Last update: May 2022
This is a license agreement between you and FIN that explains how you can use photos, illustrations, audio, video clips and Stories that you license from FIN. By downloading content from FIN, you accept the terms of this agreement.
1. Types of licenses at FIN
FIN offers two types of licenses for audiovisual content (Image or Footage): standard and extended, audio license, stories broadcast license and FIN Collection license. Every file downloaded from FIN comes with a selected license of purchase content.
You can use watermarked content from the FIN site on a complimentary basis for test or sample (comp) use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download. Watermarked content is available to license under the selected license at the time it is downloaded as watermarked content, but FIN makes no guarantees and shall have no obligation to ensure that watermarked content will be available for license at any time thereafter.
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by FIN are:
- Perpetual, meaning there is no expiration or end date on your rights to use the content. The only exception to perpetual rights is for content downloaded under the Stories section/tab. Please see Section 3 for more information.
- Non-exclusive, meaning that you do not have exclusive rights to use the content. FIN can license the same content to other customers.
- Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
AUDIOVISUAL CONTENT LICENCES
A STANDARD AUDIOVISUAL CONTENT LICENCE grants you the right to use Images or Footage:
- As a digital reproduction (multi-media production), including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-section 4. below);
- Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
- As part of an “Out-of-Home” advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions.
- Image(s) can be incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now, without regard to audience size, provided the budget for any such production does not exceed EUR 8.000 €;
- Footage can be used on social media websites, in mobile apps and on sites such as YouTube or Vimeo for audience size limit up to 500,000 or embedded on actual web pages have no audience limit restrictions.
- In connection with a live performance, provided the audience for all such performances does not exceed 500,000 people
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
AN EXTENDED AUDIOVISUAL CONTENT LICENCE grants you the right to use Images or Footage (in addition to 1-7 above):
- In any manner permitted under a Standard Content License, without any limitation on the number of reproductions, impressions, or budget;
- In Television distribution over any broadcast, cable or satellite, distribution in Movie Theaters and Over the Top (OTT) Video Distribution
- Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s) or Footage.
- In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space, and not for sale.
- Incorporated as elements of digital templates for sale or distribution.
Audio License grants you the non-exclusive right to unlimited editing of the audio track within the scope of music production, performance, recording, and composition. This includes both non-commercial and commercial usage of all types, including, but not limited to, film scores, television scores, music libraries, video game soundtracks, digital and physical music releases, albums, compilations, etc.
Solely subject to the restrictions set forth in Section 3 hereof.
STORIES BROADCAST LICENCE
A STORIES BROADCAST LICENCE grants you the non-exclusive right to make a multiple, broadcast use of an item of Stories content, which multiple use may be distributed worldwide (e.g. cable retransmission, satellite transmission, Pay TV, IP TV, Web TV, Mobile TV, Pay VoD, Free VoD), over a period of time set forth in Section 3 hereof.
- Restricted Promotion. Subject to any contractual restrictions FIN has entered into with individuals appearing in the Stories content in connection with their name & likeness use in promotional and/or marketing material, you shall be granted the right to use excerpts and clips of the Stories content of a maximum duration of 3 minutes (from the original as well as from all dubbed, subtitled and voiced-over versions) and all relevant Delivery Materials (promotional trailer, still images and other available promotional material) in all media now known or hereafter devised, including print and online media, worldwide for the following purposes: Program related and Licensee advertising purposes, including on air and off air promotion as well as the right to promote the Program and its exploitation using the name, image, likeness, voice, photography and biography of the author, director and/ or of the actors according to common practice (e.g. in television, in cinemas, on videos, in online services or in printed form).
- Restricted Adaptation and Alteration. You are entitled to make intermissions, alterations, deletions, cuts or other modifications in and to the content Stories ONLY to adapt the content to suit available time slots, to enable advertising breaks and online inventory (e.g. pre-rolls, post-rolls, in-program advertising), for the protection of minors or to create trailers. Alterations to the title of the Program require written approval from the Licensor. Other than for said reasons the Program shall be distributed unaltered.
- Language / Dubbing and Subtitling. You are entitled to dub (subject to any contractual dubbing provisions FIN has previously entered into) and/or subtitle and/or voice-over the content Stories in any language (even the original). You have the right to exploit the Stories content in the delivered language version as well as in the dubbed, subtitled or voiced-over version. You shall grant free access to FIN to any dubbed or subtitled version of the Program created by you.
- Credits. You undertake that all Credits provided will be given in accordance with the usual practice in the film and television industry. Therefore, you may alter the Credits to a market standard and reduce the end-credits and/or copyright notices so that they can be displayed on a split-screen or condensed using visual effects or time compress the said end-credits and/or copyright notices, provided that the same remain reasonably legible.
- Delivery Material. FIN will deliver the Stories content including all material within five (5) working days after purchasing a license for the selected Stories content. Delivery shall be made to the address given in the payment process.
Material shall be delivered according to the broadcast television standards in Europe, especially the technical standards and references of the European Broadcasting Union. The Program shall be provided following:
- cameras and frame size during production at 3840 x 2160 pixels, bitrate of at least 50 Mbit/s, framerate of at least 23.97 frames/s progressive or 50 fields/s interlaced and RGB luma and gamut limits have to fulfil the recommendation of EBU R103-2000
- shall deliver file-based Apple ProRes 422 HQ @MOV Container in 1080p/25 standard
- Audio:Codec PCM, sample rate 48.000 kHz, Bits per sample 16/24 Bit, maximum audio level -9dBFS
Note: upon your request FIN will deliver the audio mix compliant to EBU-R128 (following practical guidelines EBU Tech Doc 3341, 3342, 3343 and 3344).
Please make sure you read the Restricted Uses section below for exceptions.
FIN COLLECTION LICENCE
FIN Collection license grants you the exclusive right to use Image printed in physical form which production is limited in ten (10) fine art prints. Delivery shall be made to the address given in the payment process. Image under this license is unavailable in digital form.
3. Restricted Uses
- No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
- No Commercial Use of “Stories” Content. You may not use content in section “Stories” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with TV distribution or events that are of general interests (for example, movie theaters screening).
- “Stories” license time limit. For content in section “Stories” there is set a limited period of time in which you are permitted to use the license rights to the delivered content. After three (3) years from the date of purchase your license rights expires which you can renewed or otherwise you are obliged to destroy all delivered material.
- No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
- No Use in Trademark or Logo. Unless you purchase a custom license, you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
- Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.”
- No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
- No use any Footage in OTT media service. Unless you purchase an extended license, you may not use any footage material in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters.
- No “stills” derived from Footage. Except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage
- No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites).
- No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorized by FIN, you may not use content (including any caption information, keywords or other metadata associated with content) for any machine learning and / or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, FIN does not represent or warrant that consent has been obtained for such uses with respect to model-released content.
- No Electronic Templates. Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
4. Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
- Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
Please note that seat restrictions apply. You may only use the content with appropriate amount of users, as explained in Section 5 below.
5. Seat license restrictions
The standard license is for a single user. The seat restrictions refer to the raw file of content, not the end project or use.
If you licensed the content with standard license, this means that you may share content within your organization but the content may only be available to one person at any one time. Unless you purchase an extended license, you may not store the content on a server (giving more than one-person simultaneous access to the content).
6. Intellectual property rights
- Who owns the content?
All of the licensed content is owned by either FIN or the artists who supply the content. All rights not expressly granted in this agreement are reserved by FIN and the content suppliers.
- Do I need to include a photo credit? You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “fin.hr/Artist’s Member Name.”
- Do I need to include a video credit? Yes, if technically feasible, you must include the following credit in visual productions: “fin.hr/Artist’s Member Name.”
- Termination. This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. FIN may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to FIN in writing that you have complied with these requirements.
- Social Media Termination. If you use the content on a social media platform or other third-party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
- Refunds/Cancellation. FIN does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of FIN. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
- Content Withdrawal. FIN may discontinue licensing any item of content at any time in its sole discretion. Upon notice from FIN, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which FIN may be liable, FIN may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. FIN will provide you with replacement content (determined by FIN in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
8. Representations and Warranties
FIN makes the following representations and warranties:
- Warranty of Non-Infringement. Your use of the content in accordance with this agreement and in the form delivered by FIN will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.
- Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, FIN does not warrant the accuracy of such information, or of any metadata provided with the content.
- No Other Warranties. Except as provided in the “warranty of non-infringement” section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. FIN does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
9. Indemnification/Limitation of Liability
- Indemnification of FIN by you. You agree to defend, indemnify and hold harmless FIN and its content suppliers from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
- Indemnification of you by FIN. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 8(a) above, FIN agrees, subject to the terms of this Section 9, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by FIN of its warranty in Section 8(a) above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from FIN, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.
- Extended Legal Guarantee. FIN total maximum aggregate liability (meaning the total amount FIN is responsible for, whether under this agreement or any other agreement for the same content) is limited to the amount of license fees received by FIN from licensee for the applicable licensed content in the twelve (12) months immediately preceding the events giving rise to such liability. If you need a higher indemnification amount, please contact FIN.
- The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation, in which case the indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal costs including attorney fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
- Limitation of Liability. FIN WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF FIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
10. General Provisions
- Assignment. This agreement is personal to you and is not assignable by you without FIN prior written consent. FIN may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
- Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to FIN sample copies of projects or end uses that contain licensed content, including by providing FIN with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, FIN may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to FIN of five percent (5%) or more of the amount you should have paid, then in addition to paying FIN the amount of the underpayment, you also agree to reimburse FIN for the costs of conducting the audit. Where FIN reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at FIN’s request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by FIN.
- Electronic storage. You agree to retain the copyright symbol, the name of FIN, the content’s identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.
- Governing Law/Arbitration. Unless expressly prohibited by the local law of your domicile, this agreement shall be governed by the laws of the Republic of Croatia. United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising under, out of or relating to this agreement and any subsequent amendments of this agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to mediation in accordance with the WIPO Mediation Rules. The place of mediation shall be Zagreb, Croatia. The language to be used in the mediation shall be English. If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within sixty (60) days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. Alternatively, if, before the expiration of the said period of sixty (60) days, either party fails to participate or to continue to participate in the mediation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules. The arbitral tribunal shall consist of one (1) arbitrator. The place of arbitration shall be Zagreb, Croatia. The language to be used in the arbitral proceedings shall be English Nothing in this mediation shall affect the right of FIN to commence legal proceedings, preliminary relief measures/injunctions or otherwise sue you in any appropriate jurisdiction, or concurrently in more than one jurisdiction, or to serve process, pleadings and other papers upon you in any manner authorized by the laws of any such jurisdiction.
- Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
- Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
- Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by FIN and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
- Notice. All notices required to be sent to FIN under this agreement should be sent via email to email@example.com. All notices to you will be sent via email to the email set out in your account.
- Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
- Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, FIN may add a service charge of 7.75% per year on any unpaid balance until payment is received.
- Licensing Entity. The licensing entity under this agreement is FIN, vl. Carlo Kovačec, I. Loparska 2, 10000 Zagreb, Croatia.