

2) Categories
Check the boxes that you feel correspond with your clips. It can be one category or several categories. When it comes to computer generated images, they should be classified as ‘Animations’ and/or ‘Backgrounds’ – and not any of the other categories.

3) Camera handling
Handheld – choose this when the clip was clearly filmed with a handheld camera. Signs of this is usually uneven shaking in the clip.

Mixed-other – choose this when none of the other choices fit. It is often clips that are filmed from a car, plane, helicopter etc, with a jib or crane or clips that combine two or more of the other options, like tilt and zoom.

Pan – choose this one if the camera makes a smooth motion horizontally.

Static – choose this one if the camera is absolutely still when filming.

Tilt – choose this one if the camera makes a smooth motion vertically.

Tracking – choose this one if the camera physically follows the object being filmed, and is not just zooming after it.

Zoom – choose this one if the camera zooms during the whole, or part of, the clip.

4) Framing
Extreme close-up – choose this when the segment being filmed is so close that all small details of the object being filmed is visible. This could be a human eye.

Close-up – choose this one when the segment being filmed is so close that you only see a small part of the object being filmed. This could be a face of a human.

Medium shot – choose this when the whole object being filmed is not in the frame, but is non the less clearly visible for what it is. This could be the upper body of a human.

Long shot – choose this when the whole object is visible in the frame and you see the surroundings as well. This could be a human being from top to toe.

Wide shot – choose this when the framing is so wide that all details are gone and the focus is on a larger view. This could be a view over a city from the top of a building.

Extreme wide –  choose this when you have a very wide view of something. This could be a landscape from a mountain top.

5) Price
Set the price you want to charge for the clip. We have the following options; 9€, 19€, 29€, 39€, €49, 59€, €69, €99, €149, €249, 319€, 499€ and €849. We urge our submitting video artists to price their clips based on technical and aesthetic achievement and the uniqueness of the clip.

6) Dynamics setting options
This is ment to be an option to someone who is in need of a special feeling of intensity or movement in their work. Is it still and almost photo-like? Or very intense with lots of movement and speed? This often has to do with camera handling and framing as well. The closer it is, the more intense every movement will appear in the clip.

Low – choose this if the clip has no camera movement, and there is nothing, or almost nothing happening in the clip.

Regular – choose this when there are regular movement or camera handling, like people walking, ripples in the water, cars driving from afar etc. Basically when it´s nothing ´special´ in terms of intensity or movement.

High – choose this when there is a lot of movement in the clip, and you ´feel´ a sort of intensity and energy in the clips. This could be close-ups of traffic, a timelapse of people rushing past and generally clips where there are much happening in the clip.

Extreme – choose this when the clip is really intense and ´pumping´, and really is as intense as it could get.

7) Lighting setting options
Artificial – choose this when the lighting in the clip is artificially produced. This include animations, backgrounds and all kinds of inhouse/studio lighting.

Dawn – choose this when the clip is clearly filmed in the morning, usually when you see twilight or the sun just before, or after, being visible

Day – choose this when the clip has a regular day lighting.

Dusk – choose this when the clips is clearly filmed in the evening, usually when you see twilight or the sun just before, or after, setting.

Night – choose this when the clip is filmed during the night, and thus is dark.

8) Country options
Choose the country the clips was filmed in, if it is of importance to the clip. This is usually if the location is of significance. For instance, for clips from a city, landmarks, tourist sights and so on, it is recommended that you choose country. In for instance animations, clips of clouds moving or detailed close-ups, it is recommended that you not include the country of origin, as this will only confuse, and maybe irritate, customers that search for clips from specific places in different countries.

9) For what kind of use is this clip to be offered?
Below the clip that is playing, you must answer the following question; ‘Does the clip contain visual or audible names, people, logos, trademarks, patented designs or copyrights or other forms of intellectual property?’.  This is to identify which kind of use the clip will be offered. It can be commercial or editorial, this depends on the choices you make. This is to secure that all necessary releases has been obtained if the clip shall be offered for full commercial use.

Here are some more in-depth explanations for these phrases:

‘Visual or audible names‘ – do you see any names written in any form or hear any names being mentioned in any way?

‘People‘ – do you see any people that is so visible that they could be recognized by themselves, or any other person? Remember that the clip most likely will be enlarged (TV-size), when used by someone.

‘Logos‘ – is there any kind of logos in the clip? Example; the Coca-Cola logo or the Windows logo.

‘Trademarks‘ – this can be a lot of different things, like a name, word, phrase, logo, symbol, design, image, or a combination of these elements. Do you recognize any trademarks in the clip?

‘Patented designs or copyrights or other forms of intellectual property‘ – does the clip show any famous designs? This could be a cruise ship, luxury car, Coca-Cola bottle etc. Does it show anything else that could be copyrighted or any intellectual property? This can be architecture, paintings, photographs, statues and all forms of art. Exceptions may apply if the originator of the art depicted has been dead for more than 70 years. This could be the architect of an old building, the sculptor of a statue, the painter of a painting etc. If you are uncertain, you must check with the legal system in the country of the clips origin.

Depending on the answer, the clip will be offered for one of two uses, either ‘editorial use’ (meaning news and documentaries) or ‘commercial use’ (meaning no limitations of use within the limits of the Clipcanvas ‘License Agreement’).

Remember that there is also a difference between clips where visual or audible names, people, logos, trademarks, patented designs or copyrights or other forms of intellectual property is the main focus of the clip, or is only a minor detail in the clip. In some of these cases, the clip might be able to be offered for commercial use.

10) What happens next?
When you have been through everything, you can either ‘Save clip’ (if you want to return later and adjust something) or ‘Send clip for approval’, to send it to Clipcanvas for our evaluation, and hopefully, publication. During the approval process, Clipcanvas reserves the right to not publish clips we do not feel are up to our quality standards in terms of technical and aesthetic merit.

Submitter Agreement

1. Approval of the Submitter Agreement. Please, read this Submitter Agreement (hereafter the “Submitter Agreement”) from Clipcanvas AS (hereafter “Clipcanvas”) thoroughly and save or print a copy for your own records. The Submitter Agreement outlines the terms and conditions all submitters (hereafter the “Submitter”) agree to be bound by when the Submitter provides footage, animations, motion imagery, sound and/or any other information or material (hereafter the “Content”) to Clipcanvas.com or other Clipcanvas web-sites under other top-level domains with corresponding web pages (hereafter the Web Site) with available services from Clipcanvas and its licensors, affiliate websites operated and owned by Clipcanvas and API affiliate websites operated by Clipcanvas API affiliate partners (the Web Site including its Content, available services, affiliates and API affiliates are hereafter referred to as the “Clipcanvas Service”). By registering as a Submitter and submitting Content to the Clipcanvas Service, the Submitter agrees to be bound by the terms set forth herein. In order to become a Submitter, the Submitter shall establish a user account by reading and acceptance of the royalty-free Clipcanvas License Agreement which includes the Clipcanvas User Terms. The Submitter agrees that this Submitter Agreement may be amended by Clipcanvas at any time by posting the amendment or an amended Submitter Agreement on the Web Site and/or the Submitter’s “Your Account”.
2. Notices. The parties accept written notices sent by e-mail. Clipcanvas shall send such notices to the e-mail address registered by the Submitter, and the Submitter shall send such notices as well as other questions relating to this Submitter Agreement to Clipcanvas to support[at]clipcanvas.com.
3. Obligations regarding rights management to submitted Content. By accepting this Submitter Agreement the Submitter confirms that the Submitter has the full responsibility of rights management regarding the Content uploaded or otherwise submitted from the Submitter to the Clipcanvas Service. When submitting Content to the Clipcanvas Service, the Submitter shall state the name and address of the copyright owner to the Content. In addition, the Submitter is responsible to provide information to Clipcanvas of any limitations regarding such Content. If no such limitations are provided together with such submitted Content, the Submitter shall be considered to be the copyright owner with full and exclusive rights to market, sell and otherwise distribute such Content. If the Submitter has not cleared all intellectual property rights including any and all personal rights related to persons pictured on the Content, the Submitter shall not upload or otherwise submit such Content to the Clipcanvas Service.
4. Upload procedures and management. The Submitter hereby agrees to abide by and follow the upload procedures and requirements (hereafter the “Submitter Guidelines”) at any time set forth in and displayed on the Web Site and/or the Submitter’s “Your Account”. The Submitter acknowledges that the Submitter Guidelines may at any time be changed by Clipcanvas, including, but not limited to, new procedures to be implemented and/or used by the parties regarding the Content and other procedures or requirements. Furthermore, the Submitter agrees to provide the most precise and sufficient metadata possible in relation to the Submitter’s submitted Content, with the intention of making it easier for purchasing Licensees to identify and review such Content. The Submitter acknowledges that Clipcanvas takes no responsibility whatsoever for the storage of the Submitter’s original Content, even if Clipcanvas does secure storage of the Submitter’s uploaded Content. Therefore, the Submitter is hereby advised to maintain and keep its own backup. Clipcanvas may, in order to ensure quality of Content in terms of both aesthetic and technical merit, review all uploaded Content before the Submitter is allowed to publish the Submitter’s submitted Content for public access through the Clipcanvas Service. The Submitter is solely responsible for the Content submitted, for the legality of the Content and for the legality of the use of the Content through the Clipcanvas Service. Clipcanvas has the right to remove or deny publication of any Content that does not comply with this Submitter Agreement and/or the Submitter Guidelines. In addition, Clipcanvas has the right to remove or deny publication of any Content which Clipcanvas otherwise regards to be unsuitable for the Clipcanvas Service. The Submitter acknowledges that Clipcanvas under no circumstances whatsoever has any liability regarding such removal or denial. Furthermore, the Submitter agrees that Clipcanvas may alter titles and/or keywords entered by the Submitter, and that any metadata submitted in relation to facilitating the display of the Submitter’s submitted Content remains the property of Clipcanvas.
5. Grant of license to Clipcanvas. By submitting Content to Clipcanvas, the Submitter hereby grants Clipcanvas a worldwide, royalty-free and non-exclusive right regarding any Content submitted by the Submitter to reproduce, prepare derivative works of, publicly display, market, sublicense, sell and/or distribute this Content. The license granted hereunder shall permit Clipcanvas to sub-license the Content to third parties (hereafter the “Licensee”) in accordance with the terms of the License Agreement. The license granted hereunder shall further permit Clipcanvas to utilize the Content for purposes of advertising, marketing and promoting Clipcanvas, including but not limited to, use of the Content and derivative works thereof on the Clipcanvas Service. In addition, the license granted hereunder shall further permit Clipcanvas to display, showcase and create derivative works of the Content in the form of edited, resized, resampled, transcoded and/or cropped works of the Content, for purposes of sub-licensing such derivative works to Licensees under the terms of the License Agreement. Furthermore, the Submitter explicitly agrees that Clipcanvas may display and distribute the Submitter’s submitted Content as compressed and watermarked files to third parties for the purpose of marketing the Content and for reviewing and testing the Content in question preceding potential purchase, and that such watermarking of this Content may be utilized for advertising purposes. However, both parties acknowledge that the copyright ownership to all submitted Content remains with the owner of such copyright. Clipcanvas may also offer Content for sale under royalty-ready licenses when the Submitter and Clipcanvas both agrees to this. Submitters wishing to upload and sell Content under royalty-ready licenses should contact Clipcanvas for more details. In general, royalty-ready licenses could apply to Content that the Submitters does not wish to offer under royalty-free licenses. Royalty-ready licenses are different from the royalty-free licenses in that pricing is determined to a greater extent by the intended use and license duration for use of the Content in question, and is set on a case-by-case basis in conjunction with the client or Licensee´s intended use.
6. Obligations for Clipcanvas. Clipcanvas shall be obligated to inform all Users of the Clipcanvas Service about the User Terms and the License Agreement. Such agreements shall contain an obligations for the User to accept, regarding submitted Content being available for the User or the Licensee to review and download, that any Content available for free download is for personal review purposes only, with the intention of purchase, and may not be shared, sold, rented or otherwise distributed in any form other than on the terms of said agreements or as approved by the Submitter. Furthermore, such agreements shall state that no User is allowed to remove any watermarks, trademarks, copyright notices or other forms of identification embedded in Content retrieved from the Clipcanvas Services.
7. Credits and acknowledgement. Based on the License Agreement accepted by all registered Licensees of Clipcanvas, any Licensee purchasing Content through the Clipcanvas Services is required to credit and provide copyright information on both the copyright owner (as informed by the Submitter) and Clipcanvas in the manner required by proper usage (in example in conjunction with any production distributed on DVD’s, other types of storage media or through broadcasting or web-TV channels that are open to public viewing). The Submitter accepts that credits and/or acknowledgements are not required for advertisements and other types of productions where credits and acknowledgements are not normally required or would interfere with the production or derivative work’s intended application. Crediting and acknowledging the copyright owner (as informed by the Submitter) and Clipcanvas should at minimum contain the year of granted license, the Submitter’s name/username, and reference to the license granted through Clipcanvas (in example Copyright NAME USER, License granted through the Clipcanvas Service, YEAR].
8. Submitter Status. The Submitter’s Clipcanvas Submitter Membership is valid in perpetuity from the day Clipcanvas has received acceptance of the Submitter Agreement from the Submitter, unless the Submitter receives a written notice from Clipcanvas stating otherwise.
9. Compensation to the Submitter (royalty). As long as the Submitter holds a valid Clipcanvas Submitter Membership, Clipcanvas shall pay the Submitter fifty percent (50%) of the license fees ex. VAT and other taxes actually received from the Licensee(s) purchasing licenses to utilize the Submitter’s submitted Content and/or any derivative works thereof. The Submitter acknowledges that the following may be deducted or held from royalties that may otherwise be payable: i) any amounts owed to Clipcanvas by the Submitter; ii) applicable taxes/withholdings required by applicable law; iii) any refund granted to the Licensee(s) related to any download of the Submitter’s submitted Content; iv) any payment processing fees incurred by payment processors for license fee payments; v) any deductions from the license fees resulting from Promotion Offers; and any reasonable expenses that may be incurred in relation to any breach by the Submitter of the terms in this Submitter Agreement, or incurred in otherwise enforcing this Submitter Agreement. The Submitter acknowledges that Clipcanvas in its sole discretion may change the royalty rate and/or other payment terms upon posting such changes on the Web Site and/or the Submitter’s “Your Account”. If any such change is not acceptable for the Submitter, the Submitter may terminate this Submitter Agreement as set forth herein. In the event any transaction is subject to fraudulent activities, such as fraudulent payments or non-payments, the Submitter acknowledges that any and all payments owed to the Submitter are withheld until any such matter is resolved, and at least for a period of 90 days following the time of such fraudulent activities. Clipcanvas is not required to provide any detailed information relating to such transactions, but should notify the Submitter within reasonable time following any requests for payments that payments are on hold until further notice.
10. Promotion Offers and Campaigns: From time to time, Clipcanvas will launch new marketing campaigns, programs and promotions including discounts, rebates, Content purchase subscription schemes, volume purchase incentives/price reductions and similar sales promotion initiatives (“Promotion Offers”). The Submitter agrees that the submitted Content may be offered in relation to Promotion Offers and that any resulting discounts, rebates, Content purchase subscription schemes, volume purchase incentives/price reductions and similar sales promotion initiatives may be deducted from the total license fees.
11. Pricing of licensed Content. In terms of the pricing of the Submitter’s submitted Content, the Submitter is required to set, and allowed to later adjust, the appropriate price level for the individual pieces of the Submitter’s submitted Content, choosing from the range of price levels at any time set by Clipcanvas. The Submitter is allowed to set the Submitter’s price level for the Submitter’s submitted Content at prices exceeding 99 Euro, so long as the Submitter believes this is a correct price level reflecting the quality and performance of the Submitter’s submitted Content.
12. Payment terms. Clipcanvas will use its best efforts to pay royalties within thirty (30) days of the Submitter’s request for payment, which is conducted by the Submitter on “Your Account”. The Submitter acknowledges that professional payment services may take time to process the Submitter’s request also. Requested payments are charged with a payment fee of 5 Euros to be subtracted from the requested amount. All payments will be made through the payment processing services at any time offered through Clipcanvas (ex. PayPal, MoneyBookers), unless otherwise is specifically agreed, and any transaction fees at any time applied by such payment processors is automatically subtracted from the Submitter’s receivable amount. The Submitter acknowledges that there is a minimum payout rate of fifty (50) Euros per each royalty transaction (the Submitter must request to receive the whole amount payable to be paid out from its own account as long as the amount is minimum 50 Euro).
13. Term and termination. This Submitter Agreement will become effective the day when Clipcanvas, following the registration as a Submitter, sends the Submitter a written confirmation that the Submitter holds a valid Clipcanvas Submitter Membership. This Submitter Agreement is thereafter in effect until termination. Either party may terminate the Submitter Agreement by giving the other party a 30 days written notice. Clipcanvas may terminate this Submitter Agreement immediately by written notice if the Submitter violates this Submitter Agreement, the License Agreement or the User Terms. If this Submitter Agreement is terminated, either by the parties or due to violations thereof, at any time prior to the amount of accrued earnings in the Submitter’s royalty account totaling minimum fifty (50) Euros, such royalties will be forfeited by the Submitter. Upon termination of this Submitter Agreement, Clipcanvas may delete or otherwise remove the Submitter’s “User Account” and Content.
14. Representations and warranties by the Submitter. The Submitter represent and warrant that:

1. The Submitter has the full right, power and authority to enter into this Submitter Agreement and to completely undertake all of the Submitter’s obligations hereunder;
2. there are no legal or contractual restrictions binding the Submitter from fully entering into this Submitter Agreement;
3. in the event of the Content mainly representing or depicting individually identifiable people or persons, the Submitter has obtained and secured the required model and/or property releases from all required parties that will permit the uses of the Content in question as outlined in this Submitter Agreement and the License Agreement, and The Submitter agrees to provide such releases upon request from Clipcanvas. Copies of model and property releases may be retrieved from the support web pages at the Web Site, if the Submitter does not already have proper forms to secure the relevant releases;
4. the Content submitted by the Submitter and all parts thereof constitute the Submitter’s original creation and expressions, or the Submitter is its sole copyright holder and exclusive owner, or the Submitter has retrieved all rights necessary to submit the Content as described in this Submitter Agreement;
5. no Content submitted by the Submitter is in conflict or violation with the rights offered through the License Agreement;
6. the Content does not violate any rights of privacy, trademark, copyright or any rights owned or represented by any third party, nor violate or present the violation of any law, nor is either obscene or defamatory;
7. The Submitter agrees to follow the Submitter Guidelines, upload procedures and provide the required information related to the Content in question at any time required to make it available to the Licensees or other Users;
8. The Submitter agrees that the Submitter does not attempt to upload the same file several times, that the individual Content files uploaded are free of elements to prevent or disrupt its use or enjoyment and that it is free of any malware, computer viruses, computer worms or other items that may be designed to interrupt or disrupt the Clipcanvas Service, Content or any other hardware or computer system;
9. The Submitter acknowledges that the Submitter will be responsible for any access to and use of Clipcanvas Service that takes place under the Submitter’s user name and password, and that the Submitter’s user name and password constitute conclusive evidence to be used by Clipcanvas as proof that the Submitter wishes to upload Content in compliance with this Submitter Agreement

1. Limitation of warranties, liability and disclaimer. Clipcanvas strives to secure a high and professional level in terms of the quality of the Content delivered through the Clipcanvas Service, but Clipcanvas does not warrant that the quality will meet the Submitter’s requirements or that it will be free from errors. Clipcanvas does not warrant that the Clipcanvas Service will meet the Submitter’s specific requirements, that the Clipcanvas Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Clipcanvas Service will be accurate or reliable, that the quality of any Content, Clipcanvas Service, information, or other material purchased or obtained by the Submitter through the Clipcanvas Service will meet the Submitter’s expectations, and that any errors will be corrected. THE CLIPCANVAS SERVICES AND OTHER SERVICES OFFERED BY CLIPCANVAS OR THROUGH THE WEB SITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, LIKE, BUT NOT LIMITED TO THE REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR SUITABILITY FOR A SPECIFIC PURPOSE. ALSO, THE CONTENT IS PROVIDED “AS IS” WITHOUT ANY CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, COMMERCIAL APPLICATION OF CONTENT, SUITABILITY FOR PARTICULAR PURPOSES, VARIATIONS OF EDITORIAL USE AND OTHER MERCANTILE APPLICATIONS. FURTHERMORE, CLIPCANVAS AND ITS LICENSORS DO NOT WARRANT THE USE OF NAMES, PEOPLE, LOGOS, TRADEMARKS, PATENTED DESIGNS OR COPYRIGHTS OR OTHER FORMS OF INTELLECTUAL PROPERTY ON OR IN ANY CONTENT DISPLAYED ON THE WEB SITE OR THROUGH THE CLIPCANVAS SERVICE. FUTHERMORE, CLIPCANVAS DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT THAT APPEARS ON THE WEB SITE WILL ACTUALLY BE AVAILABLE FOR PURCHASES OR THAT IT WILL BE FREE OF DEFECTS OR VIRUSES. CLIPCANVAS DOES NOT WARRANT OR MAKE REPRESENTATIONS AS TO THE VALIDITY OR LEGALITY OF ANY RELEASE OR INFORMATION THEREOF ASSOCIATED WITH ANY CONTENT DISTRIBUTED THROUGH THE SERVICE. IF THE SUBMITTER IS IN DOUBT, SEEK OUT COMPETENT COUNSELING FOR THE INDIVIDUAL CASE IN QUESTION. THE SUBMITTER RELEASES CLIPCANVAS FROM ANY CLAIM(S) THE SUBMITTER MIGHT HAVE STEMMING FROM CLIPCANVAS TO REFRAIN FROM OR TAKE ACTION AGAINST ANY THIRD PARTY WHO IS ALLEGED BY THE SUBMITTER TO HAVE INFRINGED ON THE SUBMITTER‘S RIGHTS. THE SUBMITTER SHALL INDEMNIFY CLIPCANVAS, ITS SUBSIDIARIES, ITS AFFILIATES, ITS LICENSEES, ITS LICENSORS AND ITS USERS AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF THE SUBMITTER‘S BREACH OF THE TERMS OF THIS SUBMITTER AGREEMENT. THE FAILURE OF CLIPCANVAS TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE SUBMITTER AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. IN NO EVENT SHALL CLIPCANVAS OR ANY OF ITS PARTNERS, SHAREHOLDERS, EMPLOYEES, DIRECTORS OR AGENTS BE LIABLE FOR ANY KIND OF INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION OR SUIT ARISING UNDER OR OUT OF THIS SUBMITTER AGREEMENT. The SUBMITTER EXPRESSLY UNDERSTANDS AND AGREES THAT CLIPCANVAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CLIPCANVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND SERVICES RESULTING FROM ANY CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CLIPCANVAS SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SUBMITTER’S TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CLIPCANVAS SERVICE, OR ANY OTHER MATTER RELATING TO THE CLIPCANVAS SERVICE. IN ANY EVENT, CLIPCANVAS’ MAXIMUM TOTAL AGGREGATE LIABILITY TO THE SUBMITTER OR ANY OTHER PARTY CLAIMING THROUGH THE SUBMITTER, ARISING IN CONNECTION WITH USING THE CLIPCANVAS SERVICES OR SUBSEQUENT CONTENT FROM CLIPCANVAS SERVICES, SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY CLIPCANVAS FOR THE SUBMITTER‘S OFFERING THROUGH THE CLIPCANVAS SERVICE OF THE CONTENT IN QUESTION. SOME US STATES AND FOREIGN COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. THUS, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO THE SUBMITTER TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY STATE OR NATIONAL PROVISIONS. IN ANY SUCH JURISDICTION, ANY SUCH LIABILITY OF CLIPCANVAS OR ITS PARTNERS, SHAREHOLDERS, EMPLOYEES, DIRECTORS OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE SUBMITTER ACKNOWLEDGES TO HAVE READ THIS SUBMITTER AGREEMENT AND HAD THE OPPORTUNITY TO SEEK OUT LEGAL COUNSEL BEFORE ACCEPTING THIS SUBMITTER AGREEMENT. FURTHERMORE, THE SUBMITTER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT IN THIS SUBMITTER AGREEMENT, AND THAT THIS SUBMITTER AGREEMENT CONSTITUTES THE CONTRACTUAL AND LEGALLY BINDING AGREEMENT FOR THE SUBMISSION OF CONTENT TO BE OFFERED THROUGH THE CLIPCANVAS SERVICE.
2. Dispute resolution. This Submitter Agreement and all submitted Content received by Clipcanvas shall be governed by and construed in accordance with Norwegian law. The Submitter acknowledges that Oslo city court in Norway shall be the exclusive venue for any legal actions or proceedings arising as a result of this Submitter Agreement.

License Agreement

1. Approval of the License Agreement. Please, read this Content License Agreement (hereafter the “License Agreement”) from Clipcanvas AS (hereafter “Clipcanvas”) thoroughly and save or print a copy for your own records. The License Agreement outlines the terms and conditions all licensees (hereafter the “Licensee”) agree to be bound by when viewing, retrieving, downloading, purchasing and/or otherwise using the footage, animations, motion imagery, sound and/or any other information or material (hereafter the “Content”) from Clipcanvas.com or other Clipcanvas web-sites under other top-level domains with corresponding web pages (hereafter the Web Site) with available services from Clipcanvas and its licensors, affiliate websites operated and owned by Clipcanvas and API affiliate websites operated by Clipcanvas API affiliate partners (the Web Site including its Content, available services, affiliates and API affiliates are hereafter referred to as the “Clipcanvas Service”). By registering as a Licensee at the Clipcanvas Service, the Licensee agrees to be bound by the terms set forth herein. In order to become a Licensee, the Licensee shall read and accept the Clipcanvas User Terms and Conditions (hereafter “User Terms”) and this License Agreement as well as fill out the necessary information as outlined in the registration procedure as a Licensee of the Clipcanvas Service. After such successful registration the Licensee will get its own user account (“Your Account”). If the Licensee wants to be a Content provider (hereafter “Submitter”), the Licensee must register and accept the Clipcanvas Submitter Agreement. The Licensee agrees that this License Agreement may be amended by Clipcanvas at any time by posting the amendment or an amended License Agreement on the Web Site and/or the Licensee’s “Your Account”.
2. Notices. The parties accept written notices sent by e-mail. Clipcanvas shall send such notices to the e-mail address registered by the Licensee, and the Licensee shall send such notices as well as other questions relating to this License Agreement to Clipcanvas to support[at]clipcanvas.com.
3. Intellectual Property Rights. The Clipcanvas Service is owned and operated by Clipcanvas AS or its subsidiaries or affiliates. All of the Content featured or displayed on the Clipcanvas Service, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software, is owned by Clipcanvas AS, the Submitters and/or its licensors. The Clipcanvas Service, including, but not limited to, the general design and the Content and all elements on the Web Site, are protected by copyright, trademark, trade names, patent, design and/or other laws relating to intellectual property rights. Except as explicitly permitted under this License Agreement or in writing by Clipcanvas, the Submitter or its licensors, no portion or element of this Web Site or its Content may be copied or retransmitted by any means beyond viewing the Clipcanvas Service and the Content. The Clipcanvas Service, its Content and all related rights shall remain the exclusive property of Clipcanvas, the Submitter or its licensors unless otherwise expressly agreed.
4. Grant of royalty-free license. The royalty-free license granted herein (hereafter the “License”) is subject to the terms of this License Agreement, including but not limited to the restrictions outlined below in this License Agreement. Provided that (i) the Licensee is a registered Licensee of the Clipcanvas Services or the Licensee holds a valid Clipcanvas Licensee Membership, and (ii) the Licensee pays the license fee(s) as required by Clipcanvas for purchasing licenses to use any Content through the Clipcanvas Service, Clipcanvas grants to the Licensee a personal, perpetual, worldwide, non-exclusive and non-transferable right to use the Content in the Clipcanvas Service as described in this License Agreement. The following License will apply for the Content the Licensee pays for:
   1. The Licensee may use and display the Content ‘as is’ and/or modify and reproduce the Content as part of ‘derivative works’ for all media, now known or hereafter devised, worldwide in perpetuity. In terms of reuse, the Licensee may also reuse the Content ‘as is’ or create new and additional ‘derivative works’ as many times as the Licensee wants. In terms of reproduction and distribution, the Licensee may reproduce and distribute the Content ‘as is’ or as part of ‘derivative works’ as many times as the Licensee wants on any broadcast medium, live, theatrical, performance, streaming, storage media or media now known or herafter devised, unless specifically stated herein. The license granted invokes no transfer of copyrights or ownership rights to the Content in question; AND
   2. Since the License is personal, the Licensee shall not share, sub-license, resell, transfer or otherwise make available or distribute the Content to any other parties as stock footage or similar, on any method of delivery, with the intent of allowing others to create additional ‘derivative works’. If you want to allow your users to be able to create their own ‘derivative works’ using the Content, like for use in online video editors, template editors, plugins or similar multiuser applications, you must contact us to secure an ‘extended multi-user license’. Such ‘extended multi-user licenses’ usually cost from 150% above the stated license fee for standard royalty free use to annually recurring license fees; AND
   3. The Licensee may retain one (1) copy of the Content for back-up purposes during the term of this License Agreement, in which case the Licensee must make sure that the Content is assigned with the proper and corresponding proprietary information.
5. Obligations for the Licensee.
   1. The use of any Content is protected by international copyright laws and treaties. Any application of the Content or any other use of the Content by the Licensee must constitute permitted and legal use and comply with applicable national and international laws, treatises and practices. Any violation through such use is prohibited by this License Agreement and constitutes a breach with the License. Clipcanvas, the Submitter and/or its licensors reserve all rights in and to the Content not expressly granted to the Licensee. The Licensee obtains no intellectual property right or ownership rights to the Content other than a limited license as expressly stated herein. The Licensee acknowledges following all use terms stated in the License and any special condition(s) related to the Content as presented through the Clipcanvas Service at the time of the Licensee’s purchase of such Content.
   2. Any illicit, illegal, obscene, offensive or similar use of the Content is prohibited under this License Agreement. The Licensee agrees that any watermarked Content available for free download is for review purposes only, with the intention to buy, and such Content may not be publicly shared, sold, rented or otherwise distributed in any form. Furthermore, the Licensee is not allowed to remove any trademarks, copyright notices or other forms of identification embedded in Content retrieved from the Clipcanvas Service, or use automated robots, programs, applications or other means of automatically retrieving Content from the Clipcanvas Service.
   3. The Licensee agrees to take necessary precautions in order to avoid unauthorized access to the Clipcanvas Service. The Licensee shall keep all user ID’s and passwords confidential. The Licensee agrees to report to Clipcanvas of any attempt of unauthorized access.
   4. The Licensee hereby agrees to abide by and follow any procedures and requirements (hereafter the “Licensee Guidelines”) at any time set forth in and displayed on the Web Site and/or the Licensee’s “Your Account”. The Licensee acknowledges that the Licensee Guidelines may at any time be changed by Clipcanvas, including, but not limited to, new procedures to be implemented and/or used by the parties regarding the License, the Content, the payment and other procedures or requirements.
6. Credits and acknowledgement. With regards to credits and copyright acknowledgement, and when possible, the Licensee should strive to credit and provide copyright information on both the copyright owner (as informed by the Producer of the relevant Content) and Clipcanvas in the manner required by proper usage (in example in conjunction with any production distributed on DVD’s, other types of storage media or through broadcasting or web-TV channels that are open to public viewing). Credits and acknowledgements is not mandatory as such, but shows good style. Where credits and acknowledgements would interfere with the production or derivative work’s intended application, such credits are not required. Crediting and acknowledging the copyright owner and Clipcanvas could follow the style of other screen credits given in you derivative work or production, or contain the year of license granted, name of rights owner/artist (as informed by the Producer of the relevant Content) or ClipID-number, and reference to the License granted through the Clipcanvas Service: Examples: “Copyright Artist, ClipID, Clipcanvas.com, Year” or “Copyright Artist, Clipcanvas, Year” or “Copyright, ClipID, Clipcanvas, Year” or “Footage: Clipcanvas” or similar and suitable style or annotation.
7. Payment (purchase of License regarding Content).
   1. The Licensee shall pay the full amount of the stated license fee including VAT and other relevant taxes for each Content purchased trough the Clipcanvas Service. The stated license fee shall be paid directly to Clipcanvas in the available currency options and at the same time as the purchase of the Content takes place, if Clipcanvas has not stated otherwise on the Licensee’s “Your Account” (in example that the payment may be done through the Clipcanvas’ approved account payment or other approved forms of payment like prepayments made to ´Your account´). Payments may also be made by charging prepayments made to the Licensee´s user account or through direct billing if the Licensee and Clipcanvas have agreed to this directly. Prepayments may be made directly through the Clipcanvas Service and contact Clipcanvas if you require a Billing Account Agreement (“BAA”). The Licensee acknowledges that the Content may not be available for use by the Licensee as described in this License Agreement before Clipcanvas has received such payment in full. In the event of overdue License fee payments, Clipcanvas shall be entitled to claim the current statutory overdue interest rate on any overdue payments from the due date until payment in full is received by Clipcanvas, and the Licensee shall reimburse Clipcanvas for all costs of collection incurred.
   2. From time to time, Clipcanvas may offer Promotion Offers such as discounts, rebates, subscriptions and other Content licensing incentive schemes. In such cases, the Licensee must accept the said offer to be eligible for license fee reductions and any such discounts, rebates, subscriptions and incentive schemes.
   3. Clipcanvas shall not under any circumstances be under any obligation to refund any fees paid by the Licensee for Content licensed. In case Clipcanvas in its sole discretion determines that the Licensee is eligible for a refund, and to the extent possible, such amendments shall be made by way of the payment method applied for the case in question. Prepayments made to the Licensee´s account are non-refundable, unless otherwise agreed in writing, and must be charged within 18 months. In the event that an account is inactive for more than 18 months and the prepayment account balance is positive, Clipcanvas reserves the right to close and terminate the account without providing a refund for the remaining account balance.
   4. The Content for which the License is granted must in each individual case be downloaded within 96 hours upon validated purchase. Failure to do so may result in the Licensee having to purchase another License for the Content in question. Clipcanvas takes no responsibility for storage of the Content for which the Licensee purchases a License.
8. Privacy. In terms of respecting the Licensee’s right to privacy, Clipcanvas has a set of practices with regards to personal information Clipcanvas make use of about the users of the Clipcanvas Service. In order to conduct transactions and for the Licensee to gain access to the Clipcanvas Service, the Licensee is required to provide certain personal information. Such information may include, but is not limited to, the Licensee’s name, address, e-mail address, phone number and credit card information. By providing this information, the Licensee agrees to allow Clipcanvas to apply this information in order to conduct the necessary transactions related to the offered Clipcanvas Service and to provide information about the Clipcanvas Service, maintenance notices and support. The Licensee also agrees that this information may be shared with necessary payment processors and necessary third parties required by law. Clipcanvas will never sell, trade or otherwise share your personal information in any other way. See also the Clipcanvas Privacy Policy by TRUSTe.
9. Confidentiality. Information that a party becomes aware of in connection with the entry into or performance of the License Agreement and which concerns the other party’s operations, employees, products, services or confidential information about a third party shall be dealt with confidentially and not made available to unauthorized third parties without the written consent of the other party.
10. Term and termination. This License Agreement will become effective the day when Clipcanvas, following the registration as a Licensee, either sets up the Licensee’s “Your Account” or Clipcanvas sends the Licensee a written confirmation that the Licensee holds a valid Clipcanvas Licensee Membership. In addition, this License Agreement governs downloading with any subsequent use of any Content from the Clipcanvas Service. This License Agreement is thereafter in effect in perpetuity unless otherwise stated. Clipcanvas may terminate this License Agreement immediately by written notice if the Licensee violates the terms of this License Agreement or the User Terms as such. If this License Agreement is terminated, the Licensee’s Clipcanvas Licensee Membership is also terminated and Clipcanvas may delete or otherwise remove the Licensee’s “User Account” and other materials or imfromation related to the Licensee. In the event of termination of this License Agreement, the Licensee is required to delete any Content and copies for such Content retrieved from Clipcanvas, and may no longer use any such Content or information.
11. Limitation of warranties, liability, disclaimer. Clipcanvas provides a link between suppliers (the Submitter) and buyers (the Licensee) of Content. Clipcanvas facilitates the licensing of such Content on behalf of the Submitter, and the Submitter is responsible for all rights management related to the Content. Clipcanvas does not warrant the accuracy of information revealed and supplied by the Submitter. Clipcanvas strives to secure a high and professional level in terms of the quality of Content delivered through the Clipcanvas Service, but Clipcanvas does not warrant that the quality of the Clipcanvas Service, including any Content, services, information or other material purchased or obtained by the Licensee through the Clipcanvas Service, will meet the Licensee’s requirements or that it will be free from errors, uninterrupted, timely, secure, or that the results that may be obtained from the use of the Clipcanvas Service will be accurate or reliable, that the quality of any Content, Clipcanvas Service, information, or other material purchased or obtained by the Licensee through the Clipcanvas Service will meet the Licensee’s expectations, and that any errors will be corrected. Risk related to the quality and performance of the Content is entirely with the Licensee. THE CONTENT IS PROVIDED “AS IS” WITHOUT ANY CONDITION, WARRANTY OR REPRESENTATION OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, COMMERCIAL APPLICATION OF CONTENT, SUITABILITY FOR PARTICULAR PURPOSES, VARIATIONS OF EDITORIAL USE AND OTHER MERCANTILE APPLICATIONS. FURTHERMORE, CLIPCANVAS DOES NOT WARRANT THE USE OF NAMES, PEOPLE, LOGOS, TRADEMARKS, PATENTED DESIGNS OR COPYRIGHTS OR OTHER FORMS OF INTELLECTUAL PROPERTY ON OR IN ANY CONTENT DISPLAYED ON THE WEB SITE. CLIPCANVAS DOES NOT WARRANT OR MAKE REPRESENTATIONS AS TO THE VALIDITY OR LEGALITY OF ANY RELEASE OR INFORMATION THEREOF ASSOCIATED WITH ANY CONTENT DISTRIBUTED THROUGH THE CLIPCANVAS SERVICE. IF THE LICENSEE IS IN DOUBT, THE LICENSEE SHALL SEEK OUT COMPETENT COUNSELING FOR THE INDIVIDUAL CASE IN QUESTION. THE LICENSEE SHALL INDEMNIFY CLIPCANVAS, ITS SUBSIDIARIES, ITS AFFILIATES AND SUBMITTERS AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF THE LICENSEE’S BREACH OF THE TERMS OF THIS LICENSE AGREEMENT. THE FAILURE OF CLIPCANVAS TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THE LICENSE AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHTS OR PROVISIONS. IN NO EVENT SHALL CLIPCANVAS OR ANY OF ITS PARTNERS, SHAREHOLDERS, EMPLOYEES, SUBMITTERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY KIND OF INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION OR SUIT ARISING UNDER OR OUT OF THIS LICENSE AGREEMENT. THE LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT CLIPCANVAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CLIPCANVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE CLIPCANVAS SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND SERVICES RESULTING FROM ANY CONTENT, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CLIPCANVAS SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE LICENSEE’S TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CLIPCANVAS SERVICE, OR ANY OTHER MATTER RELATING TO THE CLIPCANVAS SERVICE. IN ANY EVENT, CLIPCANVAS’ MAXIMUM TOTAL AGGREGATE LIABILITY TO THE LICENSEE OR ANY OTHER PARTY CLAIMING THROUGH THE LICENSEE, ARISING IN CONNECTION WITH USING THE CLIPCANVAS SERVICE OR SUBSEQUENT CONTENT FROM THE CLIPCANVAS SERVICE, SHALL NOT EXCEED THE AMOUNT ACTUALLY RECEIVED BY CLIPCANVAS FOR THE LICENSEE’S USE OF THE CONTENT IN QUESTION. SOME US STATES AND FOREIGN COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. THUS, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY STATE OR NATIONAL PROVISIONS. CLIPCANVAS IS NOT A SELLER OF COPYRIGHTS, BUT FACILITATES THE TRANSFER OF LICENSES FOR USAGE BETWEEN BUYERS AND SELLERS THROUGH THE CLIPCANVAS SERVICE. THUS CLIPCANVAS ASSUMES NO LIABILITY WHATSOEVER REGARDING OBLIGATIONS THAT ORIGINATE FROM SUCH COPYRIGHT ISSUES AND RELATIONSHIPS BETWEEN BUYERS AND SELLERS USING THE CLIPCANVAS SERVICE FROM WHICH SUCH ISSUES MAY ARISE. THE LICENSEE ACKNOWLEDGES THAT THE LICENSEE HAS READ THIS LICENSE AGREEMENT AND HAD THE OPPORTUNITY TO SEEK OUT LEGAL COUNSEL BEFORE ACCEPTING THIS LICENSE AGREEMENT. FURTHERMORE, THE LICENSEE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS AS SET OUT IN THIS LICENSE AGREEMENT, AND THAT THIS LICENSE AGREEMENT CONSTITUTES THE CONTRACTUAL AND LEGALLY BINDING AGREEMENT FOR THE GRANT OF LICENSES THROUGH THE USE OF THE CLIPCANVAS SERVICE.
12. Dispute resolution. This License Agreement and all licensed Content shall be governed by and construed in accordance with Norwegian law. The Licensee acknowledges that Oslo city court in Norway shall be the exclusive venue for any legal actions or proceedings arising as a result of this License Agreement.

It is easy to value our Producers’ rights to be credited and acknowledged.

Crediting and acknowledging the holders of copyrights to works is an important and relevant aspect of using content such as stock footage and derivative works thereof. Implementing good standards of acknowledgements into your workflow is easy, and inspires our producers to offer even more high quality content to the benefit all.

Based on the License Agreement, acknowledged by all users of Clipcanvas, any user should strive to credit and provide copyright information on the Producer as the copyright holder and Clipcanvas in conjunction with any presentation or production distributed on DVD’s, other types of storage media or through broadcasting or web-TV channels that are open to public viewing. This is quite normal.

Credits and acknowledgements are not required for advertisements and other types of productions where credits and acknowledgements are not normally suitable or would interfere with the production or derivative work’s intended application. Nevertheless, you should strive to credit the artist when possible.

Crediting and acknowledging the Submitter as the copyright holder and Clipcanvas is easy and could contain the year of your purchased license, the Producer’s name/username, and reference to the license granted through Clipcanvas. An example is provided below:

[ex. Copyright NAME ARTIST, License granted through Clipcanvas.com, YEAR].*

Here you can download the relevant Release Forms (please read first)

Many shots do not require release forms for them to be used by a third party. Typical examples of this are works containing natural scenery, cityscapes, traffic, general objects, and so on. Furthermore, most works are usable for editorial or newsworthy purposes.

However, in the event that your submitted content depicts or contains use of private property, individually identifiable people, persons, designs, art, logos and trademarks, and other issues related to private property, like music, and this constitutes the main part of the content, the common practice is to sign appropriate release forms in order to allow for publication, commercially or not.

Signing a release form is done to secure the privacy of individuals and rights associated with private property. Also, there are different practices guarding the use of content shot in a public space versus a private space.

Securing appropriate release forms makes it easier for customers to purchase and use the content you offer through Clipcanvas, because they thereby understand in which way this content has been released for publication and use.

To secure such releases, you may use the following release forms:

• Model_Release_Adult
• Model_Release_Minor
• Property_Release

(*Note: If you have questions regarding the use of different release forms, please take a look in the FAQ for sellers section, read the License Agreement or the Submitter Agreement, use our Contact Form or search the internet or Wikipedia for topics/discussions about ‘model release,’ ‘property release’ and similar terms.)

User Terms and Conditions for Clipcanvas.com

1. Approval of User Terms. Read this User Terms and Conditions (hereafter the “User Terms”) from Clipcanvas AS (hereafter “Clipcanvas”) thoroughly. The Clipcanvas.com or other Clipcanvas web-sites under other top-level domains with corresponding web pages (hereafter the Web Site) are accessible on the Internet free of charge for everyone (hereafter the “User”). By the User’s use of the Web Site, the User agrees to be bound by the terms set forth in this User Terms, as may be modified by Clipcanvas from time to time. If the User does not accept the conditions of the User Terms, the User shall not proceed using the Web Site. The User Terms also apply to all use of the Clipcanvas stock shots and stock footage resource database (hereafter the Clipcanvas Service). If you want to download or otherwise use any content available in the Clipcanvas Service (hereafter the Content), the User must register and accept the Clipcanvas License Agreement.
2. Intellectual Property Rights. The Web Site is owned and operated by Clipcanvas AS or its subsidiaries or affiliates. All of the Content featured or displayed on the Web Site, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software, is owned by Clipcanvas AS and/or its licensors. The Web Site, including, but not limited to, the general design and the Content and all elements on the Web Site, are protected by copyright, trademark, trade names, patent, design and/or other laws relating to intellectual property rights. Except as explicitly permitted under this User Terms or in writing by Clipcanvas or its licensors, no portion or element of this Web Site or its Content may be copied or retransmitted by any means beyond viewing the Web Site and the Content. The Web Site, its Content and all related rights shall remain the exclusive property of Clipcanvas or its licensors unless otherwise expressly agreed.
3. Obligations and rights. The User agrees that any Content available without registration and acceptance of the Clipcanvas License Agreement for free download is for review purposes only, and may not be shared, sold, rented or otherwise distributed in any form. Furthermore, the User is not allowed to remove any trademarks, copyright notices or other forms of identification embedded in Content retrieved from the Web Site, or use automated robots, programs, applications or other means of automatically retrieving Content from the Web Site. Furthermore, the User agrees that any embeddable objects, such as widgets or embeddable video clips in particular, are intended for the promotion of footage offered for sale through the Clipcanvas Service, and that such objects may not be utilized or otherwise exploited contrary to this end nor for unauthorized, inappropriate or misleading purposes. A User in a position to confirm any legal infringement or copyright violation, explicitly and irrevocably agrees to report this to Clipcanvas immediately and without any further delay, so it may be investigated and concluded before any other action is taken. The User shall indemnify Clipcanvas, its subsidiaries, its affiliates and/or its licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of the User’s breach of this User Terms or the User’s unauthorized use of the Web Site or the Content. The failure of Clipcanvas to exercise or enforce any right or provision of the User Terms shall not constitute a waiver of such right or provision. Any illicit, illegal, obscene, offensive or similar use of the Content is prohibited under this User Terms. Clipcanvas may, but has no obligation to, remove Content and other material including accounts containing material that Clipcanvas in its sole discretion declares to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property. Verbal, physical, written or other abuse, including threats of abuse or retribution, of any of Clipcanvas’ members, employees, submitters, licensees, licensors, directors or partner will result in immediate account termination. The User understand that the technical processing and transmission of the Web Site, the Content, the services from Clipcanvas and its licensors, as well as the User’s downloads of Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. The User agrees not to transmit any computer worms or viruses or any code of a destructive nature to the Web Site.
4. User information. The User agrees that any personal information may be used to provide the User with relevant information regarding the use of the Web Site with corresponding services from Clipcanvas and its licensors, including promotion offers, new products or services and marketing initiatives related to running the Web Site with corresponding services. This may be done using the User’s submitted email or mailing address. If the User does not wish to receive such information, the User sends Clipcanvas a notification through the Clipcanvas support system. In any case, Clipcanvas does not rent or sell such information to third parties. The User also agrees to allow Clipcanvas to place cookies on the User’s computer, in order for the User to utilize the Web Site with corresponding services. These cookies help Clipcanvas to customize and improve its offering to the User. In the event that the user is prompted, requested or otherwise required to accept certain certificates in order to utilize the Clipcanvas Service, the User agrees to accept and allow for such certificates.
5. Disclaimer. Clipcanvas assumes no liability for the availability of the Web Site or Content, and Clipcanvas shall not be held responsible for any loss arising out of the lack of access to the Web Site or any errors or interruptions during the use of the Web Site. Clipcanvas makes no representation that the operation of links will be uninterrupted or error-free, and Clipcanvas shall not be liable for the consequences of any interruptions or errors. Clipcanvas is not responsible for any information provided by a third party. Clipcanvas is not liable for any special, indirect or consequential losses whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious actions, arising out of or in connection with the use of the Web Site or the use of the Content. In the event that any limitation or provision contained in these conditions be held invalid for any reason and Clipcanvas and/or its affiliates become liable for loss or damage, such liability shall be limited to NOK 10.000,-.
6. Dispute resolution. This User Terms and all use of the Web Site shall be governed by, and construed in accordance with Norwegian law. The user acknowledges that Oslo city court in Norway shall be the exclusive venue for any legal actions or proceedings arising as a result of this User Terms and all use of the Web Site.

Clipcanvas Affiliate Marketing and Referral Program – Terms and Conditions

1. General Afilliate Terms and Conditions
This Agreement contains the complete terms and conditions that apply to an Affiliate’s participation in the Affiliate Marketing and Referral Program of Clipcanvas (the “Program”). The Program is intended to strengthen the growth and use of the stock video marketplace offered by Clipcanvas at Clipcanvas.com. Carefully read these terms and conditions, which represent a legally binding agreement between Clipcanvas (“we” or “Clipcanvas”) and you (“you” or “Affiliate”), and is in addition to the Clipcanvas License Agreement, Privacy Policy and User terms to be found at Clipcanvas.com. As used in this Agreement, “Site” means, depending on the context, either the Clipcanvas.com site or the website owned or controlled by the Affiliate, on which the Affiliate will place Links (as defined below) to Clipcanvas.com. The Affiliate acknowledges that participation in the Program will require the Affiliate to register as a user with Clipcanvas.com, and that Clipcanvas may require the Affiliate to agree to certain terms and conditions prior to the Affiliate’s use of the service offered by Clipcanvas.

2. Enrollment in the Program
The Affiliate shall register with Clipcanvas and accept this Agreement in order to enroll in the Program. Clipcanvas may reject the Affiliate’s enrollment for any reason, in Clipcanvas´ sole discretion, including if Clipcanvas determines that the Affiliate’s Site is unsuitable for the Program. Unsuitable sites include, without limitation, those that contain illegal, offensive, infringing content or content that Clipcanvas otherwise deems offensive. By entering into this Agreement, you represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur from your participation in the Program and as a result of the use of the Site.

3. Links and other serving mechanisms
For the purposes of this Agreement, “Link(s)” means the html code that Clipcanvas makes available to the Affiliate that is used for linking from your Site to web pages on Clipcanvas.com, and may include banners, text, search boxes, buttons, or other graphics or devices. All Links used in the Program shall be served by Clipcanvas. The Affiliate shall not modify the Links in any way. Clipcanvas will not be responsible for errors that occur in the tracking of transactions if the Affiliate has made or caused any such modification. Clipcanvas may, in its sole discretion, consider written requests to use other serving mechanisms, such as software integration or integrating though an API, on a case by case basis. In such cases, additional terms and conditions may apply.

4. General Links to Clipcanvas.com
The Affiliate shall only post Links served or approved by Clipcanvas. Approved Links will be made available to the Affiliate through Clipcanvas.com upon the Affiliate’s enrollment into the Program. The Affiliate may also post on its Site links obtained directly from e-mails and newsletters received from Clipcanvas. Any deviations from the guidelines and treatment described in this Agreement must be approved in advance and in writing by Clipcanvas. Clipcanvas may at any time, without prior notice, remove the Links described above, require the Affiliate to remove the Links, or dynamically replace the Clipcanvas creative or text with creative or text suitable to Clipcanvas in Clipcanvas’ sole discretion.

5. E-mail Links
The Affiliate may use Links within e-mails that the Affiliate sends to registered users of the Affiliate Site. Use of such Links is subject to all of the requirements and restrictions respecting Links generally as set forth in this Agreement. E-mails making reference to Clipcanvas, that include Links, or that concern any other aspect of the Program, may be sent only to individuals who have elected to receive such e-mails. “Spamming,” including the sending of unsolicited electronic communications, will not be tolerated and may lead to termination of this Agreement. You will not be entitled to any Referral Fees generated through Spamming tactics. The Affiliate shall comply with any and all regulations, statutes and applicable laws of the European Union, the United States or any other state, country or jurisdiction related to e-mail, and/or electronic communications. It is the Affiliate’s responsibility to be aware of all such regulations, statutes and laws.

6. Transaction Processing
Clipcanvas will process transactions placed by customers who follow Links from the Affiliate’s Site to the Clipcanvas Site. Clipcanvas reserves the right to reject transactions that do not comply with any reasonable requirements that Clipcanvas may periodically establish. Clipcanvas will be responsible for all aspects of transactions processing and fulfillment. Among other things, Clipcanvas will prepare invoice order forms; process payments, cancellations, and handle customer service. Clipcanvas will track transactions made with customers who purchase products using Links and generate reports summarizing this sales activity which will be available to the Affiliate through Clipcanvas.com. The form, content, and frequency of the reports are limited to those reports and capabilities available through Clipcanvas.com. Clipcanvas is not responsible for any changes that we may make in the reporting format, timing, or types of reports available to members of the Program. To permit accurate tracking, reporting, and fee accrual, the Affiliate shall ensure that Links are properly formatted. Clipcanvas will not be responsible for improperly formatted Links.

7. Qualified Transactions
Clipcanvas will pay Referral Fees (as defined below) to the Affiliate for Qualified Transactions (as defined below). For the purposes of this Agreement, a “Qualified Transaction” means a transaction whereby a customer: (i) uses a Link to enter the Clipcanvas Site; (ii) manually or automatically accepts a 30-day tracking cookie issued by Clipcanvas upon entering the Clipcanvas site; (iii) registers as a Clipcanvas user and thereby accepts the Clipcanvas User License Agreement, having a valid tracking cookie set as in pt. 7(ii); (iv) purchases one or more stock video clips using Clipcanvas’ stock video marketplace transaction system; (v) remits full payment to Clipcanvas for purchases made, less any ongoing rebates, discount campaigns or transaction fees (“Revenue Amount”); and (vi) downloads such purchased stock video clips. The Affiliate is entitled to Referral Fees from Qualified Transactions taking place in the period of six -6- months from the date of registration of the account set up by the referred user (“Account”), and transactions made through this Account will count as a Qualified Transaction if it otherwise meets the requirements of this Section and the Agreement.

Clipcanvas does not accept responsibility for customers who may delete or otherwise not accept cookies used to track return visits to the Clipcanvas Site and cannot be held to honor Referral Fees for such untracked return visits. Clipcanvas will not pay Referral Fees for any transactions other than Qualified Transactions as defined in this Agreement. This means that Clipcanvas will not pay you for transactions that, among other things, result from a link directly to Clipcanvas.com from any Internet site other than your Site, such as from a Sponsored Link as set forth in Section 15 of this Agreement. This also means that you will not be entitled to Referral Fees for stock video clips sold that are ultimately refunded or where transactions are otherwise reversed or deemed void and cancelled.

8. Referral Fees
Referral Fees means the fees Clipcanvas will pay the Affiliate based on the amount of revenue from Qualified Transactions generated by the Affiliate Site, in accordance the fee set forth below.

Clipcanvas will pay the Affiliate ten percent (10%) of the Revenue Amount per Qualified Transaction for Qualified Transactions made through the Account referred during the period of six -6- months following the date of the set-up of the Account (“Referral Fees”).

You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may also not partner with any other Clipcanvas.com user to share/transfer the commission made from your own account, or else both parties may be immediately suspended from the service without payment.

9. Fee Payment
Clipcanvas will pay the Affiliate the Referral Fees on a monthly basis either by prior and written agreement or through Clipcanvas´ payment partners, and approximately 30 days following the end of each calendar month for Referral Fees accrued in that preceding calendar month, less any transaction processing fees or taxes that Clipcanvas is required by law to withhold. Similarly, the Affiliate will receive a monthly report of Referral Fees earned from Clipcanvas approximately 15 days following the end of each calendar month for Qualified Transactions accrued in that preceding calendar month, so long as there has been any Qualified Transactions. Clipcanvas does not make any guarantee of a minimum amount of business or that the Affiliate will earn any amount of Referral Fees under this Agreement. A minimum of 50€ in Referral Fees must be earned before any payments are made to the Affiliate.

10. Policies and Pricing
Customers who register to use the Clipcanvas service and buy stock video clips through the Program will be deemed to be users and customers of Clipcanvas. Accordingly, all Clipcanvas.com terms of use, rules, policies, and operating procedures concerning customer orders, customer service, and video clip sales will apply to such users and customers with respect to their transactions at Clipcanvas.com. We may change our policies and operating procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, the Affiliate may not display individual Clipcanvas stock video clips price information on the Affiliate’s Site, unless this information is served directly through an API offered by Clipcanvas.

11. Promotion of Affiliation with Clipcanvas
The Affiliate may not in any manner misrepresent or embellish the relationship between the parties. While Clipcanvas requests that the Affiliate identify itself on its Site as a member of the Clipcanvas Affiliate Program, the Affiliate shall not otherwise engage in any promotions which name Clipcanvas or imply any relationship or affiliation between the parties including, but not limited to, press releases, marketing materials, offline print advertising or marketing campaigns, media kits, screen shots, graphics altered for co-branding or any other format or media. Unless specifically agreed beforehand and in writing, any such promotion will be considered grounds for immediate termination of this Agreement and may invoke further legal action.

12. Limited License for the term of this Agreement
Clipcanvas hereby grants to the Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links and to access the Clipcanvas Site through the Links solely in accordance with the terms of this Agreement, and for the term of this Agreement.

13. Ownership
As between the Affiliate and Clipcanvas, Clipcanvas shall own all right, title and interest, including all Intellectual Property Rights, in and to the Clipcanvas Site, the Program and the Links. For the purposes of this Agreement “Intellectual Property Rights” means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the European Union, the United States or any other state, country or jurisdiction.

14. Responsibility for the Affiliate’s Site
The Affiliate will be solely responsible for the development, operation, and maintenance of the Affiliate’s Site and for all content that appears on such Site. Such responsibility includes, without limitation: (i) the technical operation of the Affiliate’s Site and all related equipment; (ii) the accuracy, timeliness and appropriateness of content posted on Affiliate’s Site; (iii) ensuring that posted materials do not violate or infringe upon the rights of any third party; (iv) ensuring that posted content is not libelous or otherwise illegal. The Affiliate shall not use any Clipcanvas proprietary materials in a manner that is disparaging or that otherwise portrays Clipcanvas in a negative light.

15. Sponsored Links
The Affiliate shall not use, procure, bid on, or otherwise arrange for a Sponsored Link (defined below) on any Internet search engine, portal, sponsored advertising service or other search or referral service (a “Service”) which Sponsored Link uses or includes the terms “Clipcanvas,” “Clip canvas,” “Clipcanvas.com,” “www clipcanvas com,” or any other trademarks, trade names, service marks, corporate names, or other similar general intellectual property right owned or licensed by Clipcanvas or any parent, subsidiary, or other affiliate of Clipcanvas (“Clipcanvas Marks”). A “Sponsored Link” means a link offered, created, or displayed for a fee (whether on a “cost-per-click” basis, commission, or any other commercial arrangement) by a Service which uses search terms or key words to identify, draw attention to, or direct Internet traffic to an Internet site. The Affiliate shall not register, procure, or otherwise use any Internet domain name that includes the Clipcanvas Marks or any variations thereof.

16. Indemnity
The Affiliate shall defend, indemnify and hold Clipcanvas harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys’ fees) relating to: (i) the development, operation, maintenance, and content of the Affiliate’s Site; or (ii) breach of this Agreement.

17. Term and Termination
The Affiliate’s acceptance of the terms and conditions of this Agreement shall be evidenced by Affiliate’s submission of a completed Program application, provided, however, that this Agreement shall not be effective unless and until Clipcanvas has accepted the Affiliate into the Program. The term of this Agreement will begin upon Clipcanvas’ acceptance of the Affiliate into the Program and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice. Upon termination, the Affiliate shall promptly remove all Links and Program-related content from the Affiliate’s Site. The Affiliate is only eligible to earn Referral Fees on Qualified Transactions occurring during the Term (including all steps required for a transaction to be a Qualified Transaction under this Agreement. In the event that an overpayment is made by Clipcanvas, the Affiliate agrees to promptly remit such excess payment upon notification by Clipcanvas. Clipcanvas may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and sections 13 through 23, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.

18. Modification
Clipcanvas may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Clipcanvas Site or by email notice to the Affiliate´s registered email address associated with the Program. If any modification is unacceptable to the Affiliate, the Affiliate’s only recourse is to terminate this agreement. The Affiliate’s continued participation in the Program following our posting of a change notice or new agreement on the Clipcanvas Site or by sending you the change notice via e-mail will constitute binding acceptance of the change.

19. Relationship of Parties
The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on our behalf. The Affiliate will not make any statement, whether on the Affiliate Site or otherwise, that reasonably would contradict anything in this Section.

20. Limitation of Liability
CLIPCANVAS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY). CLIPCANVAS’ TOTAL LIABILITY TO THE AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO NO MORE THAN FIVE HUNDRED EUROS (€500) OR, IF LOWER, THE AMOUNTS PAID BY CLIPCANVAS TO THE AFFILIATE DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE FIRST REOCCURRENCE OF EVENTS GIVING RISE TO THE IMPOSITION OF LIABILITY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS, SO THEY MAY NOT APPLY TO THE AFFILIATE.

21. Disclaimers
Clipcanvas makes no express or implied warranties or representations with respect to the Program or any stock video clips sold through the Program. In addition, Clipcanvas makes no representation that the operation of the Clipcanvas Site will be uninterrupted or error-free, and we will not be liable for any such interruptions or errors.

22. Independent Investigation
The Affiliate acknowledges that it has read this Agreement and agrees to all its terms and conditions. The Affiliate understands that Clipcanvas may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with the Affiliate’s site. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representations or statements other than as set forth in this Agreement.

23. Miscellaneous
All rights not expressly granted herein by Clipcanvas to the Affiliate are reserved by Clipcanvas. There are no implied rights.

Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by confirmed fax; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address associated with the Affiliates´ participation in the Program, in the case of the Affiliate, and the address set forth below for Clipcanvas. This provision shall not apply to Section 18, “Modifications.”

Clipcanvas AS
Att: Affiliate Program Manager – KF
Martin Linges vei 15-25
1364 Fornebu
Norway

Except as set forth in Section 18, “Modifications,” this Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of Clipcanvas. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect.

If you have any concerns relating to the Program, please contact Clipcanvas at affiliate[at]clipcanvas.com.

This Agreement shall be governed by and construed under the laws of Oslo Tingrett, Norway, without regards to its conflict of laws principals.

Clipcanvas may assign this Agreement without restriction, provided that assignee agrees in writing to be bound by the terms of this Agreement. The Affiliate may not assign this Agreement or any rights, duties, or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of Clipcanvas and any attempt to do so without such consent will be void. This Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

The titles and headings herein are for reference purposes only and shall not in any manner limit the construction of this Agreement, which shall be considered as a whole.

Except as may be otherwise specifically provided in this Agreement, this Agreement is not intended to and shall not confer upon any other person or business entity, other than the parties hereto, any rights or remedies with respect to the subject matter hereof.

This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.