Standard License Agreement
This Standard License Agreement (“Agreement”) is made between You and the Author. By purchasing a License (defined below), you agree to its terms.
Terms:
The parties and other defined terms:
“You” refers the purchaser of a standard license, under this Agreement. You are also sometimes called the “Buyer” or the “Licensee.”
“Author” refers to the creator of a certain piece of video footage, known as the Clip. This person is also sometimes called the “Licensor.”
“Clip” refers to a piece of video footage, date, and location created by the Author and offered for license through SnapMediaApp.com.
“End Product” refers to anything that is created by You with use of the Clip and is materially different from the Clip.
“Website” refers to www.SnapMediaApp.com
The grant of license. Upon selecting the Clip and submitting payment through the Website, you are granted a non-exclusive, royalty-free, ongoing, non-assignable, worldwide license, on the terms and subject to the conditions and limitations set out in this Agreement, to use the Clip in unlimited End Products of your creation. This license shall be for commercial use, editorial-use, or both, as specified in the Clip description. (All of this together is what is meant by the term “License” in this Agreement.)
Number of End Products. You can make unlimited End Products with this License.
What each of those terms means in the License:
Non-exclusive: Other people can license the same Clip from the Author.
Royalty-free: When you make money, you don’t have to pay any of that to the Author or SnapMediaApp beyond the initial license fee set forth in the Website during check-out. (In contrast, if it were a royalty license, you would have to pay something each time you make money on it.)
Ongoing: There’s no expiration date to use the Clip.
Non-assignable: You can’t re-license the Clip to another person, and you can’t sell your License or the Clip to another person. You also can’t give your License or the Clip to another person.
Exceptions: When you create an End Product, the user receives a limited license to use the Clip within that End Product. If you create that End Product for an employer or a client, it would receive the same limited license to use the Clip within that End Product.
Worldwide: The license is not bound to any particular geographic location. Options. Each Clip is designated as approved for commercial use, editorial-use only (news, non-commercial blogs, etc.) or both.
Commercial: You can make money from the End Products.
Editorial-Use Only. You can’t make money from the End Products.
Inclusions, limitations, and responsibilities of the License.
What you can do with the Clip. You can do any of the following things with the Clip:
Within the End Product, you can perform, broadcast, transmit, telecast, display, reproduce, distribute, publish, and communicate the modified Clip to the public. You can do any of these things as many times as you like, through as many channels as you like.
You can use, copy, modify, manipulate, couple, and synchronize the Clip within the End Product.
You can embed the modified Clip into a website, presentation, or other deliverable.
You can create an End Product for your client, employer, or business.
In order to create the End Product, you can use this License in the future with technology that has not yet been invented at the time that you purchase the License.
You can create unlimited End Products.
You can distribute each End Product an unlimited number of times.
What you can’t do with the Clip:
You can’t sell / license the stand alone Clip to someone else.
You can’t give it to someone else (With the exception, of course, of giving it to an employer or client within the creations of an End Product, or giving it to a team member – employee, independent contractor, or business partner – to help you create that End Product).
The Clip can’t be used on its own; rather, it must be used in an End Product (For example, you can’t license the Author’s Clip and then sell it in another marketplace).
You can’t use the Clip as part of a library or other compilation. The End Product must be new and different from the Clip, such as creating a product demo video with it (In other words, “making something with it” is more than simply adding it to a group of other clips and selling them all together, or adding them to the library for a piece of software. The End Product must be new and different from the Clip).
You can’t use Clips marked as “Editorial Use Only” commercially (You can, however, use a commercial Clip editorially).
You can’t stop other people from using it, if they have acquired their own, valid licenses of the Clip.
You can’t tell people that you created the Clip yourself.
You can’t use the Clip to create something that a reasonable person would find offensive, infringing on another person’s rights, pornographic, obscene, or defamatory.
You can’t use the Clip to create something that could reasonably harm another person, including libel and slander.
You can’t use the Clip to create anything that is illegal.
You can’t use a Clip that to create something that violates another person’s intellectual property rights.
You can’t use a Clip to create a trademark, service mark, logo, or any other End Product that is a type of intellectual property.
You can’t create End Products where the primary value of the End Product comes from the Clip. For example, you can’t make screen savers from the Clip, t-shirts, or coffee mugs from the still images within the Clip.
What you must do with the clip:
You must abide by the terms of this Agreement and the Privacy Policy.
You must use the Clip within the End Product in a manner that restricts the end user from extracting the Clip and using it separately from the End Product.
If you use the Clip for a piece of work for your employer or a client, a limited license is automatically transferred to that individual or company through the creation of that piece of work (The client or employer’s license is limited only to that particular End Product that you created for them. It becomes a part of that piece of work, as the End Product. The client or employer also can’t use the Clip again for another purpose).
Limitations:
You understand that the Clip you have selected was not developed to for your specific requirements, and so you might have to do some work to adjust it to your needs. No claims have been made that a Clip will meet any specific purpose, and Clips are offered as-is.
Ownership of intellectual property rights reserved by SnapMediaApp. SnapMediaApp retains all remaining rights to the intellectual property of the Clip, including being able to license the Clip to other parties without your knowledge or consent.
Payment. Complete payment must be successfully received before your License begins. If payment is rejected, refunded, or otherwise cancelled, your License is immediately voided.
No refunds. You understand that due to the nature of the material you are purchasing and the fact that you are purchasing it as-is, we offer no refunds. However, if you think that we should issue a refund for your purchase you should send as an email.
Taxes. You agree that you are responsible for determining if any taxes, usages, or license fees are due and for paying them.
Representations & Warranties (i.e., Promises). In entering into this Agreement, you and the Author each make several promises.
Using Editorial Content.
Sometimes, you’ll come across content that does not display a model release form in the video. An identifiable person must point to, display, or somehow acknowledge the form in the last one second of the 15 second video. If there is no form displayed this means that you cannot use it for commercial purposes. In other words, you can’t sell it, license it, or imbed it in your video and sell it or license it. Think of it as off-limits.
Examples:
Public domain clips with a person but no model release. Without that person’s permission, you can’t make money off of their likeness. The clip is still part of the public domain, but it can only be used for editorial purposes – e.g., the news.
Public domain clips showing intellectual property of another. Our fast-food video example above would probably fall into this category, if the video were part of the public domain. This video could only be used for editorial purposes, because the owner of the intellectual property has not consented to its commercial use.
Your promises:
You are at least 18 years of age and able to enter into a valid contract.
If you are entering into this Agreement on behalf of another person or an organization, you have the proper authority to do so.
You will abide by the terms of this Agreement and the Privacy Policy.
You promise that you will abide by all laws governing the use of this Clip and to familiarize yourself with country-specific laws that apply to its use.
Limitation of Liability, Hold Harmless, and “As-Is” Purchase. You understand that all purchases are as-is and with no warranty and agree that neither the Author nor the Website shall be liable if the Clip malfunctions or if there is any other problem with its use. If there is a problem with the Clip or your License, the maximum amount of damages allowed will be the purchase price of the Clip (This is called a limitation of liability. You can’t sue for $1,000,000 if you spent $25 to buy the Clip). Lastly, you agree to hold the Website and the Author harmless – in other words, you won’t blame us – if the Clip does not perform the way you expect or want it to.
The Author’s promises:
The Author has the legal authority to enter into this Agreement.
The Author will abide by the terms of this Agreement and the Privacy Policy.
For commercial licenses, the Author has obtained all necessary releases if required – models, minor models, and property – to warrant and defend the commercial license.
Termination of License.
This License is immediately terminated in the event that you violate this Agreement or our Privacy Policy. Upon termination, you must immediately stop using the Clip and remove the Clip from any End Product or other uses. If you used the Clip to create an End Product for an employer or client, that employer or client is barred from using the Clip as well. Any client or employer who violates the terms of this Agreement shall have its legal right to use the Clip terminated as well.
Other things to know:
Parties. This Agreement is between You and the Author.
Governing Law. This Agreement is governed by the laws of the State of Delaware, in the United States.
Agreement version: 12/19/2019