Blueflix License Agreement
Our Royalty-Free License model allows for a Licensed Video Clip to be used by the Licensee in multiple productions, without additional License Fees.
This is a License Agreement (“License”) between you (“Licensee”) and Blueflix that explains how you can use video clips that you licensed from Blueflix. Blueflix and blueflix.com are owned and operated by IN2 Focus Media (collectively referred to as "Blueflix", “we” and “us”). By purchasing and downloading Licensed Video Clips from Blueflix, you accept the terms of this License Agreement. Please print or save this document and your receipt for your records.
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Last Updated: April 9, 2023
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1. Definitions
“Royalty-Free License” means a Licensed Video Clip can be used by the Licensee in one or more Licensee Project(s), without additional licensing fees. Depending on who you identify as the Licensee, either you (the purchaser) or someone else (third party individual or company, such as a client) will own the right to use the file as outlined in this License Agreement. Permitted distribution restrictions apply.
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"Composite File or Comp” means a watermarked, low-resolution version or preview of a video clip which may be identified as Comp files. Comp files cannot be used for any other purpose than for which they are provided. No watermark may be removed or altered.
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“Licensed Video Clip” means the stock footage video clip(s), including any audio content contained therein, that Licensee purchases and downloads from blueflix.com.
“License Fee” means the fee displayed at the point of license purchase. Licensee must pay the License Fee, and any applicable taxes, upon purchase of license. All purchases are final and non-refundable.
“Licensee’’ means the term "Licensee", "you" and "your" refer to the person designated as "Licensee" when the video clip is first downloaded.
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“Licensee Project” means an existing or future audiovisual work created or owned by Licensee.
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“Permitted Distribution” means distribution, whether monetized or not, by (a) online means; and (b) limited theatrical or online release within the context of a film festival.
Permitted Distribution does not include usage in television shows. Usage is also prohibited for distribution over any broadcast, cable or satellite.
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“Editorial Licensed Video Clip” means editorial footage that is newsworthy or of general public interest. Editorial footage is not cleared for advertising, promotional, or other commercial uses.
2. Rights Granted
Royalty-Free License Grant to Licensee
Blueflix grants the Licensee a limited, non-exclusive, worldwide, perpetual, royalty-free license on the terms and subject to the conditions and limitations set out in this License Agreement, to incorporate the Licensed Video Clip (or a part thereof) within one or more Licensee Project(s) for Permitted Distribution.
The rights granted to the Licensee are non-transferable and non-sublicensable, meaning that the Licensee cannot transfer or sublicense them to anyone else. All Royalty-Free licenses include global use rights, but cannot be sold, distributed, displayed, published, or broadcast in exchange for consideration of any kind, under certain restrictions of use outlined in this License Agreement. A person may not download Licensed Video Clips unless he or she is the Licensee or has authority to and does in fact bind the designated Licensee to this License Agreement. Depending on who you identify as the Licensee, either you (the purchaser) or someone else (third party individual or company, such as a client) will own the right to use the file as outlined in the license agreement.
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Permitted Distribution
Distribution, whether monetized or not, by (a) online means; and (b) limited theatrical or online release within the context of a film festival. A Royalty-Free license allows the Licensee to use the Licensed Video Clip for advertising, commercials, websites, blogs, presentations, video productions, podcasts and more.
Permitted Distribution does not include usage in television shows. Usage is also prohibited for distribution over any broadcast, cable or satellite.
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Evaluation Rights
Subject to their compliance with this License Agreement and Blueflix Terms of Use, https://www.blueflix.com/terms-of-use, registered Blueflix users may download a complimentary Composite “Comp” preview file for evaluation purposes. This evaluation license will last 30 days from download and may be revoked by Blueflix at any time. No watermark may be removed or altered. No Composite “Comp" file may be used in any final or publicly available video or other project. You cannot distribute Comp files in any way that allows a third party to use, download, extract, or access the Comp files as a stand-alone file, and you cannot claim any rights in the Comp files.
Delivery of Licensed Video Clips
Upon purchase, the Licensed Video Clip will be made available for download through the Blueflix stock service. As soon as online payment is received (e.g. credit card, PayPal, etc.), a confirmation email is sent to the Licensee with a download link. The link also appears on the Thank You page. The download link sent to the Licensee is active for 30 days, after that, it no longer works. The Licensee can request to have the download link resent at any time by contacting us at support@blueflix.com.
3. Restrictions
Non-Permitted Distribution
The following are prohibited without the prior written consent of Blueflix and payment of an additional License Fee:
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Television Distribution – Usage in television shows is not permitted. Usage is also prohibited for distribution over any broadcast, cable or satellite.
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Movie Theater Distribution – Distribution in movie theaters is not permitted with our Royalty-Free footage license.
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Over-the-top (OTT) Video Distribution – Over-the-top video distribution, or streaming services such as Netflix is not permitted with our Royalty-Free footage license.
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Restricted Uses
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​No "On-Demand" Products – Licensee may not use Licensed Video Clip in connection with "on demand" products (e.g., products in which a Licensed Video Clip is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, screensavers or wallpapers on mobile telephones, or similar items.
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No Electronic Templates – Licensee may not use Licensed Video Clip in electronic or digital templates intended for resale or other distribution.
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No Use in Trademark or Logo – Licensee may not use Licensed Video Clip (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark, or logo.
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Prohibited Uses
Licensee may not upload, post, or transmit any video, image, text, audio recording, or other content that:
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Infringes on any third party copyrights or other intellectual property rights or any right of publicity or privacy;
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Depicts animal cruelty or violence towards animals;
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Places the Licensed Video Clip, or any model or location featured therein, in a context that is likely to result in bringing Blueflix or any such model or location into public disrespect, scandal, ridicule, or which would otherwise detract from the public image of Blueflix;
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Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
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Depicts unlawful or violent acts;
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Violates any law, statute, or regulation;
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Exploits minors
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No Standalone Use
Licensee may not sell, distribute, sublicense, or otherwise exploit the Licensed Video Clip separately from the Licensee Project. The Licensee Project must not consist substantially of the Licensed Video Clips alone and may not be used as a means for reselling stock footage or create a trademark or logo based on the Licensed Video Clip.
Publishing of standalone Licensed Video Clip or Comp file on YouTube, Vimeo, Facebook, Instagram, Pinterest, Twitter, TikTok or on any other social media website or content sharing platform for direct monetization or personal use is strictly prohibited.
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Use of Stills from Video Clip
Licensee may not use stills (i.e. single frames or screenshots) from the Licensed Video Clip, except in connection with the marketing, promotion, and advertising of your Licensee Project that incorporates the Licensed Video Clip.
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No Commercial Use of Editorial Footage
For editorial footage which the product page states is editorial or for editorial use only (collectively “Editorial Licensed Video Clip”), in addition to the other limitations and restrictions in this License Agreement, the following terms apply:
Editorial Licensed Video Clips are not model or property released and are primarily intended to be used only in connection with events and topics that are newsworthy or of general public interest.
Editorial Licensed Video Clips may not be used in any promotion, advertisement, endorsement, advertorial, or other commercial productions.
Blueflix disclaims any responsibility for clearances for, and any and all warranties related to, personally identifiable information of any person, or any privacy or publicity rights from any person whose name, portrait, image or performance appears in the Editorial Licensed Video Clip. The Licensee is responsible for obtaining any necessary approvals from third parties such as individuals featured before using the Editorial Licensed Video Clip in a commercial production.
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Cancellation and Refund Policy
When you purchase Licensed Video Clips from Blueflix, we provide you with immediate access to download, and due to the liberal nature of Royalty-Free Licenses, all license sales are final; no refunds or credits. However, if you experience any issues or have a problem with a file, please contact us within 24 hours at support@blueflix.com. Our support team will be happy to help make things right.
Blueflix is under no obligation to refund any fees paid by you for a Licensed Video Clip under any circumstances. However, if you request a refund, and we, in our sole discretion, determine to provide you with a refund, the license granted in this Agreement for the Licensed Video Clip will be rescinded as if never granted. Any refund will be made by such means as we determine is appropriate.
4. Intellectual Property Rights
All Licensed Video Clips are owned by either Blueflix or the original licensor. All rights not expressly granted in this agreement are reserved by Blueflix and the original licensor. You may not assert any right to revenue from a social media website, content sharing platform or any other third party in respect of digital copying, sharing, distribution or other secondary uses of the Licensed Video Clips. Licensee may not represent or suggest that it is endorsed by or affiliated with Blueflix, the original licensor, or any person featured in the Licensed Video Clip; or is the owner or original creator of the Licensed Video Clip or any work that is made up largely of content from Licensed Video Clips.
5. Representations and Warranties
Each party represents and warrants that it has the right and authority to enter into this License Agreement. Blueflix represents and warrants that it has the right to grant the licenses set forth herein; and to the best of Blueflix’s knowledge, the Licensed Video Clip, in its original, unaltered form, does not infringe upon any third-party intellectual property right. Note that trademark or logos depicted within our Licensed Video Clips are not covered by this guarantee. For example, if one of our video clips depicts a diver wearing a brand name wetsuit, the company’s logo may be protected by copyright and trademark law and should be used at Licensee’s own risk.
6. Disclaimers
Blueflix provides the Licensed Video Clips “as is” without representation, warranty or condition of any kind. Blueflix makes no promises that the Licensed Video Clip will meet the Licensee’s requirements or that its use will be uninterrupted or error free, or that the digital files relating to the Licensed Video Clips will be available in perpetuity. The entire risk as to the quality and performance of the Licensed Video Clips is with you, the Licensee.
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Content Information
While Blueflix has made reasonable efforts to correctly categorize, keyword, caption, description and title the Licensed Video Clips, we do not warrant the accuracy of such information.
Website Availability
Because public networks, such as the Internet, occasionally experience disruptions, Blueflix cannot guarantee the site will be available 100% of the time. Although Blueflix strives to provide the most reliable website possible, interruptions and delays in accessing the site are unavoidable and Blueflix disclaims any liability for damages resulting from such problems.
7. Limitations Of Liability
Blueflix parties and the stock footage contributors shall not be liable to you or any other person or entity for any punitive, special, indirect, exemplary, consequential or incidental damages, lost profits or, in the case of us or other Blueflix parties, any other damages, costs or losses, including the cost of cover, arising under this agreement or out of or related to the license, your or any of your representatives’ use or exploitation of content, the website or the content information, any services provided by us or the results from the use thereof or otherwise, even if we have been advised of the possibility of such damages, costs or losses, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
8. Licensee Obligations and Indemnification
Licensee agrees to defend, indemnify and hold harmless Blueflix and its subsidiaries, parents, affiliates, directors, employees, agents, and original licensors from and against all claims and expenses (including reasonable attorneys’ fees and disbursements) arising out of your use of the website blueflix.com. This provision will survive termination of this License Agreement. Any dispute arising out of or relating to this License Agreement shall be commenced in the state or federal courts located in San Diego County, California. In any such action, each party waives the right to trial by jury.
9. General
Attribution
If Licensed Video Clip is used in a production where credits are accorded to other providers of licensed material, you must include a credit in comparable size and placement. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the footage on the Blueflix website: "[Licensed Video Clip]” supplied via Blueflix.com
Custom Licensing
If you need a CUSTOM License written for you and your company, please contact our Licensing team at licensing@blueflix.com.
Questions and Contact
If you have any questions, comments or concerns regarding this License Agreement, blueflix.com, its content or services, or technical dilemmas you may be experiencing, please email us at support@blueflix.com.
