This is a license agreement (“Agreement”) between thisisstark.com/by-stark.de (“Viktor Stark”) and you (“Licensee,” “you,” or “your”). If you are entering into this agreement on behalf of a company, you represent and warrant that you have the authority to bind that company to the terms of this agreement. By using our website and/or downloading digital content (as defined below) from us, you agree to this Agreement. The terms of this Agreement apply to any license you purchase through the Site.
means the products, music, and other digital materials that can be licensed through the website. Digital content does not include product tutorials or promotional videos that are accessible via the website.” License” - means the rights granted to you by Viktor Stark under Section 2 of this Agreement and the terms of this Agreement.” Music” - means a single piece of music that can be licensed via the website.” Product” - means the special visual effects, sound effects, audio products and/or color products that can be licensed through the website. This includes image files, video files, audio files, templates, project files, and data files that make up the products.” Project” - means an audio/video project to which digital content is added or synchronized.” Website” - means the website of thisisstark/by-stark.de at www.thisisstark.com or www.by-stark.de.” User” — means anyone in your organization (employee or contractor) who will work with the digital content.
Subject to the terms of this Agreement, by-stark.de (“Viktor Stark”) grants you a limited, non-exclusive, non-transferable, worldwide right and license to use the Digital Content in accordance with the terms of this Agreement and the applicable product license or license. The digital content is only intended for your personal or organizational use. You may use the digital content for your personal and/or professional projects that you carry out for your clients, subject to the terms of the specific license you purchase. The digital content may only be stored on computers, mobile devices, storage devices, or cloud accounts that you personally own or belong to the company for which you are entering into this agreement. You may not store the digital content in places that are accessible by third parties who have not purchased a license. Group purchases, in which multiple parties pool funds to purchase licenses for the products, are expressly prohibited and will result in the expiry of your license.
You may only temporarily share certain files from the Digital Content with certain third parties to support a project (such as audio mixing or color correction) carried out by you as a service provider for that third party. These third parties may not keep digital content files for their own personal or professional use. They must deactivate access immediately after the project is completed, and they are not licensed to use the digital content in other projects, regardless of their relationship with you. You may only share the digital content with your customers in connection with a completed project in which the digital content is inseparably integrated and only for the use of the completed project by that customer.
With any of our licenses, you can use the digital content in projects that you distribute on online video platforms, but by-stark.de (“Viktor Stark”) retains full ownership of the digital content and all associated files. You may not claim ownership of (or otherwise make available) the Digital Content via a content recognition and/or registration system (such as YouTube's Content ID or Facebook Rights Manager), even if it is synchronized with your own project. In addition, you may be required to provide proof of your by-stark.de (“Viktor Stark”) license if you upload videos that use the digital content to online video platforms.
For the license you have purchased, you hereby agree to pay a specific license fee in accordance with the rates applicable on our website. Please see our individual product pages for current prices. All prices are subject to change.
by-stark.de (“Viktor Stark”) does not refund any fees due to non-use or dissatisfaction. Once you have purchased a license and downloaded digital content from our website, the sale is considered complete. If you have any concerns about a purchase transaction or any of our digital products, please contact us at help@by-stark.deto let us know if there are any problems.
If you opt for an annual subscription (a “subscription”) from by-stark.de (“Viktor Stark”), you can use an unlimited amount of digital content on the website for your subscription in accordance with the license level you have selected. Please check the specific terms of your subscription and license level for more information. Subject to the terms and conditions of this Agreement and upon proper and continuous payment of applicable license fees, the Company grants you a limited, revocable, non-exclusive, non-transferable, royalty-free license to use the digital products provided by by-stark.de (“Viktor Stark”). All subscriptions are limited to forty downloads of digital content per day. Your purchase of a subscription or one-time license is subject to the terms of this Agreement and any additional written terms set by by-stark.de (“Viktor Stark”) in connection with your purchase. By purchasing a subscription, you agree to pay the applicable annual license fee (the “Subscription License Fee”) in accordance with the specific terms of your subscription. The subscription license fee for the first annual subscription period is due at time of purchase. Your subscription will automatically renew for additional annual subscription periods unless you manually cancel the subscription within your account settings at least forty-eight (48) hours before the end of the current subscription period. Subscription license fees for each extended subscription period are automatically processed and charged (and any applicable taxes) to the credit card or other payment method associated with your account on the first day of the new subscription period. Subscription license fees are not refundable. by-stark.de (“Viktor Stark”) does not guarantee that you will be notified prior to automatic renewal. by-stark.de (“Viktor Stark”) reserves the right, in its sole discretion, to change the amount of the subscription license fee with or without notice to you, which will take effect from the renewal of your subscription for the next appropriate period. Please see our subscription page for current prices.
by-stark.de (“Viktor Stark”) can combine certain products into bundles. The bundles offered on the website are subject to change. When you buy a bundle, you purchase a license for the specific products that are included in the bundle at that time. Each future edition of a bundle and any products that were not included in your bundle at the time of purchase are sold separately.
Previews of specific music tracks are only available on the website for internal testing and customer approval. These previews may not be used for any other purpose, including but not limited to unauthorized use on social media, showreels, web video platforms (YouTube, Vimeo, etc.), commercials, student films, etc.
by-stark.de (“Viktor Stark”) can make some digital content available free of charge (the “free content”). by-stark.de (“Viktor Stark”) does not guarantee that some digital content will always be available free of charge and reserves the right to charge for portions of the free content at any time.
The details listed above apply to the license, followed by specific conditions that apply to all license types.
You must not:
You are solely responsible for procuring the necessary supporting software to use the Digital Material (such as Adobe Premiere or Photoshop), and you are solely responsible for determining the capabilities and functions of such software, including the compatibility of such supporting software with the Digital Material. The Licensor is not required to provide supporting software to use the Digital Material. The purchase or receipt of supporting software does not guarantee that you are able to operate or use the digital material. You represent and warrant that you are the owner of the computer or mobile device on which you downloaded and installed the digital material, or that the owner of the computer or mobile device has authorized you to do so. The digital material may not be used in projects that (a) promote hate (e.g. racial, political, political, ethnic, religious, gender-related, promote or depict sexually oriented or personal hate promotion) or (b) contain pornographic material, sexually explicit material involving minors, or other x-rated content. You may only use the digital products to modify photos, videos, or other works that you own the copyright or otherwise have permission from the copyright owner to modify the work. You are solely responsible for ensuring that you have the necessary permits to use the Digital Products to modify a particular photo, video, or other work. By using the digital material in a particular work, you represent and warrant to by-stark.de (“Viktor Stark”) that you have all necessary permits to modify that work. Do not use the digital material to infringe the copyright of another person or organization.
You hereby acknowledge and agree that by-stark.de (“Viktor Stark”) is the owner of all rights, titles, and interests in digital material, including copyrights therein. The digital material is confidential and belongs to by-stark.de (“Viktor Stark”), and is subject to German and international copyright laws. You agree to use your best faith to control the use and disclosure of the Digital Material. Any license purchased under this Agreement is not exclusive, and by-stark.de (“Viktor Stark”) reserves the right to sell licenses for the Digital Material to third parties at its sole discretion. You may only use the digital material for purposes described under this Agreement. Any other use of the digital material is expressly prohibited. You agree not to contest by-stark.de (“Viktor Stark”)'s rights to the digital material, including but not limited to the copyrights to the digital material. You hereby acknowledge and agree that in the event of a violation or attempt to violate any of the provisions in this Section 5, by-stark.de (“Viktor Stark”) will have no adequate remedy in the form of money or compensation and has the right to seek injunctive relief from such violation or violation in addition to other available means.
Subject to the terms in this section below, an individual license to use the Digital Material under this Agreement will commence on the day you purchase or download the Digital Material, whichever comes first, and will continue indefinitely until by-stark.de (“Viktor Stark”) revokes the license or you delete the Digital Material and terminate your license. Subject to the terms of this Agreement, you may cancel your subscription at any time. If you cancel your subscription before the end of the applicable subscription period, your subscription license fees are non-refundable and you are not eligible for a refund of any portion of your subscription license fees. If you choose to cancel, your license will expire at the end of the current subscription period. Upon termination, you will cease using the digital material and delete all digital material files that you downloaded during the subscription period, provided that you may continue to use completed, published projects in which the digital material is inseparably integrated.Termination of the license Any license purchased under this Agreement may be terminated by by-stark.de (“Viktor Stark”) in its sole discretion immediately upon notification to you if you have any significant terms or conditions violate this agreement.
If you cancel under this Section 6, you will cease any further use of the relevant digital material. At the request of by-stark.de (“Viktor Stark”), you will confirm in writing that you are no longer using any previously licensed digital material, except for completed, published projects that may continue to be used in accordance with the terms of this agreement. Suspension of access by-stark.de (“Viktor Stark”) makes every effort to ensure that all digital content is available in its online shop at all times. by-stark.de (“Viktor Stark”) However, makes no representations or warranties that all digital Content will be available at any time. by-stark.de (“Viktor Stark”) may suspend or terminate your access or an authorized user's access to the digital content at any time in order to achieve the following:
With respect to all of the above activities, this Agreement does not limit the actions or rights of by-stark.de (“Viktor Stark”) and does not constitute a waiver of rights.
by-stark.de (“Viktor Stark”) declares and warrants that it owns all rights, titles and interests in the digital content offered for licensing on the website and is the sole rights holder with respect to such digital content (including but not limited to the copyright in the compositions, sound recordings and performance rights in music) and that exercising the rights granted to you here does not infringe the rights of third parties. material his patents, copyrights or If trade secrets or a similar intellectual property right are infringed, by-stark.de (“Viktor Stark”) will defend you against these claims at its expense and pay all damages finally awarded by a court, provided that you immediately notify by-stark.de (“Viktor Stark”) in writing of the claim and transfer control over the defense of any relevant settlement negotiations to by-stark.de (“Viktor Stark”) Viktor Stark”) when defending negotiations relating to such Claims work together. If, in the opinion of by-stark.de (“Viktor Stark”), this alternative approach is not reasonably available, you agree to return the digital material upon written request from by-stark.de (“Viktor Stark”), without further liability or obligation from by-stark.de (“Viktor Stark”). Furthermore, by-stark.de (“Viktor Stark”) has no obligation for claims arising from your modification of the digital material or your combination, operation or use with a product, data, or device that was not specified or provided by by-stark.de (“Viktor Stark”). THIS PARAGRAPH CONSTITUTES by-stark.de (“Viktor Stark”)'S ENTIRE COMMITMENT TO YOU WITH RESPECT TO CLAIMS OF INFRINGEMENT. by-stark.de (“Viktor Stark”) makes no warranty and expressly excludes any warranty that (i) the information that the digital material provides will be accurate, (ii) the digital material will be error-free or accessible at any time, (iii) errors will be corrected, (iv) the digital material or the Server that makes the digital material available, free from viruses or other harmful components are, (v) the use or results of use of the digital material will be accurate, accurate, timely, or otherwise reliable, or (vi) that the digital material is supported on all computer or software systems. It is expressly understood that all users understand that, from time to time, the digital material may or may not be able to offer all functions due to various factors that may or may not be within the control of by-stark.de (“Viktor Stark”). You also acknowledge and agree that by-stark.de (“Viktor Stark”) may add, remove, modify, and remove digital content from the website at any time and in its sole discretion without notice to you. by-stark.de (“Viktor Stark”) disclaims any liability for a user's inability to access the website at any given time, location, device, or using a specific mobile network provider to access or use digital material. SUBMITTED BY by-stark.de (“Viktor Stark”) ANY WARRANTY, ASSERTION OR REPRESENTATION BY by-stark.de (“Viktor Stark”) IS EXPRESSLY NOT EXPRESSED OR IMPLIED, NOR FROM STATUTORY OR COMMERCIAL AGREEMENTS, BECAUSE OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR FROM BUSINESS DEALING, BUSINESS OR USE OF THE INDUSTRY, NOR FROM TRADE PRACTICES, BUSINESS USES OR COMMERCIAL USE WARRANTIES NOT INCLUDED IN THIS AGREEMENTS ARE INCLUDED. by-stark.de (“Viktor Stark”) DOES NOT WARRANT THAT THE DIGITAL MATERIAL AND THE RESULTS OF USING THE DIGITAL MATERIAL WILL MEET YOUR NEEDS OR WILL BE ERROR-FREE, THAT THE OPERATION OF THE DIGITAL MATERIAL WILL BE UNINTERRUPTED, WITH RESPECT TO THE RESULTS OF USE OF THE DIGITAL MATERIAL AND THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE DIGITAL MATERIAL. THE ABOVE EXCLUSIONS AND EXCLUSIONS OF LIABILITY FORM AN INTEGRAL PART OF THIS AGREEMENT AND FORM THE BASIS FOR SETTING THE PRICE FOR THE DIGITAL MATERIAL. SOME STATES DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
You assume sole and full responsibility for (i) the selection of digital material to achieve your intended results; (ii) your use; (iii) the use of work results or materials created using the digital material; and (iv) the results obtained from the digital material. by-stark.de (“Viktor Stark”) is not liable to you or third parties for (A) indirect, special, criminal, consistent or incidental damage, (B) loss of profit, (C) loss of data, or Information or (D) damage to reputation, whether as a result of a contract, warranty, negligence, aggravated liability or other tort, a violation of a legal obligation, liability, or contribution, or otherwise, even if by-stark.de (“Viktor Stark”) has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION IN THIS PARAGRAPH MAY NOT APPLY TO YOU. REGARDLESS OF ANYTHING CONTRADICTED IN THIS AGREEMENT, by-stark.de (“Viktor Stark”)'S TOTAL LIABILITY UNDER THIS AGREEMENT ARISING FROM YOUR USE OF THE DIGITAL MATERIAL IS LIMITED TO THE LICENSE FEE YOU PAID FOR THE DIGITAL MATERIAL. YOU HEREBY AGREE THAT THIS LICENSE IS GRANTED TO YOU WITHOUT ANY OTHER WARRANTY OR REMEDY.
The interpretation and enforcement of this Agreement shall be governed by the laws of the European Union or Germany, without regard to their conflict of law rules. All disputes, actions, and actions arising out of or in violation of this Agreement shall be subject to the exclusive jurisdiction of the German courts in Munich, Germany, and you agree to submit to that jurisdiction and waive any pleas that may be raised due to improper jurisdiction or venue.
by-stark.de (“Viktor Stark”) is entitled to change or change the terms of this agreement and the prices for licenses for digital material at any time. Any amendment to this Agreement is effective from the time it is posted on the Site. If you do not agree with these changes, you have the right to cancel this Agreement in accordance with Section 6.
This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements, communications, representations, or representations made in any form with respect to the Digital Material. This Agreement may not be amended or extended in any way by declaration or agreement of third parties representing by-stark.de (“Viktor Stark”) or you, unless such amendment or extension is signed in writing by both parties.
by-stark.de (“Viktor Stark”) is a platform that distributes digital content. They are not physical goods or products. As such, by-stark.de (“Viktor Stark”) does not fall under consumer protection laws that regulate the right of withdrawal or the right of withdrawal for the purchase of goods.
The purchase of digital content from by-stark.de (“Viktor Stark”) is final and there will be no refund unless specifically set forth in this Agreement. If you have any questions about using or licensing the digital material, please contact by-stark.de (“Viktor Stark”) before purchasing.
The paragraph headings in this Agreement are for convenience only and are not part of the Agreement and do not affect its interpretation. If any provision of this Agreement is held illegal, void, or unenforceable, the remaining portions will remain in full force and effect. The delay or waiver of either party to exercise any right under this Agreement or to take action against the other party in the event of a breach of this Agreement shall not constitute a waiver of such right or any other right or of such breach or future breaches under this Agreement. You and by-stark.de (“Viktor Stark”) agree that no other party is acting as an intended third-party beneficiary of this Agreement.
Sections 1, 2, 3, 4, 5, 7, 8, 9, 10, and 11, and any similar provisions which are of a continuing nature and/or which may reasonably be expected due to their nature and context, will survive the expiration date or early termination of this Agreement.
You may not directly or indirectly assign, transfer, or sublicense this Agreement or any digital content license granted herein by law or otherwise without the express written consent of thisisstark.com (“Viktor Stark”). A successor in title must continue to use services and assume all rights and obligations under this Agreement.
In addition to General terms and conditions And the privacy policy by by-stark.de (“Viktor Stark”), this agreement represents the entire terms and conditions that apply to the parties with regard to the digital content and supersedes all prior or contemporaneous written or oral agreements, regardless of whether they were made in writing or orally.