Downloadable Video Visuals Usage License

SurrealismToday.com Downloadable Video Visuals Usage License
Last update: June 11, 2023

Intro
This License. The terms set forth in this SurrealismToday.com Video Visuals Usage License Agreement (this “License”) applies to your use of the downloadable video visuals contained in the SurrealismToday.com catalog available through the Site from time to time (the “Licensed Works”). Please note that, except as may be explicitly provided herein, the Terms of Use are an integral part of this License and the terms found therein apply in full to your use of the License. Capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Use. We ask you to read this License and the Terms of Use carefully since they affect your legal rights and govern your use of SurrealismToday.com’s video usage service.

Acceptance. By clicking “I agree”, and downloading the video visuals, or otherwise signifying your acceptance of this License you are agreeing to be legally bound by this License and the Terms of Use, and you acknowledge that you have read our Privacy Notice and Cookie Policy, all of which are available on the Site and incorporated herein by reference.

Who is this for?
Many content creators are eligible to sign up for this License, but there are exceptions. If you are not eligible in accordance with the below, or if the License doesn’t suit your needs, please reach out to us here and we are happy to help create a tailor-made solution that works for you.

No major corporations or publishers, or government entities. You cannot use the Commercial Plan subscription:

(i) if you are a company that has, or that forms part of a group of companies that collectively has, an annual turnover of more than USD fifty (50) million, or, if you are a publisher, USD five (5) million, or;

(ii) if you are a governmental or intergovernmental organization or public institution.

Publishers include, without limitation, digital publishers, podcast publishers, broadcasters, and similar media companies.

One single user. This License only covers use by one individual. If you need to add users, you can sign up for additional Licenses or add additional users under this License for additional fees (if such feature is made available to you). If we have reasons to believe that more than one person is using the same account, we reserve the right to either (i) immediately terminate the account, without refunding any prepaid Fees, or (ii) with retroactive effect assess additional Fees on you, calculated in each instance on the then-current per-user pricing for each additional user.

Your license
Visualizing your productions
Synchronization license. Subject to the terms and conditions of this License, SurrealismToday.com hereby grants to you for the term of this License (meaning during your active subscription), the right to access the Site and to make copies of the Licensed Works in order to synchronize them, in whole or in part, in video and podcast productions produced by or on behalf of yourself (your “Productions”). You may sub-license this right to independent production companies for the purpose of making Productions on your behalf. For the avoidance of doubt, any such sub-licenses may only be granted during, and be valid for, the term of this License. You remain solely responsible for any such sub-licensees’ use of the Licensed Works.

No standalone use: The purpose of this License is to make available for you the use of our visuals and video in the background of your Productions in order to boost your own content. You may not make available, use or in any other way exploit the Licensed Works for the purpose of making the Licensed Works (in whole or in part) available on a standalone basis, hence without being synchronized with a Production in accordance with the purposes of this License, including where a Production is essentially tantamount to use of the Licensed Works on a standalone basis or where the Licensed Works constitute a primary value of the content that you create. By way of example, you may not use or in other way exploit the Licensed Works:

for the purpose of creating a video viewing experience, including, but not limited to, uses where complete or almost complete Licensed Works, on its own or as part of a compilation, are combined with accompanying visual/narrative elements that are of subordinate importance (such as, but not limited to, still image(s), panning motions, loops or other limited animation/video/audio);
in any way to repackage the Licensed Works or upload or use them, in whole or in part, as video samples, or visual libraries, stock video sites or to upload them in any video recognition systems for any purpose, and/or in any way use, distribute or otherwise exploit the Licensed Works as your property; or
in any way that is intended to allow third parties to download, reproduce, stream, and/or otherwise access or use the Licensed Works, in whole or in part, on a standalone basis, including without limitation in any digital templates or other applications enabling end users to synchronize or otherwise combine the Licensed Works with other content, or in any manner enabling users to create or order on-demand products (such as electronic greeting cards or ringtones) or make the Licensed Works available in any physical products (e.g. in speakers).

No illegal, immoral or political content. You may not use any Licensed Works in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Licensed Works. You shall comply with any applicable laws and regulations. Moreover, you may not use the Licensed Works in connection with sensitive subjects without the prior written consent of SurrealismToday.com. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.

No broadcast type content. You are not allowed to use the Licensed Works in any broadcast type of content such as feature films and TV shows or TV ads, including documentaries, news, sports broadcasts or cartoons or other children shows. If you’re looking to produce this type of content, check out our Enterprise plan here. However, this restriction does not apply to non-commercial use of Student Work and Independent Films, as defined below.

No trade marks. You may not use the Licensed Works as part of a logo, trademark or service mark.

No NFTs. You may not use the Licensed Works in non-fungible tokens (“NFTs”), blockchain or substantially equivalent technologies.

Distributing your Productions
Distribution license. Subject to the terms and conditions of this License, SurrealismToday.com hereby grants to you the right to make available any Productions containing any Licensed Works that you have completed during the term of this License worldwide on any and all online channels and platforms and in perpetuity. You may sub-license or transfer the rights to make available such Productions to any third party.

Where can I upload my Productions? The rights granted herein grant you the right to publish your Productions anywhere online, meaning on websites, on social media platforms and video sharing platforms, in apps, and anywhere else online. Conversely, you cannot make available your Productions “offline”, e.g. on linear television, including but not limited to broadcast, IPTV, cablecast, or satellite television, as theatrical releases, or (with the exceptions below relating to Student Work and Independent Films) make it available in a live setting (e.g. during a trade fair or event).

For how long is the license valid? You can use the Licensed Works to create new Productions for as long as you have an active subscription, and whatever Production you have completed during your subscription will remain licensed for you to use forever.

Student Work. If you are a student creating a non-commercial Production for an educational grade, or otherwise part of a course, with an accredited educational institution (“Student Work”), you may make available such Production in classrooms and during non-commercial film festivals.

Independent Films. If you are an independent filmmaker creating a non-commercial film Production (an “Independent Film”), you may make available such Independent Film during non-commercial film festivals.

Credits. Credit shall – to the extent reasonably possible, in relation to uses where it is standard practice to do so or if credits are provided for other stock video or content providers – be accorded in a form substantially similar in form and substance to the following: “Visuals courtesy of www.surrealismtoday.com”. The above credit will, if possible, be displayed as a hyperlink to www.surrealismtoday.com.

Platform limitations. Please note that various platforms may have their own restrictions that apply from time to time, such as limitations on the permitted length of videos. As a result, even though you have been granted a license from SurrealismToday.com to use the Licensed Works in accordance with the terms and conditions in this License, such platforms might limit how you exercise such rights on such platforms, and SurrealismToday.com shall have no liability for such platform restrictions.

Monetization
Monetization. Subject to your compliance with this License, and proper clearing in accordance with the terms herein, you may allow, and receive remuneration from, the display of third-party ads in connection with making available your Productions on social media or other platforms such as YouTube offering such monetization opportunities (you may clear your Productions for monetization).

Clearing. You are responsible for clearing the Productions and/or relevant channels with SurrealismToday.com, in accordance with the instructions that SurrealismToday.com provides from time to time. You may clear a limited number of channels/pages/profiles/feeds/etc. (“channels”) per platform, in accordance with the information provided to you when signing up. SurrealismToday.com reserves the right to change the number of channels that can be cleared from time to time. In case SurrealismToday.com lowers such limit, we will provide prior written notice of such change, and the lower limit will come into effect no earlier than the subsequent Subscription Period starting subsequent to such change. In addition to clearing these channels, you may clear a reasonable amount of video URLs outside of your own channels (e.g. Productions posted on your end clients’ channels).

Unlicensed and non-cleared use. SurrealismToday.com reserves the right to fully monetize unlicensed use of the Licensed Works on YouTube and/or other platforms. Without correct clearing, SurrealismToday.com is unable to tell a licensed Production from unlicensed use, and thus reserves the right to demonetize any Productions containing Licensed Works that are not correctly cleared. Should a Production licensed under this License be demonetized by SurrealismToday.com, you may notify SurrealismToday.com through this webform and SurrealismToday.com will discontinue such demonetization without undue delay. SurrealismToday.com will have no responsibility, and will not reimburse you, for any demonetization of Productions by SurrealismToday.com for any period prior to such Productions having been correctly cleared for monetization. Please note that in relation to certain platforms, SurrealismToday.com may use systems to correctly identify use of, or claim ownership of, the Licensed Works in content, including your Productions, uploaded to such platforms, e.g. to ensure correct attribution, but such identification does not affect your right to monetize your Productions on such platforms.

Fees
In consideration for the Service and the rights granted herein, you agree to pay any applicable Fees in accordance with the Terms of Use. Except as set forth in this License, no additional fees other than the Fees will be owed by you in relation to your permitted use of the Licensed Works hereunder, to SurrealismToday.com.

What happens if I cancel?
This License shall enter into force upon your acceptance of the terms set forth herein and shall remain in force until terminated by you or us in accordance with the Terms of Use.

As mentioned above, you do not need to take down or otherwise withdraw any Productions published in accordance with this License, even after expiration of the term of this License. For clarity, however, after expiration or termination of this License you may not use the Licensed Work(s) to create any new Productions, including without limitation that you may not use the Licensed Work(s) to create any new versions of Productions, even if you have downloaded such Licensed Work(s) during the term of your License.

Outro
Amendments. Occasionally SurrealismToday.com may, in its discretion, make amendments to the terms and conditions of this License. If SurrealismToday.com makes amendments to this License that SurrealismToday.com deems material for you, SurrealismToday.com will notify you through the website and such changes will come into effect no earlier than the Subscription Period starting subsequent to such change. By continuing to use the License after changes to this License have been made you are expressing and acknowledging your acceptance of the changes.

No other rights. You may only use the Licensed Works under and subject to the rights granted under the terms and conditions of this License. All rights not expressly granted hereunder are reserved by SurrealismToday.com. All rights and licenses granted hereunder are non-exclusive, non-transferable and non-assignable and may not be sub-licensed other than as expressly permitted under this License.

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