1. The present LICENSE AGREEMENT ("the Agreement") is concluded between you ("Purchaser") and VIDEOPLASTY SRL ("the Company"), the owner of the website videoplasty.com ("the Site") and it describes the terms and conditions under which the Purchaser can download and use our products ("Digital Assets").
2. By purchasing our digital assets you agree to all applicable legal documents, including the terms of the present License Agreement. As such, you hereby declare you have fully read, understood and agreed to all of the Company's applicable legal documents and the present License Agreement and that you are fully capable, from a legal standpoint to do so:
a. you are of consenting age and nothing prevents you from entering into this Agreement;
b. you are authorized to enter into this Agreement personally, if that is the capacity in which you enter, and by doing so you do not infringe upon any other obligation you may have;
c. you are authorized to enter into this Agreement as a representative of a natural person or legal entity, as such details were specified upon your purchase of our digital assets. - With the scope of clarity, if a natural person acts as a representative of another natural person or of a legal person, the purchased license is the property of said representee and not that of the representative, bearing accurate description of such upon the purchase of the license.
The accurate description of the relationship between a representative and a representee is the sole responsibility of the person entering these details, as described above, thus the Company bears no liability if the license agreement is issued wrongly, but in accordance with the details provided.
3. You hereby agree and confirm that the Company is the sole owner of all rights concerning the Digital Assets, including but not limited to intellectual property right and copyrights and furthermore that you do not and will not obtain any rights whatsoever in regard to the Digital Assets, save from the right of use as detailed and specified in the present Agreement.
II. OPENING AN ACCOUNT WITH US
1. In order to use the Company's services as they are provided through its Site, respectively to purchase the Digital Assets and to use them as specified in this Agreement, you are required to open an account on the Site and provide full and accurate details, and pay the corresponding price for the License.
2. Should you not provide full or accurate details, as described above or should you use details, such as an email address that does not belong to you, the License Agreement you will obtain will be invalid and furthermore you expose yourself to liability, civil or even criminal if you use details that belong to a different person or impersonate another person, whether natural or legal.
3. The License Agreement will come into force upon payment.
4. You are obligated to protect the confidentiality and safety of your account credentials and you bear full responsibilities for the actions you undertake in your account. Should you find unauthorized use of your account you are obligated to inform us immediately at email@example.com
III. LICENSE TO USE
III.1. General License:
1. Use of the Site and that of the Digital Assets is subject to all legal documents of the Company, especially the Terms and Conditions of Use and the present License Agreement.
2. By the present License Agreement you are granted a nonexclusive, unlimited use license per digital asset, that you can use worldwide and in perpetuity, for both personal and commercial projects, in broadcasts, TV, advertising, websites and such for unlimited views, which includes use on platforms such as YouTube, including on videos that can be monetized.
3. The limits of the License are the following: you are expressly forbidden to redistribute, modify, resell, multiply or inflict any other such change on the Digital Assets you purchase from us. You are also forbidden to transfer the License, nor can you grant a sublicense, it is strictly personal, whether as a Licensee you are a natural person or a legal person. Furthermore, should you collaborate on your personal or commercial projects with third parties you are still required to abide by the present Agreement.
4. You are forbidden to use the Digital Assets in a manner that results in activities or undertakings that compete with the Company.
5. You hereby agree not to claim any ownership of any of the Digital Assets that you purchase from us, inclusive of by YouTube content identification.
III.2. Attribution License:
1. Whereas the Company has marked certain digital assets with “Attribution Required” the Purchaser can download said items free of charge.
2. By downloading said items the Purchaser acquires individual free licenses to use them called Attribution Licenses, under the same conditions as stated above in section III.1. General License, but under the obligation that the Purchaser gives appropriate credit to the Company by stating that the stock asset used is a “Stock Asset by VideoPlasty.com” and providing a link to the Company’s website as instructed on the download page of each such product. Failing to do so is a violation of this agreement.
3. The Purchaser must give credit to the Company for each individual digital asset marked with “Attribution Required” that he has downloaded.
4. The Purchaser may not imply by means of the credit given as per the above instructions that he or the material in which the asset was used is endorsed by the Company.
IV. FORBIDDEN USES
1. It is strictly forbidden to use our Digital Assets in a manner that they were not intended for use. This includes but is not limited to the following: illegal and/or any manner which may damage the Company and/or Site's reputation, that of the authors, or any other third party, including a use that infringes upon the rights and/or legitimate interests of the above mentioned persons/entities.
2. It is strictly forbidden to integrate the Digital Assets that you purchase from us in projects of personal and/or commercial use that imply, contain or promote: violence, encouragement of violence, pornography, racism, hate speech, discrimination against any one individual and/or category of persons regardless of the basis, should it be racial, religious, sexual, ethnical and so on, the infringing upon the Company's or third parties copyrights, intellectual property rights or other legitimate interests or rights.
3. The Company reserves the right to evaluate at its own discretion what constitutes a use of Digital Assets that is in violation with the clauses of this Agreement or other applicable legal documents, and you hereby undertake to accept the Company's decision in this regard, whatever it may be.
4. It is forbidden to use the Digital Assets in a manner that infringes upon a court order and/or that is forbidden by any law.
5. You hereby expressly accept that the Company might demand that you immediately cease to use any Digital Asset you may have purchased through the Site, should the Company receive a notice that the Digital Assets infringe or violate third party right, regardless of the nature of these rights. To the extent that you receive such a notification by the Company, as described above, you hereby undertake to immediately cease the use of such Digital Asset and to take all actions as instructed in order to make anyone that uses the Digital Assets on your behalf to also cease use.
V. EXEMPTIONS FROM LIABILITY
1. The Digital Assets and/or any other products or services offered through the Site by the Company are provided on an "AS IS basis" and on an "AS AVAILABLE basis". As such you have no right to bear any argument, claim or demand towards the Company for Digital Assets suitability for your needs.
2. Be advised that the provisions of the present Agreement are correlated and applied uniformly with all other applicable legal documents, such as The Terms and Conditions of Use.
3. The Company holds no liability in regard to the way you choose to integrate the Digital Assets you purchase from us as well as other elements that you might integrate in your projects, whether of a personal or commercial nature.
VI. INTELLECTUAL PROPERTY RIGHTS
1. All the information, Digital Assets and content included in the Site, the services and products offered herein, inclusive of text, illustrations, graphics, sound, software applications, photos and any other element are protected by copyrights and intellectual property rights of the Company and its authors. For more information in this regard, please consult our Terms and Conditions of Use.
2. This Agreement grants you authorization to use the Site the purchased Digital Assets only in accordance with its terms and those of other applicable legal documents.
VII. COMPANY RECOURSE IN CASE OF VIOLATION
1. You hereby agree that any unauthorized use by you and/or anyone on your behalf of the Digital Assets or in a manner that contravenes with the conditions set forth in the present License constitutes a breach of the License as well as a violation of copyright laws and/or that of intellectual property and the Company or any authorized representative shall be able to exercise all right granted to the Company by this Agreement, other applicable legal documents and/or applicable law. Be advised that you as a Purchaser are liable if the author of the violation is a person under your control. As such, the Purchaser is called upon to take any and all measured within his/her power to immediately cease the violation and/or limit its effects.
2. Should you violate the present Agreements or any other applicable legal documents the Company reserves the right to block your access to the Site, at its sole discretion and without prior notice and it may do without any prior notice, and you will bear no claim or demand in this regard.
3. Should you violate the present Agreement or the clauses in any of the applicable legal documents you undertake to indemnify the Company and anyone acting on its behalf for any of the costs incurred while exercising the rights the Company has against you as a Purchaser in the event of violation, including lawyer's fees and legal expenses.
VIII. NATURE OF ENGAGEMENT
1. You hereby confirm and declare that this Agreement is concluded between you as Purchaser of Digital Assets and the Company, through the Company's Site, the Company acting as licensor or provider of a license and you as a licensee, and that between the parties as stated in this clause exists no subordination.
2. Agreeing and undertaking the obligations of this Agreement and all other applicable legal documents is obligatory before purchasing any of our Digital Assets, there exists no cancellation or renunciation of the obligations undertaken by these legal documents, that is from the moment of engagement you are bound and cannot renunciate on your consent.
3. This Agreement might, from time to time, be subject to change at the sole discretion of the Company, and it will be published on the Site. You as Purchaser have the obligation to carefully read it before any purchase.
4. Be advised that the Company has the right to transfer or deliver its rights according to this Agreement and other applicable legal documents, in whole or in part to third parties, as it may see fit and at its sole discretion and does not need your consent in order to do so.
5. In the event that this Agreement is cancelled for any reason whatsoever, the License granted to you will be revoked for ex nunc(for the future) and any further use of the Digital Products by you as Purchaser or by any person you have control over is an illegal use.
6. In the event any of the clauses in the present Agreement are deemed invalid and/or unapplicable by a competent court of law, such will not affect the validity and/or applicability of the other clauses.
7. This agreement is governed by the laws of Romania, any disagreement arising by this Agreement shall be resolved in an amicable manner by the Parties. Should that not be possible, in the event of litigation, it shall be resolved by the competent courts in Bucharest, Romania.
8. For clarity, the present Agreement constitutes a complement to any other applicable legal documents and is not meant in any way, shape or form to be a derogation from any and all other applicable legal documents.
9. Any notice the Company shall send will be sent in writing on the email address you provide in the registration form on the Site. Any notice sent as described above will be considered a valid and legal notice.