Free-drumloops.com Royalty Free License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING ANY LOOP VARIATION FILES FROM THE SITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FOOTAGE FIRM, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE ANY VARIATION LOOP FILES..
PLEASE NOTE THAT this Agreement is subject to change by Footage Firm in its sole Discretion at any time. When changes are made, Footage Firm will make a new copy of this Agreement on the Site. Any changes to this Agreement will be effective immediately for any Variation loop files that you have not downloaded and will be effective thirty (30) days after Posting of notice of such changes on the Site for Variation loop Files already downloaded by You. Footage Firm may require you to provide consent to the updated Agreement in a Specified manner before further use of the Site or the Variation loop Files is permitted. If you Do not agree to any change(s) after receiving a notice of such change(s), you shall stop using The Site and/or the Variation loop files. Otherwise, your continued use of the Site and/or Variation loop Files constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.
1. License. Any download of a Variation loop File is a license, not a sale. Subject to the terms Of this Agreement and your compliance with this Agreement, Footage Firm grants to you, an Individual user (not a business entity), a limited, non-exclusive, non- transferable, worldwide Right to use any Variation loop File you download solely as incorporated into a work with Substantial value added by you such that the transformed or derivative work is not Recognizable as the Variation loop File nor is the Loop File capable of being downloaded, Extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will Constitute the work as a “Derivative Work” for the purposes of this Agreement). As long as You meet the foregoing restriction, you may use the Variation loop Files in nearly any project, Including feature films, broadcast, commercial, industrial, educational video, multimedia, Games, and the internet. When we use the phrase “non-transferable,” we mean that except as Specifically provided in this Agreement, you may not sell, rent, loan, give, sublicense, or Otherwise transfer to anyone, the Variation loop Files or the right to use the Loop Files. Footage Firm reserves the right to withdraw Variation loop Files from the Site at any time, for any Reason.
Limitations. The Loop Files may not be: (i) sold, licensed or otherwise distributed on a stand-alone basis, as a Loop file, shared with any non-licensed individuals including, but not limited to, colleagues or clients, or included in any other media or stock product, library, or collection for distribution or resale; (ii) used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the Variation loop Files, or any part thereof; (iii) made available on a web page or other display as a separate or downloadable Reusable file; or (iv) disassembled, decompiled, reverse engineered, translated, or otherwise decoded. You may however, transfer Loop Files to a third party for the sole purpose of causing such third party to produce or manufacture Derivative Works subject to the terms and conditions herein. If you provide Loop Files to a client as part of your work product, the client may not reuse the Loop Files for any purposes other than a review of your work product without purchasing a separate license.
Additionally, no for-profit enterprise may receive more than five (5) total licenses under this Agreement. (Such enterprises must obtain a separate Enterprise License.)
Prohibited Uses. (i) You may not use Loop Files, nor encourage others to use the Loop Files, in any way that:
1) Is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
2) Harms minors in any way;
3) Impersonates any person or entity, including, but not limited to, Footage Firm personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4) Makes available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
5) Make available any content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
6) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
(ii) Additionally, you may not use any Variation Loop Files that depicts any person therein in a way that a reasonable person might find offensive, which includes,
but is not limited to, the use of Loop Files:
1) in pornography, "adult videos" or the like;
2) in ads for tobacco products;
3) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services;
4) in connection with political endorsements;
5) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products or services, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products;
6) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Loop Files containing the likeness of a person if such use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
(iii) Your license does not restrict your right of public performance, such as broadcasting the Loop Files in whole or in part in television or radio broadcasts.
3. Fees and Payments: In exchange for your usage of the Loop Files as provided hereunder, you must have a registered “free-drumloops.com” account at the time of downloading. This license applies to all files you downloaded during your subscription (regardless of whether it was a paid or free trial account), and remains in effect even after you cancel your account. (You may continue to use the loops you downloaded even after account cancellation, as described in this Agreement, in perpetuity.) You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Loop Files, pursuant to this Agreement.
ANY LOOP FILES DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITE OR THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING OR DOWNLOADING SUCH CONTENT.
(i) cease using the Loop Files for any purpose;
(ii) destroy or delete all copies and archives of the Loop Files or accompanying materials; and (iii) if requested, confirm to Footage Firm in writing that you have complied with these requirements, provided, however, that such requirements in
(i), (ii) and (iii) shall not affect or limit your use of any existing Derivative Works containing Loop Files. Upon notice from Footage Firm, or upon your knowledge that any Loop File is subject to a threatened, potential or actual claim of infringement of another's right for which Footage Firm may be liable, you must immediately and at your own expense (i) stop using the Loop File; (ii) delete or remove the Loop File from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise. Footage Firm will provide you with replacement Loop Files (which shall be determined by Footage Firm in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.