The proceeding License Agreement is current as of October 6, 2017 and replaces and overrides any and all other license agreements associated with DrivingPlates.com products before the above date.
In employing the use of any DrivingPlates.com products, you automatically agree to be bound by the terms set by this agreement. Some of our users may be entering into this agreement on behalf of another party. If this be the case, the user and the other party are obligated to abide by the rules and limitations of this agreement. This does not cease to be the case if you end representation of that other party, such as ending employment by your employer, at such time your employer, studio, distributor or owner of the rights' of the project will continue to operate under this agreement.
Terms and Definitions:
“DrivingPlates.com products”, "footage" or “content” refers to, but is not limited to, any images, clips, films, videos, or animations that are created, controlled, or acquired by DrivingPlates.com LLC. When we say “Royalty Free” we are assuring you that after the set license fee, you will not be asked to pay any further charges pertaining to a single or multiple use of the licensed content within your Production. “Limitations” and “Restrictions” refer to the specific uses of DrivingPlates.com products that are unauthorized and NOT allowed by DrivingPlates.com LLC, and are exceptions to the grant set forth by this agreement.
Grant of License:
You are being granted a nontransferable, non-exclusive and royalty-free right (except as otherwise set forth in this agreement) to use, alter and reproduce the DrivingPlates.com content (the “Footage” If applicable, multiple footage IDs are listed at the end of this document), in the production entitled “Project Title” (the “Production”, "You", "Your"). This consent includes the right to use the Footage in connection with the distribution, exhibition and exploitation of the Production in any and all media, now known or hereafter developed, in perpetuity throughout the universe, to which the following terms and conditions apply:
The Footage may only be used solely for use in the above stated Production and for no other purpose whatsoever. You may not sell, rent, lease, loan, or sub-license the DrivingPlates.com content to another person, company, or party. Any material produced using the DrivingPlates.com content must be for the Production's own use and not for individual use outside the Production, whereby the end-user of Your work must be either Your company, employer, client, studio or customer.
Allowed General Use:
The DrivingPlates.com content, edited or used in unedited form, on 5 or more network-based or single computers within the same company. Notwithstanding the foregoing, You may license and/or transfer ownership of the final project in connection with the distribution, exhibition and exploitation of the final project containing the licensed Footage as may be necessary; however, such right does not extend to distribution or transfer of the rights of the DrivingPlates.com content to an outside project.
DrivingPlates.com content may be used in projects such as feature film, television, multimedia, internet, broadcast, commercials, live performance, video, advertisement, printed projects, or presentations. The DrivingPlates.com content in whole or in part, and any derived work thereof may not be used in any way as templates, stand-alone backgrounds, stock elements or effects imagery elements, made available as downloadable files or included in any other stock footage product, library, collection, or set of clips for distribution or resale, regardless of whether the DrivingPlates.com content have been drastically altered. All customized visual effects created by DrivingPlates.com LLC fall under this same agreement, and, unless otherwise agreed upon in writing, DrivingPlates.com LLC remains the author and owner of such effects, and reserves the right to include them for sale in existing or future content or for individual purchase.
RESERVATION OF RIGHTS:
DrivingPlates.com LLC reserves all rights to the Footage. DrivingPlates.com LLC shall at all times, anywhere in the world, whether or not in conflict or competition with the Production, have the right to use or authorize other to use the Footage in any way desired. Additionally, you agree to take all reasonable steps possible to prevent any third party from duplicating or distributing any of the DrivingPlates.com content included in the finished work.
All DrivingPlates.com content is copyright DrivingPlates.com LLC and are protected by United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the DrivingPlates.com content are transferred to you. DrivingPlates.com LLC retains all rights not expressly granted by this license agreement. Production represents and warrants that it will have the notice required for copyright protection under the United States Copyright Act and in accordance with the requirements of the Universal Copyright Convention.
The DrivingPlates.com content may not under any circumstances be used in or in conjunction with, or as part of pornographic, obscene, fraudulent, libelous, infringing, or illegal material.
DrivingPlates.com LLC will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the DrivingPlates.com content except to the extent of DrivingPlates.com LLC negligent acts or omission or to the extent of DrivingPlates.com LLC breach of any warranty set forth herein. In no event shall DrivingPlates.com LLC's aggregate liability to You exceed Ten Thousand Dollars ($10,000) USD.
Breach of Agreement:
You agree to indemnify and hold DrivingPlates.com LLC harmless from and against any damages or liability of any kind arising from your use of the DrivingPlates.com content in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct. DrivingPlates.com LLC shall be limited to an action for money damages for any breach by you under this agreement.
DrivingPlates.com LLC warrants the content to be free from defects in material and workmanship for 90 days from delivery. Except for DrivingPlates.com LLC breach of any warranty herein, your sole and exclusive remedy for a breach of this warranty is the replacement of the DrivingPlates.com content, applicable media, or a refund of the license fee, at the sole option of DrivingPlates.com LLC. DrivingPlates.com LLC represents and warrants that DrivingPlates.com LLC is the sole owner of all copyrights for authorship of the content and that no permissions from any third party is required. The content is acquired in the public space and, due to the nature of the content, releases of likeness and property are not possible. As such, the content is to be considered for editorial use and any additional clearances are Your responsibility. DrivingPlates.com LLC makes no other warranties or representations with regard to the DrivingPlates.com content and any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement are hereby disclaimed.
A waiver by either party of any of the terms and conditions of this agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future or of any subsequent breach thereof.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
The parties agree that in the event of any disputes arising hereunder, such disputes shall be governed under the laws of the state of California. The parties further agree to be subject to the jurisdiction thereof.
DISPUTE RESOLUTION CLAUSE:
All disputes arising out of this agreement shall first be negotiated between the parties in good faith. Should a dispute arise between You and DrivingPlates.com LLC, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for claims regarding intellectual property rights) under this Agreement, shall then be submitted to mediation in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If mediation is not successful in resolving all disputes arising out of this agreement, those unresolved disputes shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. Any mediation or arbitration shall be conducted in Los Angeles, California.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT
No term or condition may be added, deleted or modified unless made in writing and signed by both parties. This Agreement is intended to supersede, replace, and render null and void any similar written or oral agreements currently in place between the parties related to this subject matter.
If you have any questions or concerns regarding any aspect of our License Agreement, we invite you to email us at firstname.lastname@example.org .