Definitions
- "Clip" means a video file you license from us, in any resolution we deliver.
- "Production" means a single project you create that includes the Clip together with other material, such as a film, episode, commercial, web video or presentation.
- "You" means the person or organization named on the order.
License grant
When your payment is confirmed, D. Winston Media, LLC grants you a non-exclusive, non-transferable, worldwide, perpetual license to use the Clip in Productions, within the license type you bought. We keep the copyright and all other rights. If a payment is reversed, charged back or refunded, the license for that Clip ends.
License types
| License | Covers |
|---|---|
| Standard | Websites, social media, online video, corporate and internal video, presentations, and independent films shown at festivals. No paid media spend. |
| Extended | Everything in Standard, plus broadcast and cable television, streaming services, theatrical release, paid advertising in any medium, and products for resale where the Clip is not the main value. |
| Custom or exclusive | By written agreement, for example time-limited exclusivity or category exclusivity. |
Each license covers one legal entity. Using the Clip for a client is allowed, and the client receives the right to use the finished Production, but not the Clip on its own.
What you may not do
- Resell, sublicense, share or distribute the Clip on its own or as part of a stock, template or footage collection.
- Use the Clip in a way that is defamatory, pornographic or unlawful, or that shows identifiable people in a sensitive way (for example health, sexuality, crime or politics) or implies they endorse something.
- Use the Clip in a trademark, logo or service mark.
- Use the Clip to train, fine-tune or test artificial intelligence or machine-learning models, or as input to generate synthetic media, without our written permission.
- Remove watermarks from preview files or use previews in a final Production.
People, property and editorial clips
Each clip page says whether model or property releases are on file. Clips marked Editorial use only may be used only in news, documentary and educational contexts, not in advertising or promotion. You are responsible for any extra clearances your use needs, such as trademarks, artwork or buildings visible in the Clip.
Credit
Credit is appreciated but not required: "Footage: D. Winston Media".
Our promises
We promise that we own or control the rights needed to grant this license, and that using the Clip as allowed here won't infringe anyone's copyright. If a third party claims otherwise, tell us promptly. We'll replace the Clip or refund the license fee, and we'll defend the claim as described in a signed agreement where one exists.
Liability
To the extent the law allows, our total liability under this agreement is limited to the license fee you paid for the Clip involved. We are not liable for indirect or consequential damages.
Your responsibilities
You agree to indemnify D. Winston Media, LLC against third-party claims caused by your use of a Clip outside this agreement, by material you combine with the Clip, or by your failure to get clearances that are your responsibility under it.
Termination
If you break this agreement and don't fix it within 14 days of our notice, the license ends. You must then stop using the Clip in new Productions and delete your copies. Productions already distributed before termination may continue to be used, except a Production whose use of the Clip was itself the breach.
Governing law
This agreement is governed by the laws of the U.S. Virgin Islands and applicable U.S. federal law. Disputes will be resolved in the courts located in St. Thomas, U.S. Virgin Islands.
General terms
This agreement, together with your order confirmation, is the whole agreement for the licensed Clip and takes priority over any conflicting terms in your purchase order. If any part is unenforceable, the rest stays in effect. We keep a record of the version of this agreement you accepted and the date. A signed custom license takes priority over this agreement where they differ.
Questions
D. Winston Media, LLC
P.O. Box 305865, St. Thomas, U.S. Virgin Islands 00803
Email: info@dwinstonmedia.com
Phone: +1 (340) 344-1733