End-User License Agreement
This agreement is a legal document between you (“End-User”) and ImageWorks, Inc. ("CineMoti"). Please read this agreement in detail before downloading any CineMoti Media ("Media"). As defined in this agreement, Media means, any video(s), animations, films, clips, audio, sound effects or other audio/visual media, software or templates, including but not limited to Adobe® After Effects projects, LUTs, motion backgrounds or similar, recorded or transcoded into any format, from CineMoti. By downloading any Media, you agree to be bound by the terms of this agreement.
CineMoti reserves the right to change the terms of this agreement at any time, and you agree to be bound by such changes. If you do not agree to the terms, as might be occasionally amended, do not download or use any Media and cease use of this website.
GENERAL INFORMATION
1. All Media on the CineMoti website is protected by United States and international copyright laws and treaties. CineMoti and/or the various filmmakers and/or companies that provide Media to CineMoti ("Owners") own all rights, including the copyrights in and to the Media. CineMoti and/or its Owners reserve all rights in and to the Media not expressly granted to you by the terms of this license.
2. Your rights to use the Media are subject to this license agreement and your payment to CineMoti for use of the Media. If you fail to make payment to CineMoti, or a PayPal or credit card charge is refused or charged back, your rights to use the Media may be revoked. If this occurs, and all payments in addition to any of CineMoti's costs of collection, bank fees and/or credit card processing fees are not received by CineMoti within ten (10) days from the original payment date, then your license for use of the Media and/or account will be terminated.
3. CineMoti has no obligation to refund any fees paid by you for Media under any circumstances. However, in the case that CineMoti determines that you are entitled a refund for all or part of any fees, the refund will only be made to the credit card or PayPal account originally used to purchase the Media.
4. The work you produce with the Media must be used for yourself, client, employer or customer, who must be the End-User of your work. You agree to take all reasonable steps to prevent third parties from duplicating any Media.
LICENSE TERM
CineMoti grants to you a perpetual, non-exclusive, non-transferable worldwide license to use the Media for the Allowed Uses (as explained below). All other rights to the Media, including, without limitation, all copyright and other intellectual property rights relating to the Media, are retained by CineMoti, it's Owners and/or the filmmaker or company who produced the Media.
ALLOWED USES
Through this Agreement, CineMoti grants you a personal, non-exclusive, non-transferable, right to use, modify and reproduce the Media by incorporating it into, but not limited to, works such as independent feature films or short films, web series, documentaries, multimedia presentations, corporate videos, PSAs, promotional videos, industrials, online advertisements, broadcast commercials, live performances and/or websites and displaying and/or distributing that work to the public by any means now known or hereafter developed in the future.
If you have any questions as to whether your proposed use is an Allowed Use, you should contact CineMoti at info@cinemoti.com.
PROHIBITED USES
The Media may not be resold, sub-licensed, reproduced, distributed, displayed, incorporated into or otherwise made available, in whole or part, as stock elements, backgrounds, templates, effects elements or downloadable files. The Media and any work containing the Media may not be included in any other stock media or footage products, collections, libraries or set of individual clips designed for resale. These restrictions apply regardless of whether the Media has been significantly altered or is in its original form.
You may not share the Media online in a downloadable digital form or make it available via FTP, peer-to-peer, or other file sharing services.
If the Media is used in a project that will be reproduced, sold or distributed (for example; feature films on DVD or digital download, web series, training videos, etc.) the Media may not comprise more than fifty percent (50%) of the length of the completed work, even if the Media is layered with other graphics and/or video elements.
You may not use the Media in any way that might be considered defamatory, obscene, immoral, libelous or illegal. This includes use of the Media in a way that places any person or place contained within the Media in a negative light or depicts them in an offensive way. This includes, but is not limited to use of the Media in real or parody situations of: 1) pornography; 2) cigarette or tobacco advertisements or uses; 3) commercials or promotions for escort, dating or similar services; 4) political advertisements or endorsements; and/or 5) advertisements for pharmaceutical products, including, but not limited to personal hygiene or sexual dysfunction products. The Media may also not be used in a way that would defame, slander or libel the people, property, countries, races, religions or cultures depicted in the Media.
The Media shall not be incorporated into a logo, trademark or service mark. All trademarks and service marks visible in the Media are and shall remain the exclusive property of the trademark or service mark owner. If there are any incidental trademarks or logos contained in the Media, you may not alter these items or use them in any way which implies an association with or an endorsement by the owner(s) of such trademarks.
ADDITIONAL ITEMS
1. You may not use automated programs, applets, bots etc., to download Media.
2. You must keep the copyright information and the CineMoti ID number associated with the Media file(s).
3. You may make one (1) copy of the Media for back-up purposes only.
4. If CineMoti removes any Media for any copyright or other reason, you will remove the Media from your computer systems and/or storage devices (cloud or physical) and, if possible, cease any future use of the removed Media at your own expense. CineMoti shall provide you with comparable Media (determined by CineMoti within its reasonable judgment) free of charge, but subject to the other terms and conditions of this agreement.
5. Media with talent releases and/or property releases will be marked on the CineMoti.com website and can be used in any and all commercial productions.
6. Media which contains the likenesses of individuals for which no talent release is available will be categorized as "Editorial". CineMoti does not provide any copyright clearances or talent or property releases with respect to this type of Media. No rights or no warranties, other than those specifically set forth herein, are granted with regard to the use of names, people, trademarks, or copyrighted designs, works of art or architecture portrayed in this Media. The End-User shall be solely responsible for determining whether additional clearances or releases are required with any proposed use of said Media. You acknowledge that some jurisdictions prevent the use of a person's image, likeness or property for commercial purposes without their written consent. CineMoti makes no representations or warranties regarding whether or not any additional fees or payments may be due to anyone, association or other organization for use of this type of Media.
7. When incorporating the Media into a commercial independent film or broadcast production, you shall make every reasonable effort to include an onscreen credit for CineMoti with a copyright attribution, as follows: "Stock media licensed through CineMoti.com"
LIMITATION OF WARRANTIES AND LIABILITY
CineMoti is owned and operated by ImageWorks, Inc., a Texas corporation, which is the actual party to this Agreement. The CineMoti.com website can be accessed from many countries around the world. Each of these jurisdictions have laws that may differ from those of the State of Texas. You hereby consent to the personal jurisdiction of the state and federal courts within the State of Texas. Any and all disputes arising out of, under or in connection with this Agreement shall be submitted there.
You agree any actions and disputes arising from or relating to this Agreement will need to be in writing and sent by mailing a copy by registered or certified mail, postage prepaid, to the other party. This agreement shall be construed neither against nor in favor of either of the parties, but rather in accordance with the fair meaning thereof. If CineMoti is required to go to court or arbitration, you agree to reimburse CineMoti for its legal fees, and other costs associated with the action, if CineMoti is successful.
This Agreement is not assignable without CineMoti's prior consent. CineMoti may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
You agree to indemnify and hold ImageWorks, Inc. (“CineMoti”), its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Media other than the uses expressly permitted by this agreement. You further agree to indemnify CineMoti for all costs and expenses that CineMoti incurs in the event that you breach any of the terms of this or any other agreement between you and CineMoti.
Except as specifically provided herein, neither CineMoti or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Media.
CineMoti warrants and represents that unaltered Media downloaded and used in full compliance with this Agreement and applicable law:
a. will not infringe any copyright, trademark or other intellectual property right;
b. will not violate any third parties' rights of privacy or publicity;
c. will not violate any U.S. law, statute, ordinance, or regulation;
d. will not be defamatory or libelous, and will not be pornographic or obscene.
While CineMoti makes every reasonable effort to ensure the accuracy of Media categories, keywords and descriptions, as well as the integrity of our Editorial Media, CineMoti makes no warranties and/or representations regarding such categories, keywords, descriptions or integrity of the Media.
Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with CineMoti, CineMoti shall defend, indemnify, and hold you harmless up to the "Limits of Liability" (as hereinafter defined).
OUR “LIMITS OF LIABILITY” UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OF ANY OR ALL OF THE CINEMOTI WEBSITE OR THE MEDIA CONTAINED WITHIN THE SITE, IN ANY MANNER, SHALL BE LIMITED TO THE FEES COLLECTED BY CINEMOTI FOR THE PURCHASE AMOUNT OF THE MEDIA THAT IS THE SUBJECT MATTER OF THE CLAIM, OTHERWISE THE AMOUNT SHALL NOT EXCEED $500 U.S. DOLLARS.
Such indemnification shall only apply to claims for damages directly attributable to CineMoti's breach of the aforementioned warranties and representations, together with any expenses arising out of any directly connected legal proceeding claiming that the possession or use of said Media downloaded by you pursuant to this License Agreement violated CineMoti's warranties contained herein.
This indemnification is conditioned upon you notifying CineMoti, in writing, of any such claim, no later than ten (10) business days from the date of said claim. CineMoti shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with CineMoti in the defense of any such claim and shall have the right to participate at your own expense. CineMoti shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim.
CineMoti shall not be liable for any damages, costs or losses arising as a result of alterations made to Media or the context in which the Media is used by you.
IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH CINEMOTI, CINEMOTI SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT OR REVOKE THE END-USER LICENSE WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO CINEMOTI'S OTHER RIGHTS UNDER THE LAW.
YOUR RIGHTS UNDER THIS AGREEMENT SHALL IMMEDIATELY TERMINATE UPON YOUR CEASE OF BUSINESS, INSOLVENCY, ASSIGNMENT OF ASSETS FOR THE BENEFIT OF CREDITORS, BANKRUPTCY OR APPOINTMENT OF A TRUSTEE FOR ALL OR A PORTION OF YOUR ASSETS. UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, YOU SHALL IMMEDIATELY CEASE ALL USE OF THE MEDIA IN ANY FORM AND IMMEDIATELY RETURN OR DESTROY ALL COPIES OF MEDIA. ANY CAUSE OF ACTION THAT CINEMOTI MAY HAVE AGAINST YOU FOR BREACH OF THIS AGREEMENT PRIOR TO THE DATE OF TERMINATION SHALL SURVIVE SUCH TERMINATION.
CINEMOTI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF ANY RELEASE ASSOCIATED WITH ANY MEDIA EXCEPT AS PROVIDED ABOVE. THE MEDIA IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE MEDIA WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE MEDIA IS WITH YOU. SHOULD THE MEDIA PROVE UNUSABLE, YOU ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
CINEMOTI DOES NOT WARRANT THAT THE CINEMOTI.COM WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE.
END-USER UNDERSTANDS THAT YOU SHOULD SEEK COMPETENT LEGAL COUNSEL BEFORE USING ANY MEDIA FOR COMMERCIAL PURPOSES.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CINEMOTI SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DAMAGES (WHETHER GENERAL, PUNITIVE, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL) OR LOST PROFITS, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE MEDIA, OR OTHERWISE, EVEN IF CINEMOTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT SHALL CINEMOTI'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE CINEMOTI WEBSITE AND/OR MEDIA CONTAINED THEREON EXCEED THE LIMITS OF LIABILITY.