When you pay for our service you receive the following royalty-free license to use the customised video(s) that we supply.
We’ve tried to make the license as fair as possible whilst protecting our business interests. If you are unsure whether your intended use is covered, please contact us to check.
Copyright of all videos produced using the Text In Motion website is retained by “Bearman and Bearman”.
“Licensed material” refers to the customised videos supplied by Bearman And Bearman through the Text In Motion website
“You” refers to the licensee of the licensed material. The licensee is the person or company whose account on the Text In Motion website was used to order the licensed material.
2.1 You (and employees of your company if you are a business) can play the licensed material in public as a piece of standalone content - for example, by playing the licensed material on a loop, or as part of a sequence of video content.
2.2 Make copies of the licensed material and distribute it across a private network so long as the copies are only for use by you (and your employees of your company if you are a business).
2.3 Combine the licensed material with other video content to form a longer video.
2.4 Upload the video to websites, including but not limited to video sharing services such as YouTube and Vimeo, and social media services such as Facebook, Twitter and Instagram for the sole purpose of allowing people to view the video.
3.1 You may not sell, license or sublicense, assign or distribute the video to other people or companies as standalone content. The only exception to this is where a video is uploaded to websites, including but not limited to video sharing services such as YouTube and Vimeo, and social media services such as Facebook, Twitter and Instagram for the sole purpose of allowing people to view the video.
3.2 You may not include the Licensed Material in an electronic template intended to be reproduced by third parties
2.3 Use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, licence or other distribution of "on demand" products (e.g., products in which Licensed Material is selected by a third party for customisation of such product on a made-to-order basis)
3.4 You may not falsely represent, expressly or impliedly, that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material.
4.1 Bearman and Bearman warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; (ii) Licensee's use of the Licensed Material in accordance with this Agreement and in the form delivered by Bearman and Bearman (i.e., excluding any modifications, overlays or re-focusing by Licensee) will not infringe on any copyright or moral right.
4.2 Bearman and Bearman does not make any other warranties, express or implied, regarding the licensed material or its delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Bearman and Bearman shall not be liable to Licensee or any other person or entity for any damages, costs or losses arising out of this agreement, even if Bearman and Bearman has been advised of the possibility of such damages, costs or losses. Bearman and Bearman shall not be liable for any damages, costs or losses arising out of or as a result of modifications made to the licensed material by Licensee or the context in which licensed material is used in a Licensee work.
5.1 Governing Law/Arbitration. This Agreement will be governed in all respects by the laws of England.
5.2 Severability. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
5.3 Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
5.4 Entire Agreement. This Agreement is intended for customers of Bearman and Bearman and contains all the terms of the licence agreement. No terms or conditions may be added or deleted unless made in writing and either accepted in writing by an authorised representative of both parties or issued electronically by Bearman and Bearman and accepted in writing by an authorised representative of Licensee. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by Licensee, the terms of this Agreement shall govern.