Licensing Agreement | The Clips Garage

Licensing Agreement

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT. UNLESS YOU UPGRADE TO AN "ENTERPRISE PLAN" ACCOUNT, NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT LICENSED THROUGH YOUR ACCOUNT.

IF YOU PURCHASE AN "ENTERPISE PLAN" THE RIGHT TO LICENSE, DOWNLOAD AND USE CONTENT IS LIMITED TO THE NUMBER OF USERS PERMITTED BY THAT PLAN. CLIPS GARAGE "ENTERPRISE PLAN" GRANTS ACCESS AND USAGE RIGHTS TO UNLIMITED USERS AMONG OTHER ADDITIONAL RIGHTS.

If you require access and usage rights for more than one natural person, please contact Customer Service. For clarity, if a user is acting in an employment capacity, the employer will be deemed the licensee for the purposes of the license.

  • "Content" means all content available for license from the Clips Garage website, including Images, Footage, Editorial, Music, and Design (as defined herein.)

  • "Video" means any moving images, animations, films, videos or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format.

  • "Image(s)" means still photographs, vectors, drawings, graphics, and the like.

  • "Music" means any musical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all formats, now known and hereinafter developed.

  • "Photos" means still photographs and footage appearing under the Photos section.

  • "Visual Content" shall refer collectively to Editorial, Images, Design, and Footage.

PART I – VISUAL CONTENT LICENSES

  1. Clips Garage hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
    1. IMAGE LICENSES

      1. AN IMAGE LICENSE grants you the right to use Images:

        1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc.

        2. Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;

        3. As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions.

        4. Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $15,000;

        5. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)

          Furthermore, 

          • Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).

          • In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.

          • Incorporated as elements of digital templates for sale or distribution.

    2. VIDEO LICENSES

      1. A VIDEO USE LICENSE grants you the right to use video:

        1. in a multi-media production displayed or distributed via the web, on social media, using so-called "Apps", or as otherwise disseminated in accordance herewith (see restrictions for distribution limitations), provided the audience for such production does not exceed 500,000;

        2. in connection with a live performance, provided the audience for all such performances does not exceed 500,000 people;

        3. on websites.

    3. PHOTOS LICENSE

      1. A PHOTOS LICENSE grants you the right to make a single, editorial use of an item of photography related content, which single use may be distributed worldwide, in perpetuity.

      2. A "single use" for the purposes of this license permits the use of Editorial content in a single context (i.e., a news story, blog post, page of a publication) a single time, provided you shall have the right to distribute that use in-context across unlimited mediums and distribution channels. For example, the use of Editorial content to illustrate a printed article, maybe reused on a blog, on social media, etc., provided it is in-context to the original printed article. Any use not in-context to the original printed article would require an additional license.

      3. An "editorial use" for the purposes of this license shall be a use made for descriptive purposes in a context that is newsworthy or of human interest and expressly excludes commercial uses such as advertising or merchandising.

      4. Any use of Editorial Content licensed hereunder is further subject to those express restrictions set forth in Part I, Section 4 (prohibiting any use distributed via broadcast/cable/OTT, on publication covers, and in print runs in excess of 500,000) as well as any “special restrictions” (e.g., geographical or industry-specific usage restrictions) indicated on the image detail page and/or included in the metadata attached to an item of Editorial Content.

      5. All Editorial content shall be deemed "Editorial Use Only" for the purposes of this TOS.

      6. Not all Editorial content is available for license from the website, nor may it be available from all subscriptions. You understand that the Editorial content available for license can change at any time and you shall have no right to demand to license any particular item of Editorial content. If you want to license any Editorial content not available for license from the website, please contact Customer Service. (Phone: 954-800-8383).

  2. RESTRICTIONS ON USE OF VISUAL CONTENT

    YOU MAY NOT:

    1. Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.

    2. Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.

    3. Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.

    4. Modify any Visual Content designated in a manner that changes the context of what is depicted.

    5. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.

    6. Use Visual Content 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.

    7. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

    8. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.

  3. RESTRICTIONS SPECIFIC TO FOOTAGE

    1. Use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters.

    2. Use "stills" derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.

  4. RESTRICTIONS SPECIFIC TO PHOTOS

    1. Use any photo content in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters, or in related promotional materials.

  5. CREDIT AND COPYRIGHT NOTICES

    1. The use of Images and Footage in connection with news reporting, commentary, publishing, or any other "photo" context, shall be accompanied by an adjacent credit to the Clips Garage contributor and to Clips Garage in substantially the following form:

      "Name of Artist/ClipsGarage.com"

    2. Photos credits shall take the following form:

      "Name of Artist / Agency / Clips Garage"

    3. If and where commercially reasonable, the use of Photos or Video in Merchandise or an audio-visual production shall be accompanied by a credit to Clips Garage in substantially the following form:

      "Photo(s) or Video (as applicable), used under license from ClipsGarage.com"

    4. Credit attributions are not required in connection with any other use of Video or Photos unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for photo content.

    5. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

PART II - MUSIC LICENSES

  1. "Production" means all versions of a single audio-visual project or all versions of a single audio-only project in which Music is synchronized to narration in the context of a podcast episode, radio documentary, radio advertisement, or other similar audio-only production.
  2. MUSIC LICENSES

    Clips Garage grants you a non-exclusive, non-transferable right to synchronize Music in a Production, which Production may be distributed worldwide, in perpetuity, pursuant to the license you purchase (from among the two license types set forth below), and subject to the restrictions set forth in Part II Section 3 hereof:

    1. STANDARD MUSIC LICENSE: A Standard Music License grants you the non-exclusive right to synchronize Music in a Production (and in in-context trailers and promotional materials), distributed via web based-viewing platforms or used in non-web based "industrial" contexts, which include trade shows, conferences, corporate Events, internal corporate Use, and point of sale.

    2. ENTERPRISE MUSIC LICENSE: An Enterprise Music License grants you the non-exclusive right to synchronize Music in a Production (and in-context trailers and promotions therefor), solely subject to the restrictions set forth in Part II Section 3 hereof.

  3. RESTRICTIONS ON THE USE OF MUSIC.

    YOU MAY NOT:

    1. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute to any third-party the Music or the right to use the Music separate and apart from the Production in which (pursuant to your license) it is embodied;

    2. Resell, redistribute, provide access to, share or transfer any Music except as specifically provided herein;

    3. Manufacture, distribute, sell or otherwise exploit "records", CDs, mp3s or any other audio product embodying sound alone which incorporates Music, other than an audio-only Production expressly described in the definition of "Production" above. For the purpose of this sub-section the term "records" means all forms of reproductions, whether now known or hereafter devised, manufacture or distributed primary for home use, school use, or juke box use, embodying sound alone (excluding synchronized material);

    4. Use the Music in connection with other material that is pornographic, defamatory, libelous, obscene, immoral, illegal or that otherwise violates any right(s) of any third party(ies);

    5. Violate export laws, restrictions or regulations, by shipping, transferring or exporting Music into any country in violation of any export laws, restrictions or regulation;

    6. Use, sell, sublicense, reproduce, distribute, display, incorporate into or otherwise make Music, in whole or in part, available as, or as part of, production library content, or downloadable files or include the Music or any derivative work incorporating the Music in any other stock product, library, or collection;

    7. Remix, mashup, or otherwise alter the Music, except that you may engage in basic editing of the Music (e.g., setting start/stop points, determining fade-in/fade-out points, etc.) in connection with the exercise of the license granted under this agreement;

    8. Use Music in an audio-only Production in which music is the primary content.

  4. in the event any public performance licenses are required in connection with your use of the Music authorized under this License Agreement, you shall be responsible for obtaining such licenses at your sole expense. Notwithstanding anything to the contrary contained in this agreement: (a) in the event the laws of any jurisdiction require that, in order to avoid infringement or the violation of any third party rights, licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under this agreement, you shall be responsible for obtaining and paying for such licenses at your sole expense; and (b) this agreement does not include any so-called "moral rights" or like rights. You will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s) and furnish a copy of each such cue sheet to ClipsGarage via email to Media@ClipsGarage.com. This obligation shall apply to all Music.
  5. You may publish Productions incorporating Music on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). You may not claim ownership of the Music or otherwise register any Music with any UGC Platform even as synchronized with your own Production. If you become aware that any third party claims any ownership interests in any Music, you agree to promptly notify us of each such claim.
  6. When incorporating the Music in the type of Production in which copyright attribution is customary, you shall provide credit in substantially the following form:

    "'[Music Title]' performed by [Artist], used under license from ClipsGarage"

PART III - WARRANTIES AND REPRESENTATIONS

  1. ClipsGarage warrants and represents that:
    1. ClipsGarage's contributors have granted ClipsGarage all necessary rights in and to the Content to grant the rights set forth in Part I or Part II as applicable.

    2. Videos and Photos in its original unaltered form and used in full compliance with this agreement and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.

    3. Photo and design content in the original unaltered form and used in full compliance with this agreement and applicable law, will not infringe a third party’s copyright, it being understood that the foregoing warranty does not apply to elements depicted in the photos and design content.

  2. While ClipsGarage makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, CLIPSGARAGE MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; OR II) AUDIO IN FOOTAGE. For the sake of clarity, CLIPSGARAGE will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage.
  3. CLIPSGARAGE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.

PART IV - INDEMNIFICATION AND LIABILITY

  1. Indemnification.

You agree to indemnify and hold Clips Garage Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Website or the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, or (e) your violation of any applicable laws, rules or regulations. Clips Garage reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clips Garage in asserting any available defenses. This provision does not require you to indemnify any of the Clips Garage Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account or the Services.

PART V - ADDITIONAL TERMS

  1. Except when required by law, ClipsGarage shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize CLIPSGARAGE to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Clipsgarage determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to ClipsGarage, provided that you have not yet downloaded or licensed any Visual Content, ClipsGarage, will refund the payment made by you in connection with such cancelled account. To cancel your account, please contact Customer Service.

  2. Following the expiration of your subscription plan, such plan will automatically renew on the same terms as your original plan purchase. You can disable automatic renewal at any time prior to renewal using your account settings. You expressly grant Clipsgarage the right to charge you for each automatic renewal until you timely disable automatic renewal.

  3. If Clipsgarage 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 Clipsgarage 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.

  4. "Non-transferable" as used herein means that except as specifically provided in this agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Clipsgarage of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email at Media@clipsgarage.com.

  5. Upon notice from Clipsgarage or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Clipsgarage may be liable, or if Clipsgarage removes any Content due to perceived business risk as determined in Clipsgarage's reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Clipsgarage shall provide you with comparable Content (which comparability will be determined by Clipsgarage in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this agreement.

  6. If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Clipsgarage, upon Clipsgarage's reasonable request.

  7. The number of Content downloads available to you is determined by the product you purchase. For the purposes of this agreement, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.

EFFECTIVE DATE: December 28, 2018

Standard Clips Garage Video License

The standard license is offered as the default option with each of our subscriptions packages. This license entitles customers to share this footage with vast audience sizes, depending on how it is being shared. 

Standard permissions include:

  • Web Use – Footage can be used on social media websites, in mobile apps and on sites such as YouTube or Vimeo. It can even be used in content that will be digitally downloaded. The audience size limit for this type of web use is up to 500,000.
  • Live Performances – The footage can also be used at live performances such as musicals, corporate presentations, concerts and musicals with an audience size limit of 500,000.
  • On Websites – Videos that are embedded on actual web pages have no audience limit restrictions.

Standard permissions do not include:

  • Television Distribution – The standard Clips Garage video license does not permit for any usage in television shows or commercials. Usage is also prohibited for distribution over any broadcast, cable or satellite.
  • Movie Theater Distribution – Distribution in movie theaters is not permitted with the standard footage license.
  • Over the Top (OTT) Video Distribution – Over the top video distribution, or streaming services such as Netflix is not permitted by the standard footage license.

OWNERSHIP:

Clips Garage Materials. Except with respect to Your Content and User Content, you agree that Clips Garage and its suppliers own all rights, title and interest in the Website, the Services, the Stock Files and the Clips Garage Materials. 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 Clips Garage Materials.

Trademarks. Clips Garage and other related graphics, logos, service marks and trade names used on the Website, in the Clips Garage Materials or in connection with the Services are the trademarks of Clips Garage and may not be used without permission in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on the Website, in the Clips Garage Materials or in connection with the Services are the property of their respective owners.

Other Content. Except with respect to Your Content or the license rights granted in the Terms, you agree that you have no right or title in or to any Content that appears on or in the Website, or the Services.

Content. Clips Garage does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Website or the Services, you represent that you either own all intellectual property and other rights in Your Content or otherwise have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

License to Your Content. By submitting Your Content, which shall include your username, to any "public area" of the Website or the Services, you grant Clips Garage a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, Your Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in Your Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Clips Garage, are responsible for all of Your Content that you Make Available on or in the Website, or the Services, whether publicly posted or privately transmitted. Clips Garage will NOT be held accountable or responsible for content that you (contributor) or (user) uploads to the site, that is unlawful, un-usable, does not belong to you, or creates any conflict or issue with third party brands. You understand that you take FULL responsibility for any content uploaded to the site under your username, and you agree that you outright own any and all content that you (contributor) or (user) submit for upload to the site whether publicly posted or privately transmitted. 

Enterprise Solutions

In addition to our Standard License, Clips Garage has options to ensure that your whole team is legally covered and has access to the content they need. This solution also comes with as unlimited access to clips and flat-rate pricing.
Our enterprise solution also provides access for your whole team, as many clips as needed, plus unwatermarked comps, free content research, and full indemnification.
Navigate to the contact page to speak with one of our enteprise team members. 

Are you sure?

Are you sure?

You want to delete your credit card details (you will not be able to subscribe to plans until you have entered your new credit card details)

Please upgrade your plan

You have exceeded your monthly credit allowance, please upgrade your account or purchase a single item.