Digital Video Listings terms & Conditions

1. Standard License Terms

We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Digital Video Listings a division of  Sleepingbeagle Inc. hereby referred to as “DVL” or the supplier of the Content, as the case may be.

2. Permitted Standard License Uses

A. You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, unless:

1. The proposed use is allowable under an Extended License which is available for the Content;
2. Or if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a “Permitted Derivative Work” for the purposes of this Agreement). For example, you cannot superficially modify the Content, print it on a t-shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re-sale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, you should either obtain an Extended License or contact DVL 1-855-937-3857  for guidance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

B. Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.

C. Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:

1. Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
2.  Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
3. Online or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration Content or to a maximum of 640x480 for video Content;
4. Prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (i.) above, but not for resale, license or other distribution;
5. Any other uses approved in writing by DVL. If there is any doubt that a proposed use is a Permitted Use, you should contact DVL for guidance.

3. Standard License Prohibitions

A. Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:

1. Use the Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, flash templates, business card templates, electronic greeting card templates, and brochure design templates;
2. Use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);
3. Use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
4. Use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
5. Incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
6. Use the Content in a fashion that is considered by DVL (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
7. Use or display any Content that features a model or person in a manner
• a.  That would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor;
• b.  Or except where accompanied by a statement that indicates that the Content is being used for illustrative purposes only and any person depicted in the Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;
8. To the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
9. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
10. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement
11. Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
12. Use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
13. Use the Content for editorial purposes without including the following credit adjacent to the Content: “©sleepingbeagle.ca/Dan Herrick;
14. Or either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to CAN $0.02 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in websites or to broadcast by television, web-cast or theatrical production.

4. Excess Reproduction Run

In the event you contravene subparagraph 3(A.)(14.) above without purchasing an Extended License, you further agree to notify DVL in the event that you (or a combination of you and others involved with you) reproduce the Content, or an element of the Content in excess of 500,000 times. Such disclosure notice must be sent to DVL each and every month after which the Content, or an element of the Content, has been reproduced in aggregate over the term of this Agreement in excess of 500,000 times. Each such notice must contain the number of reproductions made in any particular month, provided however the first such notice will only be require disclosure of those reproductions which are in excess of 500,000. DVL shall invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.

5. Term of Agreement

A. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from DVL if at any time you fail to comply with any of its terms. Upon termination, you must immediately.

1. Cease using the Content and for any purpose;
2. Destroy or delete all copies and archives of the Content or accompanying materials;
3. And if requested, confirm to DVL in writing that you have complied with these requirements.

B. DVL reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.

C. Upon notice from DVL, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which DVL may be liable, you must immediately and at your own expense:

1. stop using the Content;
2. Delete or remove the Content from your premises, computer systems and storage (electronic or physical);
3. And ensure that your clients, printers or ISPs do likewise. DVL shall provide you with replacement Content (which shall be determined by DVL in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

6. Payment

A. New clients or other clients out of terms may be expected to pay in advance for their services.

B. All other invoices issued by DVL shall be paid by the Client within fifteen (15) days of the date of invoice unless otherwise agreed in writing by DVL. In the event of late payment, DVL may may apply a three percent (3%APR) finance fee monthly to any outstanding invoices. In addition, invoices unpaid for more than 60 days after the invoice date will incur a surcharge of either fifty dollars ($50.00) or five percent (5%APR) of the outstanding amount, whichever sum is greater compounded monthly.

C. If any amount of an invoice is disputed then the Client shall inform DVL of the grounds for such dispute within seven (7) days of delivery of the goods and shall pay to DVL the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.

D. DVL reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.

E. Prices are subject to change without notice.

F. All Deliver and Loss of Listing Guarantees are voided if client has a late payment of bill or an outstanding balance. 

7. Liability

I/We release DVL and its representatives from any claims or liability arising from collection, maintenance, use and disclosure of photographs and video imaging taken for listing and marketing the property.

8. Cancellation

In view of the nature of the service, any order – once confirmed by DVL – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith. A $150.00 cancellation fee will be applied to, but not limited to:

1. Situation - The weather is bad and unfit to drive or film. We do not jeopardize the safety of our staff or Contractors. They will not be expected to drive in unsafe conditions. A cancellation fee will be applied if the client fails to cancel the appointment after our staff/contractors have arrived at the scheduled appointment.
2. Situation - The property  is not clean/ready for filming and prep is clearly going to take more than 10 minutes. DVL maintains a high standard of digital storytelling will not photograph or film a property that is unpresentable. A cancellation fee is applied and the Customer Service Manager will reschedule the appointment.
3. Situation - The client calls to cancel a scheduled appointment. A cancellation fee will be applied if the client fails to cancel the appointment prior to our staff/contractors leaving for the scheduled appointment. (If our staff/contractors have not left for the appointment, the cancellation fee does NOT apply)
4. Situation - Our staff/contractor arrive at the scheduled appointment with no means of accessing the property.  We must be able to gain entrance to the property in order to film it. After contacting the client and confirming entry method if no entry point is enabled, the appointment is cancelled and a cancellation fee applies.
5. Situation - The client is greater than fifteen (15) minutes late and is scheduled to be present at the appointment to provide access to the property and/or take part in the filming process. We have a schedule to keep and cannot deviate from it.  A cancellation fee will be applied to a late arrival greater than fifteen (15 minutes).

9. Delivery

A. The majority of services as supplied by DVL are dispatched electronically by email and shall be deemed as having been delivered when the email has been opened by the client.

B. DVL reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient; in which case delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. DVL will be entitled to charge the Client for any expenses of delivery other than normal postage charge.

C. Products and Services supplied by Digital Video Listings are guaranteed by 5:00 pm the next business day (for photos) and within 3 business days (for video). The time presented on this site and/or concerning any activity shall be based on the MST time zone.

1. You understand that while the Internet and the World Wide Web generally are dependable, technical problems may prevent delivery of products & services within the guaranteed time frame. We shall not be liable for, and you agree not to hold or seek to hold us or any of our agents or service providers liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. We do not represent, warrant or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that we will have adequate capacity for the Site as a whole or in any geographic location. We do not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. We do not make any warranties or guarantees with respect to the site and its content.

10. GUARANTEE

1. Products and Services supplied by Digital Video Listings are guaranteed by 5:00 pm the next business day (for photos) and within 3 business days (for video). The time presented on this site and/or concerning any activity shall be based on the MST time zone.
   
   A. You understand that while the Internet and the World Wide Web generally are dependable, technical problems may prevent delivery of products & services within the guaranteed period. We shall not be liable for, and you agree not to hold or seek to hold us or any of our agents or service providers liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. We do not represent, warrant, or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that we will have adequate capacity for the Site as a whole or in any geographic location. We do not represent, warrant, or guarantee that the Site will provide uninterrupted and error-free service. We do not make any warranties or guarantees with respect to the site and its content.
   
   
2. If your listing expires and you lose it to a competing REALTOR®, we’ll complete another DVL video and/or Listing Photos for any listing you choose for FREE.
   
   A. We need to see viable proof (past & present Agent highlight sheet that provides an expiry date and list date) that your listing did expire and was re-listed with a different REALTOR® (not operating as a team member) within 2 weeks. B. This Guarantee is voided if the client is in arrears with their account or has a suspended account.

11. CONFIDENTIALITY

Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.

12. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF DVL AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DVL, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DVL RELATING TO THE SUBJECT OF THIS AGREEMENT.