TERMS OF SERVICE
User Agreement
Digital Aspirin, Inc. maintains a website, Digital-Aspirin.com ("website"), through which it provides services to you and other users which allow you to purchase licensing rights to use footage and/or audio files and other media files. You acknowledge that the website contains footage, media and information, including video files, creative art, 3-D animations, computer animations, motion backgrounds, camera acquired footage, flash files, data files, music, sound effects, software project files and other material which is protected by copyright or other proprietary rights that belong to Digital Aspirin, Inc and our affiliates.
GENERAL CONTENT LICENSE (Does not include Music. Scroll down for Music License.)
Permitted Uses for General Content:
Subject to the restrictions described under "GENERAL CONTENT AND MUSIC LICENSE RESTRICTIONS: PROHIBITED USES" below the following are permitted uses of all content available on digital-aspirin.com:
1. Advertising and promotional projects, including those that are electronic or used on the worldwide web, film and video presentations, commercials, electronic catalogues and brochures.
2. Films, video, broadcast and theatrical presentations;
3. On-line or electronic productions including web pages, podcasts and vidcasts;
4. Non-profit, educational and internal corporate videos.
5. Any other uses approved in writing, in advance by us. If you have any questions as to whether your proposed use is a permitted use, you should contact Us via email at help@digital-aspirin.com.
For clarity, You may not use the content in products for resale, license or other distribution, unless:
(i) the proposed use is approved in writing, in advance by Us; or
(ii) the content is being used as a part of a larger work, in which the content itself does not account for 25% or more of the finished product; or
(iii) the original Content has been modified or transformed sufficiently so that it constitutes an original work entitling the producer to copyright protection under applicable law ("Permitted Derivative Work"), and the primary value of the Permitted Derivative Work is not recognizable as the Content itself.
In order to qualify as a Permitted Derivative Work the content contained in the derivative work, cannot be downloadable, extractable or accessible by a third party as a stand-alone file. The work will be a "Permitted Derivative Work" for the purposes of this agreement only if you meet these criteria. Mere modification of the content, and subsequent reproduction will not constitute a Permitted Derivative Work. If there is any question whether a work is a Permitted Derivative Work or a Permitted Use, You should contact us via email at help@digital-aspirin.com. Any use of the content that is not a Permitted Use shall constitute infringement of copyright and is a breach of these terms of service.
MUSIC LICENSE
Permitted Uses for Music Content
Subject to the restrictions described under "General Content and Music License Restrictions: Prohibited Uses." below and the exceptions described under "Music License Exceptions Related only to Music registered with Performance Rights Organizations. The following are "Permitted Uses" of the Music:
Digital Aspirin, Inc. offers TWO Music licenses.
Personal Music License
Permitted Uses for the "Personal" Music License:
1. Personal / Non Commercial Use;
Standard Music License
Permitted Uses for the "Standard" Music License:
1. Corporate productions, non-profit and educational productions, student and project films;
2. trade shows and web productions;
3. Music may be re-produced up to a limit of 5,000 copies.
If you have any questions as to whether your proposed use is a Permitted Use, you should contact us via email at help@digital-aspirin.com. You may only use the content for those purposes which are Permitted Uses.
GENERAL CONTENT AND MUSIC LICENSE RESTRICTIONS: PROHIBITED USES
You may not do anything with the content that is not expressly permitted in the preceding section or permitted by a separate modified content license approved by us. By way of example and not limitation, the following are "Prohibited Uses":
1. Sale, resale or distribution of the content for profit either as a single background, effect, piece of footage, music file, sound effect file, composition, software project file or as a part of any background, effect, sound effect, music or footage library collection, software project file, set or product;
2. Sale, resale or distribution of the content as a part of another production where the content, in our sole discretion, comprises 25% or more of the finished product;
3. Incorporation of the content in any product that results in a re-distribution or re-use of the content (such as templates or) or is otherwise made available in such a way one could extract or access or reproduce the content as a separate file;
4. Use of the content on websites or other venues designed to induce or involving the sale, license or other distribution of "on demand" products;
5. Sub-licensing, re-selling, renting, lending, assigning, gifting or otherwise transferring or distributing the content or the rights granted under these terms of service;
6. Removal of any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the content;
7. Installation and use of the content in more than one location at a time or placing a copy of the content on a network server or web server for use by others;
8. Use of the content or music in a way which could be considered obscene, immoral, infringing, defamatory or libelous in nature, or that could be reasonably likely to bring any person or property reflected in the content into disrepute;
9. Use of or display of the content in an electronic format that enables it to be downloaded or distributed as the original stock media file via mobile devices or shared in any peer-to-peer or similar arrangement;
10. Breaking the content into smaller pieces and selling these pieces as stock media;
11. Use of content in customizable video ads for sale is prohibited unless You re-purchase the content each time the ad is sold.
12. Release of music on any commercial audio-only product (e.g., compact discs or other records or tapes, audio books, etc).
13. Use that involves any change to the basic makeup of the original music, or the addition of lyrics to the music without the express written permission of the producer. You may otherwise cut or alter the music to fit the intended use;
Copyright
We respect the intellectual property rights of others, and require that those people who use the website, or the services or features made available on or through the website, do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Digital Aspirin, Inc:
a) your address, telephone number, and email address;
b) a description of where the alleged infringing material is located;
c) a description of the copyrighted work that you claim has been infringed; and
d) a statement by you, that you warrant that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Delivery Method
Delivery on all products from Digital-Aspirin.com such as footage, media and information, including video files, creative art, 3-D animations, computer animations, motion backgrounds, camera acquired footage, flash files, data files, music, sound effects, software project files and other material , will be made via download once purchase has been made. If there are any issues with any content, please email us at help@digital-aspirin.com. Allow 24 for a response.
Refund / Return Policy
Purchases are non-refundable. If an exception to this rule is granted, there will be a $10 processing fee assessed due to costs imposed upon us a result of the transaction. If there are any issues with any content, please email us at help@digital-aspirin.com. Allow 24 for a response.
Disclaimers
(a) We expressly disclaim all warranties and conditions of any kind, either express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third-party rights, and those arising from a course of dealing or usage of trade.
(b) We do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection. From time to time the porting of particular footage or content may not be feasible and we may remove any such content from the Website without any liability to you. You are responsible for assessing your hardware and transmission needs.
(c) We assume no responsibility for anything arising from the possession or use of footage, content or video obtained from us or used via the website.
(d) We make no warranty that use of the website will be uninterrupted, timely, secure, or error free. We make no warranty as to the results that may be obtained from the use of the website or content purchased on the website.
(e) We make no warranty with respect to software, if any, used in connection with the services on or provided by the website.
Changes to Terms of Service
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE.
This agreement comprises the entire agreement between you and us, and supersedes any prior agreements. Digital Aspirin, Inc. may, at its sole discretion, revise or change these Terms of Service (in whole or in part) from time to time and at any time without notice to you.
Your continued use of the website and/or the services made available on or through the website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.