This is an agreement between Motion Bodega LLC, doing business as Film Bodega (“Film Bodega”) 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.
Project: A media project to which Recording is layered, manipulated, or synchronized.
Recording: A certain piece of recorded video or music available for license from Film Bodega.
2- Film Bodega Non-Exclusive Licenses
By purchasing a Film Bodega license, Film Bodega 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 to related restrictions) and use a Recording in accordance with the terms and conditions of the Agreement, and the Standard or Team License, as applicable. In consideration of the license you purchase, you hereby agree to pay Film Bodega a certain license fee according to our website rates.
3- Additional Terms For All License Types
Recording licensed hereunder are for your own personal or organizational usage only. You may use the Recording for your personal Projects and/or professional Projects you undertake for your clients or for your employer.
With any of our licenses you may use a Film Bodega Recording on online video platforms systems, but Film Bodega retains ownership of the Recording. You may not claim ownership of the Recording (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.
Standard (Single-User License)
The Standard license grants 1 User the right to use Recordings from Film Bodega. The Standard license allows you to use the Recording in an unlimited number of Projects. This is the default license granted at the time of purchase.
Team (Multi-User License)
The Team license grants 2-99 Users the right to use Recordings from Film Bodega. The Team license allows you to use the Recording in an unlimited number of Projects for your associated Production House, Studio, Agency, School, or Business. This license is required when multiple members of an organization will be working with the Recordings or have access to the Recordings through shared storage devices or cloud environments.
The option to upgrade to a Team license is available at the time of purchase, or can be added after the fact by contacting [email protected]
4- Limitations of Use
You may not:
- sell, transfer, sublicense, share, give away or otherwise assign the Recordings or your rights granted hereunder to any other party.
- resell the Recording by itself or as part of a package except solely as embodied within your Project.
- resell the Recording (or otherwise make it available) in any manner that would enable a third party to download the Recording as a separate file.
- resell the Recording (or otherwise make it available) as part of any competing product.
- claim to be the creator or copyright holder of the Recording or of any derivative work created from the Recording.
You hereby acknowledge that Film Bodega is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. The Recording is protected by and subject to United States and international copyright laws. This license is non-exclusive and Film Bodega retains the right to sell licenses of the Recording to third parties at its sole discretion.
6- Limitation of Liability
Film Bodega 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 Film Bodega under this Agreement arising from your use of any Recording shall be limited to the license fee paid by you for such Recording. You hereby agree that this license is granted to you without any other warranty or recourse.
Film Bodega makes all possible efforts to make sure that all the Recordings that comprise its online library are available at all times. However, Film Bodega makes no representations or warranties that all Recordings will be available at all times. Film Bodega may discontinue licensing certain Recordings at its sole discretion.
The license fees charged by Film Bodega do not include any taxes, duties or other government charges. Film Bodega will charge you additionally for the amounts of any such taxes, duties or other charges which Film Bodega 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.
9- General Provisions
This Agreement shall be governed by and construed according to the laws of the State of Texas without regard to any conflict of law provision. This Agreement is performable in whole or in part in Denton County, Texas. 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.
Last Revised: September 2020