"Licensed Asset" – refers collectively to Images,Videos and Music Videos available for purchase on this Site.
"Image(s)" – means still digital images, vectors, graphics, photographs and similar media.
"Video(s)" – means any moving images, animations,motion graphics and other visual content recorded in any format.
"Music Video(s)" – means any moving images, animation,motion graphics and other visual content that incorporates musical compositions or recordings containing sounds or a series of sounds.
"Site" – means this website associated with the forgingmind.com domain.
"Commercial Use" – is any use:
- that involves an exchange of money or other consideration
- that promotes a business, product or service
- where financial gain or other consideration is sought of Licensee’s use of the Licensed Asset
If one or more of the above is true it qualifies as “Commercial” use and requires the purchase of a Commercial license whereavailable. Some products may not be available for sale with a Commercial license. The licenses available for each product are shown on the individual product detail page.
This is a license agreement between you and Forging Mind that explains how you can use Licensed Asset(s) that you purchase from this Site. This license agreement grants you, the purchaser, an ongoing,
non-exclusive, non-transferable worldwide license to make use of the Licensed Assets purchased on this site. By purchasing and downloading Licensed Assets from this site you accept the terms of this agreement.
This is a single seat license agreement authorizing one natural person to license, download and use the Licensed Assets. No other persons including employees, co-workers or independent contractors) may access or use the Licensed Assets.
If you have any questions, please feel free to contact us
for friendly advice.
A Personal Image license grants you the right to use Images:
- On one personal or individual social media account (not on a company or business social media page) for Non-commercial use;
- As a digital reproduction, including personal websites, blogs, e-cards, e-publications (e-books, e-magazines) for Non-commercial use;
- To create physical end products not for resale or wholesale such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, posters, home decor, accessories etc. for Non-Commercial use only.
A Commercial Image license grants you the right to use Images:
- On one business social media account for Commercial or Non-commercial use;
- As a digital reproduction, including on websites, blogs, album covers, in online digital advertising, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Vimeo, etc), provided the budget for any such production does not exceed USD $10,000;
- To create printed products, physical end products or product packaging such as, but not limited to, business cards, business stationary, boxes, gift wrap, CD and DVD cover art, clothing, cards, invitations, stickers, mugs, stamps, posters, home decor, accessories and tangible media including magazines, newspapers and books for Commercial use, subject to the quantity
limitations set forth below;
- Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000. Please contact me for a custom license if a larger budget is required;
- For your own personal, Non-Commercial use (not for resale, download, distribution, publication or any Commercial use of any kind).
Quantity Limitations on End Products for Commercial Use: No more than 10,000 lifetime combined individual printed products, end products or packaging (digital or physical) sales, instances, impressions that incorporates the Licensed Asset is permitted for Commercial use.
Please contact me for a custom license if greater quantities are required.
A Personal Video license grants you the right to use Videos or Music Videos:
- For your own personal, non-commercial use (not for resale, download, publishing, distribution, or any Commercial use of any kind);
- Copy the Video or Music Video to a personal electronic device for the purpose of viewing such as a mobile phone, tablet, smart TV, home theater system for personal use only;
- Restrictions on personal use: you are not permitted to upload a Video or Music Video to a personal social media account or online streaming service such as YouTube, Vimeo etc. Personal Video licenses are for offline viewing only.
A Commercial Video license grants you the right to use Videos:
- To create End Products for yourself or your clients. Selling unedited videos is not permitted. So mix it up by adding text, image overlays, your branding, logos, music or spoken words. If you create an End Product for a client, then this license is sub-licensed to your client only for use in the intended purpose of that specific End Product. You must not permit an end user to extract the video and use it separately from an End Product;
- As a visual background to any kind of spoken word recording. For example, guided meditations, positive affirmations or instructional video recordings. You may sell, stream or distribute these recordings in digital formats, live projections and as DVD or Blu Ray on both online and offline distribution channels. Please provide accreditation as described below;
- On social media channels. Posting unedited videos is not permitted. So mix it up by adding text, image overlays, your branding, logos, music or spoken words. Personalize it and post away.
- You can use our videos in live performances and public
places. For example, health and fitness studios, meditation events, yoga
classes, clinics, day spas, hotels, restaurants and conferences.
- You can use our videos as part of an internally developed corporate wellness program where the total number of employees does not exceed 500.
- You can use our videos in the background of a computer or mobile application. However you cannot use our videos if your app is designed to play the video by itself. You must combine the video with a voice-over, music or other visual elements.
- You can edit and modify videos by trimming, applying fade-ins and fade-outs and adding transitions from one video to another. You can combine multiple videos into a single video to create an End Product. You can add your branding, watermarks, logo and other graphic elements or music that you own or are licensed to use, to the videos, to create an End Product.
Quantity Limitations on End Products for Commercial Use: No more than 10,000 lifetime combined individual multi-media products, digital downloads, DVD/Blu Ray discs, sales, instances, displays that incorporates the Licensed Asset is permitted for Commercial use.
Please contact me for a custom license if you require greater quantities or if the Commercial Video License does not grant the rights you require.
Restrictions on Use of Licensed Asset(s)
YOU MAY NOT:
- Sub-license the Licensed Asset to any third party.
- Publish, resell, redistribute, stream the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset;
- Make public or share the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset;
- Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, abusive, racially or ethnically offensive, harassing, offensive, or defamatory material;
- Falsely represent authorship and/or ownership of the Licensed Asset;
- Use the Licensed Asset in a manner that infringes upon any third party's trademark or other intellectual property;
- Use the Licensed Asset (in whole or in part) as a trademark, service mark, or logo;
- Claim ownership or copyright of the licensed assets, even if modified.
Any other use that is not expressly permitted in herein.
Restrictions Specific to Videos and Music Videos
YOU MAY NOT:
- Publish, resell, redistribute, stream the Licensed Asset as a 'video only' product. You cannot redistribute or stream Videos as a video clip, as stock, in a bundle, in a tool or template, or with source files. You cannot redistribute or stream the Videos as-is or with minor or superficial modifications. For example, you cannot simply stylize or recolour a Video and sell it as your own.
- Use any Video or Music Video in a multi-media production distributed via broadcast, cable network, satellite, Over-the-Top (OTT) video service (e.g. Netflix, Hulu, Amazon), or in theaters.
- Publish, resell, redistribute still images extracted from Videos and Music Videos as stock imagery, backgrounds or elements whether modified or unmodified is strictly prohibited.
Providing a Credit
A credit is a welcome gesture of respect that will also help to prevent copyright claims. Here are some examples of how to publish a credit.
(Title of Video) video licensed by Forging Mind
You can edit our videos if necessary, trimming it, applying fade ins, fade outs and transitions from one video to another.
You may add your branding, logos and other images or music that you own or are licensed to use, to the videos, to create an End Product.
If you need to send our videos to a third party who will be assisting you in creating an End Product for sale or redistribution, you are free to do so via any means. Please ensure that the videos are shared only with authorized third parties who are directly involved in the development of your End Products or projects. Please take all reasonable measures to prevent unauthorized copying and distribution of our videos.
Our videos are royalty free. Once payment from your purchase is received you will not have to pay any ongoing fees of any type.
Duration of License
This license has no expiry date. Provided that your payment is received in full and excepting any instance in which you breach the terms of this license agreement, you can continue to use the Licensed Asset(s) indefinitely.
Grant of License
This license is granted to one person, or to one business entity. Licenses are not transferable.
Intellectual Property and Copyright
Any video downloaded by you is licensed to you by Forging Mind and its copyright is protected by Australian copyright law and international treaty provisions. Except for your limited right to use the videos, Forging Mind shall have and shall retain the entire right, title and interest in and to all intellectual property rights arising from or relating to
the videos and images packs and all copies thereof.
No ownership or copyright in any videos or images taken from the videos shall pass to you by the issuance of this license.
Warranty and Limitation of Liability
Forging Mind warrants that:
(i) the Licensed Asset(s) will be free from defects (your sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Asset(s);
(ii) it has the necessary rights and authority to grant you the rights outlined in this license;
(iii) your use of the Licensed Asset(s) is in accordance with the terms outlined in this license, excluding any modifications made by you, will not infringe on any copyright, moral right, trademark or other intellectual property rights. Forging Mind does not make any other warranties, express or implied, regarding the Licensed Asset(s) or its delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Forging Mind shall not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of your use of the Licensed Asset(s), even if Forging Mind has been advised of the possibility of such damages, costs or losses. Nor shall Forging Mind be liable for any damages, costs or losses arising as a result of modifications made to the Licensed Asset(s) by you or the context in which the Licensed Asset(s) are used in your work. Forging Mind's liability shall in no event exceed the actual price paid for the video license.
You shall indemnify, defend and hold the licensor harmless from any and all claims, losses, costs, damages and expenses resulting from or arising out of:
(i) your breach of this agreement;
(ii) your unauthorized use of the Licensed Asset(s);
(iii) your activities after the licensor has notified you that such activities may result in the infringement of the intellectual property rights of any third party;
(iv) any claim that the Licensed Asset(s) or the use thereof infringes upon, misappropriates or violates any patents, copyrights, trademarks, trade secret rights or other proprietary rights of a third party.
Any use of the Licensed Asset(s) in a manner not expressly authorized by these license terms (including, without limitation, use of the Licensed Asset(s) by more than one (1) user without the purchase of additional licenses), constitutes copyright infringement, entitling Forging Mind to exercise all rights and remedies available to it under copyright laws throughout the world.
Forging Mind reserves the right to terminate your right to use the Licensed Asset(s) immediately upon your breach of these license terms. Upon termination, you must stop using the Licensed Asset(s) immediately. Termination of your rights shall not limit Forging Mind from pursuing any other remedies available to it, including, but not limited to, injunctive relief, nor shall termination relieve you of your obligations to pay Forging Mind any applicable license fees. You shall be responsible for any damages resulting
from any such copyright infringement, including any claims by a third party.
We provide a preview of all videos for your review. It is not possible to refund or exchange any product that has already been downloaded. Once the download has taken place, the purchase is final.