Types of licenses available
For private and domestic use.
For institutional purposes, including campaigns or publicizing the Licensee's activities.
For the use of content for commercial purposes, provided it is not for advertising purposes, for any and all media, for the maximum period of protection authorized by law (ideal for works of fiction and TV programs).
For use of the content for commercial purposes in advertising films that advertise, exhibit or offer goods or services, in Brazil and/or abroad, regardless of the form of exploitation of such goods or services. Advertising may also be carried out for third-party clients of the Licensee.
Licensing clauses
1.Object: Licensor hereby authorizes Licensee to use the Content under the terms of the General License Conditions set forth in the GENERAL SCHEDULE.
2.Exclusivity: This License is given on a non-exclusive basis - meaning that other users of the IMAGin platform may also license the same content.
3.Price: This License is given for a consideration, so the Licensee must pay the price according to the methods offered by the IMAGin platform. If for any reason payment is not made, due to any fact or omission attributable to the Licensee, this License is suspended until the price is paid. The price must be paid in full by the Licensee regardless of whether or not the content is actually used, and under no circumstances may it be returned. Upon confirmation of payment by the intermediary platform, IMAGin will automatically issue a receipt to both Parties.
4.Scope of License: Licensee may freely use the Content for the term, territory, media and purpose set forth in the GENERAL FRAMEWORK, without any restrictions on quantity.This License authorizes Licensee to reproduce, modify, edit, synchronize, perform, display, dub, subtitle, transmit, publish or make any other type of use, existing or that may be invented, including, but not limited to, all those of article 29 of the Brazilian Copyright Law.
5.Media: This License authorizes the Licensee to reproduce, publish, broadcast, exhibit and transmit the Content, including associated and/or synchronized in other audiovisual works, in any types and specifications of media among the contracted modalities. For example, if the Licensee chooses "internet", it may publish its content on websites; blogs; social networks, among other platforms.
6.Prohibitions: The Licensee may not use the content: (1) in a pornographic, defamatory or otherwise illegal manner; (2) outside the scope defined in the GENERAL FRAMEWORK; (3) in disagreement with the IMAGin! Terms of Use ; (4) as an independent file or content, disassociated from the audiovisual work it owns, especially modalities that allow its reproduction or download by third parties.
7.Sublicensees: The Licensee may authorize the use of the content, including sublicensing, to its employers, clients, subcontractors, co-producers, assignees, distributors and exhibitors . Likewise, the Licensee may freely license and assign the audiovisual works it owns (which contain the licensed content ) to third parties.
8.Ownership: This License does not transfer ownership (ownership of copyright) of the content from the Licensor to the Licensee, serving only as an authorization for exploitation under the terms of the GENERAL FRAMEWORK. Likewise, the Licensor shall have no ownership or participation in the audiovisual works produced and exploited by the Licensee containing the content.
9.Liability: The Licensee is solely responsible for how the content is used, as well as for all measures related to the production of the audiovisual work containing the content, including obtaining any other licenses, authorizations, permits related thereto. Likewise, the Licensee is solely and exclusively responsible for the audiovisual work containing the content, exempting the Licensor and IMAGin from any liability or burden by virtue thereof.
10.Credits: The Licensee must insert the Licensor 's credits in the audiovisual work of its authorship and ownership. The Licensee must also include IMAGin's name in the acknowledgments of the audiovisual work containing the content. These attributions must be made in accordance with the best market practices for each segment and according to the exhibition media. The Licensee is not responsible for any omissions or faults attributable to third parties when broadcasting, transmitting or exhibiting the audiovisual works containing the content.
11.Originality: The Licensor declares and guarantees that the content is original and that it does not violate third party rights, especially personality or intellectual property rights. It also guarantees that it owns the content and that it does not have any prohibitions, pending issues or encumbrances that do not allow such licensing.
12.Independent Licenses: The Licensee may purchase any number of licenses from the Licensor on the IMAGin platform. Each license must be interpreted independently, in accordance with the respective scope and price contracted.
13.Default: Each Party shall hold the other harmless from and against any and all actions, damages, tort claims, costs of expenses, including attorneys' fees due, arising out of any breach of this License. In the event of any breach of this License by the Licensee, the Licensor undertakes to restrict its requests or claims that do not involve any measure imposing the suspension or interruption of the enjoyment of the audiovisual work containing the content.
14.Duration: This License enters into force on the date the Licensee makes payment and the IMAGin platform generates this document. The License will remain in effect until the end of the license term provided for in the GENERAL FRAMEWORK.
15.Early termination: This License is granted on a definitive basis. This means that it will remain in force even in the event of any contractual termination. However, either Party may terminate this License by giving written notice to the other Party at the email address set out in the GENERAL CHART.
16.Independence of provisions and waiver: If one or more of the provisions of this contract are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. These provisions shall be revised only to the extent necessary to make them enforceable. No action by either party, other than an express written waiver, may be construed as a waiver of any provision of this agreement.
17.Legal obligations: Each Party is responsible for complying with its respective tax, labor, regulatory, accounting and environmental obligations, among others, under the terms of the legislation in force.
18.IMAGin: The Parties declare and agree that IMAGin acts only in the maintenance of the platform and under no circumstances is jointly and severally liable for the fulfillment of the contractual obligations assumed by each Party. Therefore, the Parties release the owners of IMAGin from any liability arising from the acts or omissions of the Parties in the execution and fulfillment of this License, including, but not limited to, the originality of the content, the payment of the price, the use of the content in the contracted terms.
19.Applicable Law: The terms and conditions set forth in this agreement shall be governed by the laws of the Federative Republic of Brazil. The Parties agree that this License is civil in nature and that consumer protection rules do not apply. Likewise, this License does not create any corporate, employment, social security or other relationship not expressly specified between the Parties.
This Use License is automatically generated by the IMAGin platform when a Licensed user acquires any content from the Licensor. The Parties agree that this License represents the entire agreement of the Parties.