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Media Library Terms & Conditions

Acceptance of Terms

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that One Firefly may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 One Firefly LLC may change these Terms of Use from time to time. Your access and use of any media owned by One Firefly LLC will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.


Intellectual Property

2.1 One Firefly LLC remains the sole owner of all right, title, and interest in any and all media associated the Media Gallery product and reserves all rights not expressly granted under these Terms of Use. One Firefly LLC may modify, replace, or discontinue the license or any part thereof at any time, for any reason, with or without notice, in One Firefly’s sole discretion.

2.2 All content on this site and all content associated with the Mercury Pro website product, including but not limited to Images, Footage, Music, and related metadata (collectively the "One Firefly Content"), as well as the selection and arrangement of the One Firefly Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any One Firefly Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and One Firefly, One Firefly does not grant any express or implied permission to use any One Firefly Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any One Firefly Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with One Firefly Content.


Use of Content Owned by One Firefly

3.1 Use of any Content owned by One Firefly is never inherently permitted. One Firefly has outlined criteria below that identifies the conditions and parameters necessary for limited use-case of accessing, displaying and utilizing One Firefly Content. Only when the below criteria have been met will use be permitted.

3.2 Only Content that One Firefly has labeled “Mercury Pro Website Content” shall be eligible for use by Qualified Client (defined below). No other content, including but not limited to Images, Footage, Music and related metadata is permitted to be used at anytime.

3.3 Qualification for Use. Client will be considered “Qualified” or “eligible” to use content associated with the Mercury Pro product for their One Firefly-sponsored marketing campaigns, only if they have met all of the following criteria:
Client has purchased and paid in full for a “Mercury Pro” Website.
Client currently hosts their website with One Firefly (if also intending to use any Video content associated with Mercury Pro Websites.)
Client is currently spending $400USD or more per month in a marketing program with One Firefly.
If, at anytime, any of the above criteria have not been met or status has changed, a client will not be considered Qualified and thus will not be eligible to use any Content owned by One Firefly.

3.4 Permitted Use of Content by Qualified Clients. Mercury Pro Content may be used for Qualified Client’s campaigns at the sole discretion of One Firefly’s marketing team only for Qualified Client’s marketing initiatives. Qualified Clients will not be permitted to use One Firefly Content for any other purpose, including marketing initiatives not directly related to or associated with One Firefly’s sponsored marketing campaigns, unless given expressed written consent by One Firefly.



4.1 You agree to defend, indemnify and hold harmless One Firefly, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use One Firefly Content, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the One Firefly Content, or your violation of any rights of another.



5.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Florida. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. One Firefly shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of One Firefly, such action is necessary or desirable.

5.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Florida, without respect to its conflict of laws principles.

5.3 In the event of any conflict between these Terms of Use and any license agreement you enter with One Firefly, the terms of such license agreement shall control.

5.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.