End User License Agreement

This End User License Agreement (hereinafter referred to as the Agreement or EULA) is between the end user (hereinafter referred to as You or Licensee), and VBROADCAST LIMITED (hereinafter referred to as We, VBROADCAST, or Licensor), the developer and owner of all the Works on www.filmstocks.com (hereinafter referred to as the Website). By downloading Works from our website, you agree to be bound by the terms of this Agreement in respect to those Works. If you do not accept or agree with these terms, do not download any Works. Vbroadcast reserves the right to modify this Agreement at any time at its sole discretion.

 

1. Definitions

 

For purposes of the Agreement,

“Works” are any images, animations, films, videos, or other audio/visual representations on our website, recorded in any computer-readable format or form that are obtained, directly or indirectly, from VBROADCAST, and available for download and license.

“Website” means www.filmstocks.com.

 

2. Grant of License

 

2.1 As expressly permitted by the applicable license and subject to the limitations set forth herein and subject to payment by Licensee of the Purchase Price, Vbroadcast hereby grants you a non-exclusive, non-transferable right to download Works from our Website and a non-exclusive, non-transferable, commercial license to Use the Works within the subscription period. "Non-transferable" as used herein means that except as specifically provided in this EULA, you may not sell, rent, load, give, sublicense, or otherwise transfer works to anyone.

2.2. As the license has a time limitation, you have to renew your license if you want to use the Works after the license expires.

2.3. Vbroadcast reserves all rights not expressly granted to you in this Agreement.

 

3. What types of licenses do we offer?

 

We offer two types of licenses: Standard License and Extended License. Each Work downloaded from our website comes with a Standard License. An Extended License gives you additional rights in exchange for an additional license fee. Unless you purchase an extended license, your use of Works is subject to the standard license terms.

 

A STANDARD LICENSE:

 

  • All licenses are royalty-free in perpetuity
  • Unlimited projects — non-exclusive, non-transferable
  •  Licenses are valid worldwide—there are no geographic restrictions.
  •  Includes up to $20,000 indemnification for the individual license holder.
  •  License covers usage by the individual for both personal and commercial projects.

 

AN EXTENDED LICENSE

If you want to purchase an extended license, please contact our customer support team regarding your own customizable license and fee.

 

4. Fees and Purchase Terms.

4.1. The Works are provided to Licensee by monthly or annual subscription. Your subscription is effective for the period of time covered by your subscription fee (which is your Purchase Price) as disclosed in the enrollment process and continues upon your payment in advance of the renewal fee for the applicable period (e.g., monthly or annually).

 

4.2. Renewal fees for your subscription will automatically be charged at the then-current rate to the credit card or other billing source authorized by you on the first day of each successive subscription term until you cancel your subscription. Renewal will occur without prior notice to you. Vroadcast reserves the right to change the subscription fee for any renewal term, with or without notice to you, to be effective upon the renewal of your subscription for the next applicable period.

 

4.3. The Purchase Price, including subscription or enrollment fees, is non-refundable. Should you choose to discontinue your subscription for any reason before expiration of the then-applicable subscription term for which you have paid, you may cancel your subscription and terminate further billing by logging into your account and changing your settings under the “My Account” page.

 

4.4. Member plans definition:

  •  Free Member Plan: Once you have registered a Wondershare ID, you will automatically be enrolled in the Free Member Plan. There will be no charges to the free member plan.  
  • Standard Member Plan: Once you have purchased the Standard member subscription, you will automatically have unlimited access for downloading the works that are included in Standard library during the period of time covered by your subscription fee.
  • Premium Member Plan: Once you have purchased the Premium member subscription you will automatically have the unlimited access for downloading the works that are included in Standard library;  you will also have an additional 20 downloads for works that are included in the Premium library during the period of time covered by your subscription fee. You will be allowed another 20 downloads of works in the Premium library as of the beginning of your next billing period.

 

4.5. If Vbroadcast is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Vbroadcast or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.

 

5. RESTRICTIONS ON USE OF THE WORKS

 

5.1 You can only use the Works you have downloaded for until 30 days after the expiration of your license.

 

5.2 You are welcome to use watermarked Works from the Website on a complimentary basis for test or sample use only. Watermarked Works cannot be used in any final materials or any publicly available materials and can only be used within 30 days following the first download of the Works.

 

5.3 No Standalone File Use. You may not use Works in any way that allows others to download, extract, or redistribute Works as a standalone file (meaning just the Works file itself, separate from the project or end use).

 

5.4 No Products for Resale. Unless you purchase an extended license, you may not use Works in connection with any goods or services intended for resale or distribution where the primary value lies in the Works itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit.

 

5.5 No Electronic Templates. Unless you purchase an extended license, you may not use Works in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).

 

5.6 Limited Print Run. Unless you purchase an extended license, you may not reproduce the Works more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction.

 

5.7 No Unlawful Use. You may not use Works in a pornographic, defamatory or other manner that could be considered libelous, obscene, or illegal.

 

5.8 You may not use the Works in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.

 

5.9 No Use in Trademark or Logo. You may not use Works as part of a trademark, design mark, trade name, business name, service mark, or logo, or as part thereof.

 

5.10 You may not falsely represent, expressly or by way of reasonable implication, that any Works were created by you or a person other than the copyright holder(s) of the Works. You may not falsely represent that you are the original creator of a Work that is made up largely of licensed Works. For instance, you cannot create a painting based solely on licensed Works and claim that you are the originator.

 

5.11 We want to make sure people are not abusing the Works to stockpile large numbers of clips without intending to actually use them in upcoming projects. For this reason, you cannot use automation, such as computer scripts, to download or “scrape” high volumes of media files, nor can you do so manually if your intent is simply to stockpile Works.

 

5.12 You may not Use, display, mirror or frame the Website or Works without our prior written consent.

 

5.13 You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website and Works.

 

5.14 You may not advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

 

6. Ownership of Rights and Credits

 

a. Except as expressly granted herein, all rights, title and interest to the Works and any Intellectual Property Rights related thereto are retained by us, and all rights, title and interest to the Third Party Works and any Intellectual Property Rights related thereto are retained by such Third Party. The copyrights in all the Works are owned by VBROADCAST or its licensors, and the copyrights in all Third Party Works are owned by such Third Party or its licensors, and in all cases are protected by copyright laws, international treaty provisions and other applicable laws.

 

b. You agree that Vbroadcast and its licensors own all rights, title and interest in the Website and the Works. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the services, or the Works.

 

7. Licensee Representations and Warranties

 

a. Licensee hereby represents that its use of the Works will comply at all times with all applicable laws, rules, and regulations of any country, state, province, or other jurisdiction, including the export laws and regulations of the United States of America (the “Export Laws”).

 

b. Licensee hereby represents that it is not a citizen or otherwise located within an embargoed nation (including Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that it is not otherwise prohibited under the Export Laws from using any of the Works.

 

8. User Accounts

 

You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Vbroadcast immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. Filmstocks reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Vbroadcast determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.

 

9. Term and Termination

 

This Agreement is effective for the period of time covered by your subscription fee. However, Vbroadcast reserves the right to terminate a Licensee’s access to the Website and Works without notice at any time if it determines in its sole discretion that a Licensee is violating any of the terms and conditions of the Agreement. Vbroadcast also reserves the right for any reason or no reason to refuse to renew a subscription with or without prior notice.

 

Effect of Termination. Termination includes removal of access to our Works and Website and barring of further use of the Works and Website. Termination also includes deletion of your password and all related information, files and contents associated with or inside your Account (or any part thereof), including your content. Upon termination, your right to use such Works and Website will automatically terminate immediately.

 

10. NO WARRANTY ON THE WORKS

 

THE LICENSED WORKS IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE WORKS IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VBROADCAST OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY.

 

11. LIMITATION OF LIABILITY

 

IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO TEN TIMES OF THE FEES LICENSEE HAS PAID FOR THE LICENSED WORKS, IF ANY.

 

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN VBROADCAST AND YOU.

 

IF THE LICENSED WORKS IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH VBROADCAST MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE WORKS UPON RECEIVING THE VBROADCAST’S WRITTEN NOTICE (INCLUDING BY EMAIL), VBROADCAST MAY PROVIDE LICENSEE WITH A REPLACEMENT FREE OF CHARGE. IN SUCH CIRCUMSTANCE, VBROADCAST SHALL NOT BEAR OTHER LIABILITIES TO YOU.

 

12. INDEMNIFICATION

 

LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE WORKS FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.

 

13. Governing Law; Jurisdiction

 

This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction.

 

ACKNOWLEDGMENT. BY DOWNLOADING THE WORKS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.