Video Media Commercial Use License

Licenses / Commercial Use License / Video Media Personal Use License

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Important: This is a valid legal document with legal effect.

Read this license to learn about the terms that apply to each video that you purchase from StartupRemedy.com.

This agreement applies to any video media produced, downloaded, streamed or otherwise sourced from StartupRemedy.com.

When you, a client or registered user of the Startup Remedy website (hereafter referred to as “Licensee”), download video media from StartupRemedy.com, you agree to be bound by the terms of this License Agreement, the Startup Remedy Privacy Policy and Terms of Use. The Privacy Policy and Terms of Use are incorporated into this License Agreement by reference. Subject to the terms and conditions contained in this License Agreement, you are granted certain rights to use any video media that you download for commercial purposes including publication on websites, social media and display at events of meetings.

ACCEPTABLE USE (YOU MAY)

For Paying Licensees: The Video Media (Commercial Use) License grants you, the purchaser, a worldwide, non-exclusive, perpetual commercial-use license to download and copy the accompanying image(s) or video(s) (collectively, \”Media,\”) subject to the following terms:
You are licensed to use the Item as-is or to create One Single End Products that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item and the end product may be sold an unlimited number of times.

Examples of End Products: DVDs, websites, games, presentations, online videos, corporate videos, films, TV shows and advertisements.

2.a. For Non-paying Licensees: Please refer to our personal use license.

This license includes the right to utilize the Item through communication to the public (performance), broadcast, display, distribution, and reproduction. Read on for things that you can’t do with the Item.

Example: You may publish for free or commercial, monetized or not, for-profit or not-for-profit – you can sell the Single End Products as many times as you like!

You can create End Products for yourself or for your clients. If you create an End Product for a client, then this license is sub-licensed to your client only for use in that specific End Product.

This means that your client can use the Item within the End Product on these license terms. But your client cannot extract or use the Item separate from the End Product! You are responsible for making sure that your client is aware of this, and these license terms.
You can make any number of copies of each End Product. You can distribute an End Product through multiple media, and you can broadcast it or make it available online to an unlimited number of viewers.
You can modify or manipulate the Item, or combine the Item with other works, to suit each End Product. The resulting works based on the Item are subject to the terms of this license. You cannot claim ownership to the Item, whether it’s in original form or altered under this clause. You can do the things allowed in this clause as long as each End Product you then create is one that’s permitted under clause 2.

Examples: you can edit, loop or stylize a video clip to suit your project. See clause 16 for more information about ownership rights in the Item.

Although this is a “single application” license, under one license you may make allowed variations of an End Product.

Examples of allowed variations: “cut down” versions of a single film trailer or advertisement; language translations of a single video.

UNACCEPTABLE USE (YOU MAY NOT)

This is a “single application” license for One Single End Product, so you will need a separate license for each different End Product.
You can’t re-distribute the Item as a video file, as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, even if you modify the Item. You also can’t re-distribute the Item as-is or with superficial modifications.

Examples: You can’t modify a video clip and distribute it as part of a VJ loop pack. You can’t simply stylize or recolor a video and sell it as your own.

9.a. The audio file(s) used in a Video (“Audio”)may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Video. Further, the Audio, may not be resold, licensed, leased or in any way distributed to any third party.

9.b. Release or redistribution of the Audio (e.g., making it available for download via the internet) is not permitted.

You can’t use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Item in this way only if you purchase a separate license for each final product incorporating the Item that is created using the application.

Examples of “on demand”, “made to order” or “build it yourself” applications: online video or animation rendering services, “create your own” slideshow apps, and e-card generators. You will need one license for each product created by a customer, or contact us to discuss.

You can’t use the Item (or still images extracted from it) for merchandising, which means an End Product where the primary value of the product lies in the Item itself.

Examples: screensavers, e-cards, still images used in physical products like t-shirts and calendars.

You must not permit an end user to extract the Item and use it separately from the End Product.
You can’t claim trademark or service mark rights over the Item within the End Product.

LAWFUL USE TERMS

You can only use the Item for lawful purposes. Also, you can’t use Item in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.

You must not use the Item in violation of any export laws that apply to you.

This license applies in conjunction with the Startup Remedy terms of use policy. If there is an inconsistency between this license and the Startup Remedy Terms, this license will apply to the extent necessary to resolve the inconsistency.
Term and Termination: This License begins on the Effective Date and is granted in perpetuity. This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the Item, which includes no longer making copies of or distributing the End Product until you remove the Item from it.
The author of the Item retains ownership of the Item but grants you the license on these terms. You can’t claim ownership of the Item, even if modified under clause 6, for example through content identification systems.

Example: if you use a video clip synced in your video, you can’t claim rights to the video clip (eg through applying “ContentID” or similar systems to the video clip).

This license is between the author of the Item (Startup Remedy, LLC) and you.

Additional Terms

This License incorporates by reference the most current Terms of Use and Privacy Policy of Startup Remedy.

Intellectual Property

As between the parties, Startup Remedy LLC or its licensors owns all right, title, and interest in and to the Licensed Music and Video Footage. All rights
not expressly granted herein are specifically reserved by Startup Remedy LLC or its licensors.

Royalties

In consideration of the rights granted under this License, Licensee agrees to pay the License Fees.

Credit and Attribution

Non-Paying Licensee shall use best efforts to credit StartupRemedy.com by including such credit in the final edited version of the
video media. Recommended language for credit is: \”[Video Produced by StartupRemedy.com].\” If the Work is posted to YouTube/Facebook/Instagram, the credit language should be posted in the video description.

Paying Licensee – No credit attribution is required.

REFUND TERMS

Due to the nature of the digital download, we do not accept refunds, returns, exchanges, or cancellations.

Please contact us if you have any problems with your order.

Once you have paid for video media, you must keep your license to verify yourself as an official licensee. You must be able to show the license on demand.

Any violation of this license will be subject to revoking this agreement and potential legal action may ensue.

NO LIABILITY

Under no circumstances will the product creator, programmer or any of the distributors of this product, or any distributors, be liable to any party for any direct, indirect, punitive, special, incidental, or other consequential damages arising directly or indirectly from the use of this product. This product is provided \”as is\” and without warranties.

Use of this product indicates your acceptance of the \”No Liability\” policy. If you do not agree with our \”No Liability\” policy, then you are not permitted to use or distribute this product (if applicable.)

Failure to read this notice in its entirety does not void your agreement to this policy should you decide to use this product.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The liability for damages, regardless of the form of the action, shall not exceed the actual fee paid for the product.

If you disagree to these terms, please refrain from using this product.

Anyone caught not abiding to these terms will have their license revoked and a possible infringement notice will be made to their web host for removal.

If you suspect anyone not abiding to these terms, please report it by directly contacting the supplier at: https://support.startupremedy.com

Definitions

Term used	Meaning
End Product	See clause 2.
You, Licensee	Yourself or your business entity. For an employee acting on behalf of an organization, that organization.
Commercial Use	any reproduction or purpose that is marketed, promoted, or sold and incorporates a financial transaction.
Personal Use	This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be resold, re-licensed, or sub-licensed. The Media may not be used in full broadcast advertising. (See Commercial Use License)
Paying Licensee	A person or business that has paid for the video and/or images from StartupRemedy.com.
Non-Paying Licensee	A person or business that has downloaded free videos and/or images from StartupRemedy.com.

Version 1.0, effective date: 1 September 2013
Updated 1 January 2019