Welcome to SerafineCollective.com (the "Site"). Please carefully read these Conditions of Use before using this Site and downloading any SerafineCollective.com photos, videos, visual effects, sound effects, ringtones or music (the "Work(s)"). By using this Site, you acknowledge and agree to these Conditions of Use. The Serafine Collective ("Serafine") reserves the right to modify these Conditions of Use at any time by posting the modified Conditions of Use, and your continued use of the Site thereafter will constitute your agreement with such modifications. All of the Works are copyrighted. Serafine or its suppliers own all rights to the Works. All rights are reserved by Serafine unless otherwise granted to you. Your rights to use the Works are subject to this Agreement and are conditional upon your payment for the Works to Serafine.
I. GENERAL RESTRICTIONS (APPLIES TO ALL PRODUCTS)
1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason;
2. You may not use any of the Works downloaded or obtained from our web site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our Works in client websites that are NOT distributed through an archive or automatic system;
3. You may not use SerafineCollective.com Works to compete with SerafineCollective.com. This includes, by way of illustration, not by way of limitation, displaying images, videos, visual effects, sound effects, and ringtones in any format for download on a website. Offering SerafineCollective.com products and Works for sale, or including SerafineCollective.com products or Works in templates for sale;
4. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
5. You may not resell any of the Works;
6. You may not share a Work by providing access on shared disk drives or network; and
7. You may not use a Work with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any trademark or intellectual property owned or controlled by a third party.
II. PHOTOS, VIDEOS, AND VISUAL EFFECTS
(a) Serafine grants to you a personal, non-exclusive, non-transferable, right to use its purchased Photos, Videos, and Visual Effects in the following ways, where applicable:
1. On web sites, multimedia presentations, and broadcast film and video;
2. In magazines, newspapers, books, eBooks, pamphlets, brochures, catalogs, book covers, textbooks, editorials, toolbar skins, posters, mobile phones, greeting cards (paper or online), pagers, CD/DVD cover art, and advertising;
3. In connection with your business identity on letterhead, posters, brochures, or business cards;
4. As decoration in office, restaurant, public area, home, or store;
5. As a single reproduction painted on a canvas to be used as decoration or resold (Not as a printed reproduction);
6. Create a derivative work as defined by the United States Copyright Act(1) and use such derivative work on t-shirts, mugs, calendars and mouse pads as well as "collections of items", including paper greeting cards, display/sale items, magnets and promotional items; and
7. In coordination with opt-in email marketing. Images cannot be used in the body of unsolicited bulk email - or linked from unsolicited bulk email.
(b) Additional restrictions on the use of Photos, Videos, and Visual Effects:
1. You may not use, display or sync any of the Photos, Videos or Visual Effects on web sites designed to induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters and other items;
2. You may not use our Photos, Videos or Visual Effects in a way that places a person in the photo or visual in a bad light or depicts them in a way that they may find offensive - this includes pornography, tobacco ads, religious and political endorsements, defamatory, or otherwise unlawful or immoral content;
3. You may not use any of the Photos, Videos, or Visual Effects as part of a trademark or patent image;
4. You may not use any of the Photos, Videos, or Visual Effects as part of a logo;
5. You may not produce printed reproductions of any of the Photos, Videos, or Visual Effects on canvas or paper to be sold; and
III. SOUND EFFECTS AND RINGTONES
Serafine grants to you a personal, non-exclusive, non-transferable, right to use its purchased Sound Effects and Ringtones in the following ways, where applicable:
1. On web sites, multimedia presentations, and broadcast film and video;
2. In eBooks, mobile phones, greeting cards (with sound), pagers, commercials and advertising; and
3. As listening media in an office, restaurant, public area, home, or store.
IV. MUSIC
(a) Serafine grants to you a personal, non-exclusive, non-transferable, right to use its purchased Music in the following ways::
1. On web sites, multimedia presentations, and video;
2. In eBooks, mobile phones, greeting cards (with sound), pagers, commercials and advertising;
3. As listening media in an office, restaurant, public area, home, or store;
4. As a synchronization with the visual or audio elements of your film production as long as:
(i) The film production budget is less than $200,000 USD (inclusive of the marketing, advertising, and promotions budget); OR
(ii) Your film is strictly a student film; OR
(iii) The file production is licensed by SAG pursuant to your signing of a Student Film, Short Film, or Ultra-Low Budget Agreement as offered by SAGindie.
(b) Additional restrictions on the use of Music:
1. For Television or Film broadcast, you must provide ASCAP, BMI and SESAC or your local performance rights organization with a CUE SHEET. You must provide us with a copy of the CUE SHEET within thirty (30) days of each broadcast performance use. The CUE SHEET is necessary to ensure that the appropriate performance royalty organization secures payment from the broadcasting company for the benefit of the copyright owners.
2. You may not reproduce and sell a product in excess of 10,000 units that contains music from SerafineCollective.com without additional licensing fees;
3. Create a derivative work as defined by the United States Copyright Act(1) by adding elements, including, without limitation, vocals or additional instrumentation, and use such derivative work on commercial music releases and the like; and
4. Reproduce or duplicate the Music for purposes of redistribution or resale.
V. MISCELLANEOUS
"Non-transferable" as used herein means that you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone the Works or the right to use the Works. In addition, the work you produce with the Works must be used for your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any of the Works. This may include invisibly watermarking the image and identifying that SerafineCollective.com owns the image on the document you intend to use.
All other rights in the Works are expressly reserved by Serafine media for itself and on behalf of the respective copyright holders.
This Agreement is government by the laws of the State of California.
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