1. All Rights Reserved

2. General Terms

3. Strictly Prohibited Uses

4. Personal Use

5. Community Group and Educational Use

6. Amateur and Student Video Productions

7. Corporate, Instructional and Commercial Video Producers

8. Public Broadcasters, Networks (including Internet) and or

9. Product Re-Badging and/or Resellers

1. All Rights Reserved

 

Copyright of photographic content, video and music from the KellyMedia web site, video tapes, CDs, DVDs and other content is always retained by KellyMedia Division of the Careers Research (Group) Pty Ltd.

A condition of sale to you of any KellyMedia content is that you agree and undertake not to re-sell, swap or distribute or allow to be distributed in any manner the product you buy from us. This specifically applies to social and cultural samplers such as those under the brands of "Models UpClose", "SmokeVision", "LightUpTime".

KellyMedia's Media Clips Library stock footage tapes, disks, downloads, documentaries and/or other productions are sold under the following terms and conditions of use.

Our web sites use image maps for navigation and are rich in picture content. Our picture content is produced on Apple Mac computers and may look unduly dark and murky viewed on some other types of computers. For best results we recommend viewing on Apple Mac computers but adjusting the brightness and colour controls on your computer monitor may give some viewing improvement.

2. General Terms:

 

These products represent either finished documentary productions, entertainment or are commercial samples often in the form of a compilation of scenes of various levels of technical and artistic quality on a specific social or cultural themes.

The samples and information provided at our web sites are approximate representations only and are not an accurate or comprehensive listing of the content of the Media Clips Library 'sampler reels' or other productions for sale. For best quality viewing purchase a DVD copy.

The Producers do not imply any expertise and/or understanding of the people, topics and activities recorded in our productions. The views recorded and represented are not necessarily those of the publishers.

These productions are not intended to be representative of an activity, group or behaviour nor are they presented as an instructional guide to any activity.

Background music provided is a sample only and further use must be purchased separately for each specific use.

3. Strictly Prohibited Uses:

 

Any use must properly recognise the copyright of KellyMedia and/or the original producer of the scenes and/or music (if other than KellyMedia) and give prominent credit for our Internet URL as www.kellymedia.net .

Any use must not be construed as presenting KellyMedia content as representative of the creative works, skill or product of any other individual, company or organisation.

Any use must not portray the people, products, locations, scenes, companies, organisations, religions, governments shown in any context that may be construed as humorous and/or derogatory and/or any other negative way.

Any use must not lead to embarrassment and/or injury and/or damage of any kind to the people, products, locations, scenes, companies, organisations, religion, governments appearing or portrayed in any part of a Media Clips Library or other KellyMedia production.

Any use must not portray any person or place appearing as representing and/or endorsing any particular view and/or opinion and/or product and/or activity other than what they have specifically stated as representative of their honest personal opinion and real life activities at the time of recording the scene.

Any use must not modify the context, artistic merit and/or reality of a scene including changes of colour, proportions and/or scale (other than length of scene used)

Use in any context that may be considered as political and/or religious in nature is forbidden.

Any use must not reflect poorly on the reputation, professional standing and quality of product produced by KellyMedia.

Any use must not contravene any law and/or government regulation.

The purchaser agrees that they do not intend any of the above prohibited uses for pictures, scenes and/or music originating from KellyMedia Network.

The purchaser indemnifies KellyMedia, its parent company, staff, contractors, performers, agents, sponsors and associates separately and collectively against any action arising from their downloading, purchase, and/or use of such scenes and that a breach of these conditions may also invite KellyMedia to take additional action over and above this indemnify for any damages arising.

The purchaser understands that these conditions may change over time and will refer to the latest Conditions of Use before each and every specific use of our scenes from KellyMedia and, if necessary will modify their actions to suit the conditions of the day. You agree to accept responsibility to ensure any third party users of a production using Media Clips Library scenes are also familiar with and agree to these conditions.

4. Personal Use:

 

KellyMedia documentaries, internet entertainment web sites and Media Clips Library 'sampler reels' are popular with private collectors, enthusiasts and students of social behaviour and such use is licensed on the following terms:

Regarding our stock scene “sampler reels” the purchaser understands that the product is primarily designed as a compilation of scenes on a particular topic intended for further production and no warranty as to quality or suitability for personal use is made or implied.

The scenes recorded are an actual representation of a particular location and people undertaking an activity they normally do regularly in real life at the point in time of recording. This does not imply suitability as an activity for you and you accept the responsibility to draw this to the attention of anyone you allow to view the production.

With regard to entertainment web sites, no warranty is provided as to updates or length of time available. Site content changes over time and may not include content presented as samples or preview content for that web site.

5. Community Group and Educational Use:

 

Suitability for use in an educational context is at the discretion of the teacher or group leader, who accepts responsibility to familiarise themselves with the appropriateness to community standards, regulations, laws of the local community and who also agrees also not to contravene the Prohibited Uses listed above.

The scenes recorded are an actual representation of a particular location and people undertaking an activity they normally do regularly in real life at the point in time of recording. This does not imply suitability as an activity for your viewers and you accept the responsibility to draw this to the attention of anyone you allow to view the production.

Any group or class display of content from KellyMedia’s productions must include credits and the attention of viewers must be drawn to the Conditions of Use at "www.kellymedia.net

6. Amateur and Student Video Productions:

 

Applicable only to content sold as part of KellyMedia’s Media Clips Library. Content of our entertainment web sites is not generally available for use by other parties for any reason.

Payment is limited to the purchase price of the tape or disk and, in the case of purchase by a school or community group Library, extends to productions that are a scheduled activity of students of that organisation, provided all of the above conditions are met, plus:

If a production making use of Media Clips Library scenes or music is sold or otherwise exchanged commercially, then KellyMedia will be informed in advance and the intended buyer will be advised of our copyright interest in some of the content.

Any use of our “finished” documentary productions must obtain written permission in advance. To apply for this we require a script outline for the intended production and detailed cue sheet of the KellyMedia scenes you wish to use.

When the production is demonstrated to have a commercial value of more than $10,000 KellyMedia and associated performers reserve the right to charge additional fees that will be negotiated based on the normal or average commercially applicable rates for the footage applying to the marketplace in which the transaction takes place or the audience size, whichever generates the greater fee.

7. Corporate, Instructional and Commercial Video Producers
(other than Public Broadcasting, Internet and/or Advertising Purposes)

 

Applicable only to content sold as part of KellyMedia’s Media Clips Library. Content of our entertainment web sites is not generally available for use by other parties for any reason.

Our Media Clips Library productions are sold as a Sampler or preview only for these producers, who are invited to request a quotation for the use of any specific scenes and/or to have a custom production made to suit their purpose. Sale of the Sampler does not imply that permission for any specific use will be granted.

8. Public Broadcasters, Networks (including Internet) and or Advertising Users.

 

Applicable only to content sold as part of KellyMedia’s Media Clips Library. Content of our entertainment web sites is not generally available for use by other parties for any reason.

Our Media Clips Library productions are sold as a Sampler or Preview only for these producers, who are invited to request a quotation for the use of any specific scenes and/or to have a custom production made to suit their purpose. Sale of the Sampler reel does not imply that permission for any specific use will be granted.

News production studios may negotiate an annual site fee for bulk and varied use of scenes from KellyMedia’s Media Clips Library. Sale of the Sampler reel does not imply that permission for any specific use will be granted. Our documentaries are not available for this use.

Internet Content Providers may negotiate an annual site fee for bulk and varied use of scenes from our Media Clips Library. Sale of the Sampler reel does not imply that permission for any specific use will be granted. Our documentaries are not available for this use.

9. Product Re-Badging and/or Resellers:

 

Any production where more than half the final run time comprises KellyMedia scenes and/or where it may be considered that the quality and value of the production is set by the KellyMedia content used, then this is considered as a re-badged product or reseller situation and requires specific written authorization in advance and the payment of additional fees. Sale of the sampler reel does not imply that a resellers or re-badging agreement will be granted.




Kelly Media Network

Web Services Suplied by A Better Deal For All