ProductionCrate LLC Terms of Use and
Limited License Agreement

This web page serves as the legal terms and conditions for all websites which are owned and operated by ProductionCrate LLC, and includes a non-transferable use license which permits you to download and use their resources, and describes any limitations thereof.

These terms of use (hereinafter “Terms of Use”) govern your access to and use of the www.ProductionCrate.com website, which is owned and operated by ProductionCrate LLC, and the other websites of ProductionCrate LLC, including but not limited to, footagecrate.com, soundscrate.com, graphicscrate.com, rendercrate.com, any sub-domains, and/or pages thereof (hereinafter collectively “our Platform”).

Please read these Terms of Use carefully before accessing or using our Platform. These Terms of Use limit ProductionCrate LLC's liability and may substantively affect your rights. By accessing or using the public or private portions of our Platform, you accept and agree to be bound by these Terms of Use. If you are accessing or using our Platform on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity. If you do not have such authority or you do not agree with these Terms of Use, do not access or use our Platform.

Changes to Legal Terms

ProductionCrate LLC may change these Terms of Use and the guidelines, policies, restrictions and agreements on our Platform at any time and from time to time without notice. You are cautioned to review the Terms of Use and the guidelines, policies, restrictions and agreements posted on our Platform periodically. Your continued access to or use of our Platform after any such changes are posted will constitute your acceptance of and agreement to the changes.

Limited License to Access and Use Our Media Elements On Our Platform

ProductionCrate LLC offers our Platform where authorized users may access music, sound assets, image assets, software extensions, digital objects, and/or video assets owned by ProductionCrate LLC (hereinafter “Media Elements”). ProductionCrate LLC offers both free and premium members of our Platform a limited, non-transferable license for use of our Media Elements, without any warranty expressed or implied (hereinafter “License”). The License is subject to the terms, conditions and limitations herein.

Allowable Use of Our Media Elements

Our Media Elements can be incorporated into the following forms of acceptable use: films, commercials, video games (mobile and desktop), broadcast video, YouTube® videos, audio books, video tutorials, 3D animations, social media content, (hereinafter collectively “Productions”), including Productions that you intend to sell or collect revenue from. We do not require that any of our users provide attribution on their Productions by referencing us in the end credits, but we may ask that users with free accounts do so if possible as it helps us and helps the community learn about how the effects are utilized.

Our Media Elements are strictly prohibited from use in any manner for the purpose of re-selling or distribution of our Media Elements for sale, for greenscreen only videos, for stock media content, Incorporated as elements of digital templates for sale or distribution, or in links to downloads to any website other than Our Platform.

Our Media Elements may not be used to develop any technology or product that is competitive with the ProductionCrate libraries.

Our Media Elements may not be used in any media editing or creation platform (for example, mobile video editing apps, audio apps, or app filters), without a separate license agreement with ProductionCrate LLC.

Our Media Elements may not be used for the training or testing of any machine learning, artificial intelligence, deep learning, neural network or similar technology

It is understood that ProductionCrate LLC does not grant, sell or transfer any ownership of copyright of its Media Elements and its Media Elements are to be exclusively distributed by our Platform. Our Media Elements may not be redistributed by any means under any circumstances. We require that our Media Elements are never uploaded to any websites, servers, peer to peer networks, data centers, online archives, or other third-party applications not affiliated with us without our prior written consent.

You agree to not use any web scrapers, automation scripts, or tethered-bot-networks to access our Platform or to download the Media Elements as doing so could negatively affect the experience of other users. Use of such automation tools may trigger account limitations by our firewall, and/or account termination.

ProductionCrate LLC requires that the Media Elements are not used for any purpose that may violate any laws of the United States of America, or International Law.

You agree to be responsible for your Productions being made in a safe and legal manner, and to release ProductionCrate LLC and our sponsors/affiliates from any and all liability related to your use of our Platform and/or our Media Elements.

You agree to not access or attempt to access any files or functions on any server operated by ProductionCrate other than through a licensed ProductionCrate application, or a user interface provided by ProductionCrate LLC.

All Media Elements and our Platform are the property of us and are protected by copyright, trademark and other intellectual property laws. "ProductionCrate LLC" and www.ProductionCrate.com, footagecrate.com, soundscrate.com, graphicscrate.com and rendercrate.com are trademarks of ProductionCrate LLC. The visual appearance of our Platform is protected trade dress of ProductionCrate LLC under 15 U.S.C. § 1125 et seq.

Editorial Use Restriction for 3D Media Elements

All 3D Media Elements are subject to the following restrictions. These Media Elements may be subject to and protected by another party’s Intellectual Property rights (“Other-Party Intellectual Property”).

Permitted use of Other-Party Intellectual Property in Media Products is limited to news reporting in Productions of cultural, editorial, journalistic, or otherwise newsworthy value, and includes news reporting on television and the internet. This restriction does not apply if you have written consent to use the Other-Party Intellectual Property for your Production, such as if you are the Intellectual Property owner yourself, or an Intellectual Property owner’s advertising team, hired party, or licensee purchasing that company’s product.

ProductionCrate LLC does not own or license any Other-Party Intellectual Property, nor does it in any way make any representations or warranties about Other-Party Intellectual Property associated with Media Elements. You are solely responsible for determining the need for and, if appropriate, obtaining any needed Other-Party clearance, consent, or release to use any Other-Party Intellectual Property in your Productions.

Termination of Use

ProductionCrate LLC may at our sole discretion terminate or limit anyone's access to or use of our Platform at any time and for any reason without prior notice. If you fail to comply with any provision of these Terms of Use or any other agreement with us, you agree to immediately (i) stop using our Platform and all Media Elements and (ii) delete all Media Elements downloaded from our website and all copies thereof from all digital media and destroy all other copies, or, at ProductionCrate LLC’s request, return all such copies to ProductionCrate LLC, and (iii) pay all amounts owed to ProductionCrate LLC. If we terminate or limit your access to or use of our Platform for breach of any agreement or terms or reasonable cause, ProductionCrate LLC will not be obligated to refund any fees paid by you.

Our Platform and Media Elements "As Is".

OUR PLATFORM, OUR SERVICES AND OUR MEDIA ELEMENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT REPRESENT OR WARRANT THAT OUR PLATFORM, OUR SERVICES AND THE MEDIA ELEMENTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF OUR PLATFORM, OUR SERVICES AND THE MEDIA ELEMENTS IS WITH YOU.

Indemnification

You agree to indemnify and hold ProductionCrate LLC harmless against all claims or liability arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Interpretation

Unless the context requires otherwise, in any part of these Terms of Use: (a) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; (b) "must not", “should not”, “shall not” and “may not” are expressions of prohibition, and “will”, "must", “should” and “shall” are expressions of command, and not merely expressions of future intent or expectation; (c) use of the singular imports the plural and vice versa; (d) references to one or no gender include the other or no gender; (e) references to the terms “herein” or “hereto” refer to these Terms of Use (including any terms incorporated by reference herein); (f) the headings in these Terms of Use are for ease of reference only and shall not affect its interpretation; and (g) when calculating the time period before which, within which or following which any act is to be done or step taken pursuant to these Terms of Use, the date that is the reference date in calculating such period shall be excluded and the time period shall be deemed to end at 11:59 PM Pacific Standard Time on the applicable date.

Consent to Electronic Communications

By inputting any information on our Platform, you are consenting to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous Provisions

Premium membership payments are processed by third-party payment service providers such as PayPal and Stripe. Those transactions are subject to the terms and conditions published on the website of the corresponding payment service provider. Subscription fees are processed at the start of each payment cycle until canceled by yourself, by a member of our team, or by the payment service provider. You may cancel your membership at any time by deactivating the payment profile on the corresponding payment processor's website, or by contacting us by e-mail at support@productioncrate.com. Premium membership payments are non-refundable.

Users who enter our video contests may be presented with the option to authenticate with YouTube. By using those API Clients, users are agreeing to be bound by the YouTube Terms of Service.

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining condition.

If any provision, or portion thereof, of these Terms of Use, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms of Use, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.

These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its choice of law provisions. Any access to and use of our Platform and the entering into these Terms of Use will be deemed to take place in the United States.

Any dispute regarding these Terms of Use will be resolved exclusively by a State or Federal court in California, San Diego County, in the United States. We and you hereby waive any objection to venue, or to the inconvenience of the forum, of any such court or right to trial by jury to resolve any such dispute. The parties hereby consent to the jurisdiction of such courts.

You represent that you are at least 18 years of age or have a parent or guardian’s legal consent to have the full right and authority to enter into these Terms of Use.