License Agreement

1- Definitions

Production: A media project to which a Recording is synchronized.

Recording: A certain piece of recorded sound (music, sound effect, and otherwise) available for license from PremiumBeat (including, as applicable, the musical composition embodied therein).

Advertising: A Production of not more than three-minutes in duration, that conveys an openly-sponsored, non-personal message to promote or sell a product and/or service.

Entertainment Project: A Production that is not Advertising and intended for entertainment purposes.

Monetized Account: a Social Media Platform account through which you receive ad-based or other compensation in connection with the distribution of your Productions.

PRO-free Music: those Recordings tagged as “PRO-free”. For clarity, “sound effect” content is PRO-free, even if not designated as such.

Websites: all online use (accessed via a web-browser, and not, for clarity, via an application), excluding Social Media Platforms (and similar or analogous platforms not expressly referenced herein).

Social Media Platforms: Instagram, Facebook, Twitter, Twitch, TikTok, YouTube (www.youtube.com), Vimeo (www.vimeo.com), and any additional interactive content distribution platforms

Television: linear television programming distributed via broadcast, satellite, so-called “IPTV”, and/or cable television, but specifically excludes OTT video services (e.g. Netflix, Hulu, Amazon, Disney+, Apple+, and similar or analogous services).

2- PremiumBeat Non-Exclusive Licenses

By purchasing a PremiumBeat license, PremiumBeat grants you the limited, non-exclusive, non-transferable, worldwide (except where expressly limited to a single “Territory”) right and license, in perpetuity to modify (subject to related restrictions) and use a Recording in accordance with the terms and conditions of the Agreement, and the Creator, Standard or Premium License, as applicable. In consideration of the license you purchase, you hereby agree to pay PremiumBeat a certain license fee according to our website rates. Please see our License page for current pricing.

Previews of Recordings are available for download on the PremiumBeat website, are for internal testing and client approval purposes only and cannot be used for any other purpose whatsoever including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media or video synchronization.

Please find the details for each license below, followed by specifics pertaining to all license types:

3- Additional Terms For All License Types

A Recording licensed hereunder is for your own personal or single-seat organizational usage only. You may use the Recording for your personal Productions and/or professional Productions you undertake (and with the exception of a Creator License) such professional Productions may be created for your clients or for your employer.

Except for “PRO-free” Music (including sound effects), this license does not include public performance rights. For music not designated “PRO-free”, in order to properly report music used in TV and radio productions, cue sheets must be filed with the networks, stations and appropriate PROs, and a copy must be e-mailed to cuesheets@shutterstock.com. PremiumBeat will provide all cue sheet information upon request. Notwithstanding the foregoing or anything to the contrary herein, and in respect of the PRO-free Music, you acknowledge and agree that nothing herein shall preclude PremiumBeat from making a claim for a share of any so-called “black box” funds or any funds paid, or payable, by any collection society or otherwise by way of general distribution on a country by country basis. In addition, in the event that any PRO-free Music is publicly performed (or made available for performance) by any entity engaged in the exhibition or other transmission of programming (each a “Downstream Distributor”), and such exhibition gives rise to the payment by such Downstream Distributor of fees or royalties to a performing rights organization in any jurisdiction, nothing herein shall be preclude PremiumBeat from making a claim for a share of such monies, it being acknowledged that where a Downstream Distributor is not licensed for the performance of Recordings through licenses with performing rights organizations, then the use of the PRO-free Music as incorporated into a Production distributed, exhibited, and/or transmitted by such Downstream Distributor shall be deemed to be directly licensed and there shall be no obligation (created herein) upon such Downstream Distributor to obtain any license from any performing rights organization in respect of such use.

With any of our licenses you may distribute a Production on, or via, a Social Media Platform, but PremiumBeat retains ownership of the Recording incorporated into such Project. You may not claim ownership of the Recording (or otherwise make it available) through any content detection and/or registration system (such as YouTube’s Content ID), even as synchronized with your Production.

All licenses granted hereunder are non-exclusive and require that the Recording be synchronized in timed-relation with a Production.

5- Ownership

You hereby acknowledge that PremiumBeat is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. The Recording is protected by and subject to Canadian and international copyright laws. This license is non-exclusive and PremiumBeat retains the right to sell licenses of the Recording to third parties at its sole discretion.

6- Limitation of Liability

PremiumBeat makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of PremiumBeat under this Agreement arising from your use of any Recording shall be limited to the license fee paid by you for such Recording. You hereby agree that this license is granted to you without any other warranty or recourse.

7- Availability

PremiumBeat makes all possible efforts to make sure that all the Recordings that comprise its online library are available at all times. However, PremiumBeat makes no representations or warranties that all Recordings will be available at all times. PremiumBeat may discontinue licensing certain Recordings at its sole discretion. In the event that PremiumBeat gets a notice or otherwise concludes that any Recording may be subject to a claim of infringement of another’s right for which PremiumBeat may be liable, PremiumBeat may require you to immediately stop using the Recording, delete or remove the Recording from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. PremiumBeat shall provide you with comparable content (which comparability will be determined by PremiumBeat in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

8- Taxes

The license fees charged by PremiumBeat do not include any taxes, duties or other government charges. PremiumBeat will charge you additionally for the amounts of any such taxes, duties or other charges which PremiumBeat is required to collect, including without limitation, sales and use taxes and value added taxes. By entering into this agreement, you verify that your country of residence is the same as your billing address.

9- General Provisions

This Agreement shall be governed by and construed according to the laws of the Province of Quebec, Canada, and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Montreal. The parties hereto have expressly requested that this Agreement and all ancillary documents be drafted in the English language. Les parties aux présentes ont expressément exigé que cette convention et tous les documents accessoires soient rédigés en langue anglaise.

Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.