LumaFusion End User License Agreement (EULA)
Last Revised: 11/11/2020
Last Revised: 08/08/2018
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
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