RendrFX Terms of Service, Licenses
Buyer(s):Customers who purchase Template use and create CMGVs from the RendrFX websites. Buyers will be able to upload their own media (“Customer Media”) to RendrFX
Customer Media:Any files uploaded by the end customer to the RendrFX Websites for the purpose of integration into CMGVs. Customer media may include, but is not limited to, videos, photographs, images, logos, moving images, animations, films, vectors, music, audiovisual works, etc.
Contributor:Contributors are those individuals or entities who upload Content, or 3D motion graphics Templates, to RendrFX. “Contributor” is used interchangeably with the term “Artist” or “Artist Contributor” throughout the RendrFX site.
Content:3D motion graphics Templates and all content therein. “Content” is synonymous with the creations of 3D motion graphics artists and is used interchangeably with the word “Art” on our website. “Content,” or “Art,” submissions include templates and any photographs, images, vectors, moving images, animations, films, videos, audiovisual works or other media within the template, along with any associated keywords, metadata and/or titles submitted by the contributor to RendrFX.
CMGV:Customizable Motion Graphics Videos. CMGVs are the end product sold by RendrFX to Buyers. Buyers purchase use of a Template and subsequent Personal or Commercial license to the Content therein to generate a CMGV.
Render Services:RendrFX will offer Buyers the ability to render each Template purchase twice in order to allow for initial media upload corrections. If an additional render is needed for further corrections, Buyers can purchase additional renders. Only one final CMGV without a watermark will be created per template sale.
Royalty: RendrFX will pay artist contributors a Royalty for each unique purchase of a Template (Content) and subsequent license used to create a CMGV for which RendrFX receives payment. Royalty rates are set forth on the Artist Contributor Payment Schedule and will be defined as a percentage of the CMGV purchase price, as set by RendrFX.
The following set forth the rights and obligations with respect to any Template (and Content therein) licensed by you via the RendrFX website to create a CMGV or derivative thereof. You must agree to these Terms of Service, Licenses prior to any purchase of services or licenses via the RendrFX website and you therefore agree and acknowledge that these terms control your rights and obligations with respect to all Template licenses and end CMGV(s) and or derivatives set forth herein, notwithstanding the license you may be purchasing today. Please revisit these Terms of Services, Licenses when you purchase any Content licenses or services.
Subject to your compliance with the terms and conditions of the RendrFX marketplace, RendrFX hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce Templates (and Content therein) and subsequent CMGVs worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
a. TEMPLATE LICENSES
I. A PERSONAL TEMPLATE LICENSE grants you the right to use Content:
For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind). A personal template license may not be used if you are officially representing any sort of organization (including, but not limited to non-profit organizations, academic institutions, athletic organizations, government organizations, religious organizations, etc.).
Any digital reproduction may be used on personal websites, in social media, email, e-cards, blogs, mobile communication, and video-sharing services (including YouTube, Vimeo, etc.) so long as the Buyer has no commercial purpose (including, but not limited to advertising, affiliate programs, referral income, sales intent, etc.) associated with that site. In the event that a Buyer transitions any of the above listed media channels from personal to commercial use, the RendrFX Content must be removed and replaced with an appropriately licensed CMGV.
CMGVs created with a Personal Template License may not be re-sold in any way, shape, or form.
II. A COMMERCIAL TEMPLATE LICENSE grants you the right to use Content:
For commercial use or to officially represent any sort of organization for which you have authority (including, but not limited to non-profit organizations, academic institutions, athletic organizations, etc.). Commercial Template Licenses may also be used in any personal manner permitted under a Personal Template License.
Any digital reproduction may be used on commercial websites, in social media, in advertising, mobile “apps”, software, email, e-cards, e-publications (e-books, e-magazines, blogs, etc.), mobile communication, and video-sharing services (including YouTube, Vimeo, etc.). CMGVs created with a Personal License Template may not be re-sold in any way, shape, or form.
In Productions (i.e., a film, video, television series, advertisement, or other multimedia production) displayed or distributed to the public by any means known now or hereafter devised.
In connection with a live performance.
CMGVs created with a Commercial Template License may be re-sold to both individuals and businesses.
Incorporated as elements of digital templates for sale or distribution.
III. A SPEC TEMPLATE LICENSE grants you the right to use watermarked, low resolution Content as a spec (the "Spec CMGV") solely in test, sample, comp, or rough edit evaluation materials. Spec Template Licenses do not permit you to display or distribute any “Spec CMGV” or derivative work to the public (including but not limited to websites, social media, productions, email, etc.) or incorporate into any final materials any such Content. Spec CMGVs can be edited, but you may not remove or alter the RendrFX watermark.
b. If the RendrFX Personal or Commercial Template Use Licenses do not grant the rights you need, please contact Customer Service. (Email: Support@rendrfx.com)
c. RESTRICTIONS ON USE OF TEMPLATE, YOU MAY NOT:
Use Content or the end CMGV other than as expressly provided by the license you purchased with respect to such Content.
Use any Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
Resell, redistribute, provide access to, share or transfer any Content except as specifically provided herein.
Use 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.
Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content.
Portray any person depicted in 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) in a religious context; e) as suffering from, or medicating for, a physical or mental ailment; or f) engaging in immoral or criminal activities.
d. If you require any of the previous rights, please contact Customer Service. (Email:Support@rendrfx.com)
While RendrFX makes commercially reasonable efforts with respect to Content submissions, including but not limited to receiving certain representations from its Artist Contributors, RendrFX provides all Content “AS IS” WITHOUT WARRANTY OF ANY KIND AND RENDRFX SHALL NOT BE LIABLE FOR ANY MISREPRESENTATIONS OR INACCURACIES RESULTING FROM ANY ARTIST CONTRIBUTORS AND/OR ANY CONTENT SUBMITTED OR PROVIDED THEREBY. YOUR USE OF THE CONTENT/CMGVs IS AT YOUR SOLE RISK.
You will indemnify and hold RendrFX, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Content. You further agree to indemnify RendrFX for all costs and expenses that RendrFX incurs in the event that you breach any of the terms of this or any other agreement with RendrFX.
a. Except when required by law, RendrFX shall be under no obligation to issue refunds under any circumstances. In the event that RendrFX 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.
b. "Non-transferable" as used herein means that except as specifically provided in these Terms of Service, Licenses, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Templates (including Content therein and subsequent CMGV) or the right to use Content or CMGVs. If you become aware that any Social Media Website uses any Content in a manner that violates your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify RendrFX 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 Visual Content please notify us via email at Support@rendrfx.com.
c. 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 RendrFX, upon RendrFX's reasonable request.
d. The validity, interpretation and enforcement of these Terms of Service, Licenses, matters arising out of or related to the Terms of Service, Licenses or its making, performance or breach, and related matters shall be governed by the internal laws of the Commonwealth of Pennsylvania (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of the Terms of Service, Licenses, matters arising out of or related to this Terms of Service, Licenses or its making, performance or breach, or related matters shall be brought exclusively in the courts of the Commonwealth of Pennsylvania, Allegheny County, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these Terms of Service, Licenses. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Service, Licenses may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law.
e. If you are agreeing to these Terms of Service, Licenses on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to RendrFX for any breaches of the terms of these Terms of Service, Licenses.
f. If any individual term of these Terms of Service, Licenses is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the Terms of Service, Licenses, so that these Terms of Service, Licenses shall otherwise remain in full force and effect.
g. It is expressly understood and agreed that this Terms of Service, Licenses is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Terms of Service, Licenses as to third parties.
h. In the event that you breach any of the terms of this or any other agreement with RendrFX, RendrFX shall have the right to terminate your account without further notice, in addition to RendrFX's other rights at law and/or equity. RendrFX shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
i. RendrFX grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Content. RendrFX only has model or property releases where expressly indicated on the RendrFX website, and the existence of any such releases shall not affect the DISCLAIMERS set forth above.
k. All Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
l. RendrFX does not warrant that the Content, RendrFX websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.
m. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting RendrFX, RendrFX reserves the right to file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.
Effective September 11, 2015