Updated 12 November 2018
This agreement applies to any video produced using the Biteable web application available at biteable.com or downloaded, streamed or otherwise sourced from biteable.com.
1. All Video graphics used or made available as part of the Biteable web application are the sole and exclusive intellectual property of Biteable Pty Ltd (“Biteable”).
2. Biteable distinguishes between Licensees that access the Biteable web application on a free basis (“Non-paying Licensee”) and on a paid basis (“Paying Licensee”) and grants a licence on this basis.
2.a. For Non-paying Licensees: The Non-paying Licensee is hereby granted a worldwide, perpetual, non-exclusive, non-assignable, non-transferable right and licence to publicly display a Video solely for personal, informational, non-commercial purposes and to authorise others to display the Video.
2.b. For Paying Licensees: The Paying Licensee is hereby granted a worldwide, perpetual, non-exclusive, non-assignable, non-transferable right and licence to publicly display the Video for commercial purposes (such as advertising and promotional projects and online publications) and to authorise others to display the Video.
3. In addition to the rights granted under section 2 above, a Licensee, or Licensee’s customers, right to use a Video for non-broadcast purposes will be subject to the following restrictions:
3.a. The audio file(s) used in a Video (“Audio”)may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Video. Further, the Audio, may not be resold, licensed, leased or in any way distributed to any third party.
3.b. Release or redistribution of the Audio (e.g., making it available for download via the internet) is not permitted.
3.c. Use of the Video file (with or without Audio) in any items for resale, license or other distribution for profit is not permitted;
3.d. Including the Video file (with or without Audio) in templates of any nature, including templates for websites, documents, projects or otherwise for distribution and/or sale to third parties is not permitted;
3.e. Use of the Video (with or without Audio) in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates and electronic greeting card templates is not permitted.
3.f. Use of the Video (with or without Audio) to create a derivative work based on or incorporating the Video is not permitted.
4. This Licence Agreement does not authorize or permit any use of any Video that is not expressly set forth herein or to make any other use of a Video not expressly authorized here-under. Biteable reserves all rights not expressly granted to Licensee here-under. All rights granted here-under are granted on a non-exclusive basis.
5. Biteable accepts no responsibility or liability for any loss of business or business profits (or any other special or consequential loss) resulting directly or indirectly from the use of a Video.
6. This Licence Agreement is binding upon, and shall inure to the benefit of, any respective successors and/or assigns of the parties hereto.
7. Licensee must own the copyright of any files uploaded to biteable.com for use in a Video.
8. IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT OR ANY USE OF THE VIDEOS BY A THIRD PARTY, ALL RIGHTS GRANTED UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF THE VIDEOS BY LICENSEE SHALL CONSTITUTE AN INTENTIONAL INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE VIDEOS. THE COPYRIGHT OWNER(S) OF THE VIDEO HEREBY RESERVES ALL OF THEIR RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.