This is a contract (“Terms”) between you and your clients (“you”) and Rocketium, Inc. (“Rocketium,” “we,” or “us”), applicable when you use our sites, services, mobile applications, products, and content provided by Rocketium, globally, in existence now or in the future (“Rocketium Services”), regarding the Content (“Asset/s”) provided by our third party integration with SHUTTERSTOCK, Lobster, Storyblocks, Soundstripe, collectively referred to as “Partner/s”.
You shall not use any Assets:
(1) Except solely as incorporated into the products created and distributed by Rocketium and its services.
(2) Together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
(3) Portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, or the like; b) in connection with the advertisement or promotion of tobacco and narcotic products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
(4) As a trademark, service mark, or logo by you.
Nothing contained herein shall be deemed to transfer the copyright of any asset to you. Partners and/or the various artists who provide assets to Partners own all rights, including the copyrights in and to the assets, and reserve all rights in and to the assets not expressly granted hereunder.
You agree that you are responsible for your conduct with regard to the Assets from Partners and for any consequences thereof. You agree to use the Assets only for purposes that are legal, proper and in accordance with these TOS and any applicable policies or guidelines provided by Rocketium from time to time. You agree that when using the Assets, you will not do the following, attempt to do the following:
- interfere with or disrupt Partner services or servers or networks connected to Partner services, or disobey any requirements, procedures, policies or regulations of networks connected to Partner services;
- place, nor cause, enable or permit a third party to place, advertisements or other materials that overlay, obscure or misattribute the Assets;
- use Assets and/or services for any illegal or unauthorized purpose;
- falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including Assets);
- use Assets that falsely expresses or implies that such content is sponsored or endorsed by Partner;
- upload, post, email or transmit or otherwise make available with, any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the content or have the permission of the owner to post such content;
- transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.
Rocketium warrants and represents that:
- Partner Assets and license was legally obtained
- Unaltered Assets when downloaded and used in full compliance with this agreement and with applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Assets violate any third parties’ rights of privacy or publicity;
- Unaltered Assets does not and will not violate any US law, statute, ordinance, or regulation.
- Unaltered Assets is not: (a) defamatory or libelous; or (b) pornographic or obscene
All the assets purchased inside of Rocketium are made available for use in videos inside Rocketium and its services only.
PRIVACY AND LEGAL COMPLIANCE
Rocketium maintains complete and accurate records of all orders, customers and transactions hereunder including all order and payment information, and all customer information related to Partner. Rocketium shall permit Partner to review or cause the review of the foregoing records and any other books and records as and when requested.
Rocketium shall provide your personal information, and the Assets used by you to Partner in the event Partner demonstrates a credible commercial need for such information (such as a legal claim arising from an Asset).
Notwithstanding the foregoing, Rocketium shall not be liable for any legal issues, damages, costs or losses arising as a result of use and modifications made to the Assets by you. You shall be solely responsible for the usage of these Assets.
TERMS OF TERMINATION
Rocketium reserves all rights to suspend your account immediately and without notice if:
- you seek or attempt to hack or interfere with any security mechanism of the Rocketium service and any of its integrations;
- we determine, in our sole discretion, there is evidence of fraud with respect to your account;
- you use any of the Partner Assets other than as expressly permitted herein;
- we receive notice or we otherwise determine, in our sole discretion that you may be using the Partner Assets for any illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party;
TERMS OF PAYMENT & REFUND
- Payment done for a purchase for any number and type of Assets is NON-REFUNDABLE. Please note that this payment is transferred to Partner websites and we are merely facilitating the purchase at a discounted price for a better user experience. As such no refund would be issued in any case whatsoever, irrespective of whether the asset is used in making a draft or a video. We would consider the transaction to be final as and when the Asset is purchased in the Media library.
- After you purchase an image from Shutterstock or Lobster, you can use it for all your future videos without paying for the same asset again.
- Few assets, like music tracks from Soundstripe, can be used for one video ONLY.
- You can purchase assets only if you have subscribed to any of the paying plans. They are not available to users on the BASIC plan.
Rocketium reserves the rights to change the terms at any time without prior notice or intimation.