LICENSING TERMS

FROM
LEARN VIDEOGRAPHY LLC.
TYPE(S) OF USE

Standard License

This is an agreement between LEARN VIDEOGRAPHY LLC. and you, or the employer on whose behalf you are entering this agreement(“you”). By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions (the“Agreement”) as same pertain to the license you purchase.

DEFINITIONS

Project: A media element and/or component that allows the end user to customize and enhance their body of work.

LEARN VIDEOGRAPHY NON-EXCLUSIVE LICENSES

By purchasing a LEARN VIDEOGRAPHY LLC. license, LEARN VIDEOGRAPHY LLC. grants you the limited, non-exclusive, non-transferable, worldwide (except where expressly limited to a single “Territory”) right and license, in perpetuity to modify (subject tolerated restrictions) and use a media product of ours in accordance with the terms and conditions of the Agreement, and the Standard License, as applicable. In consideration of the license you purchase, you hereby agree to pay LEARN VIDEOGRAPHY LLC.  a certain license fee according to our website rates.

Previews of media elements and components are available for viewing on the LEARN VIDEOGRAPHY LLC. website, are for internal testing and client approval purposes only and cannot be used for any other purpose including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media or video synchronization.

Please find the details for each license below, followed by specifics pertaining to all license types: LEARN VIDEOGRAPHY LLC. A company registered under the United States.

STANDARD LICENSE
Our STANDARD license allows you to use the media in an unlimited number of Projects in the following ways:

Any Project that is not “Commercially Distributed” on broadcast, or otherwise expressly set forth as a LEARN VIDEOGRAPHY LLC. license use case, including but not limited to:

1. (i) Corporate Videos
2. (ii) Videos and Slide shows sold to third parties for non- commercial use (e.g. wedding videos) 3. (iii) Film and theatre (student, film festival) and
4. (iv) TV & radio programming (pilots, public broadcasting)

A Commercially Distributed Project shall mean the distribution via download or in physical form of more than1,000 units of any single Project if such Project is intended to generate revenue to you.

ADDITIONAL TERMS FOR ALL LICENSE TYPES

Media licensed hereunder are for your own personal or organizational usage only. You may use the media for your personal Projects and/or professional Projects you undertake for your clients or for your employer.

Please note that this license does not include public performance rights. In order to properly report media used in TV and film productions, cue sheets must be filed with the networks, stations and appropriate PROs, and a copy must be e-mailed to [email protected]. LEARN VIDEOGRAPHY LLC. will provide all cue sheet information upon request.

With any of our licenses you may use a LEARN VIDEOGRAPHY LLC. on online video platforms systems, but LEARN VIDEOGRAPHY LLC. retains ownership of the media. You may not claim ownership of the media (or otherwise make it available) through any content detection and/or registration system (such as YouTube’s Content ID), even if synchronized with your own Project.

LIMITATIONS OF USE (You may not):

sell, transfer, sublicense, share, give away or otherwise assign the media or your rights granted hereunder to any other party. resell the media and its contents by itself or as part of a package except solely as embodied within your Project.

resell the media (or otherwise make it available) in any manner that would enable a third party to download the media as a separate file, such as in e-card templates or website templates.

resell the media (or otherwise make it available) as part of any competing product such as music compilation or media library.

sell the media (or otherwise make it available) as, or as part of, your media or project, even if it has been transformed or edited, or if you add other elements to the project.

claim to be the creator or copyright holder of the media or of any derivative work created from the media.

OWNERSHIP

You hereby acknowledge that LEARN VIDEOGRAPHY LLC. is and remains the owner of all right, title and interest in the media, including without limitation any copyrights therein. The media is protected by and subject to United States of America and international copyright laws. This license is non-exclusive andLEARN VIDEOGRAPHY LLC. retains the right to sell licenses of the media to third parties at its sole discretion.

On the web, including Commercially Distributed Projects, including but not limited to:

1. (i) Online streaming (YouTube,Vimeo,Netflix, Hulu, Amazon Prime) 2. (ii) Websites and social media
3. (iii) Web advertising (including as part of pre-roll advertising) and 4. (iv) in Podcasts

LEARN VIDEOGRAPHY LLC. A company registered under the United States.

LIMITATION OF LIABILITY

LEARN VIDEOGRAPHY LLC. makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of LEARN VIDEOGRAPHY LLC. under this Agreement arising from your use of any media shall be limited to the license fee paid by you for such media. You hereby agree that this license is granted to you without any other warranty or recourse.

AVAILABILITY

LEARN VIDEOGRAPHY LLC. makes all possible efforts to make sure that all the media that comprise its online library are available at all times. However, LEARN VIDEOGRAPHY LLC. makes no representations or warranties that all media will be available at all times.LEARN VIDEOGRAPHY LLC. may discontinue licensing certain media at its sole discretion. In the event that LEARN VIDEOGRAPHY LLC. gets a notice or otherwise concludes that any media may be subject to a claim of infringement of another’s right for which LEARN VIDEOGRAPHY LLC. may be liable, LEARN VIDEOGRAPHY LLC. may require you to immediately stop using the media, delete or remove the media from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. LEARN VIDEOGRAPHY LLC. shall provide you with comparable content (which comparability will be determined by LEARN VIDEOGRAPHY LLC. in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

TA X E S

The license fees charged by LEARN VIDEOGRAPHY LLC. do not include any taxes, duties or other government charges. LEARN VIDEOGRAPHY LLC. will charge you additionally for the amounts of any such taxes, duties or other charges which LEARN VIDEOGRAPHY LLC. is required to collect, including without limitation, sales and use taxes and value added taxes. By entering into this agreement, you verify that your country of residence is the same as your billing address.

GENERAL PROVISIONS

This Agreement shall be governed by and construed according to the laws of the United States of America, and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Florida. The parties hereto have expressly requested that this Agreement and all ancillary documents be drafted in the English language

Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.

This document acknowledges that the license has been paid for and issued. Last Revised: October 2024.

Kyle Loftus
Licensing Manager for kyleloftusstudios.com & LEARN VIDEOGRAPHY LLC.

LEARN VIDEOGRAPHY LLC. A company registered under the United States.