Terms and Conditions - Licensing Agreement

The Filmaroid Licensing Agreement

This licensing agreement is a legal agreement between Filmaroid, the Licensor or party who grants the right to use all royalty free stock on Filmaroid, and yourself, the Licensee or party who receives the right to use such royalty free stock.

Buying royalty free stock on Filmaroid automatically makes the buyer of such digital assets the Licensee and grants him a worldwide, non-exclusive, royalty-free license to use such assets in accordance with the terms and conditions in this Agreement.

Rights Granted

Purchasing royalty free stock grants the Licensee the following rights:

  1. Use all purchased stock photos, videos and audio in an unlimited number of personal and commercial projects for an unlimited time.
  2. Use the purchased stock photos, videos and audio without having to attribute the original author.
  3. Use the purchased stock photos, videos and audio with other projects by the Licensee including, but not limited to, video games, films, television, apps and websites, as long as these do not violate any law or regulation and are not used for producing pornographic, defamatory, or otherwise unlawful or immoral contents.
  4. Make copies of the purchased stock photos, videos and audio on hard drives and websites owned by the Licensee. All other copies, particularly those made on hard drives and websites which do not belong to the Licensee or that may serve to make copies available to unlicensed users, are not permitted.
  5. Use of all purchased stock photos, videos and audio in audiovisual projects such as Films, Television shows, Commercials, Youtube videos or similar, is limited to projects with a budget of US$50,000 or less. For projects with larger budgets, you must request an extended license from Filmaroid.
  6. Use of images in works that are intended to be printed is limited to 1,000 prints. For a larger or unlimited number of prints, you must request an extended license from Filmaroid.

The rights granted to the Licensee will not interfere with the rights, titles and interests of the Licensor over all royalty free stock on Filmaroid. The Licensor shall retain at all times the property over the stock photos, videos and audio and reserves all rights which are not expressly granted in this Agreement.

Indemnity

The Licensee shall release the Licensor of any liability and indemnification, past or future, due to claims, demands, suits, actions, causes of action, damages, charges and expenses, including attorney fees, that may arise as a consequence of using all or part of the purchased stock photos, videos and audio to infringe or violate the rights of a third party.

You will indemnify and hold Filmaroid, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages, costs, losses or liability of any kind arising from any use of the royalty free stock other than the uses expressly permitted by the license, terms and conditions. You further agree to indemnify Filmaroid for all costs and expenses that Filmaroid incurs in the event that you breach any of the terms of this or any other agreement with Filmaroid.

Warranty

The Licensor warrants that all royalty free stock photos, videos and audio on Filmaroid do not infringe the rights of any third party. Consequently, the Licensor has the authority to license and distribute the royalty free stock under the terms and conditions in this Agreement.

Liability

The Licensor shall not be liable for any damages, costs or losses due to the direct or indirect use of the royalty free stock on Filmaroid.

Restrictions

Several restrictions are imposed on the Licensee to prevent him from claiming authorship or misuse of any purchased royalty free stock photo, video or audio on Filmaroid. These restrictions include:

  1. Use the royalty free stock in a pornographic, racist, offensive, or deceptive context, or in a manner that could be considered defamatory, obscene, or illegal.
  2. Modifying the stock photos, videos and audio in order to claim authorship.
  3. Selling the purchased stock photos, videos and audio to third parties. The royalty free stock, however, can be included in projects by the Licensee that can then be sold as a whole.
  4. Transferring, assigning, sharing or subleasing the stock photos, videos, audio and LAB effects with third parties.
  5. Falsely represent, expressly or by way of reasonable implication, that the royalty free stock photos, videos, audio and LAB effects were created by the Licensee or a person other than the copyright holder(s).
  6. Uploading pornographic, racist, offensive, criminal or deceptive video content through the LAB platform. All of such cases will be tracked and reported to the competent authorities.

Use of Website

In addition, all Users of the Filmaroid website agree with the following terms:

  1. Provide correct and legal information concerning the User’s identity when making payments on Filmaroid.
  2. Restrain from any kind of reverse engineering techniques, misuse or hacking in order to get unauthorized access to databases, royalty free stock and any other information considered private by Filmaroid.
  3. Restrain from copying the photos, videos and audios on Filmaroid to use them, without license, on other websites or in projects, films, music, advertising, merchandise and any kind of virtual or tangible product.
  4. Restrain from eliminating watermarks from all protected photos, videos and audios on Filmaroid to use them on other websites or in projects, films, music, advertising, merchandise and any kind of virtual or tangible product.

Use of LAB Effects

All Users of the LAB platform are subject of the following conditions and observations:

  1. Provide correct and legal information concerning the User’s identity when ordering a particular effect.
  2. Restrain from any kind of reverse engineering techniques, misuse or hacking in order to get unauthorized access to the video editing process performed by Filmaroid.
  3. Restrain from eliminating watermarks from the effects to use them on other websites or in projects, films, music, advertising, merchandise and any kind of virtual or tangible product.
  4. Some of the effects may use third party overlay content during the editing process and are subject of the ANFX and the Brusheezy licenses.
  5. The user may opt to pay for processing our stock content or upload personal content for free. A Filmaroid watermark will be added to uploaded user videos that do not use additional Filmaroid content for rendering the effect. All paid effects will be free of watermarks.
  6. Users will be able to download the processed videos through our download center after the rendering finishes. A notification with the download link will be sent to the user after the order is placed and payment is processed.
  7. Users that opt to use the effect for free will be automatically redirected to the download center after the order is placed.

Termination

This Agreement shall terminate in case of breach by the Licensee of any of the above-mentioned terms. In such case, the Licensee shall no longer use any purchased photo, video and audio on Filmaroid in future projects.

Jurisdiction

In case of legal complaints, i.e. all claims, cause of actions or disputes the Licensee has with the Licensor as a result of or relating to this Agreement or the royalty free stock on Filmaroid, the Licensee shall resolve such claims in a court located in Cali, Colombia. The laws of the Republic of Colombia will govern this Agreement and all claims that may arise between the Licensee and the Licensor.

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