END USERS LICENSE AGREEMENT

1 Agreement to terms

PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, DOWNLOADING, RECEIVINGOR USING ALL OR ANY PORTION OF THESE DIGITAL ASSETS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This License Agreement constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”) and Geert Lenssens (“we”, “us” or “our”), concerning your access to and use of a pack of digital assets, which include the following: still images ( 'The Content'). This Agreement applies to licenses issued via the world wide web and is applicable to online, digital delivery of The Content. The same Agreement applies to free packs as for pack for sale. Our aime is to sell The Content to professional clients who will make a living from using The Content in their creative practices.

Any reference in this Agreement to The Content shall be to each individual item within The Content and to The Content as a whole.

We are registered in Belgium and have our registered office at Beugelstraat 11, 9620 Zottegem. Our VAT is BE 0694.603.538.

By downloading The Content from Gumroad's platform, you indicate that you agree to be bound by and accept all of the terms and conditions in this Agreement.

Gumroad is referred to in this Agreement as 'The Selling Platform'.

The parties of this Agreement acknowledge that The Selling Platform is not a party to this Agreement and is not bound by any provisions or obligations with regard to The Content, such as warranty, liability and support thereof. Geert Lenssens, not the selling platform, is solely responsible for The Content.

2 Intellectual property rights

All Content provided hereunder is licensed, but not sold to you. Unless otherwise indicated The Content and any intellectual property rights and any other exclusive rights on The Content, in or related to these digital assets are our proprietary property.

Except as expressly provided in this Agreement, no part of The Content may be copied, reproduced, aggregated, republished, uploaded, posted, shared, publicly displayed, transmitted, distributed, sold, (sub-)licensed, rent, lent, leased or otherwise exploited for any commercial or non-commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you.

This work is based upon other work that is under a public domain license or a commercial license – no attribution – no naked redistribution. These compositions are designed by Geert Lenssens on which he has the copyright.

3 User representations

By downloading and using The Content you represent and warrant that

1. you have the legal capacity and you agree to comply with these Terms of Use

2. you are of legal age to form a binding contract with Geert Lenssens

3. you will not use The Content for any illegal or unauthorized purpose

4. your use of The Content will not violate any applicable law or regulation

In establishing an purchase you agree to provide only true, accurate, current and complete information about yourself or the business or entity you are authorized to represent.

By agreeing to this document you declare to understand the terms & conditions of this Agreement. You guarantee to have enough knowledge of English as a language to understand and agree to this document.

Deutsch: Indem Sie diesem Dokument zustimmen, erklären Sie, die Bedingungen dieser Vereinbarung zu verstehen. Sie garantieren, dass Sie über ausreichende Englischkenntnisse verfügen, um dieses Dokument zu verstehen und ihm zuzustimmen.

Nederlands: Door het akkoord gaan met dit document, verklaart u tevens deze algemene voorwaarden te verstaan. U garandeert over voldoende kennis van het Engels als taal te beschikken om het te begrijpen en uw akkoord te geven over dit document.

Français: En acceptant ce document, vous déclarez de comprendre les termes et conditions de cet accord. Vous garantissez d'avoir une connaissance suffisante de l'anglais, la langue, pour comprendre et accepter ce document.

Espagnol: Al aceptar este documento, declara comprender los términos y condiciones de este Acuerdo. Usted garantiza tener suficientes conocimientos de inglés como idioma para comprender y aceptar este documento.

4 License

Subject to your full compliance with the terms and conditions of this Agreement Geert Lenssens grants you a revocable worldwide non-exclusive, non-sublicensable, non-transferable, royalty-free license to use The Content for the rest of your live in commercial and non-commercial creative projects: meaning synchronization to any of the following: sound, music, dance, spoken words, a play, a performance, a promotional video or video commercial, a vlog, an explainer video; except for the uses stipulated under prohibited activities. You can use The Content in live physical offline situations or performances, as in VJ shows (for bands, in a club, on a dance show), artistic installations or projections, and online (live) streams, online videos and in recordings of such activities.

You may deliver The Content in finished products, in combinations with several assets of different media, integrated in a project, to your clients.

You may modify, alter, combine The Content for your use.

You may create and store copies only on 4 devices that you own or control. You may not remove any intellectual property notices.

You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove The Content from the Devices before doing so.

This is a personal license granted to you, the purchaser, and does not extend to any other person or group. If you purchase The Content on behalf of a business you are authorized to represent, this license grants the use of The Content to one user (Get in contact for a group license). You must be able to provide a proof of purchase in your name.

5 Prohibited activities

You may not use The Content for any purpose other than stipulated in these Terms of Use. The digital assets may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

This license does not permit you to relicense, sell, distribute or otherwise repackage any part of this library or to profit from it in any way outside of creative endeavors previously mentioned. This license expressly forbids any unauthorized inclusion or re-distribution of any copy of The Content, modified or not, or new visual content derived from or based on The Content or new visual content resulting from mixing the Content with other visual content in whole or in part in any library for third parties to use as digital asset for their own projects. (e.g. Videoloops pack, videoloop library, etc.) online or offline without our express written consent.

You can not claim ownership or authorship of The Content.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

6 Prices

All prices are subject to printing and typographical errors. For the consequences of printing and typesetting errors, no liability is accepted. In the event of printing and typesetting errors, we are not obliged to deliver the product in accordance with the wrong price.

7 Termination

If you violate the rules set out in this Agreement, we have the right to immediately suspend or terminate the license that is granted to you by this Agreement.

Violation of any of these terms terminates your license and legal use of this video library.

Upon License termination, you shall stop all use of The Content, and destroy all copies of The Content, full or partial.

8 Refund policy

Try before you buy! There is a free pack of similar clips, created with the same settings as the video clips for sale. Buyers are advised to first download the free clips and evaluate their specifications and quality before purchasing clips for sale.

Downloaded libraries can't be returned, so we can't provide refunds, except for specific reasons set out by the selling platform. We may choose to do a refund at our own discretion, but please be aware that as soon as you've downloaded it, you can't return it.

The Selling Platform may grant a refund (partial or full) of the Retail Price of any Digital Good purchased using their platform for some specific reasons. Please refer to their Terms of use for more details.

9 Governing law

These conditions are governed by and interpreted following the laws of Belgium, and the use of the United Nations Convention of Contracts for the international Sale of Goods is expressly excluded. Geert Lenssens and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Arrondissement Oudenaarde, Oost-Vlaanderen, Vlaams Gewest, Belgium.

For consumers (non-professional users)

If your habitual residence is in the EU, and you are a consumer (you don't make any money using The Content), you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. You can make a claim to defend your consumer protection rights in regards to these Terms of Use in Belgium, or in the EU country in which you reside. The European Commission provides an online dispute resolution platform, which you can access here https://ec.europa.eu/consumers/odr

10 Disclaimer

The Content is provided on an as-is basis. You agree that your use of The Content will be at your sole risk. To the fullest extend permitted by law, we disclaim all warranties, express or implied, in connection with the digital assets and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11 Force majeure

Neither you nor Geert Lenssens shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.

12 Limitations of liability

In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the Content or the use of that. In no event will we, or our agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of The Content, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

13 Indemnifications

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. use of The Content

2. breach of this License Agreement

3. any breach of your representations and warranties set forth in this License Agreement

4. your violation of the rights of a third party, including but not limited to intellectual property rights

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14 Electronic communications, transactions and signatures

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, on the Selling platform and with your download of The Content, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SELLING PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

15 Miscellaneous

The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.

If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

16 Contact us

In order to resolve a complaint regarding The Content or to receive further information regarding use of The Content, please contact us at:

Geert Lenssens

Beugelstraat 11, 9620 Zottegem, Belgium

phone: +32 472 686 234

geertlenssens@gmail.com

download the PDF of this EULA