Digital Products End User License Agreement
If you are into legal talk, this is for you 👊
✅ If you want to read the short license agreement, you can do so here.
This End User License Agreement (this "Agreement") is a binding agreement between CREATORGALAXY BV, trading as Filmbro ("Licensor") and the person or entity registering an account or purchasing a plan on filmbro.com ("Licensee").
LICENSOR PROVIDES THE DIGITAL PRODUCT(S) SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CREATING AN ACCOUNT, SELECTING A PLAN, OR DOWNLOADING ANY DIGITAL PRODUCT, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER AND (II) IF LICENSEE IS A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENSE THE DIGITAL PRODUCT(S) TO LICENSEE AND YOU MUST NOT DOWNLOAD OR USE THE DIGITAL PRODUCT(S) OR DOCUMENTATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY DIGITAL PRODUCT(S) THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR'S DIGITAL PRODUCT(S).
1. Definitions
"Authorized Users" means the individual persons authorized to use the Digital Product(s) pursuant to the license granted under this Agreement.
"Documentation" means any user guides, tutorials or other materials provided by Licensor describing the use of the Digital Product(s).
"Digital Product(s)" means any template, LUT, visual effects asset or other digital file made available for download on filmbro.com.
"Plan" means the subscription or access tier selected by Licensee on filmbro.com, being one of the Free Plan, Annual Plan or Lifetime Plan, each as further described in Section 2.
"License Fees" means any fees paid or payable by Licensee for an Annual Plan or Lifetime Plan. The Free Plan carries no License Fee.
"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
"Licensor" has the meaning set forth in the preamble. "Licensee" has the meaning set forth in the preamble.
"Person" means an individual, corporation, partnership, joint venture, Limited Liability Company, governmental authority, unincorporated organization, trust, association or other entity.
"Term" has the meaning set forth in Section 7.
"Third Party" means any Person other than Licensee or Licensor.
2. License Grant and Scope
Subject to and conditioned upon Licensee's compliance with all terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable, limited license during the Term to download and use the Digital Product(s) and Documentation, solely as set forth below and subject to all conditions and limitations set forth in Section 3 or elsewhere in this Agreement.
(a) Free Plan. Licensee may download and use Digital Product(s) made available under the Free Plan solely for personal, non-commercial purposes. Free Plan Digital Product(s) may not be used in any project, content or output that is sold, monetized, used for client work, or otherwise generates revenue, directly or indirectly.
(b) Annual Plan and Lifetime Plan. Licensee may download and use any Digital Product(s) available on filmbro.com for both personal and commercial purposes, including without limitation use in monetized content, advertising, client work, broadcast, social media, games, and any other commercial project, anywhere in the world.
(c) General rights applicable to all Plans. Subject to Section 3, Licensee may:
(i) download, copy and use the Digital Product(s) across any number of devices owned or controlled by Licensee, for Licensee's own projects;
(ii) duplicate or distribute the project(s) in which a Digital Product has been incorporated, including commercially (where the applicable Plan permits commercial use), without limit on the number of copies, views, streams or sales of that project; and
(iii) retain and continue using any Digital Product(s) already lawfully downloaded, even after the Term ends, expires or is terminated, subject to Section 7(d).
All copies of the Digital Product(s) and Documentation made by Licensee (i) will be the exclusive property of Licensor; (ii) will be subject to the terms and conditions of this Agreement; and (iii) must include all trademark, copyright, patent and other Intellectual Property Rights notices contained in the original.
3. Use Restrictions
Licensee shall not, and shall require its Authorized Users not to, directly or indirectly:
(a) use the Digital Product(s) or Documentation beyond the scope of the license granted under Section 2, including using Free Plan Digital Product(s) for any commercial purpose;
(b) provide any other Person with access to or use of the Digital Product(s) or Documentation, except as part of a finished project in accordance with Section 2(c)(ii);
(c) modify, translate, adapt or otherwise create derivative works of the Digital Product(s) or Documentation for the purpose of creating a competing template, asset or product offered for sale or distribution to third parties;
(d) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source project files of the Digital Product(s) in a manner not intended by their normal use;
(e) remove, delete, alter or obscure any trademarks, copyright notices, or other intellectual property notices provided on or with the Digital Product(s) or Documentation, including any copy thereof;
(f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Digital Product(s) on a standalone basis — i.e. as a raw template, asset or file, rather than incorporated into Licensee's own finished project — to any Third Party for any reason, whether or not over a network, hosted basis, marketplace, file-sharing service or similar;
(g) use the Digital Product(s) or Documentation in violation of any law, regulation or rule; or
(h) use the Digital Product(s) or Documentation for purposes of competitive analysis, or to develop a competing product or service to Licensor's commercial disadvantage.
4. Responsibility for Use of Digital Product(s)
Licensee is responsible and liable for all uses of the Digital Product(s) and Documentation through access thereto provided by Licensee, directly or indirectly, including by its Authorized Users or any other Person to whom Licensee may provide access, whether such access or use is permitted by or in violation of this Agreement.
5. Intellectual Property Rights
Licensee acknowledges and agrees that the Digital Product(s) and Documentation are provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Digital Product(s) or Documentation under this Agreement, other than the right to use the same in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Licensor reserves and shall retain its entire right, title and interest in and to the Digital Product(s) and all Intellectual Property Rights arising out of or relating to the Digital Product(s), except as expressly granted to Licensee in this Agreement. Licensee shall promptly notify Licensor if Licensee becomes aware of any infringement of Licensor's Intellectual Property Rights in the Digital Product(s).
6. Payment and Refunds
(a) Free Plan. No License Fee applies. Access may be limited as described on filmbro.com (e.g. download limits) and may be changed by Licensor at any time.
(b) Annual Plan and Lifetime Plan. All License Fees are payable in advance through filmbro.com's checkout, in the currency and amount displayed at the time of purchase.
(c) 30-day money-back guarantee. Licensee who purchases an Annual Plan or Lifetime Plan may request a full refund of the License Fee within thirty (30) days of the original purchase date, no questions asked, by contacting Licensor at hello@filmbro.com. After this 30-day window, License Fees become non-refundable, except where required by applicable consumer protection law.
(d) Effect of refund. Where a refund is issued under Section 6(c), Licensee's license to the Digital Product(s) terminates and Licensee must cease using and delete all copies of Digital Product(s) downloaded under the refunded Plan, except where such Digital Product(s) have already been incorporated into a finished, published project, in which case continued use of that specific finished project is permitted.
7. Term and Termination
(a) Free Plan. The Term continues for as long as Licensee maintains an account in good standing and complies with this Agreement. Either party may terminate the Free Plan license at any time, for any reason.
(b) Annual Plan. The Term is twelve (12) months from the purchase date, and automatically renews for successive twelve (12) month periods unless cancelled by Licensee prior to the renewal date via Licensee's account settings or by contacting Licensor.
(c) Lifetime Plan. The Term is perpetual, for as long as Licensor continues to operate filmbro.com, in exchange for a single one-time License Fee. No renewal is required or charged.
(d) Effect of termination or non-renewal. Upon termination, expiration or non-renewal of an Annual Plan, Licensee's right to download new Digital Product(s) and access the Filmbro library ends. This does not revoke the license already granted under Section 2 for any Digital Product(s) lawfully downloaded by Licensee prior to termination or non-renewal — Licensee may continue to use those previously downloaded Digital Product(s) in accordance with this Agreement.
(e) Termination for breach. Licensor may terminate this Agreement, effective upon written notice to Licensee, if Licensee breaches this Agreement and such breach (i) is incapable of cure, or (ii) being capable of cure, remains uncured fourteen (14) days after Licensor provides written notice thereof.
8. Limited Warranties, Exclusive Remedy and Disclaimer
(a) Licensor warrants that, for a period of thirty (30) days following the purchase date of an Annual Plan or Lifetime Plan, Digital Product(s) downloaded under that Plan will be free of material corruption and will substantially match the description and preview shown on filmbro.com at the time of purchase. THE FOREGOING WARRANTY DOES NOT APPLY TO THE FREE PLAN OR TO ANY THIRD-PARTY MATERIALS.
(b) The warranty set forth in Section 8(a) will not apply if Licensee breaches any provision of this Agreement, modifies or damages the Digital Product(s), or uses the Digital Product(s) other than as specified in the Documentation or expressly authorized by Licensor.
(c) If, during the period specified in Section 8(a), any Digital Product covered by the warranty fails to substantially match its description, and such failure is not excluded under Section 8(b), Licensor will, at its sole option, either (i) replace or repair the Digital Product, or (ii) issue a refund in accordance with Section 6(c). These remedies are Licensee's sole remedies and Licensor's sole liability under this Section 8.
(d) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a), THE DIGITAL PRODUCT(S) AND DOCUMENTATION ARE PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LICENSOR MAKES NO REPRESENTATION THAT THE DIGITAL PRODUCT(S) WILL MEET LICENSEE'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OR BE COMPATIBLE WITH ANY PARTICULAR SOFTWARE, SYSTEM OR SERVICE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
(a) IN NO EVENT WILL LICENSOR OR ITS AFFILIATES BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE DIGITAL PRODUCT(S), LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
(b) IN NO EVENT WILL LICENSOR'S COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE TO LICENSOR UNDER THE APPLICABLE PLAN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
(c) THE LIMITATIONS SET FORTH IN SECTION 9(a) AND SECTION 9(b) SHALL APPLY EVEN IF LICENSEE'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
10. Export Regulation
The Digital Product(s) and Documentation may be subject to European and US export control laws. Licensee shall not, directly or indirectly, export, re-export or release the Digital Product(s) to any jurisdiction or country to which export is prohibited by law, rule or regulation.
11. Miscellaneous
(a) Licensor will not be liable to Licensee for any failure or delay in performance due to causes beyond Licensor's reasonable control, including strikes, civil disturbance, war, natural disaster, or failure of third-party infrastructure.
(b) This Agreement, together with the License Agreement summary referenced above and any other documents incorporated by reference, constitutes the sole and entire agreement between Licensee and Licensor with respect to the subject matter contained herein, and supersedes all prior understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
(c) Licensee shall not assign or transfer any of its rights or obligations under this Agreement without Licensor's prior written consent. Licensor may freely assign or transfer this Agreement.
(d) This Agreement may only be amended by Licensor publishing an updated version on filmbro.com. Continued use of the Digital Product(s) after such an update constitutes acceptance of the revised Agreement.
(e) If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement.
12. Disputes
Any dispute arising out of or in connection with this Agreement will be handled by the courts of Ghent, Belgium.
✉️ You can always contact us at hello@filmbro.com