Customizable motion graphic packages for broadcast, film and general production.
Template Digital Terms and Conditions of Service
- Your use of, and access to, the Website indicates your acceptance of these Terms and Conditions as a User. Consequently these Terms and Conditions take effect from the date on which you first use this Website.
- These terms and conditions apply to any User of this Website whether they are a visitor, user or otherwise. If you do not accept these Terms and Conditions (including any subsequent amendments) then you must refrain from using this Website.
- Template Digital may, at its sole discretion, revise or change these Terms and Conditions (in whole or in part) from time to time and at any time without notice to You. Changes in the Terms and Conditions will be effective when posted by us on the Website.
- It remains the responsibility of the User to access and check these Terms and Conditions whenever the User accesses the Website. Your continued use or access of the Site and/or the services made available on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes. The latest version of these Terms and Conditions will govern all usage of the users of the Website.
- Template Digital Limited ("Templatedigital.com", "We", "Our" or "Us") maintains the Website, www.templatedigital.com ("Website"), through which it provides services to you ("You", "Your", "Yourself or "User") and other users which allow You to:
- upload motion graphics projects, imagery footage, audio, and other media files for the purpose of allowing Templatedigital.com to act as agent for licensing footage and audio rights to other users; and/or
- purchase licensing rights to use motion graphics projects, imagery footage, audio and/or audio files purchase licensing rights to use footage and/or audio files and other media files uploaded by other users of the Website (collectively, the "Service" or "Services").
- You acknowledge that the Website contains motion graphics projects, media and information, including video files, imagery, footage, creative art, 3-D animations, computer animations, motion backgrounds, camera acquired footage, flash files, data files, music, sound effects, software project files and other material (collectively, "Content") which is protected by copyright or other proprietary rights that belong to Us or other users.
- Content is provided to Us by users either on an exclusive or non-exclusive basis (each will be referred to as a "Contributor Contract") subject to the provisions of these Terms and Conditions and the Contributor Contract. To upload Content on the Website, the Content that You upload must be owned by You in its entirety, You must accept these Terms and Conditions, You must either grant exclusive or non-exclusive rights to Us and the Content must be approved by Us.
- In order to download Content, You must agree to accept these Terms and Conditions and be granted a license agreement (a "Content License Contract") which sets the terms for Your usage of the Content.
- You can become a User provided you complete the registration process and meet the following criteria:
- you are at least 18 years old; and
- in all other respects you can form a legally binding contract that is enforceable against you.
- We may require proof that You are at least 18 years of age. If You are a minor, You can access the Service only by having Your parent or legal guardian register on Your behalf. By doing so, the parent or legal guardian authorizes You to use the Services and agrees to be bound personally by these Terms and Conditions.
- We may elect, in Our sole discretion, to monitor Your usage of the Services and the Website for compliance with these Terms and Conditions or for any other reason.
- Each User must keep his/her/its personal log-on information safe, private and secure at all time. This extends to:
- not allowing any other person to use the User's log-on information or hold themselves out as the User;
- not disclosing, or allowing a copy to be discovered of the log-on information of the User; and
- regularly updating any passwords or other unique identifiers used in conjunction with the log-on process to minimize the chance of log-on information falling into the wrong hands.
Contributors - non-exclusive and exclusive:
- Templatedigital.com allows a contributor the opportunity to work with templatedigital.com in one of two ways:
- NON-EXCLUSIVE CONTRIBUTORS:
- contributors who upload title sequences which are available for sale with other stock agencies
- contributors who request to be Assisted contributors
- EXCLUSIVE CONTRIBUTORS: contributors that upload title sequences that are exclusively sold on templatedigital.com
- NON-EXCLUSIVE CONTRIBUTORS:
- Contributors shall receive a percentage from each net sale price (minus enhanced licensing fees) made by templatedigital.com on their behalf as described below.
- Non-exclusive contributors: A non-exclusive contributor is:
- a motion graphic developer who uploads title sequences to templatedigital.com which are also available for sale with other stock agencies; or
- a motion graphic developer who opts to receive assistance in developing the remaining templates to form a complete package. Assisted Contributors need only to supply the Introduction template and Template Digital will create the remaining templates based on the original Introduction's design.
- Non-exclusive contributors shall receive 50% of the net sale price (minus enhanced licensing fees) received by Templatedigital.com for the title sequences they have contributed to the site which are subsequently sold by Templatedigital.com.
- Exclusive contributors: A contributor may work with other stock agencies in addition to Templatedigital.com. However, the title sequences provided to Templatedigital.com and marked as being exclusive are to be sold only on Templatedigital.com and may not be offered through other channels. Note: Small variations in camera angle, colours, font, music for example do not enable a package as being different. Contributors shall receive 65% of the net sale price (minus enhanced licensing fees) received by Templatedigital.com for the title sequences they have exclusively contributed to the site which are subsequently sold by Templatedigital.com. A Contributor may remove the exclusivity rights to a package with thirty (30) days prior written notice to Templatedigital.com.
- Non-exclusive contributors: A non-exclusive contributor is:
- If an Exclusive Contributor terminates this Agreement prior to six (6) months, Templatedigital.com reserves the right to recover all commission payments made to the Exclusive Contributor prior to the termination of Exclusive Contributor status.
- If a contributor breaks this Exclusivity Agreement, either for an exclusive package or as an exclusive contributor, Templatedigital.com reserves the right to invalidate and recover all earnings made by that Contributor through Templatedigital.com sales commencing with the date the exclusive package or title sequence were made subject to the Exclusivity Agreement.
- Note: Templatedigital.com is under no obligation to accept an exclusive or non exclusive contributor's submissions and acceptance of title sequences is at Templatedigital.com's sole discretion.
- If You upload Content to the Website, You agree to give Templatedigital.com and all users which enter into a Content License Contract irrevocable nonexclusive rights to use the Content for any purpose including publication, display, modification, and creation of derivative works and otherwise in accordance with clauses 21 and 22 (as applicable).
- You must own the copyright to all Content which You upload. Generally, this means either (1) that You are the individual that produced the Content, or (2) the copyright of the Content has been legally transferred to You by the individual or entity that created or owned it.
- We have the right to license any Content uploaded by You until the time that You remove the Content from the Website, and all licenses for Content of Yours already licensed by Us to other users will continue in perpetuity. Once Content is submitted for approval and previously approved, You may not remove that Content from the site until it has been posted for 90 days.
- The User covenants in respect of any Content uploaded on the Website that it does not:
- infringe any intellectual property rights of any third party;
- detrimentally affect the brand or reputation of Templatedigital.com, or any affiliates or partners of Templatedigital.com;
- be misleading as to the nature, type, service or benefits of the Content;
- contain inaccurate, ambiguous, exaggerated, defamatory, untrue, or out of date information;
- encourage, counsel, incite or suggest any criminal or unlawful acts;
- pray on individual groups by virtue of their circumstances;
- contain vulgar and/or suggestive languages or images or innuendo or slang of a sexual, immoral, racial or violent nature; and
- promote or provide inflammatory or demeaning opinions of an individual or group.
- The Content must at all times meet the specification and descriptions contained on the Website. If there is a change in format, delivery method or type of Content which necessitates any changes to our services or systems, We are entitled to request that You continue to deliver the Content using the existing format, delivery method or type.
- You must ensure that all Content provided is free of any errors, bugs, worms, viruses or other malicious content which may be harmful to Our systems or the systems of other users. You must not attempt to provide unsolicited Content to any other user.
- You acknowledge and agree that during the term of this Contract, We will conduct sales and marketing activities (including through or in cooperation with other resellers) with respect to Content that may be similar to, the Content offered to You.
- Any download of Content ("Downloaded Content") by You is on the terms of:
- Non-Exclusive Purchase: A standard licence (more particularly detailed in clause 26); or
- Exclusive Purchase: An extended licence (more particularly detailed in clause 27).
- A regular licence (Non-Exclusive) grants You a non-exclusive, non-transferrable right to make use of the Downloaded Content that you acquire, subject to the following conditions:
- You may use the Downloaded Content by itself or You may incorporate the Downloaded Content into another work You are creating.
- Unless You have Our prior written consent, You must not directly or indirectly license, sub-license, sell or resell the Downloaded Content (whether by itself or incorporated in other works) or offer to do any of these things (collectively such prohibitions referred to in this clause as "Resale")
- You may reproduce the Downloaded Content or display the Downloaded Content on a website You are creating but not for commercial gain or Resale.
- Your use of the Downloaded Content is limited to a single application.
- You may use the Downloaded Content in a work which you are creating for your own purposes or for your client who has asked you to create it provided in all circumstances You or Your client or any party authorized or engaged by them does not use the Downloaded Content (whether by itself or incorporated into other works) for Resale.
- You must not nor allow anyone else to incorporate the Downloaded Content in a work which is created for Resale by You or Your client.
- If the Downloaded Content is used or incorporated in a work there is no restriction on the number of copies of that work that can be reproduced and distributed (provided the use/incorporation remains a single application and the copies are not for Resale).
- Notwithstanding the restriction on Resale, if You acquire the Downloaded Content on behalf of Your client You may recoup from Your client the cost of acquiring the Downloaded Content.
- If You or Your client breaches any of the above restrictions then without restriction to other rights You and/or Your client (as applicable) must immediately delete all copies of the Downloaded Content and certify to Us that this has been done.
- The extended license (Exclusive Purchase) grants you a non-exclusive, non-transferrable right to make use of the Downloaded Content You acquire, subject to the following conditions:
- (a)You may use the Downloaded Content alone or You may incorporate the Downloaded Content into another work You are creating.
- (a)Unless You have our prior written consent, You must not directly or indirectly license, sub-license, sell or resell the Downloaded Content (whether by itself or incorporated in other works) or offer to do any of these things unless the Downloaded Content is incorporated into a work You have created (collectively such prohibitions referred to in this clause 27 as "Resale").
- The terms of Your licence of the Content are personal, non-exclusive, and non-transferable by You, and Your right to use and reproduce Content is limited in the following ways, and otherwise subject to the limitations set out in these terms and conditions:
- in multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display, without regard to the size of the intended audience; and
- n multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, without regard to the size of the manufacturing or duplication run (including downloads).
- Your use of the Downloaded Content is limited to a single application.
- You may use the Downloaded Content in a work which You are creating for Your own purposes or for Your client who has asked you to create it, provided in all circumstances You or Your client or any party authorized or engaged by them does not use the Downloaded Content (whether by itself or incorporated into other works) inconsistent with clause 27(f).
- You may incorporate the Downloaded Content in a work which is created for Resale by You or Your client (provided that only the complete work is offered for sale and the terms of sale (i) require those that acquire the work to only use the Downloaded Content for their own personal use or in a work they are creating for a client (ii) prohibits resale of the Downloaded Content as a stand-alone item).
- You may display the Downloaded Content, and make the Downloaded Content available for use by an unlimited number of Your clients, in conjunction with a web site service that You host on behalf of Your client. When using the Product through a web site service, You may make unlimited copies of the Product but You must procure (for our benefit for the purposes of contracts privity) that Your clients do not reproduce or use the Downloaded Content in another application.
- If the Downloaded Content is used or incorporated in a work there is no restriction on the number of copies of that work that can be reproduced and distributed.
- Notwithstanding the restriction of Resale, if You acquire the Downloaded Content on behalf of Your client You may recoup from Your client the cost of acquiring the Downloaded Content.
- If You or Your client breaches any of the above restrictions, then with restriction to any other rights, You and/or Your client (as applicable) must immediately delete all copies of the Downloaded Content and certify to Us that this has been done.
Payments - Uploading Content
- If you have uploaded Content, and rights in it are purchased by other users, You will be entitled to receive the profit percentage of the Net Revenue (minus any licensing fees) specified on the Website or by separate schedule for each Content file downloaded.
- We must pay You your portion of this Net Revenue (if any) for the preceding calendar month within twenty (20) Business Days of the end of that preceding calendar month.
- We are not obliged to pay for any Content if such Content does not meet the specification/description detailed.
- Payments will be made exclusively through Paypal.
- All amounts payable to You are deemed to be inclusive of any sales or value added taxes (including goods and services taxes) but will increase if any such tax rates change. If We are required by any relevant taxing authority or jurisdiction to withhold tax or levies of any kind from any payments due to you under any tax legislation in New Zealand then We are authorized by You to do so and the payment will be reduced accordingly. We must detail any withheld monies to You.
Payments - Downloading Content
- You may purchase Content from the Templatedigital.com website after registering as a User and accepting these Terms and Conditions. Content may be purchased online by purchasing credits via Credit Card or Paypal. The price of the Content You purchase will be the price specified on the Website at the time of purchase.
- Purchases are non-refundable.
- If the supply to You is subject to any duties, levies, government charges or sales or value added taxes (including GST) this amount will be added to the price which You must pay. You must also pay any taxes (except our income tax), duties, stamp duties, imposts, levies or government charges relating to the Content or the supply or usage of the Services. Upon request you agree to supply such reasonable information as is necessary to determine whether such amounts apply. If you are resident in or based in New Zealand the supply will be subject to New Zealand GST at 15% (or such other rate is applicable in New Zealand for GST).
Payments - General
- Records held and logging in procedures adopted by Us in relation to usage or provision of Your Content (as applicable) are prima facie evidence that You have used or uploaded Content (as applicable) as indicated.
- Any payments made on the Website by inserting the User's card details are final and not disputable. Where there has been an unauthorised use of a User's payment card, and it is proven, then there is still no refund available. If a User becomes aware of fraudulent use of his/her card or it is lost or stolen, the User must notify the User's card provider in accordance with its reporting rules. Where we are obliged as a merchant to refund monies, and those monies have been paid then we are only obliged to refund monies if the persons we have paid out the monies refunds the money to us.
User Warranties and Responsibilities
- In addition to any other warranties and responsibilities in these Terms and Condition you warrant, and where appropriate, agree as follows:
- Registration: You warrant that You have provided accurate, complete, and updated information in completion of Your registration and agree to update Your information from time to time so it stays accurate.
- Account Responsibility: You agree to notify us immediately of any unauthorized use of Your password or and any other breach of security.
- Member Names: Upon Your registration at the Website, You may be asked to choose a user name to identify Yourself to other users and Our staff. You may not select or use another users' name (unless it is also Your name), or a name which violates any trademark right, copyright, or other proprietary right, which may cause confusion or is illegal. If, in Our sole discretion We find Your user name offensive to others, We reserve the right to delete it or require it be deleted.
- Denial of Website usage: If You have been terminated You may not utilize the Services or access the Website in any manner or for any reason without Our written consent. You may not knowingly allow any terminated user access to Your account(s).
- Content Ownership: You warrant that You own the copyright of any Content and Footage which You upload or hold adequate rights (whether by consent or otherwise) from any third party to do so (and to the full extent of use contemplated in this Contract).
- Restrictions on Content: You warrant the Content complies with these Terms and Conditions and does not violate any laws, does not depict the violation of any laws, is not offensive or intended to harass, threaten or cause discomfort to any person or entity, and does not contain any nudity or anything that is sexually explicit.
- Required Releases: You warrant that, you hold a consent, waiver or release for each ny person or property or other objects otherwise representing that depicted in or otherwise suggested by a file permitting publication for any purpose. You warrant that the information contained in such consent, waiver or release is authentic, complete and accurate.
Third Party Providers
- You agree and acknowledge that We may use other Third Party Providers to deliver the Services, and in certain instances We may be a reseller for a Third Party Provider. In such instances, You agree that We are not liable for any actions or inactions of the Third Party Providers, and that our Services may be subject to the Third Party Providers. Where the Third Party Provider has its own terms and conditions, We will identify the Third Party Provider and provide a link to their terms and conditions. Where the Third Party Provider does not have any terms and conditions, then these Terms and Conditions shall be deem to equally apply to the Third Party Provider (amended as necessary).
- You specifically acknowledge that We use www.shutterstock.com and www.stockmusic.net material in some of the Template Digital motion graphics packages. You agree to the terms and conditions of ShutterStock Images LLC and Stockmusic.net. Such terms and conditions can be found at: http://www.shutterstock.com/website_terms.mhtml and http://www.stockmusic.net/index.cfm/page/main.license. In particular You acknowledge:
- you indemnify ShutterStock Images LLC and Stockmusic.net for breach of its terms and conditions;
- the governing laws of that agreement are, those within the State, Country and City of that particular company.
- You agree to indemnify us, Our officers, directors, employees, affiliates, agents and representatives from any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) and damages in consequence of any and all claims based on allegations (regardless of whether true or not) in connection with:
- Your use or misuse of the Website;
- the Content uploaded by the You;
- the violation of laws, rules, regulations or the terms in these Terms and Conditions;
- any activities arising out of the use of Your account; or
- infringement by any Content uploaded by You (or somebody using the Your account) of any intellectual property or any other right of any person or entity.
- We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and this shall not excuse Your obligations under this Section.
Control of Information and Content
- In addition to any other rights in these Terms and Condition We may (at our sole and absolute discretion) and without placing an obligation on us to do so:
- remove any Content uploaded to the Website. This includes Content which We or other Website users find offensive or that has the potential to interfere with or infringes upon the rights of others.
- We may access and disclose any information about You, Your accounts, or any content You provide to the Website if We believe that such action is reasonably necessary to enforce this Agreement, to comply with the law and legal process, to operate Our systems properly, or to protect Us, or other users.
- to control conduct which We deem to be harmful or threatening to other users or potential users, or in violation of Our or any third party's rights.
- To the extent permitted by law, we expressly disclaim all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third-party rights, and those arising from a course of dealing or usage of trade. If you are downloading Content you expressly acknowledge that We solely rely on the warranties given to Us by users who have uploaded Content, and that We are not in any way responsible for the actions of other users.
- We do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection. From time to time the porting of particular Content may not be feasible and We may remove any such content from the Website without any liability to You. You are responsible for assessing Your hardware and transmission needs.
- We assume no responsibility for anything arising from the possession or use of Content obtained from us or used via the Website.
- We make no warranty that Our Service or use of the Website will be uninterrupted, timely, secure, or error free. We make no warranty as to the results that may be obtained from the use of the Website or Content purchased on the Website.
- We make no warranty with respect to software, if any, used in connection with the Services on or provided by the Website.
Limitation of Liability
- You acknowledge that We shall not assume or have any liability with respect to the use of content (including Content) or for any indirect, incidental, special or consequential damages (including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if We have been informed of the possibility of such damages, or resulting from the use of or the inability to use the Services or the Website, or from unauthorized access to the Website, data or account.
- You specifically agree We are not responsible or liable to You or anyone else for any threatening, defamatory, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.
- Your account with us may be terminated at any time with or without cause by either Us or You. Your only right with respect to any dissatisfaction with any
- of Our terms or practices,
- Content available on the Website, or
- amount or type of royalties or billing methods, or change therein,
- In addition to any other conditions in these Terms and Condition you agree as follows:
- You may not upload Content which is unlawful and You agree to use the Services and the Website only for lawful purposes. You may not post to or use the Website to transmit sexually explicit Content which is deemed by Us to be generally offensive to the public or harmful to minors. Any conduct that We determine, in Our sole discretion, restricts or inhibits any other user, person or entity from using or enjoying the Website will not be permitted and Your account is subject to immediate termination without notice.
- You may not under any circumstances use the Website, or information contained on it to contact our Contributors via e-mail addresses acquired through the website, or via our forum/community, or via our private messaging system for the purpose of soliciting the uploading of content through another website. Any conduct that We determine, in Our sole discretion, constitutes the solicitation of our Contributors via our website interface, forums or other messaging system, will not be permitted and Your account is subject to immediate termination without notice.
- A material part of this contract is the agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in New Zealand pursuant to New Zealand law in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of New Zealand, and You agree the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of New Zealand. You consent to service of any required notice or process upon You by registered mail or overnight courier with proof of delivery.
Legal Fees and Governing Law
- If We are obligated to go to court, rather than arbitration, to enforce any of Our rights, or to collect any fees, You agree to reimburse us for Our legal fees, costs and disbursements if We prevail.
- These terms and conditions are governed by the laws of New Zealand. You agree that the Courts of New Zealand are the exclusive and appropriate forums for any such suit, and You consent to service of process by registered mail or overnight courier with proof of delivery.
- If any term or provision of these Terms and Conditions is found to be unenforceable for any reason, these Terms and Conditions shall remain in full force and effect and shall be fully enforceable on its remaining terms and conditions.
Other General Matters
- Where any provision is expressed as being for the benefit of a party who is not a party to these Terms and Conditions then that provision is made for the benefit of that third party for the purposes of the Contracts (Privity) Act 1982.
- Notices under these Terms and Conditions shall be in writing and shall be deemed given when delivered:
- Personally - when they are received;
- By email - upon confirmation of receipt;
- By overnight mail or conventional mail - two business days after sending; and
- By facsimile - upon receipt of a successful transmission report
- We may assign or licence our rights without your prior consent upon prior notice in writing to You. You shall not assign your right without receiving our prior written approval (which we shall not unreasonably withhold).
Unless the context otherwise requires:
"Net Revenue" means revenue actually paid to us which is the gross revenue, paid by users less any taxes (including GST), revenue share portion, and the cost of hosting, running and delivering the content.
"Third Party Providers" means any third party provider used to provide services, and includes Shutterstock Images LLC and Stockmusic.net.
Template Digital is a community driven motion graphics marketplace which allows buying and selling of royalty free stock motion graphics for production, film, and television network professionals. Our premium motion graphics are supplied as broadcast-quality full ident packages or as individual files, and are both 100% customizable and 100% vector based - meaning they can be re-used for creating a variety of projects, and a wide variety of media, including broadcast, film, video, and the Web. We also offer automated customizable storyboarding - allowing you to get approval for ident graphics before purchase. Simply Storyboard IT and Template Digital will automatically create a customizable storyboard of your selected motion graphics template - everything you need for unique idents for your project. Because we use vector graphics and sell After Effects files without pre-rendered video, we offer some of the smallest template files in the market - meaning fast downloads and ease of use.
For professional post-production producers, we offer a unique, unified marketplace for your designs and your creativity - a new way to reach hundreds, if not thousands of potential motion graphics customers and get the idents that you create into video productions. You earn commission on the sale price of your After Effects motion graphics, and our referral program means that you can earn even more. And we will also be developing a community of post - production professionals and service purchasers - so even if you're not a pro at creating AE projects (yet!) Template Digital will become one of the best places to learn from the pros and to share your work for critique. Anyone is free to sign up for an account and begin trading or purchasing files. Join here.
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