London In Motion

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Third Party Licence Agreement

THIRD PARTY CONTRIBUTOR AND ACCEPTABLE USE AGREEMENT

This Third Party Contributor Agreement and acceptable use policy sets out the terms between you (“You”) and Us under which you may access our website www.londoninmotion.com (the “Site”) and upload material for distribution through the site.

Your use of the Site to upload material means that you accept, and agree to abide by, all the policies in this Agreement, which supplement our Terms of Use.

www.londoninmotion.com is a site operated by URBAN LIBRARY LIMITED (“LIM” “We”, “Us”). We are registered in England and Wales and our main trading address is 13b Hewer Street, London W10 6DU.

This contract is between you and Urban Library Limited.

            LICENSABLE CONTENT

1.         You are required to fill in your details and upload your video clips (“Licensable Content”) in accordance with the Third Party Content Application Form and this Agreement. All clips should be submitted in QT format and preferably in HDV format if original clip size is over 100mb.

2.         By uploading any Licensable Content you hereby accept the terms of this Agreement and grant LIM a non-exclusive, world-wide licence to sublicence and distribute the Licensed Content to third parties for use in accordance with LIM’s Licence Agreement, which you agree to have read and understood.

3.         All Licensable Content uploaded to the Site is for LIM’s consoderation. LIM shall, acting in its sole discretion, decide if it wishes to include that Licensable Content on the Site. LIM may refuse to publish the Licensable Content on the Site for any reason whatsoever and shall not be obliged to explain its reason for doing so. In the event Lim refuses to publish your content, it undertakes to destroy all copies of that content submitted by You.

4.         If LIM decides to include your Licensable Content on the Site, it shall do so and price that Licensable Content as it deems fit (the “Price”). LIM will then inform by email (at the address you have provided) of its decision. In the event you are not happy with the Price, you must inform LIM with 5 working days from receipt of the email and propose an alternative price, failing which you shall be deemed to have accepted the Price.

5.         LIM shall pay you 50% of all revenues that it actually receives from the exploitation of the Licensable Content. LIM will account to you on a monthly basis by providing you with a written electronic royalty statement (to be provided by email only) setting out the amounts due and where possible (if such information was correctly provided by the relevant third party) where your Licensable Content was used. The amounts due shall be remitted to you within 14 days from the date of the royalty statement by you elected method of payment as stipulated on your Third Party Contributor Application Form. Please note that LIM will only account to you for the months that an amount is due. In the event no money has been earned form your Licensable Content, no royalty statement will be issued.

         PROHIBITED USES

6.      You may use our Site only for lawful purposes. You may not use our Site:

6.1    In any way that breaches any applicable local, national or international law or regulation (including all copyright laws).

6.2    In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

6.3 To upload any advertising or promotional material.

6.4    To upload any data any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

7.      Further contributions must not:

7.1 Infringe any copyright, privacy right, trade mark right or other right of any other person or entity.

7.2   Contain any material which is obscene, offensive, hateful or inflammatory.

7.3   Promote sexually explicit material.

7.4   Promote violence.

            WARRANTIES

8.         You hereby warrant and represent that you own the copyright in the Licensable Content and have the right and authority to grant the licence contained in paragraph 2 and, further, that the use of the Licensable Content, in accordance with this Agreement and the Licence Agreement referred to in paragraph 2 above, will not infringe or violate the rights of any third party.

9.         You agree to indemnify and hold LIM harmless against all actions, claims, losses, costs, damages and expenses (including any legal costs or expenses incurred and any compensation, costs or disbursements paid by Us to compromise or settle any action or claim) suffered or incurred by it and arising from any claim inconsistent with the above warranties set out above.

       SUSPENSION AND TERMINATION

10.       We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

11.       We may terminate this Agreement in the event of any failure by you to comply with the terms of this Agreement, and we may in such circumstances take all or any of the following actions:

11.1     Immediate, temporary or permanent withdrawal of your right to use our site.

11.2     Immediate, temporary or permanent removal of any material uploaded by you to the Site.

11.3     Issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

12.       We exclude liability for actions taken in response to breaches of this Agreement. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THIS AGREEMENT

13.       We may revise this Third Party Contributor Acceptable Use Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

14.       You shall be deemed to have the status of an independent contractor, and nothing in this Agreement shall be deemed to place the Us and You in the relationship of employer-employee, principal-agent, partners, or joint venturers. You are responsible for any taxes or charges on the payments you receive from LIM.

15.       This Agreement shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.

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Clip Category

ACHILLES
AIRCRAFT
ALBERT MEMORIAL
ANIMALS IN WAR MEMORIAL
ARCHITECTURE MISCELLANEOUS
BANK OF ENGLAND
BATTERSEA POWER STATION
BATTERSEA POWER STATION NEW
BIG BEN
BOND ST
BOROUGH MARKET
BRICK LANE
BRIDGES
BRITISH LIBRARY
BRITISH MUSEUM
BRITISH MUSEUM INTERNALS
BROADCASTING HOUSE
BT TOWER
BUCKINGHAM PALACE
BUSES
CAMDEN MARKET
CANARY WHARF
CHANGING OF THE GUARD
CHELSEA HOSPITAL
CHINA TOWN
CHRISTMAS
CHURCHES
CITY
CITY CANARY WHARF NEW
CITY HALL
CLARENCE HOUSE
CLOUDS
COMMUTERS
COUNTY HALL
COVENT GARDEN
DIANA MEMORIAL FOUNTAIN
DOCKLANDS
DRIVING
EMBANKMENT
EMBASSIES
EROS
GREENWICH
GROSVENOR SQUARE
HAMPTON COURT PALACE
HARRODS
HIGH RISE
HMS BELFAST
HOLLAND PARK AND KENSINGTON
HORSEGUARDS PARADE
HOUSES OF PARLIAMENT
HYDE PARK
HYDE PARK CORNER
IMPERIAL WAR MUSEUM
IMPERIAL WAR MUSEUM INTERIORS
KENSINGTON PALACE
KENWOOD HOUSE
KEW GARDENS
LEICESTER SQUARE
LINCOLN'S INN
LONDON BRIDGE
LONDON DUNGEON
LONDON EYE
LONDON MARATHON
LONDON ZOO
LORD MAYORS SHOW
MADAME TUSSAUDS and PLANETARIUM
MARBLE ARCH
MI6 HEADQUARTERS
MISCELLANEOUS
MISCELLANEOUS 2
MONSOON BUILDING
NATIONAL GALLERY
NATIONAL THEATRE
NATURAL HISTORY INTERNAL
NATURAL HISTORY MUSEUM
NELSON'S COLUMN
NEW SCOTLAND YARD
NOTTING HILL
NOTTING HILL CARNIVAL
O2 ARENA
OLD BAILEY
OXFORD STREET
PADDINGTON
PICCADILLY CIRCUS
PORTOBELLO MARKET
PRIMROSE HILL
REGENTS PARK
RICHMOND
ROYAL ACADEMY MUSIC
ROYAL ACADEMY OF ARTS
ROYAL ALBERT HALL
ROYAL COURTS OF JUSTICE
ROYAL OBSERVATORY
ROYAL OPERA HOUSE
SCIENCE MUSEUM
SCIENCE MUSEUM INTERNAL
SELFRIDGES
SERPENTINE
SERPENTINE GALLERY
SHERLOCK HOLMES MUSEUM
SHOPPING
SKYRIDE
SNOW LONDON
SOHO
SOUTH BANK
SPEAKERS CORNER
SPRING
ST JAMES
ST PAULS CATHEDRAL
SYON HOUSE AND PARK
TATE BRITAIN
TATE MODERN
TATE MODERN INTERNAL
TEMPLE
TESTING
THAMES
THAMES BARRIER
THE MALL
THEATRES
TOURISTS
TOWER BRIDGE
TOWER OF LONDON
TRAFALGAR SQUARE
TRAIN STATIONS
TRELLICK TOWER
TROOPING OF THE COLOUR
UNDERGROUND
VICTORIA ALBERT INTERNALS
VICTORIA and ALBERT MUSEUM
WALLACE COLLECTION
WATERLOO BRIDGE
WEST END NIGHT
WESTFIELD SHOPPING CENTRE
WESTMINSTER ABBEY
WESTWAY
WINDSOR