Definitions
For purposes of these Terms of Service:
“Digital Media Files” are any images, animations, films, videos, or other audio/visual representations recorded in any computer-readable format or form that are obtained, directly or indirectly, from Motionbite.
“Intellectual Property Rights” shall mean all rights of authorship, all copyrights (including rights in applications or registrations), all rights of attribution and integrity and other moral rights, all rights of inventorship, all rights in patents and patent applications, all trademark rights (including rights in applications or registrations), all rights in trade secret and proprietary information, and all other intellectual property rights of any type, whether registered or registerable or not in any country.
“ Motionbite Products” means the Digital Media Files, the Services, and the Motionbite Software.
“ Motionbite Software” means the software extensions of Third Party Software that are identified as “Plug-Ins” and available to Licensees by download by means of the website maintained by Motionbite.
“Purchase Price” means the purchase price, membership fee, or pricing structure Licensee selected or will select during Licensee’s enrollment process for use of the Motionbite Products.
“Services” means the file-sharing/editing service provided by Motionbite and known as Review, and the portfolio website development service provided by Motionbite and known as Portfolio, as such services may be modified and/or re-branded by Motionbite from time to time in its sole discretion.
“Third Party Software” means any software proprietary to a Third Party Software Provider, including the timeline-based video editing software application known as Premier Pro that is proprietary to Adobe Systems Incorporated.
“Third Party Software Provider” means any party other than Motionbite that provides its proprietary software to authorized users.
“Use” means to access, install, download, copy, distribute, modify, make use of, or otherwise benefit from using the functionality of any of the Motionbite Products.
Grant of License
a. For Licensees choosing a paid subscription (whether monthly or annually) to the Motionbite Products, subject to the terms and conditions herein stated and subject to payment by Licensee of the Purchase Price, Motionbite hereby grants the Licensee a non-exclusive, non-transferable royalty-free license to Use an unlimited number of the Motionbite Products.
b. For Licensees choosing a free subscription, subject to the terms and conditions herein, Motionbite hereby grants the Licensee a non-exclusive, non-transferable royalty-free license to the Digital Media Files that are designated by Motionbite as free files. The foregoing license shall not include access to the Services and/or the Motionbite Software.
c. The Digital Media Files and the work product of the Services and/or the Motionbite Software may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia, advertisement, live performance, Internet, presentation, or print project. Licensee may use the Motionbite Products on a server, image library, or network configuration to be viewed by Licensee.
d. Any download or other use of any Motionbite Product shall be solely for specific and immediate use of such product by Licensee; warehousing, aggregation, and any other downloading for contingent future use is strictly prohibited.
e. All memberships are for single users only. Assets from Motionbite are licensed to the user with the paid subscription. Anything that Licensee produces using any of the Motionbite Products must be for the use of Licensee and its end-users only. Licensees that desire a multi-seat site license for use by multiple users must contact Motionbite for rates and terms and conditions for such use.
f. If an agent or an employee of an employer executes these Terms of Service, the term “Licensee” shall include both the agent/employee and the employer jointly and severally. These Terms of Service are enforceable against You and any legal entity that obtains Digital Media Files or utilizes any of the Services and/or any of the Motionbite Software or on whose behalf they are used.
Scope of License Restrictions
Licensee hereby agrees that it will not under any circumstances:
a. Use, sell, license, reproduce, distribute, or display the Digital Media Files or the work product of the Services and/or the Motionbite Software as templates, stand-alone backgrounds, stock elements, or effects imagery elements made available as downloadable files or included in any other clip media/stock product, library, collection, or set of clips for distribution or resale, or in a manner that permits Licensee’s end users to extract the Digital Media files or the work product of the Services and/or the Motionbite Software as stand-alone files;
b. Rent, lease, lend, sell, or sublicense any of the Motionbite Products to another person, company, or other entity;
c. Include the Digital Media Files or the work product of the Services and/or the Motionbite Software in an electronic template intended to be used by third parties on electronic or printed products, where the purpose is to create multiple impressions, including website designs, presentation templates, electronic greeting cards, business cards, or any other electronic or printed matter without obtaining a license for such purpose from Motionbite;
d. Sublicense, sell, assign, convey, or transfer any of its rights under these Terms of Service except as specifically provided herein;
e. Incorporate the Digital Media Files or any work product of the Services and/or the Motionbite Software into a logo, trademark, or service mark;
f. Distribute, post, or upload the Digital Media Files or the work product of the Services and/or the Motionbite Software online in a downloadable format or enable it/them to be distributed via mobile telephone or other electronic devices;
g. Post, upload, or transfer any Digital Media Files or the work product of the Services and/or the Motionbite Software in any form on websites offering customization services (for example, Fiverr.com, YouTube.com, and Vimeo.com);
h. Use any Digital Media Files or the work product of the Services and/or the Motionbite Software in an automated system, including online websites, other than in connection with the Services; or
i. Decompile, reverse engineer, disassemble, or otherwise reduce the Digital Media Files or the work product of the Services and/or the Motionbite Software to a human-readable form.
Manner of Use Restrictions
Licensee hereby agrees that it will not:
a. Use any of the Motionbite Products in a way that would defame, malign, slander, libel, or vilify any person or group of persons or any countries, races, customs, cultures, religions, or governments;
b. Use any Motionbite Product in connection with any pornographic materials or in any other manner that would be deleterious or damaging to the reputation of Motionbite;
c. Engage in screen scraping of the Motionbite Products or any similar automated process for the capture or conversion of electronic files; or
d. Use any of the Motionbite Products with a model and in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing, or unduly controversial to a reasonable person unless Licensee accompanies each such use with a conspicuous statement that indicates that the person is a model and the Digital Media Files and/or the work product of the Services and the Motionbite Software are being used for illustrative purposes only.
Reservation of Rights
Except as expressly granted herein, all right, title, and interest to the Motionbite Products and any Intellectual Property Rights related thereto are retained by Motionbite, and all right, title, and interest to the Third-Party Software and any Intellectual Property Rights related thereto are retained by such Third Party Software Provider. The copyrights in all Motionbite Products are owned by Motionbite or its licensors, and the copyrights in all Third-Party Software are owned by such Third Party Software Provider or its licensors, and in all cases are protected by applicable copyright laws, international treaty provisions, and other applicable laws. Motionbite trademarks and service marks, including “ Motionbite ” may not be used or associated with any of Licensee’s derivative products created from Digital Media Files or by means of the Services or the Motionbite Software without Motionbite’s written consent, which Motionbite may grant or deny in its sole discretion.
You must not:
- Republish video from Website Name.
- Redistribute content from Website Name.
- Sell, rent or sub-license video from Website Name.
- Reproduce, duplicate or copy video from Website Name.
- exclude any of our or your liabilities that may not be excluded under applicable law.