License Agreement
License Agreement
Changes to this License Agreement
Be sure to revisit this license agreement every time you acquire additional content licenses. The terms of this agreement may be altered at any time, solely at the discretion of AVP Stock. Efforts will be made to inform you of any changes in advance. Notifications may come through an announcement on this site, on your account’s login page, by sending a message to the email associated with your AVP Stock account, or through other communication methods. Changes will only impact future purchases. By procuring Content following any updates, you agree to adhere to the revised terms of the license agreement.
Definitions
The term “Content” encompasses all types of materials available for licensing on the AVP Stock website, such as music, sound effects, videos, and photographs, detailed as follows:
- “Music” pertains to all types of musical works, including compositions, original recordings, and any compilations of sounds in any existing or yet-to-be-invented formats.
- “Sound Effect(s)” are any audio recordings of single or multiple sounds, available in any format that is known today or may be developed in the future.
- “Visual Content” is a collective term used for both photographs and videos.
- “Video(s)” captures any form of moving images, whether they are digital or film-based, encompassing movies, videos, and any other form of audio-visual media.
- “Photo(s)” includes all forms of static visual representations such as still photographs, vector graphics, drawings, and any similar visual media.
Part 1 – Music License
Section 1 - Definition
The definitions for various terms within the AVP Stock licensing agreement are as follows:
- “Advertising” denotes a short promotional video, not exceeding three minutes, aimed at endorsing or marketing a product or service with clear sponsorship.
- “Entertainment Production” is identified as any creative work produced for amusement purposes, not intended for commercial advertising.
- “Production” is defined as either a single audio-visual endeavor where licensed music is paired with moving or static images, or an audio-only project like a podcast, radio documentary, or commercial that incorporates licensed music.
- “Licensed Music” refers to the musical compositions that are part of the Content offered on AVP Stock’s music webpage.
- “Personal Use” describes a production shared on a video-sharing platform with total promotional expenditures not exceeding USD $4,999.
- “Websites” encapsulates all online uses via web browsers, excluding any form of social media or video-sharing platforms.
- “Social Media Platforms” includes platforms such as Instagram, Facebook, Twitter, Twitch, TikTok, and any others AVP Stock decides fit this category.
- “Television” pertains to traditional TV broadcasting, including satellite and cable, but does not include online streaming services like Netflix or Hulu.
- “Video Sharing Platform” encompasses platforms like YouTube and Vimeo, as well as others deemed appropriate by AVP Stock.
- “Pilot” is a trial episode, with a maximum length of 44 minutes, serving as the first installment of a potential series.
- “Public Broadcaster” refers to a TV broadcaster primarily funded by the government or public donations, operating non-profitably, such as PBS in the U.S.
- “Podcast Distribution Platform” means any online service where podcasts can be streamed or downloaded.
- “Student Project” indicates a non-commercial project by a student as part of their studies at an accredited institution.
- “Theatrical Use” refers to the screening of productions in commercial movie theaters.
Section 2 - Music License
Based on the type of license you select from the two options provided, and considering the restrictions stated in Part I, Section 3 of this agreement, AVP Stock bestows upon you a right that is neither exclusive nor transferable. This right permits you to pair Music with a Production, with the potential for worldwide distribution and without an expiration on the usage period.
A - Standard Music License
- An “Standard Music License” grants the non-exclusive right to synchronize Licensed Music with a Production in a way that it is timed with the visual or audio elements. This Production may be:
- Distributed or made accessible through Websites;
- Posted on Social Media Platforms;
- Shared on Video Sharing Platforms, but only for personal use; and
- Made available on Podcast Distribution Platforms, but only for audio-only Productions such as podcasts.
You are allowed Theatrical Use, but this is strictly limited to Student Projects
Additionally, you have the non-exclusive right to use and perform the Licensed Music in theatrical plays and similar live events, provided these are Student Projects.
B - Extended Music License
An “Extended Music License” provides you with all the privileges included in a Standard Music License plus additional rights for wider distribution. Specifically, you have the non-exclusive privilege to synchronize Licensed Music with any Production that may include various types of Advertising. This extended distribution can occur through:
- Television broadcasts within a single nation, with the stipulation that any Entertainment Production aired on TV is limited to a Pilot episode or content exclusively commissioned by a Public Broadcaster;
- Radio in a single country;
- Live environments such as physical retail spaces, trade fairs, in-shop displays, and corporate events, with the caveat that these are confined to one country;
- Software applications, which include mobile apps and video games, with the total number of copies or downloads combined not exceeding 1000.
“If the rights and permissions granted under the Extended Music License do not meet your specific requirements, please reach out to us directly. We are committed to accommodating your unique needs and can offer the provision of a tailor-made license crafted to align precisely with the scope and scale of your project. We are available to discuss and develop a custom licensing agreement that ensures your production is fully supported, providing you with the necessary rights to proceed with confidence and legal assurance.” please contact Customer Service. (Contact page: Help)
C - Comp Music License
A “Comp Music” License authorizes you to align watermarked Music exclusively for the purpose of trial, sample, compilation, or preliminary edit evaluations in connection with a Production. This particular license strictly forbids the public dissemination of Music in any manner or the incorporation of Music into any finished products. Under no conditions may you eliminate or modify the watermark of AVP Stock embedded within the Music.
Section 3 - Restrictions on the use of Music
- Sublicense, sell, rent, lend, gift, or distribute the Licensed Music or rights to use it to third parties, separate from the Production it is included in per your license.
- Resell, redistribute, provide access to, share, or transfer the Licensed Music beyond the specific terms provided in this agreement.
- Produce, distribute, sell, or use audio products such as “records”, CDs, mp3s, or any audio-only media incorporating Licensed Music, other than in an audio-only Production as defined.
- Utilize Licensed Music with content that is pornographic, defamatory, libelous, obscene, immoral, illegal, or infringing on third-party rights.
- Violate export laws, restrictions, or regulations by shipping, transferring, or exporting the Music to prohibited countries.
- Make Licensed Music available as, or as part of, a production library, downloadable files, or in any other stock product, library, or collection.
- Remix, mash up, or alter the Licensed Music, except for basic editing such as setting start/end points and fade-ins/outs as part of the licensed use.
- Use Licensed Music in an audio-only Production where the music is the primary focus.
Section 4 - Claims
You are authorized to release Productions that integrate Music on third-party platforms that support content created by users, such as YouTube (referred to as a “UGC Platform”). It is important that you do not assert ownership over the Music itself or attempt to register any Music with a UGC Platform, even if it has been synchronized with your Production. Should you come to know of any third-party claims of ownership on any piece of Music, you are obliged to inform AVP Stock promptly of every such claim.
Section 5 - Credit and copyright notices
When integrating Music into any Production where it is typical to give credit for copyright elements, you should acknowledge the music by citing it approximately as follows:
‘Music Title’ performed by ‘Aram Valkenburg’, used under license from AVP Stock”
AVP Stock may agree to retitle the track to a name that better suits the aesthetic or theme of your production, movie or television show for use in end titles or promotional materials, providing a unique and fitting identity to the music in your production.”
Part 2 – Sound Effects License
Section 1 - Definitions
- “Adaptation” refers to any creation that is built upon the original piece, such as alterations, musical variations, dramatizations, audio recordings, art replications, synchronization with video, abridgment, or any form in which the original material is reshaped, modified, or changed. However, a creation that is considered a Collective Work does not fall under the definition of an Adaptation as per this Agreement
- “Provider” refers to AVP Stock
- “Original Content” pertains to the creative work made available for use under this Agreement, including but not limited to all sounds, musical segments, and individual music components
- The term “You” or “your” refers to the individual or entity who is utilizing the rights granted by this Agreement
Section 2 - Sound Effects License
Standard Sound Effect License
AVP Stock endows You with a global, royalty-exempt, non-exclusive, retractable, everlasting license (for the span of the pertinent copyright protections) to utilize the rights in the Original Content as outlined below:
- To rework or alter the sounds into an Adaptation;
- To replicate and broadcast the sounds and other accessible content through various channels or in different forms provided that the sounds and content are part of another project or accompanied by additional materials;
- To employ the sounds in any musical piece, motion picture, video game, website, or similar platform, regardless of whether it is for commercial purposes.
- These permissions also cover the necessary changes required to utilize the rights across diverse forms of media and formats. Licensor retains any rights not explicitly granted to You in this Agreement.
Section 3 - Restrictions on the use of sound effects
- Under no circumstances copy a substantial portion of the Works from the AVP Stock website with the intention of redistributing them.
- Resell, lease, sublicense, transmit, distribute, or redistribute the sounds in their original form across any medium; this includes, but is not limited to, distributing sounds on CDs, through torrents, or any other form of online distribution.
- Use any sound, music loop, or one-shot to create expansion packs for distribution through mobile applications, plugins, or similar products. This also covers the distribution of sounds and content on CDs, websites, and digital platforms, whether charged or free.
- Use any sound, music loop, or one-shot for trademark purposes, including attempting to register or actually registering any such material as a trademark for a business. However, using these sounds in films as fictional trademarks or as ringtones is allowed.
- Use music loops or one-shots in their unaltered state as standalone elements in any medium, due to licensing restrictions. For example, an unaltered music loop cannot be used as a film or video game soundtrack. All music loops must be incorporated into an original musical composition. Including them within a music track, score, or creative composition in a film is acceptable.
Section 4 - Credit and copyright notices
You are encouraged, though it is not mandatory, to acknowledge the creator of the Works utilized in your projects. If you opt to give credit, it can be presented as follows:
“Sound Effects by Aram Valkenburg / AVP Stock.”
Part 3 – Visual Content Licenses
AVP Stock provides you with a non-exclusive, non-transferable entitlement to utilize, alter (with specific exceptions as stated), and reproduce Visual Content on a global scale, indefinitely, as explicitly allowed by the relevant license and within the boundaries outlined in this document.
Section 1 - Videos Licenses
A - Standard Video License
AVP Stock confers the right to employ Videos in the following contexts:
- Within a multimedia project that is showcased or conveyed through the internet, on social media platforms, through application software, or via other approved distribution channels (please refer to distribution constraints for further details),
- As part of a live event or presentation,
- On various websites for viewing.
B - Extended Video License
“If the rights and permissions granted under the Standard Video License do not meet your specific requirements, please reach out to us directly. We are committed to accommodating your unique needs and can offer the provision of a tailor-made license crafted to align precisely with the scope and scale of your project. We are available to discuss and develop a custom licensing agreement that ensures your production is fully supported, providing you with the necessary rights to proceed with confidence and legal assurance.” please contact Customer Service. (Contact page: Help)
C - Comp Video License
A “Comp Video License” permits the synchronization of watermarked Videos exclusively for evaluation purposes such as tests, samples, comps, or rough edits in the context of a Production. This license categorically forbids any public distribution of Videos or their incorporation into any finished materials. The AVP Stock watermark on Videos must remain intact and unmodified at all times.
Section 2 - Photos Licenses
A - Standard Photo License
The “Standard Photo License” allows you to utilize Photos in the following ways:
- Digitally, including on websites, online ads, social networks, mobile ads, apps, software, electronic greeting cards, e-publications like ebooks and blogs, email promotions, and online videos, with certain budget restrictions for video-sharing platforms.
- In print, for product packaging, business stationery, point-of-sale adverts, CD/DVD covers, and printed media such as magazines and books, as long as the total prints don’t exceed half a million copies.
- Within outdoor advertising campaigns like billboards and public transit ads, if the campaign’s total impressions are below 500,000 views.
- Embedded in movies, videos, TV shows, commercials, or any other audio-visual project, regardless of how the content is distributed, as long as the production budget is under $10,000.
- For personal, non-commercial purposes, which means you can’t resell or distribute the Photos, or use them in any sort of commercial capacity.
B - Extended Photo License
An “Extended Photo License” amplifies the usage rights of Photos beyond those granted by a Standard Photo License, allowing for:
- Use of Photos in any way that a Standard Photo License allows, but with no restrictions on the number of copies, impressions, or the budget of the project.
- Integration of Photos into products for sale or promotional giveaway (“Merchandise”), such as textiles, art, magnets, wall decorations, calendars, toys, stationery, and greeting cards, as long as the Merchandise includes significant creative or functional features besides the Photos.
- Use of Photos in wall art for the decoration of a commercial space owned by you or your client, with no intention of selling the art and without needing additional creative or functional elements.
- Incorporation of Photos into digital templates that are sold or distributed to others.
C - Comp Photo License
A “Comp Photo License” provides the ability to use watermarked Photos within preliminary phases of a project, such as in mock-ups, demos, or rough drafts. The key stipulations of this license are:
- It is permissible to use the watermarked Photos for internal and compositional purposes only.
- Public dissemination or distribution of the Photos, whether in their original form or incorporated into final project materials, is strictly forbidden.
- The watermark from AVP Stock must remain intact on all Photos; altering or removing it is not allowed under any circumstances.
Section 3 - Restrictions on the use of Visual Content
- Employ Visual Content exclusively within the constraints of the license acquired.
- Refrain from using Visual Content in contexts that may be interpreted as pornographic, defamatory, misleading, or that could be seen as libelous, obscene, or illegal.
- Resell, redistribute, grant access to, share, or transfer any Visual Content outside the specific terms provided by the license. This precludes presenting Visual Content as part of a content gallery that third parties can search and select from.
- Use Visual Content in a manner that infringes upon any third-party trademarks or intellectual property, or would result in a claim of deceptive advertising or unfair competition.
- Utilize any Visual Content as a trademark, service mark, logo, or other indication of origin, or as part thereof.
- Falsely represent that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
Restrictions specific to Videos
You’re allowed to use images extracted from Footage solely for the purpose of marketing, promoting, and advertising your derivative works that include the Footage.
Section 4 - Credit and copyright notices
- When utilizing Photos and Videos in editorial contexts such as news reporting or commentary, include a credit to AVP Stock with the format:
“Aram Valkenburg / AVP Stock“
- In the use of Photos or Videos within Merchandise or audio-visual productions for commercial purposes, where practicable, provide a credit to AVP Stock as:
“Photo(s) or Video(s) (as applicable), used under license from avpstock.com“
- Credit attributions are waived for any other usage of Photos or Videos unless credits are similarly extended to another stock content provider for equivalent use.
- Credits must be clearly legible and prominent enough to be easily read without assistance.
Part 4 – Warranties and Representations
AVP Stock extends the ensuing assurances and guarantees:
A - Warranty of Non-Infringement
When you utilize Photos and Videos as provided by AVP Stock in line with this agreement, it will not:
- Breach any copyrights, trademarks, or other proprietary rights.
- Infringe upon any individual’s rights to privacy or publicity.
- Contravene any laws, statutes, ordinances, or regulations of the EU or US.
- Result in content that is defamatory, slanderous, pornographic, or indecent.
B - Caption / Metadata Disclaimer
AVP Stock endeavors to maintain the accuracy of keywords, titles, descriptions. However, AVP Stock does not guarantee the precision of:
- Keywords, titles, or descriptions.
- The audio tracks included in Videos.
To be clear, AVP Stock does not provide indemnification or assume any liability for claims related to incorrect keywords, titles or descriptions, or for any issues arising from the audio in Videos.
C - No Other Warranties
AVP Stock explicitly disclaims any representations or warranties not specifically stated in this “Warranties and Representations” section.
Part 5 – Indemnification and Liability
A - Indemnification of you by AVP Stock
In adherence to this agreement’s terms, and assuming you have not violated this or any other agreement with AVP Stock, AVP Stock pledges to protect and clear you of responsibility up to the “Limit of Liability” outlined below. This protection is narrowly confined to your direct damages resulting from a third-party claim that is a direct consequence of AVP Stock’s breach of the explicit warranties and representations stated in Part III of this agreement, including related costs (such as reasonable legal fees). This indemnification obligation is dependent on you providing AVP Stock with written notice of any such claim or potential claim promptly — no later than five (5) business days after you become or should have become aware of the claim or possible claim. This notification must include all details of the claim that you are aware of at that time (for example, how the Content in question was used, the contact information for the person and/or entity making the claim, and any related correspondence). This notification should be sent to AVP Stock at support@avpstock.com, with a physical copy sent to AVP Stock, Waardwei 4, 1791SM, Den Burg, marked for the attention of the General Counsel, via certified mail with a return receipt requested, or via an overnight courier that requires a signature upon receipt. AVP Stock reserves the right to take over the management, settlement, or defense of any claim or legal action for which this indemnification is relevant. You are expected to collaborate with AVP Stock in defending any such claims and are entitled to be involved in any legal proceedings at your own cost. AVP Stock is not responsible for any attorney fees or other expenses incurred by you or on your behalf before AVP Stock has had a reasonable chance to assess the validity of such a claim.
B - Indemnification of AVP Stock by you
- You agree to absolve AVP Stock from any responsibility for damages or liabilities stemming from any application of the Visual Content that is not explicitly allowed by this License Agreement. Moreover, you pledge to cover any costs and expenses AVP Stock faces if you violate the terms of this or any other agreement with AVP Stock.
- AVP Stock will not be responsible for any damages, expenses, or losses that occur because of alterations you make to the Content or the particular circumstances in which you utilize the Content.
Part 6 – Additional Terms
The pricing from AVP Stock excludes taxes. Any direct or indirect taxes will be added to the fees for the products purchased. If the laws of your location require AVP Stock to collect indirect taxes like sales, value-added, or goods and services tax, it’s your responsibility to pay them. Furthermore, whether it’s AVP Stock or you who must collect or remit such taxes, you might need to self-calculate these taxes in line with the regulations of your home country.
- Refunds are not available from AVP Stock except in cases where it is required by law. All transactions are final and non-refundable.
- The license granted is “non-transferable” meaning the Content cannot be sold, rented, loaned, given, sublicensed, or otherwise transferred. A one-time transfer to a third party to produce goods with the Content is allowed under the terms of this agreement. If any Content is used beyond the scope of this license on social media, it must be removed, and AVP Stock must be informed promptly at support@avpstock.com.
- In the event AVP Stock notifies you or you become aware of any claim, or potential claim, of infringement or violation concerning Content, or if AVP Stock withdraws any Content for business risk reasons, you must remove said Content from all your systems and discontinue its use. AVP Stock may provide replacement Content, deemed comparable at their discretion, under this License Agreement’s terms without additional charge.
- Should you incorporate any Content into work for clients or customers, you are obliged to reveal the identities of such clients or customers to AVP Stock upon their reasonable request.
- Any discounts or coupons used for purchases will only apply to the initial payment unless otherwise stated.
- Should any part of this License Agreement be deemed invalid or unenforceable by a court or regulatory authority, that part will be severed from the rest of the agreement, which will remain valid and enforceable.
- Feedback from AVP Stock about this License Agreement or the use of licensed Content is for interpretative assistance only, not legal advice, and AVP Stock accepts no liability for such feedback.
- This License Agreement benefits only the signing parties and confers no rights, duties, or obligations on any third parties.
- AVP Stock reserves the right to terminate your account without notice if you breach any terms of this or any other agreement with AVP Stock.
- AVP Stock does not extend any rights or warranties for the use of personal information in Content, audio in videos, or any depicted trademarks, trade dress, designs, or artworks.
- Liability for any claim under an individual license will not exceed the ‘Limit of Liability’ stated in the license at the time the customer becomes aware of the claim, regardless of the frequency of Content use.
- AVP Stock’s total liability to you or any third parties for use or inability to use the AVP Stock website or Content will not exceed the amount paid by you for the Content license.
- AVP Stock is not liable for any indirect, special, punitive, incidental, consequential damages, or lost profits from the use of Content or breaches of the agreement, beyond the express provisions here.
- Content is provided “as is” without any warranties, explicit or implied, and you are responsible for obtaining additional clearances if Content is modified or used in specific contexts.
- AVP Stock does not guarantee that the Content or the website will meet your needs or that their use will be uninterrupted or error-free. The risk regarding Content quality and use is entirely yours.