THESE LICENSE TERMS AND CONDITIONS("Terms") constitute a legal agreement between you (the "User" or "You") and MIRAGE STOCK("We" "Us" or "Company") for the use of media items including the photos, videos, and soundtracks (collectively, the "Products") available on the Mirage Stock platform (the "Platform").
By downloading the Products and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with any provision of these Terms and Conditions, you should refrain from accessing or using our services.
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BASIS OF THESE TERMS
These Terms form the foundation of our agreement with you, and establishes the framework for your engagement with the Company. By using the Platform and creating an account with us, you signify your understanding and acceptance of these Terms. They outline the rights and responsibilities of both parties, set the guidelines for your use of the Products.
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LICENSE TYPES
We offers two main types of licenses:
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Standard License Usage Terms:
- Our Standard License is designed to provide flexibility and creative freedom to individuals, small businesses, and for various social media applications. Users who choose the Standard License are granted the following rights:
- Usage Rights: You are authorized to utilize the licensed Products for a wide range of purposes, including personal, business, and social media projects.
- Modification and Customization: The User holds the right to modify, adapt, or customize the Products as required to align with the specific needs of their creative projects. This flexibility encourages the creation of unique and tailored content.
- Legal Compliance: The User is responsible for ensuring that their usage of the Products is in full compliance with all applicable laws and regulations. This includes adhering to copyright and intellectual property laws, as well as any specific usage restrictions outlined within these License Terms.
- Our Standard License serves as a versatile solution for a wide range of creative projects, empowering Users to bring their vision to life while respecting the rights of content creators and upholding legal standards.
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Extended License Usage Terms:
- Our Extended License is specifically designed to cater to the needs of professionals and businesses involved in broadcast, corporate, television, film, and various other commercial projects. Users who opt for the Extended License benefit from expanded usage rights.
- Expanded Usage Rights: The Extended License empowers the User to utilize the licensed Products in a wide range of commercial projects, including but not limited to broadcast, corporate, television, film, and other commercial applications.
- Comprehensive Coverage: Users with an Extended License enjoy all the rights granted by the Standard License, along with the following additional privileges:
- Use of the Products in projects exceeding the limitations of the Standard License as may be set out in the order form.
- Extended flexibility to incorporate the Products into different projects.
- Our Extended License is tailored to support the dynamic and expansive requirements of commercial and professional creative projects. With this license, Users gain access to a wealth of creative assets, enabling them to deliver high-quality, impactful content to their audiences.
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PHOTOS LICENSE
- Standard License for Photos: This license allows the User to use photos from Mirage Stock in various projects, including but not limited to:
- Personal and commercial websites.
- Social media profiles and posts.
- Print media, including brochures and posters.
- Digital and print advertisements.
- Blogs and online publications.
- Personal and business presentations.
- Extended License for Photos: In addition to the uses allowed under the Standard License, the Extended License permits Users to incorporate Mirage Stock photos into merchandise for resale, such as t-shirts, calendars, and posters.
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VIDEOS LICENSE
- Standard License for Videos: This license permits Users to use videos from Mirage Stock for a variety of purposes, including but not limited to:
- Video presentations for personal or business use.
- Online video platforms (YouTube, Vimeo, etc.).
- Broadcast on television or in film (with appropriate clearances and permissions).
- Incorporation into digital advertisements.
- Educational and instructional videos.
- Extended License for Videos: Users with an Extended License may utilize our videos in commercial projects, including films, television series, documentaries, and other broadcast media.
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SOUNDTRACKS LICENSE
- Standard License for Soundtracks: This license allows Users to use soundtracks provided by Mirage Stock in various audio-visual projects, such as:
- Background music for personal or business videos.
- Podcasts and audio presentations.
- Video games and mobile applications.
- Personal and business presentations.
- Extended License for Soundtracks: Users with an Extended License may use Mirage Stock soundtracks in commercial projects, including films, advertisements, video games, and other multimedia productions.
- The use of soundtracks for traditional television or radio broadcast (e.g., terrestrial, cable, or satellite TV, broadcast radio), as well as mobile or online substitutes for traditional television or radio broadcast (e.g., mobile TV, IPTV, streaming TV, or video-on-demand, streaming radio), is not allowed under this license. Please contact us if you wish to use the music for broadcast purposes.
- Public Performance Rights (P.R.O. Music): If the soundtrack is designated as P.R.O. (Performing Rights Organization) Soundtrack, it means the author of the Product is a member of a P.R.O. and/or the Product is registered with a P.R.O. If you plan to use P.R.O. Music in an End Product that will be publicly performed, additional performing rights may be required from a P.R.O., and you may be subject to additional fees collected by the P.R.O. Nothing in this license waives any P.R.O. fees, and it is your responsibility to obtain the necessary rights and pay any associated fees.
- The original author of the soundtrack retains ownership of the Product. Users cannot claim ownership of the Product, even if modifications are made in accordance with these Terms.
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LICENSE TERMS
- When you download and register a Product under your Mirage Stock subscription, you acquire a license to use that Product on a non-exclusive, commercial, worldwide, and revocable basis for one Single Use per Registration. To maintain active usage, a valid subscription is required. A Single Use signifies the utilization of the Product to produce an End Product, involving the application of skill and effort, in one of the following ways:
- For template Products (Images or Videos), the End Product constitutes a customized implementation of the Product.
- In the case of audio products, the End Product involves synchronizing the music with an audio-visual or audio-only work that incorporates the Product, expanding its scope and altering its nature compared to the original Product.
- For all other types of Products, an End Product encompasses a work that integrates the Product, alongside other elements, resulting in a creation that is more extensive in scope and distinct from the original Product.
- The license period begins upon Registration of your use of the Product and remains valid as long as you complete the End Product while your Mirage Stock subscription is active. Once completed, the license continues for the lifespan of the End Product, even if your subscription expires.
- You have the option to use a Product for more than one Single Use; however, each use must be individually registered.
- Each license provides you with the rights to employ the Product in public performance, broadcast, display, distribution, and reproduction. However, these rights are applicable only as part of the End Product you have created with the Product and are subject to the limitations set forth in these Terms.
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END PRODUCT TRANSFER
You have the flexibility to use a Product to craft an End Product, whether it's for your own use or on behalf of a client. In the event you create an End Product for a client, you are entitled to transfer the End Product to your client, provided that you adhere to the stipulations outlined in these Terms and maintain an active subscription. Upon transferring the End Product to your client, the right to use the Product is also transferred to your client.
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LIMITED SUB-LICENSING
- In case you opt to transfer an End Product to a client, such transfer shall be accomplished by means of sublicensing the licensing rights associated with any Product comprised within that particular End Product. However, it's imperative to note that such sublicensing can only be granted under the condition that the usage of the Product is strictly confined to the requirements necessary for operating the End Product. In essence, the Product must not be extracted, reproduced, or employed in any manner beyond this limited use. It is your responsibility to inform your client of this condition. You are free to replicate the End Product generated through the utilization of a Product without any constraints on the number of copies. Furthermore, you possess the liberty to distribute the End Product across various media platforms, as detailed further below.
- The license also permits you to modify or manipulate a Product or incorporate it with other creative works as required to align with your intended End Product. Nevertheless, it is crucial to acknowledge that any resulting works developed using the Product are subject to these Terms. In cases where a Product has multiple assets, you have the prerogative to craft more than one distinct End Product with that particular Product. It is however mandatory to register the Product for each fresh project undertaken.
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RESTRICTIONS ON USE
- You may not use our Products in any manner that violates the terms and conditions outlined in this Agreement or applicable laws and regulations.
- The Products may not be used in a way that is defamatory, libelous, slanderous, or harmful to the reputation of individuals, businesses, or entities.
- Usage of the Products to create, promote, or distribute obscene, offensive, or explicit content is strictly prohibited.
- The Products shall not be employed to produce content that promotes discrimination, hate speech, or violence against individuals or groups based on attributes such as race, ethnicity, religion, gender, sexual orientation, disability, or any other protected category.
- The Products may not be used in any way that facilitates, supports, or promotes illegal activities, including but not limited to copyright infringement, fraud, hacking, or any form of criminal behavior.
- You may not use the Products to misrepresent facts, impersonate individuals or entities, or create deceptive or misleading content.
- Exercise caution and discretion when using the Products in contexts related to sensitive subjects, including health conditions, mental health, religion, and controversial topics. Ensure that such usage complies with applicable laws and regulations and does not offend or harm individuals or groups.
- The Products must not be used to create content that engages in unlawful competition, trade practices, or anti-competitive behavior.
- You may not redistribute the Products or grant access to them to any third party without adhering to the specific sublicensing provisions outlined in this Agreement.
- The Products shall not be used in any application or medium that is restricted or prohibited by Mirage Stock or violates the terms set forth in this Agreement.
- If attribution is required for a Product based on your subscription, you must provide the appropriate attribution as specified by Mirage Stock. Failure to do so is a violation of these restrictions.
- You are prohibited from using the Products in any manner that contradicts the specific licensing terms and conditions provided for each Product.
- The Products may not be modified, altered, or adapted in any way that violates the terms of this Agreement or the specific license terms provided for each Product.
- The Products must not be excessively reproduced or used repetitively in a manner that could saturate or diminish their value or effectiveness.
- Sharing the Products with unauthorized parties or on platforms not covered by your subscription is strictly prohibited.
- The Products shall not be used to create or disseminate abusive, harassing, or harmful content targeting individuals or groups.
- The Products shall not be used to impersonate Mirage Stock, its affiliates, or any other individual or entity.
- The Products must not be used to glorify, promote, or endorse violence, self-harm, or harm to others.
- The Products shall not be used for commercial purposes unless specifically allowed under the terms of your subscription or a valid extended license.
- Failure to comply with these restrictions on use may result in the termination of your subscription and potential legal action. Mirage Stock reserves the right to enforce these restrictions and take appropriate action against any violations.
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SPECIFIC PROHIBITED USES
- The use of our Products in connection with offensive, defamatory, pornographic, obscene, demeaning, or discriminatory material, or any material that promotes discrimination, is strictly prohibited. Even if a Product includes an image of a person with a model release, you are prevented from using it in a manner that creates a false identity, suggests personal endorsement of a product by the person, or associates it with sensitive subjects.
- Upon the conclusion of your subscription, you shall not be permitted to utilize any our Products to create an End Product.
- You may not redistribute a Product as stock, within a tool or template, or in conjunction with source files. This restriction applies whether the Product is used independently or bundled with other products even if modifications have been made to the Product.
- You are prohibited from redistributing or making the Product available in its original form or with superficial modifications, even if such redistribution is offered free of charge.
- Limitations on Customization Applications: Usage of a Product in applications that allow end users to customize digital or physical products to meet their specific requirements is strictly prohibited. This includes, but is not limited to, "on-demand," "made-to-order," or "build-it-yourself" applications.
- You must not allow an end user to extract a Product and use it independently from the End Product in which it is incorporated.
- You are expressly prohibited from claiming trademark or service mark rights over a Product within the End Product created using that Product.
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COMPONENTS AND THIRD-PARTY CONTENT
- For certain Products, components of the Product may originate from third parties, and different license terms may apply to these components. These alternate license terms, such as licenses from other creators, open source licenses, or creative commons licenses, will be explicitly identified within the Product description or the downloadable files. In such cases, the license terms of the third party licensor will apply exclusively to those identified components, while the terms outlined in this license will remain applicable to the rest of the Product.
- An open source license such as the GNU General Public License (GPL) may apply to some Products. The relevant open source license terms will be provided with the Product, either as a .txt file or embedded within the Product itself. In cases where open source license terms apply to certain components, these open source terms will be applied to those components according to the open source license and the nature of the Product. Simultaneously, this license will govern the remaining portions of the Product.
- Products containing digital representations of real products, trademarks, or other intellectual property owned by third parties have not been property released. It shall be your responsibility to assess whether your use of these Products requires clearance and, if necessary, obtain that clearance from the intellectual property rights owner.
- We reserve the right to terminate the license granted herein if you breach the terms of the license and fail to rectify the breach. Upon termination, you must cease using the relevant Product which includes discontinuing the creation of copies or distribution of the End Product associated with that Product unless the Product is removed from it.
- Ownership of each Product remains with its respective owner. You are not entitled to claim ownership of a Product, even where modifications have been made to such Product such as through content identification systems.
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OWNERSHIP OF INTELLECTUAL PROPERTY (IP)
- Mirage Stock is the sole and exclusive owner of all intellectual property rights associated with the Mirage Stock brand, website, and logo and the products. These intellectual property rights include, but are not limited to, copyright, trademark, and any other proprietary rights. All rights, title, and interest in and to the brand, website, and logo are reserved and retained by us. Additionally, all intellectual property rights associated with the Products available on Mirage Stock remain the exclusive property of Mirage Stock or its respective contributors. These intellectual property rights encompass, but are not limited to, copyrights, trademarks, patents, trade secrets, and any other rights recognized under applicable laws.
- Users who access or obtain Products from Mirage Stock do not, under any circumstances, acquire any ownership rights to these Products. Instead, users are granted specific rights to use these Products in accordance with the terms and conditions specified by the selected license.
- Ownership of the Products, including their underlying creative and technical elements, remains vested in Mirage Stock or the original creators. Users, while benefiting from the licensed rights, must acknowledge and respect this fundamental principle of intellectual property ownership. This acknowledgment is vital to maintaining the integrity of the licensing framework and respecting the creative contributions of the content creators and Mirage Stock.
- The content, design, graphics, logos, images, text, and other materials displayed on our website are protected by copyright laws. You shall not reproduce, distribute, display, or create derivative works based on the copyrighted materials without our express written permission.
- You are expressly prohibited from utilizing the business name, logo, or trademark of Mirage Stock for any unauthorized purposes, including, but not limited to, running advertisements and engaging in marketing activities.
- We reserve the right to take appropriate legal action, including seeking damages, injunctions, or any other remedies available, to protect our intellectual property rights. Any Unauthorized Use or infringement of our intellectual property may result in civil and/or criminal liability.
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LIMITATION OF LIABILITY
- No Warranty of Fitness: Mirage Stock provides its Products and services "as is" and "as available," without any warranties or representations, express or implied. Mirage Stock disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Mirage Stock does not warrant that the Products will meet your requirements or that they will be error-free or uninterrupted.
- No Liability for Damages: In no event shall Mirage Stock or its contributors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or inability to use the Products.
- Indirect and Consequential Damages: Mirage Stock shall not be liable for any indirect, special, or consequential damages arising out of or in connection with your use of the Products, including but not limited to procurement of substitute goods or services, loss of data, profits, business interruption, or other intangible losses, even if advised of the possibility of such damages.
- Total Liability: Mirage Stock's total cumulative liability under any circumstances, whether in contract, tort, or otherwise, shall be limited to the amount you paid, if any, for the specific Product giving rise to the liability. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, Mirage Stock's liability shall be limited to the extent permitted by law.
- User's Sole Responsibility: You agree that your use of the Products is at your sole risk and that you are solely responsible for any consequences arising from such use. Mirage Stock shall not be liable for any damages, losses, or other liabilities incurred by you or any third party resulting from the use or misuse of the Products.
- Third-Party Contributors: Some Products available on Mirage Stock may be contributed by third-party content creators. Mirage Stock does not assume any liability for the accuracy, legality, or appropriateness of third-party contributions. Users are advised to review and comply with the terms and conditions of the specific license associated with each Product.
- Force Majeure: Mirage Stock shall not be liable for any failure or delay in the performance of its obligations under these terms due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of terrorism, labor disputes, or technical malfunctions.
- Jurisdictional Limitations: Some jurisdictions do not permit the exclusion or limitation of certain warranties or liability for certain types of damages. In such jurisdictions, the above limitations may not apply to you, and Mirage Stock's liability will be limited to the maximum extent permitted by law.
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INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mirage Stock and its officers, directors, employees, contributors, and agents (collectively referred to as "Mirage Stock") from and against any and all claims, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use, misuse, or inability to use the Products, your violation of these terms, or any breach of the representations, warranties, and covenants made by you in these terms.
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CHANGES TO THESE TERMS
- We reserve the right to modify or update these Terms at any time. Any changes made to these Terms will become effective immediately upon their posting on our platform or other communication channels. It is your responsibility to review these terms periodically for any updates or modifications.
- If you continue to use the Services after any changes to these Terms, it will signify your acceptance of the modified terms. If you do not agree with the updated terms, you may choose to discontinue your use of the Services.
- We may also provide you with notice of any significant changes to these Terms via e-mail or other appropriate means. Such notice will specify the nature of the changes and the effective date. Your continued use of the Services following the receipt of such notice constitutes your agreement to the revised terms.
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GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE), specifically the laws of the Emirate of Dubai, without regard to its conflict of law principles.
- Any dispute, controversy, or claim arising out of or relating to this Agreement, including its existence, validity, interpretation, performance, breach, or termination, shall be subject to the exclusive jurisdiction of the courts of Dubai, UAE.
- The Parties hereby consent to the personal jurisdiction of the courts located in Dubai, UAE, and waive any objections to venue in those courts based on forum non-convenience or any other objections. The Parties further agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
These Terms represent the comprehensive and final agreement between you and us regarding the use of the Products. By accepting these Terms, you acknowledge your understanding and agreement to all the terms and conditions stated herein. No other representations or agreements, verbal or written, shall be considered binding unless explicitly incorporated in these Terms. Any modifications to these Terms must be in writing and signed by an authorized representative of Mirage Stock.
We encourage you to carefully read and understand these Terms and any updates or modifications. Should you have any questions or concerns about the changes, please contact us on our e-mail info@miragestock.com for clarification.
By downloading and using any Products from Mirage Stock, the User acknowledges and agrees to be bound by these License Terms and Conditions. It is the User's responsibility to review these terms periodically for updates and changes.