LumaFusion End User License Agreement and Terms Of Use For Subscription Purchases

LumaFusion End User License Agreement (EULA)

Last Revised: 11/11/2020

LumaFusion is an app made available through the App Store and is licensed, not sold, to you. Your license to LumaFusion is subject to your prior acceptance of either this End User License Agreement. This license to LumaFusion (“Licensed Application”) is granted by Luma Touch LLC (“Licensor”). Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” 

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Terms of Use for Storyblocks Royalty-Free Content Subscriptions

Last Revised: 08/08/2018

Purchase of a subscription to access Storyblocks content in LumaFusion indicates acceptance of the following terms of use for the stock files made accessible through the subscription.

1. License. Any download of a Stock File falls under a license and does not constitute a sale of that Stock File. Subject to the terms of this Agreement, your compliance with this Agreement and any stated restrictions that accompany the Stock File, VideoBlocks hereby grants to you a limited, non-exclusive, non-transferable, perpetual, worldwide right to use any Stock File you download solely as incorporated into a work created by you such that the Stock File is not capable of being downloaded, extracted or accessed by a third party as a stand-alone file. Notwithstanding the foregoing, with respect to Stock Files you use on the Internet, or other online or interactive media outlet, you agree you shall use your best efforts to protect and secure the Stock File to ensure that it cannot be copied and cannot be searched and downloaded in broadcast or substantially comparable quality, but your failure to prevent copying will not be deemed a breach of this Agreement. As long as you meet the foregoing restrictions, you may use the Stock Files in nearly any project, including feature films, broadcast, commercial, industrial, educational video, print projects, multimedia, games, merchandise, 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 Stock File or the right to use the Stock File. VideoBlocks reserves the right to withdraw Stock Files from the Site at any time, for any reason.

2. No distribution. The Stock Files may not be: (i) sold, licensed or otherwise distributed on a stand-alone basis, as a stock 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 Stock Files, or any part thereof; (iii) deliberately made available as a separate or downloadable reusable file on a web page or other display; or (iv) disassembled, decompiled, reverse engineered, translated, or otherwise decoded. You may however, transfer Stock Files to a third party for the sole purpose of causing such third party to produce or manufacture a new work that incorporates the Stock Files with substantial value added by you (“Derivative Works”) subject to the terms and conditions herein. If you provide Stock Files to a client as part of your work product, the client may not reuse the Stock Files for any purposes other than a review of your work product without purchasing a separate license. You may not use automation techniques to download or “scrape” high volumes of Content.

3. Prohibited uses. You may not use Stock Files, nor encourage others to use the Stock Files, in any way that:
a. 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;
b. Harms minors in any way;
c. Impersonates any person or entity, including, but not limited to, VideoBlocks personnel,
or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. 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);
e. 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;
f. Intentionally or unintentionally violate any applicable local, state, national or international
law or regulation, or any order of a court;

4. Model-released content. Additionally, for those Stock Files that depict one or more identifiable person(s), you may not use such Stock Files in a way that a reasonable person might find offensive, which includes, but is not limited to, the use of Stock 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; and (6) uses that are contain otherwise unlawful, offensive or immoral content. You may not use Stock 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.

5. Content Releases. Not all stock files have model or property release that require them for certain uses, and some content is for editorial use only.  It is your responsibility to ensure legal use of all Stock Files provided. LumaFusion includes filters for Storyblocks content (tap on the Sort button at the bottom of the library) to ensure only model-released, content-released, or editorial content is shown. If you need more information about model and property releases, please view this guide https://www.alamy.com/help/what-is-model-release-property-release.aspx