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 an entity, then you represent and warrant that you have the authority to bind such entity to the terms and conditions of this Agreement. By using our Site and/or downloading Digital Content (as defined below) from us, You agree to be bound by this Agreement. The terms of this agreement apply to any license You purchase from the Site.
1 – Definitions“Digital Content”
– means the Product(s), Music, and other digital material available for license through the Site. Digital Content does not include any product tutorials or promotional videos accessible through the Site.
“License” – means the rights granted by Viktor Stark to You to use the Digital Content as described in Section 2 of this Agreement and pursuant to the terms of this Agreement.
“Music” – means an individual piece of recorded music available for License through the Site.
“Product” – means the particular visual effects, sound effects, audio products and/or color products available for License through the Site. This includes image files, video files, audio files, templates, project files, and data files that make up the products.
“Project” – means an audio/visual project to which Digital Content is added or synchronized.
“Site” – means the thisisstark/by-stark. website found at www.thisisstark.com or www.by-stark.de
“User” – means any person at Your company (employee or contractor) who will work with the Digital Content.
2 – Limited User License
Subject to, and in accordance with, the terms of this Agreement, by licensing a Product or piece of Music, by-stark.de, (“Viktor Stark”) grants You the limited, non-exclusive, non-transferable, worldwide right and license, to modify (subject to related restrictions) and use the Digital Content in accordance with the terms and conditions of the Agreement, and the relevant Product License or Music License, as applicable.
The Digital Content is for Your own personal or organizational usage only. You may use the Digital Content for Your personal Projects and/or professional Projects You undertake for Your clients, subject to the terms of the specific License You purchase.
The Digital Content may only be downloaded onto computers, mobile devices, storage devices or cloud accounts owned by You personally or by the entity for whom You are entering this Agreement on behalf of.
You may not store the Digital Content anywhere that is accessible by third parties who have not purchased a license. Group buys, where multiple parties pool funds to purchase licenses to the Products, are expressly prohibited and void Your License.
You may temporarily furnish specific files from the Digital Content to specific third parties only in furtherance of a Project executed by You for which You have officially contracted them as a service provider (such as for Audio Mixing or Color Grading) and such third parties may not retain any Digital Content files for their own personal or professional use. You agree to disable access immediately upon completion of the Project and they shall have no license to use the Digital Content in any other projects, regardless of their relationship to You.
You may provide the Digital Content to Your clients only in the context of a completed Project in which the Digital Content is inextricably integrated and only for such client’s use as the completed Project.
With any of our licenses You may 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 related files. You may not claim ownership of the Digital Content (or otherwise make it available) through any content detection and/or registration system (such as YouTube’s Content ID or Facebook Rights Manager), even if synchronized with Your own Project. Additionally, You may be required to provide proof of Your by-stark.de, (“Viktor Stark”) License when uploading videos that utilize the Digital Content to online video platforms.
3 – Payment
In consideration of the License You purchase, You hereby agree to pay by-stark.de, (“Viktor Stark”) a certain license fee according to our Site rates. Please see our individual Product pages for current pricing. All prices are subject to change.
by-stark.de, (“Viktor Stark”) does not provide refunds for lack of usage or dissatisfaction. Once You have purchased a License and downloaded Digital Content from our Site, a sale is considered final. Without altering the foregoing, if you have any concerns regarding a purchase transaction or any of our Digital Products, please contact us at firstname.lastname@example.org to inform us of any issue you may be having with any of the Digital Content and how we can help address the same.
Subscriptions – If You choose to purchase an annual subscription plan (a “Subscription”) from by-stark.de, (“Viktor Stark”), then you will be able to use an unlimited (except as otherwise qualified in this Section) number of Digital Content on the Site pursuant to the relevant license level selected for Your Subscription. Please review the specific terms of your Subscription and the applicable License level for more information. Subject to, and in accordance with, the terms and conditions set forth in this Agreement, and conditioned upon proper and continued payment of any applicable License fees, the Company hereby 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 capped at forty (40) downloads of Digital Content per day. Your purchase of a subscription, or any one-time License, is subject to the terms of this Agreement and to any other additional terms and conditions set forth in writing by by-stark.de, (“Viktor Stark”) in connection with your purchase. In purchasing a subscription, you agree to pay to by-stark.de, (“Viktor Stark”) the relevant annual license fee (the “Subscription License Fee”) as provided in the specific terms of your subscription. The Subscription License Fee for the initial annual term of your Subscription is due and payable at the time of purchase. Your Subscription will automatically renew for additional annual subscription periods unless you manually cancel the Subscription from within your account settings at least forty-eight (48) hours prior to the end of the then-current subscription period. Subscription License Fees for each renewed subscription period shall be automatically processed and charged (as well as any applicable taxes) to the credit card or other payment mechanism associated with your account on the first day of the new subscription period. Subscription License Fees are non-refundable. by-stark.de, (“Viktor Stark”) does not guarantee that you will be notified before automatic renewal. by-stark.de, (“Viktor Stark”) reserves the right, at its sole discretion, to alter the amount of the Subscription License Fee, with or without notice to You, to be effective upon the renewal of your Subscription for the next applicable period. Please see our subscription page for current pricing.
Product Bundles – by-stark.de, (“Viktor Stark”) may group certain Products together into bundles. The bundles offered on the Site are subject to change. When You purchase a bundle, You are purchasing a License for the specific Products that are included in that bundle at the time of purchase. Any future edition of a bundle and all products not included in Your bundle at the time of Your purchase are sold separately.
Music Previews – Previews of certain Music tracks are available for download on the Site for internal testing and client approval purposes only. These previews cannot be used for any other purpose including, but not limited to, any unlicensed use in social media posts, showreels, web video platforms (Youtube, Vimeo, etc.), advertisements, student films, etc.
Free Content – by-stark.de, (“Viktor Stark”) may make some Digital Content available for free (the “Free Content”). by-stark.de, (“Viktor Stark”) does not guarantee that any portion of the Digital Content will always be available for free and reserves the right to begin charging for any portion of the Free Content at any time.
Below are details for the License, followed by specific terms applicable to all License types:
Allows You (as a single business or brand *) to use Digital Content in an unlimited number of Projects in the following ways/places:
The licensed asset can appear in up to 5,000 end products for sale
4 – Your Obligations
You may not:
- sell, redistribute, transfer, sublicense, give away or otherwise assign the Digital Content or Your rights granted hereunder to any other party, except as otherwise expressly set forth herein.
- resell the Digital Content by itself or as part of a package except solely as embodied within Your Project.
- resell the Digital Content (or otherwise make it available) in any manner that would enable a third party to download the Product as a separate file, such as in e-card templates or website templates.
- resell the Digital Content (or otherwise make it available) as part of any competing product such as an instrument library, stock content, or digital product.
- incorporate the Music into your own songs or musical works or add vocals to the Music.
- sell the Music (or otherwise make it available) as, or as part of, Your music or as Your song, even if it has been transformed or edited, or if You add other instruments or vocals to the Music.
- upload the Music to Spotify, Apple Music, YouTube music, or any other audio only streaming service.
- claim to be the creator or copyright holder of the Digital Content or of any derivative work created from the Digital Content.
- use the Digital Content in any way or for any purpose that would violate, or would have the effect of violating, any applicable local, state, national and international laws, rules or regulations or any rights of any third-parties.
- use bots to download Digital Content from the Site.
- remove or modify any copyright or other notice contained or included on or with the Digital Content.
attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Digital Content’s source code or object code or other runtime objects or files distributed with the Digital Content.
- otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Digital Content.
You are solely responsible for obtaining any supporting software necessary to utilize the Digital Content (for example, Adobe Premiere or Photoshop) and You shall be solely responsible to determine the abilities and capabilities of such software, including, but not limited to, the compatibility of such supporting software with the Digital Content.
Licensor shall have no obligation to provide supporting software necessary to operate the Digital Content. No purchase or obtaining of any supporting software shall be construed to guarantee Your ability to operate or utilize the Digital Content.
You represent and warrant that you are the owner of the computer or mobile device onto which you have downloaded and installed the Digital Content, or the owner of the computer or mobile device has authorized you to do so.
The Digital Content may not be used in any Project that (a) encourages or displays any types of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.), or (b) contains pornographic material, sexually explicit material with minors or other x-rated adult content.
You may only use the Digital Products to modify photographs, videos, or other works in which you own the copyright or you otherwise have the permission from the copyright owner to modify the work. You are solely responsible for ensuring that you have the proper permissions to use the Digital Products to modify a particular photograph, video, or other work. By using the Digital Content on a particular work, you are representing and warranting to thisisstark.com, (“Viktor Stark”) that you have all necessary permissions to modify that work. Do not use the Digital Content to infringe on another person or entity’s copyright.
5 – Ownership
You hereby acknowledge and agree that thisisstark.com, (“Viktor Stark”) is and remains the owner of all right, title and interest in the Digital Content, including without limitation any copyrights therein. The Digital Content is confidential and proprietary to thisisstark.com, (“Viktor Stark”) and is protected by and subject to german and international copyright laws. You agree to exercise good faith efforts to control the use and disclosure of the Digital Content.
Any License purchased under this Agreement is non-exclusive and thisisstark.com, (“Viktor Stark”) retains the right to sell licenses for the Digital Content to third parties at its sole discretion. You shall not use the Digital Content for any purpose other than in furtherance of Your authorized use of such items as described in this Agreement. Any other use of the Digital Content is expressly prohibited.
You agree not to challenge thisisstark.com, (“Viktor Stark”)’s rights in and to the Digital Content, including, but not limited to, copyrights in the Digital Content. You hereby acknowledge and agree that, in the event You breach or attempt to breach any of the provisions of this Section 5, thisisstark.com, (“Viktor Stark”) will not have an adequate remedy in money or damages and shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach.
6 – Term and Termination
Subject to the terms of this Section below, any individual License to use Digital Content under this Agreement will commence on the date You purchase or download the Digital Content, whichever is earlier, and continue indefinitely until thisisstark.com, (“Viktor Stark”) revokes the License or You delete the Digital Content and terminate Your License.
Subject to the terms of this Agreement, you may cancel Your Subscription at any time; however, in the event you cancel your Subscription prior to the end of the applicable subscription period Your Subscription License Fees are not refundable, and you will not be entitled to a return of any part of your Subscription License Fees. If you choose to cancel, your license will terminate at the end of the current subscription period. Upon termination, You will cease use of any and all Digital Content and delete any Digital Content files you download during the subscription period; provided, that, You may continue to use any completed, published Projects in which Digital Content is inextricably integrated.
Termination of LicenseAny License purchased under this Agreement may be terminated by thisisstark.com, (“Viktor Stark”), in its sole discretion, immediately upon notice to You if You materially breach any terms or conditions of this Agreement.
Upon termination under this Section 6, You will cease all further use of the relevant Digital Content. Upon request ofthisisstark.com, (“Viktor Stark”), You will certify in writing to thisisstark.com, (“Viktor Stark”) that You are no longer using any applicable Digital Content previously licensed hereunder, except for any completed, published Projects which are hereunder allowed to be used in accordance with the terms of this Agreement.
Suspension of Access.thisisstark.com, (“Viktor Stark”) makes all commercially reasonable efforts to make sure that all the Digital Content that comprise its online store are available at all times. However, thisisstark.com, (“Viktor Stark”) makes no representations or warranties that all Digital Content will be available at all times. thisisstark.com, (“Viktor Stark”) may suspend or terminate (where appropriate), as determined in thisisstark.com, (“Viktor Stark”)’ sole discretion, Your use, or any authorized user’s use, of the Digital Content at any time in order to: (a) prevent damages to, or degradation of the integrity of,thisisstark.com, (“Viktor Stark”)’ Internet network; (b) comply with any law, regulation, court order, or other governmental request or order which requires immediate action; or (c) otherwise protect thisisstark.com, (“Viktor Stark”) from potential legal liability or harm to its business of thisisstark.com, (“Viktor Stark”) will use commercially reasonable efforts to notify You of the reason(s) for such suspension or termination action as soon as reasonably practicable. In the event of a suspension, thisisstark.com, (“Viktor Stark”) will promptly restore use of the Digital Content to You as soon as the event giving rise to the suspension has been resolved as determined in thisisstark.com, (“Viktor Stark”)’ sole discretion. Nothing contained in this Agreement will be construed to limit thisisstark.com, (“Viktor Stark”)’ actions or remedies or act as a waiver of thisisstark.com, (“Viktor Stark”)’ rights in any way with respect to any of the foregoing activities.
7 – Representations, Warranties, or Disclaimersthisisstark.com, (“Viktor Stark”) represents and warrants that it holds all right, title and interest in and to the Digital Content offered for License on the Site and is the sole right holder in respect of such Digital Content (including without limitation in the copyright in the compositions, the sound recordings and the performing rights in the Music) and that the exercise by You of the rights granted hereunder shall not infringe the copyright of any third party copyright holder.
If a third party claims that the Digital Content infringes its patent, copyright or trade secret, or any similar intellectual property right,thisisstark.com, (“Viktor Stark”) will defend You against that claim at thisisstark.com, (“Viktor Stark”)’ expense and pay all damages that a court finally awards, provided that You promptly notify thisisstark.com, (“Viktor Stark”) in writing of the claim, and You allow thisisstark.com, (“Viktor Stark”) to control, and You cooperate with thisisstark.com, (“Viktor Stark”) in, the defense of any related settlement negotiations. If such a claim is made or appears possible, You agree to permit thisisstark.com, (“Viktor Stark”) to modify the Digital Content in order to attempt to avoid such claims. If thisisstark.com, (“Viktor Stark”) determines that this alternative is not reasonably available, You agree to return the Digital Content on thisisstark.com, (“Viktor Stark”)’ written request, and without any further liability or obligation of thisisstark.com, (“Viktor Stark”). Further, thisisstark.com, (“Viktor Stark”)s shall have no obligation whatsoever for any claim based on Your modification of the Digital Content or Your combination, operation, or use with any product, data or apparatus not specified or provided by thisisstark.com, (“Viktor Stark”). THIS PARAGRAPH STATES thisisstark.com, (“Viktor Stark”) ENTIRE OBLIGATION TO YOU WITH RESPECT TO ANY CLAIM OF INFRINGEMENT.
thisisstark.com, (“Viktor Stark”) does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Digital Content will be accurate, (ii) the Digital Content will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Digital Content or the server that makes the Digital Content available, are free of viruses or other harmful component, (v) the use or the results of the use of the Digital Content will be correct, accurate, timely, or otherwise reliable, or (vi) that the Digital Content will be supported on all computer or software systems. It is expressly understood by all users that the Digital Content may from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within thisisstark.com, (“Viktor Stark”)’ control. It is further acknowledged and agreed by You that thisisstark.com, (“Viktor Stark”) may add, subtract, amend, modify and remove Digital Content available on the Site at any time, and from time to time, in its sole discretion, without any notice to You. thisisstark.com, (“Viktor Stark”) disclaims any liability as a result of any user’s inability to access or use the Digital Content at a particular time, location, on a particular device, or using a particular wireless provider.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE DIGITAL CONTENT ARE LICENSED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS, OR REPRESENTATIONS MADE BY thisisstark.com, (“Viktor Stark”) EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE DIGITAL CONTENT, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. thisisstark.com, (“Viktor Stark”) DOES NOT WARRANT THAT THE DIGITAL CONTENT AND DELIVERABLES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE DIGITAL CONTENT WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE DIGITAL CONTENT, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE DIGITAL CONTENT. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE DIGITAL CONTENT. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
8 – Limitation of Liability
You accept sole and complete responsibility for: (i) the selection of the Digital Content to achieve Your intended results; (ii) Your use; (iii) the use of any work product or materials produced using the Digital Content, and (iv) the results obtained from the Digital Content. thisisstark.com, (“Viktor Stark”) WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF thisisstark.com, (“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 THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, The total liability of thisisstark.com, (“Viktor Stark”) under this Agreement arising from Your use of any Digital Content shall be limited to the license fee paid by You for such Digital Content. You hereby agree that this license is granted to You without any other warranty or recourse.
9 – Governing Law and Venue
The interpretation and enforcement of this Agreement shall be determined by the laws of European Union or Germany, without regard to such state’s choice of law principles. The parties hereby agree that any suit to enforce any provisions of this Agreement, or arising out of or based upon this Agreement, must be brought in any state or federal court located in the City of Kempten, Germany, which courts shall have exclusive jurisdiction and venue over any such actions.
10 – Miscellaneous
The paragraph headings in this Agreement are for convenience only, and they form no part of the Agreement and shall not affect the interpretation thereof. If any provision of this Agreement shall be held illegal, void, or unenforceable, the remaining portions shall remain under full force and effect. The delay or failure 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 any future breaches, under this Agreement. You and thisisstark.com, (“Viktor Stark”) agree that no other party is an intended third-party beneficiary of this Agreement.Survival. Sections 1, 2, 3, 4, 5, 7, 8, 9, 10 and 11, and all analogous terms which are of an ongoing nature and/or which, by their nature and context, should reasonably be expected to survive the expiration or earlier termination of this Agreement will survive termination or expiration of this Agreement.
12 – Assignment
You shall not assign, transfer, or sublicense this Agreement or any License to Digital Content granted herein, directly or indirectly, by operation of law or otherwise, without the express written consent of thisisstark.com, (“Viktor Stark”). Any assignee shall continue to retain services and assume all rights and obligations under this Agreement.
13 – Complete Terms and Conditions