- Createlist is an online content assets platform, offering a variety of assets, such as music, SFX, footage, templates and photos for download (“Assets”).
- How and where you can use the Assets is subject to Createlist License. However, without detracting from the License, there are restrictions to your use of the Assets as follows:
- a. You cannot use the Assets as standalones or separate files, without being part of a video, including reproduce, distribute, perform, copy, make available, share, transfer, resell or any other usage of the Assets as standalones. This also means you can’t allow anyone to use the Assets as separate files for listening, viewing, downloading, publicly performing, use as a template or any other use whatsoever.
- b. This also means that you can’t use the Assets to provide any services that compete with Createlist or Artlist and or use the assets to publish and/or advertise and/or promote in any other manner such services. You can’t resell the Assets in any way, such as in Assets collections, Assets libraries, Assets playlists, royalty-free music or licensing databases, tools, templates, etc. You also can't resell and/or upload the Assets or any of your Project incorporating an Assets to stock platforms.
- c. You can’t include the Assets in products for resale such as merchandise products, mugs, t-shirts, posters, greeting cards, games, toys, fashion, or include the Asset in an electronic template intended to be used by third parties.
- d. You can’t use the Assets in any manner which is illegal. In addition, the Assets cannot be used: (i) in the context of pornography; or (ii) to encourage violence abomination, racism, hate, threats and discrimination against any person based on race, religion, sex, sexual orientation, community or nationality, (iii) hurting the helpless; (iv) violating privacy; (v) slander and any other insulting or illegal contents.
- e. If clips or photos are included in your Project, which subject may be reasonably perceived as unflattering or controversial, you must indicate that the model (appearing in the clips/photos) has no connection to the Project's content (for example: stating the following: “Stock footage, posed by model”).
- f. You are getting a license to use the Assets and not ownership of the Assets, the Assets remain protected by copyrights and intellectual property of Artlist. This means you can’t claim ownership or register the Assets or the Projects through any
content detection and/or right management system. This also means that you cannot incorporate any Assets or Projects into a logo, trademark or service mark.
- g. The License does not cover payment of royalties to performance rights organizations (PRO).
- h. Please be aware, the Licenses will remain in effect through the period of your use of the Assets.
- The Createlist website and the Assets are provided to you for free on an ‘as-is’ and ‘as available’ without warranty of any kind, expressed or implies, including without limitation, to the warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranty that might arise under any law. We have the right to demand the removal of an Asset incorporated in your Project, for any reason, in which case you undertake to immediately remove such asset and/or stop using any part of the Project that the Asset is integrated into. In the event that removal is impossible, you undertake to entirely cease using the Project. We will bear no liability to you, for any direct or indirect damages, expense or loss, pecuniary or another, under any legal theory, which you might incur consequence upon: (1) your use or inability to use Createlist and Assets; (2) changes we make to Createlist or Assets; (3) ceasing, temporarily or permanently, the provision of Createlist; (4) changing, adding or removing any of the services’ characters or properties, all or any of them; (5) changing, adding or removing any content, recording or Assets from the Site; (6) We and our directors, officers, employees, shareholders or agents, will bear no liability for any kind of damage in connection with any claim, loss or damage arising under or out of this Agreement; (7) Demanding you to remove an Asset from a Project or cease using the Project in case such removal is impossible.
- The use of the Site and the Assets by you, are solely under your responsibility. You hereby undertake to indemnify Createlist, Artlist and its affiliates and employees, for any argument, claim, liability, damage, loss, loss of profit, payment or expense (including legal expenses), that might arise due to your use of our Site and services.
- Createlist reserves the right to suspend and/or terminate the Createlist website and/or services and/or remove and/or add new Assets, at any time without notice, at its sole discretion. We may revoke your license and access to Createlist and/or services and/or Assets immediately, in the event you have breached the Agreement, and/or if it is required to do so for legal reasons.
- Upon termination of the Agreement for any cause whatsoever, the rights granted to you under it will automatically expire, and you hereby undertake to immediately cease accessing, downloading and using any Assets, except as allowed under the License.
- All the information, the Assets and contents included in Createlist and the services offered by us, including without limitation any of the trademarks and logos, are protected by copyrights and intellectual property rights of Artlist. You are forbidden from making any use of Artlist’s intellectual property, exclusive of the right of use as specified in the License.
- We take copyrights protection very seriously. If you believe that any Assets infringe your intellectual property or other rights, please see our Copyright Infringement Notification Policy
- The laws of the State of Israel will exclusively apply to the Agreement, without giving effect to any rules or principles of conflict-of-law, and the jurisdiction to hear any issue resulting
from or regarding the Agreement, directly or indirectly, will be given exclusively and uniquely to the Tel Aviv-Yaffo courts and no other court anywhere else.
August 15th, 2023