Welcome to b-roll cloud, a service owned and provided by Rain City Cinema LLC, and as such know herein as (“b-roll cloud”, “brollcloud.com“, “we”, “our”, “this website”, or “us”).

These Terms of Service (TOS) govern the use of b-roll cloud (the website with the Internet domain name of brollcloud.com) and its services.

The purpose of b-roll cloud is to provide a service whereby Filmmakers can interact and share at no charge (for free) their unused b-roll footage with Producers and in exchange may receive film credits and recognition for their video content.

Scope: This website, known as b-roll cloud, is open and available to all users, (registered and unregistered) however, only registered users with a Filmmaker’s account can upload video clips and receive film credits from Producers.  The terms outlined herein apply to all users whether or not they are account holders.

By using this website you agree to the TOS and agree to abide by the terms outlined herein and further agree that this is a legally binding agreement between you and b-roll cloud relating to your use of this website and its services.

In order to use this site you must be at least 18 years in age or are at least 13 years in age and have your parent(s) or legal guardian(s) permission to do so.

We reserve the right to change, modify or replace these Terms of Service.

We reserve the right, at any time, for any reason and without notice, to make changes to (i) this website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this website. Any modifications will take effect when posted to the website. Therefore, each time you access the website, you need to review the Terms of Service upon which access and use of this website is conditioned. By your continuing use of the website after changes are posted, you will be deemed to have accepted such changes. We will indicate on the website when the TOS have been revised, changed, or replaced. The date of revision will be located at the bottom of the TOS agreement.

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only.  However, b-roll cloud does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Rain City Cinema LLC’s website and the products and services b-roll cloud offers.  If you decide to access any of the third party sites linked to this website, you do so at your own risk. We reserve the right to terminate any link or linking program at any time. B-roll cloud disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

Gathering email addresses from b-roll cloud through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with b-roll cloud should be directed to: brollcloud@gmail.com

B-roll cloud respects the intellectual property rights of others.  If you believe something on this website has infringed your intellectual property rights, please notify our agent and provide the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The website’s Copyright Agent can be reached at:

Rain City Cinema LLC
3242W. Ames Lake DR NE
Redmond,WA98053
USA

(425) 880-6304
brollcloud@gmail.com

Filmmakers’ Section:

1) You acknowledge that you are the owner, originator or have the legal authority to upload the video clips and any audio you are sharing on b-roll cloud.

2) You further warrant that the clips you are uploading do not violate any U.S. or international copyright laws.

3) You further agree that the clips you are uploading are not libelous, or defamatory.

4) You further agree that the clips you are uploading are not pornographic, sexually explicit in nature, and do not contain any nudity, profanity or graphic violence.

5) You agree to hold Rain City Cinema LLC and its service herein after known as b-roll cloud harmless and indemnify it against all charges, lawsuits or claims which may arise from the use of your uploaded clip(s).

6) You agree that you retain the copyright to the clips you have uploaded, but your copyright claim is non-exclusive and allows for the “Creative Commons” sharing and use by others of your clips for commercial or non-commercial purposes, and that you are not entitled to payment or credits, and that it is the sole discretion of a Producer whether to pay or grant you credits in the film.

7) You agree that there is no guarantee or obligation that users (Producers) will download a clip of yours, and if they do, Producers may then decide not to use your clip(s) in their film project.

8) You agree that you or b-roll cloud may remove any of your clips from the website, but any prior Creative Commons usage will remain intact (grandfathered).

9) You warrant that if actors are used in your clips that you have their signed releases, and agree to produce copies of those releases at the request of a Producer. Failure to produce actors’ releases to a Producer will make it more likely that your clip(s) will be used.

10) You agree that your clip may be highlighted by b-roll cloud on this website, or used for other promotional purposes and that your name and likeness may be used if you “opt in” (provide your name, photo and bio when you create an account with b-roll cloud.)

11) When establishing an account, Filmmakers will be required to provide an email address, username and password. Your email address must be valid and remain valid to use and continue using b-roll cloud.

12) You are solely responsible for the security and confidentiality of your username, password and account and all activity emanating from it whether or not such activity was authorized by you.

13) If your password is lost or stolen, or if your account has been hacked by third parties, you should change your password immediately and notify b-roll cloud by email at: brollcloud@gmail.com

14) After your account has been terminated or cancelled all data and content residing in your account will be irretrievable and deleted by b-roll cloud, except to the extent that we are obligated or permitted for a certain amount of time to keep in accordance with applicable laws and regulations, or business purposes.

15) You agree not to upload videos that advertise, promote, sell any product, or promote any company, service, film project, website, or use this website for spamming purposes.

16) You agree not to ask for payment or other compensation for the videos you upload, however, if a Producer offers you compensation then you are entitled to accept such.

17) We reserve the right to terminate your account at our sole discretion for any breaches of these TOS, or an infringement of the rights of any third party, or any applicable laws or regulations. Further we reserve the right, at our sole discretion, to change, resign, delete, or rename certain usernames.

Producers Section:

You do not need to have an account to view, download or otherwise interact with b-roll cloud; however as a Producer you may also have a Filmmakers’ Account and upload video and audio content.  If you choose to have a Filmmakers’ Account, then see the Filmmakers’ Section of this TOS agreement.

1) You agree to hold Rain City Cinema LLC and its service herein after known as b-roll cloud harmless and indemnify it against all charges, lawsuits or claims which may arise from the use of any clip(s) that you download and use.

2) You agree that b-roll cloud does not warrant or guarantee the copyright authenticity on any video or audio uploaded to this website and that there is a risk that material you download and use may constitute a copyright infringement.

3) As a Producer you agree that any video and audio content you download from b-roll cloud will not be used in a film project that is libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation.

4) As a Producer you are encouraged to thank the Filmmaker by providing information about your project, and granting film credits to the Filmmaker.  Please provide this information in the Producer’s email to the Filmmaker window which you will see after you click on the download button.

5) You may compensate, pay, employee or otherwise reward a Filmmaker at your discretion but are not obligated to do so.

6) You are not obligated to use video clips or audio material you download or to give the Filmmaker film credits.

7) You agree that your use of any video or audio material downloaded from b-roll cloud is non-exclusive, and may be used for commercial, non-commercial or private purposes by you and others.

 

This TOS agreement was last updated on November 15, 2012