Tube Arsenal

Royalty Free Product Licensing Agreement and Terms Of Use

This is an agreement between TUBE ARSENAL LLC, (“Tube Arsenal”) and you, the licensee (“you”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity.
By using our website and/or purchasing one of our licenses, you agree to be bound by the terms and conditions of the following End User License Agreement (the “Agreement”):

Definitions
For the purpose of this Agreement, the following definitions apply:

A “Product(s)” is any item or items licensed through tubearsenal.com excluding audio files, including intros, outros, transitions, lower thirds, top 10s and any other animation, video or movie.

“Royalty Free” means that after the Product is licensed during purchase, continuing payments called royalties do not need to be paid to Tube Arsenal.

Tube Arsenal’s Non-Exclusive ‘Unlimited License’
Tube Arsenal hereby grants you a personal, non-exclusive, perpetual, worldwide right to use each Product licensed by you in an unlimited number of media projects created solely by you. In consideration of such license, you hereby agree to pay Tube Arsenal a certain license fee according to our website rates. Please see the purchase page of each Product for current pricing.

Limitations of Use
You may not:
– sell, assign, transfer, share, sublicense or otherwise redistribute any Product, or the right to use any Product, to any third party, except solely as embodied within a media project created by you;
– sell, assign, transfer, share, sublicense or otherwise redistribute any Product in a manner that is competitive with tubearsenal.com, including as, or as part of, a digital template;
– charge a client or third party for customization services for less than the cost of the actual Product;
represent, expressly or by way of reasonable implication, that any Product was created by you or a person other than the copyright holder(s) of that Product;
– use a Product in connection with any media project that is defamatory, or could be considered libelous or illegal;
– use a Product in a manner that infringes upon any third party’s trademark or other intellectual property right, or would give rise to a claim of deceptive advertising or unfair competition.

Ownership
You hereby acknowledge that Tube Arsenal is and remains the owner of all right, title and interest in each Product licensed by you, including without limitation any copyrights therein. Each Product is protected by and subject to United States and international copyright laws. Tube Arsenal retains the right to sell licenses to the Products to third parties at its discretion.

Some Products contain digital versions of real products, trademarks or other intellectual property owned by others and have not been property released. These Products are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Products requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.

In some cases the copyright of a Product is owned by a third party author. In this case the author of the Product retains ownership of the Product but grants you the license on these terms. For such Products the license is between the author of the Product and you. Tube Arsenal LLC is not a party to this license or the one giving you the license.

Warranties and Representations
All Products are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
Notwithstanding the foregoing, Tube Arsenal warrants that it has the right to grant the license granted hereunder.

Limitation of Liability
In the event of a claim arising from the use of a Product, Tube Arsenal’s total liability to you under this Agreement shall be limited to the fee paid hereunder by you to Tube Arsenal for the license to such Product.
In the event that Tube Arsenal gets a notice that any Product may be subject to a claim of infringement, upon notice from Tube Arsenal, you will immediately stop using the Product, delete or remove the Product from your premises, computer systems and storage (electronic or physical), and ensure that your clients do likewise. In such event, Tube Arsenal’s sole obligation will be to provide you with a comparable Product (which comparability will be determined by Tube Arsenal in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

Availability
Tube Arsenal makes no representations or warranties that all Products will be available at all times. Tube Arsenal may discontinue licensing certain Products at its sole discretion. If a Product is discontinued the “Unlimited License” stays in effect and you may continue using Products previously licensed.

Taxes
Fees charged by Tube Arsenal hereunder do not include any taxes, duties or other government charges. You are solely responsible for any such taxes, duties or other charges, including without limitation, sales and use taxes and value added taxes as required by the laws of your country.

General Provisions
This Agreement shall be governed by and construed according to the laws of the California, United States of America, and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Los Angeles. 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.

It is expressly understood and agreed that this Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Agreement as to third parties.

Tube Arsenal reserves the right to modify the terms of this Agreement without prior notice. We recommend that you check this Agreement periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the tubearsenal.com website. Your continued use of the Products after modifications are posted will be considered an acceptance of the modified Agreement.

Upload Terms
By uploading any music, photos, video or other content to Tube Arsenal (the “Content”), you represent and warrant that:
– you own and control or otherwise have the rights to upload the Content to Tube Arsenal and to use such Content in your video;
– the uploading and use of the Content in connection with the Tube Arsenal service and your video does not and will not infringe upon or violate the rights of any third party, including any copyright, right of privacy or right of publicity, or violate any applicable law;
– the Content complies in all respects with the rules set forth in the Tube Arsenal Agreement.

You hereby grant Tube Arsenal a royalty-free perpetual right and license to host, reproduce, distribute, display, perform, manipulate, synchronize, create derivative works of and otherwise use the Content as necessary to provide the Tube Arsenal service and enable you to create videos. You acknowledge that Tube Arsenal is not a file storage site. You will have a limited amount of time to download purchased Products. Your uploaded content and purchased Products may be deleted if left on the site for too long.

In addition to the indemnification provided in this Agreement, you agree to defend, indemnify and hold Tube Arsenal and its parents, subsidiaries, agents, affiliates, employees and officers, harmless from and against all claims, actions, demands expenses, losses or liabilities including, without limitation, reasonable attorney’s fees and punitive damages, arising out of or in connection with the Content or any use thereof in connection with the Tube Arsenal service or the Products you create using the Tube Arsenal service or arising out of any breach or alleged breach or any of the foregoing representations and warranties.

Music and Audio
For the purpose of this Agreement, “Music” means any musical composition, audio recordings, or any other recordings containing sounds, in all formats, now known and hereinafter developed.

Some Music which is synchronized to Tube Arsenal Products is public domain. Other Music is available for free but with limited rights. For instance music from No-Copyright Sounds is free to use as long as it is synchronized to videos which appear on YouTube and include authorship credit in the comments. Ownership information for each piece of Music can be found on the YouTube page for each Tube Arsenal video. Tube Arsenal includes the Music with each video as a convenience. It is up to you to make sure appropriate rights are obtained for your intended purpose.

eNews
During account sign-up you are given the option to opt-in to our eNews service. This option is entirely voluntary and you can opt-out at any time by writing to support(at)tubearsenal.com. Tube Arsenal eNews includes informational posts and special offers from Tube Arsenal or from Videomaker Magazine.

Cookies
The Tube Arsenal site uses cookies, which are small text files stored by your browser when you use a website. Tube Arsenal uses cookies to authenticate and identify you when you log into your account, make purchases and request services. We also use cookies to measure your use of the site so we can improve your experience and assist you in finding the content you are interested in. You are free to turn off cookies in your browser settings but the Tube Arsenal site will not function properly without them.

Last updated February 20, 2019