The Company’s services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful, and that you are over the age of eighteen (18).
Grant of Limited License
The Company maintains samples of content on its website for the sole purpose of allowing you the opportunity to evaluate such content to determine whether it is suitable to license for your purposes. You may not copy, distribute, publish, display, or use such samples for any purpose other than evaluating your license purchase, and the Company does not grant to you any license or other rights in or to such samples.
Unauthorized Uses and Limitations
The Content and any other compilation or derivative work in which you have incorporated the Content thereof may not, in whole or in part, be used, sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, screen-savers, stock elements, effects imagery elements, or downloadable files. You may not make the Content available in any manner intended to allow a third party to have access to or use the Content as a standalone element or file. The Content and any other compilation or derivative work thereof may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution, rent, lease, loan, sublicense or resale. These restrictions apply even if the Content has been significantly altered or under a claim of “fair use”. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void.
You shall not claim any formal credit in the Content in any format or media, including, without limitation, the credits “Edited by”, “Directed by,” “Music By”, “Colorist” and “Color Corrected by”. The Content may not be presented as the “official version” of the Content on any website, or in any public display. You shall provide copyright attributions to MIXINGLIGHT, Inc. in the production and on-screen credits equal in all respects to any credit accorded to any other provider of comparable services, products or rights. Notwithstanding the foregoing, you may informally use the credit “Colorist” or “Color Corrected by” in your use of the Content for purposes of demo reels, resumes, and presentations, but in no event may such credit be used by you in any official capacity in relation to your use of the Content, including, without limitation, on the Internet Movie Database (imdb.com).
Marketing and Promotion Rights Granted to Us
You hereby grant the Company the full right and authority to display compilation or other derivative works created by you which incorporate the Content, including but not limited to; at trade shows, in collateral, and/or via electronic distribution in conjunction with Company marketing, educational, and promotional purposes as examples of customer usage. At your request, the Company will identify you as the author of such derivative work.
Releases and Clearances
You represent and warrant that you will use the Content only for lawful purposes and that you will not violate any term of this Agreement.
If you are purchasing the licensed material on behalf of an entity or other person, you represent and warrant that you are authorized and have authority to act as an agent on behalf such other entity or person. If such entity or person disputes your authority to do so, you will be liable for such entity or person’s failure to comply with the terms of this Agreement.
Refund and Exchange Policy
The Company has a thirty-day refund policy from the date payment has been received. In the event you you are refunded you will immediately forfeit your rights to any continued use, for any purpose, of such originally-licensed Content.
Disclaimer and Limitation of Liability
THE INFORMATION ON THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED AND, IN PARTICULAR, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, NONINFRINGEMENT, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE OR THE CONTENT FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE AND DISCLAIM LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE CONTENT.
Your use of the Content or any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY FOR LICENSE RIGHTS GRANTED VIA THIS WEBSITE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.
Neither we nor our affiliates make any representation that this website or content appearing on this website is appropriate or available for use in locations outside the United States. Those who choose to access this website from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you reside.
Links To and From this Website
We do not monitor or review the content of other party’s websites which are linked to or from this website. The Company is not responsible for the privacy practices or content of such third-party websites. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of information to third parties with which you have come into contact via this website.