“Momentum”, “we”, “our” means [EL MOMENTUM LTD];
“Author” means a Momentum account holder who makes items available for sale on the Platform;
“Buyer”, “you” means a Momentum account holder who downloads Content from the Platform;
“Content” means the Images, Footage and/or Music submitted by the Author to Momentum;
“Agreement” means this Content License Agreement.
All other words defined or explained in the Terms of Use have the same meaning here. If there is any inconsistency between this License Agreement and the Terms of Use, the License Agreement shall prevail.
This License Agreement is between you and Momentum. By downloading Content from Momentum, you accept the terms of this Agreement.
Subject to the rest of the terms of this Agreement, we give you a perpetual, non-exclusive, worldwide and unlimited license to copy, reproduce, modify, perform, display, broadcast, publish or otherwise make use of the Content.
The rights granted under this Agreement are non-transferable and non-sublicensable. The default license is for a single Buyer, which means that only one person has the right to use the raw file of Content as separate from the end project or use. If you wish to purchase a corporate license with multiple seats (a multi-user subscription), please get in touch with us at subscriptions@mmtum.io. If you purchase a multi-user subscription, Momentum will provide you in your contract with the number of user accounts available at your disposal.
Momentum may monitor downloads and user activity on behalf of the Author to ensure compliance with the terms of this Agreement. If Momentum determines that you are in breach of this or any other term of this Agreement, it may suspend access to your account.
In order to download Content, you must have a Subscription with Momentum, as defined in the Terms of Use. If the item of Content you wish to download is covered by your Subscription, the license fee is included in the price of your Subscription. If the item of Content you wish to download is not covered by your Subscription, you must upgrade to a different Subscription plan which covers it.
You may not use Content in a pornographic or defamatory manner, or in violation of any other applicable laws or regulations.
You may not use Content in any way that allows others to download, extract, or redistribute the Content as a standalone file (meaning just the Content file itself, separate from the project or end use).
You may not use Content (in whole or in part) as a trademark, design mark, tradename, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Content (in whole or in part) as a trademark or rely on prior use and/or accrued goodwill to prevent any third-party use of the Content or any similar content.
This Agreement is effective until it is terminated by either party. You can terminate this Agreement by ceasing use of the Content and deleting or destroying any copies. We may terminate this Agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Momentum in writing that you have complied with these requirements.
Momentum may discontinue licensing any item of Content at any time in its sole discretion.
Upon notice from Momentum, or upon your knowledge, that any Content may be subject to a claim of infringement of a third party's right for which the Author or Momentum may be liable, you may be required to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your distributors do likewise.
Momentum represents and warrants that your use of the Content in accordance with this Agreement and in the form delivered by Momentum will not infringe on any copyright, trademark or other intellectual property right and will not violate any right of privacy; and all necessary model and/or property Releases for use of the Content in the manner authorized by this Agreement have been obtained.
In the case of breach by Momentum of any of its express or implied representations and warranties, you agree that the liability of Momentum to you shall not exceed five times your monthly Subscription fee.
You agree to defend, indemnify and hold harmless Momentum from all damages, liabilities and expenses (including reasonable legal costs) arising out of any breach by you (or anyone acting on your behalf) of any of the terms of this Agreement.
All disputes, arising from this Agreement or related to it, including those arising from or concerning their interpretation, invalidity, performance or termination, shall be referred for resolution to the competent Bulgarian courts in Sofia, Bulgaria.
This Agreement is governed by and shall be construed in accordance with the laws of Bulgaria, without respect to its conflict of laws principles.
Unless as otherwise stated in this Agreement, should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, the remaining provisions of this Agreement will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Momentum to enforce this Agreement or any provision thereof shall not waive the Momentum's right to do so.
