License Agreement
Last updated: May 2020
Please read this License Agreement (“License Agreement”) carefully before downloading any content from Videomat (app.videomat.com). Capitalized terms that are not defined in this License Agreement have the meaning given them in our Terms of Use.
This License Agreement governs the terms by which Users of Videomat obtain the right to use Video Productions produced using the Videomat web application and Library Assets and Stock Media provided by Third Parties through this License.
If you download or export a Videomat Video Production you agree to be bound by the terms of this License Agreement, the Videomat Privacy Policy and Videomat’s Terms of Use which are incorporated herein and made a part hereof by reference. Videomat reserves the right to change any of the terms of this License Agreement at any time, and you agree to be bound by such changes. Please make sure that you read and understand all such changes. If you do not agree to this License Agreement, as may be amended from time to time, do not use, download or export any Video Production made using Videomat web application.
Your failure to comply with the terms herein could result in legal proceedings and the immediate termination of your account.
Definitions:
Video Production – it is a video file produced by User using Videomat web application consisting of a visual graphics with or without audio background. A Video Production is downloaded from Videomat as a single file in mp4 format.
Audio – an audio track chosen by the User from the library available in Videomat.
In case user uploads his own music track he must have a separate license from the author of the music, to use it in the Video Production. Videomat is not responsible for Video Productions made with music without proper license.
Library Assets – All assets such as video templates, animations, graphic designs and audio tracks available for User in Videomat Library for video creation.
1. Agreement Background
- All Library Assets and Stock Media on the Site is protected by international copyright laws and treaties. Videomat and/or its various Contributors own all rights, interests and title, including the copyrights, in and to the Stock Media. Videomat and/or its Contributors reserve all rights in and to the Stock Media not expressly granted to you by the terms of this License Agreement. Your rights to use any Video Productions are subject to this License Agreement and are conditioned upon your subscription (in case of a Free Plan) or payment (in case of a Paid Plan) to Videomat for your use of the Video Productions.
- All animations, video templates and video graphics available as part of the Videomat web application Asset Library are the sole and exclusive intellectual property of Videomat.
- If you fail to make any payment to Videomat when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. You still have the right to use any Video Production downloaded under a previous, valid payment, but your right to use any Video Production downloaded as part of an invalid transaction shall automatically terminate.
- Stock Media or Library Assets licensed under this License may be only used within a Videomat for creating Videomat Video Productions. The Stock Media or Library Assets licensed under this License may be used in an unlimited number of Video Productions without the payment of additional license fees, so long as any such use remains in compliance with the terms of this License Agreement.
- This License does not grant public performance rights to the Audio Track, and you, or any other party that publicly plays the Production, may be responsible for securing and paying for all public performance licenses for the Track included in a Production.
- You understand and agree that Videomat may, in its sole discretion:
- monitor anything you download from, export from or upload to Videomat, as frequently Videomat in its sole discretion determines, for any violation of this License Agreement;
- retain for an indefinite period details of a Video Production that you have Exported;
- track any abuse of your username and password in connection with the Services or in connection with this License Agreement;
- suspend and/or terminate your account, without notice, if it finds what Videomat believes to be any violation of this License Agreement and/or any abuse of your username and password (please see our Terms of Use). If your account is terminated for any violation of this License Agreement and/or any abuse of a username or password, you lose all rights to Video Productions, must immediately delete all Video Productions acquired from Videomat, and forfeit all fees paid;
2. License Terms
Subject to the terms and conditions hereof, we hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Video Productions created in Videomat for Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Library Assets and Stock Media, including, without limitation, all copyright and other Intellectual Property Rights relating to the Library Assets and Stock Media, are retained by Videomat and/or its Contributors as the case may be.
3. Permitted Uses
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Video Productions that contain Stock Media:
- advertising and promotional video projects, video presentations, commercials explanatory videos;
- school or university projects;
- social media post or video ads;
- online or electronic publications, including web pages, blogs and videos,
- any other uses approved in writing by Videomat.
All other rights to the Video Productions created in Videomat are expressly reserved by Videomat for itself and its Contributors.
4. Prohibited Uses
You may not do anything with the Video Productions or Library Assets and Stock Media that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:
- Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Videomat Video Production or the rights granted under this License Agreement;
- Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Library Assets (Audio and Video) and Stock Media or the rights granted under this License Agreement;
- Use any of the Library Assets (Audio and Video) and Stock Media as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- Remove any notice of copyright, trade-mark, watermark or other proprietary right from any place where it is on or embedded in the Videomat Video Production or Library Asset or Stock Media;
- Use the Videomat Video Production in a fashion that is considered by Videomat or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Stock Media into disrepute;
- Use the Stock Media in a way that places any person depicted in the Stock Media in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Stock Media containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
- Use Videomat Video Productions in a manner that competes with Videomat’s business including, but not limited to, displaying Video Productions in any format (including thumbnails) for download or Export on a website or offering Video Productions for sale;
- Use Videomat Video Productions for editorial purposes without including the following credit adjacent to the Video Production or in audio/visual production credits: “©[insert Contributor’s Name] created using Videomat.com”;
- Use Videomat Video Productions to create a derivative work based on it or incorporating the Videomat Video Production to other works;
- Incorporate the Videomat Video Productions in any product that results in a re-distribution or re-use of the Library Asset (Audio and Video) or Stock Media or is otherwise made available in a manner such that a person can extract or access or reproduce the Library Asset or Stock Media as an electronic file;
- To the extent that source code is contained within the Library Asset or Stock Media, reverse engineer, decompile, or disassemble any part of such source code;
- Use or display the Library Assets (Audio and Video) or Stock Media in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
m. use or display the Library Assets (Audio and Video) or Stock Media in such a manner that gives the impression that the Library Assets or Stock Media were created by you or a person other than the copyright holder of the Library Assets or Stock Media; - Store in public Internet places video templates downloaded from Videomat and enable to download them for other users in a way, that they can build own video productions outside Videomat;
- Split Videomat Video Production into smaller parts;
- Use the Audio Track separately from Video Production;
- Play the Audio Track in a public setting. This License does not grant public performance rights to the Audio Track, and you, or any other party that publicly plays the Video Production, may be responsible for securing and paying for all public performance licenses for the Track included in a Production.
5. Disclaimers
- Videomat does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Stock Media identified as “Editorial Use Only”, and shall be responsible for obtaining such release(s).
- While we have made reasonable efforts to correctly categorize, keyword, caption and title the video assets Videomat does not warrant the accuracy of such information and Videomat also does not warrant the accuracy of any metadata that may be provided with the library assets or Stock Media.
6. Termination
- You can terminate this License Agreement by destroying the Video Productions or library assets, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Video Productions made with Videomat for any purpose. Videomat can terminate this License Agreement without advanced notice if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Video Productions made with Videomat for any purpose; (ii) destroy or delete all copies and archives of any Videomat Video Productions containing the Stock Media or library assets; and (iii) if requested, confirm to Videomat in writing that you have complied with these requirements.
- We reserve the right to revoke or amend the license granted by this License Agreement and replace the library assets with an alternative for any reason.
- Upon notice from Videomat, or upon your knowledge that any library asset or Stock Media is subject to a threatened, potential or actual claim of infringement of another’s right for which Videomat may be liable, you must immediately and at your own expense (i) stop using the library asset or Stock Media; (ii) delete or remove the library asset or Stock Media from your premises, computer systems and storage (electronic or physical); (iii) ensure that your clients, printers or ISPs do likewise; and (iv) let Videomat know.