The Stock Footage provided to requestor (“You” or “Requestor”) shall only be used to promote Hawai‘i Island as a travel or business destination. Any use that degrades, embarrasses, or tarnishes the reputation of the State of Hawai‘i, the County of Hawai`i, the Hawai‘i Tourism Authority, the Hawai‘i Visitors & Convention Bureau, the Big Island Visitors Bureau (“BIVB”), the Hawai‘i Island Visitors Bureau or the destinations Hawai‘i and/or Hawai`i Island, whether or not commercial, is strictly prohibited.
If approved, the Stock Footage will be provided to you strictly on a one-time limited and restricted use basis for the show or production described above and during the Use Period specified above. You must submit a separate request, and obtain a separate approval, for any additional uses.
You shall not license, assign, convey, loan, rent, resell or transfer the Stock Footage to any other person, company, or division without prior written authorization by BIVB. Duplication of the Stock Footage for any future use is expressly prohibited. This Stock Footage must be returned to BIVB in good condition within 60 days from issue date. You will be held responsible for replacement charges of any unreturned Stock Footage.
If BIVB determines, in its sole and absolute discretion, that your use of the Stock Footage, or any part thereof, or the show or production in connection with which the Stock Footage is used, will degrade, embarrass, or will not portray or depict Hawai‘i and/or Hawai‘i Island favorably as a visitor destination, then BIVB may at any time (1) require you to immediately stop using the Stock Footage; (2) require you to remove the Stock Footage from any/all materials into which it has been incorporated; and (3) withdraw any or all of the permissions granted with regard to the Stock Footage.
At least five (5) business days prior to broadcasting or making publicly available the show or production that incorporates the Stock Footage, you must submit the show or production to BIVB for BIVB’s review of your compliance with the terms of this Agreement.
Requestor acknowledges and agrees that if BIVB incurs legal expenses as the result of your breach of this Agreement, BIVB shall be entitled to recover from Requestor, in addition to any other relief to which it is entitled, its legal expenses, including without limitation reasonable attorneys’ fees, costs, and expenses.
Credit must be provided to the “ Hawai‘i Tourism Authority ” and the “ County of Hawai‘i”. Requestor understands and acknowledges that the Stock Footage, including any and all copyrights therein, is the property of the Hawai‘i Tourism Authority and the County of Hawai‘i.
Three copies (VHS or DVD format) of the final produced piece, that utilized the Stock Footage, must be provided to BIVB upon completion of the piece.