The Stock Footage provided to requestor (“You” or “Requestor”) shall only be used to promote Hawaii as a leisure travel or business meeting/incentive destination. Any use, whether or not commercial, that degrades, embarrasses, or tarnishes the reputation of the State of Hawaii, the Hawaii Tourism Authority, the Kauai Visitors Bureau (“KVB”), or the destination Hawaii, or is offensive to the Hawaiian culture 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. 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 KVB. Duplication of the Stock Footage for any future use is expressly prohibited. The Stock Footage must be returned to KVB in good condition within 30 days from issue date. You will be held responsible for replacement charges of any unreturned Stock Footage.
If KVB 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 tarnish the reputation of the State of Hawaii, the Hawaii Tourism Authority, KVB, or the destination Hawaii, or will be offensive to the Hawaiian culture, then HVCB 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.
Requestor acknowledges and agrees that if KVB incurs legal expenses as the result of Your breach of this Agreement, KVB 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 “Hawaii Tourism Authority.” Requestor understands and acknowledges that the Stock Footage, including any and all copyrights therein, is the property of the Hawaii Tourism Authority.
Three copies (DVD format) of the final produced piece that utilized the provided Stock Footage, must be provided to KVB upon completion of the piece.
