Terms and Conditions
These Terms and Conditions of the License Agreement (the “Terms and Conditions”) constitute the legal document that shall regulate de licensing of the products offered in the website. By using this website, the user accepts all terms and conditions hereto. The user must not use this website if it disagrees with any of the provisions contained in these Terms and Conditions.
Hypemov Serviços de Licenciamento de Imagens e Vídeos Ltda., a Brazilian limited liability Company enrolled with the CNPJ/MF under n. 33.591.071/0001-65 (“Hypemov”) and/or its partners or collaborator own the copyrights over the images, videos, timelapses or hyperlapses available in this website (“Contents”), subject to the disclaimer provided in Clause 6.
3. Hypemov Licensing
The licensing of the Content by Hypemov operates through the granting of Royalty Free Licenses, or, alternatively, by Rights Management Licenses. Royalty Free licenses guarantee the respective purchasers the right to non-exclusive, non-transferable, global and perpetual use of the Contents, subject to the scope and limitations set forth in Clause 4. Rights Management Licenses, on the other hand, guarantee to the respective purchasers, the right to use the Contents, in specific projects, channels, period and scope, to be negotiated on a case-by-case basis with Hypemov, as indicated in Clause 5.
4. Royalty Free Licenses
4.1. Royalty Free Standard License.
This license, which may be acquired directly through our website, grants the purchaser the right to use the Contents:
a) As digital reproduction, including on websites, online advertising, social media, social networks, mobile advertising, mobile applications, software, electronic cards (“e-cards”), electronic publications (e-books, electronic magazines, blogs , etc.), e-mail advertising and online media (including video sharing services like YouTube, Vimeo, etc.).
b) For personal use, subject to the restrictions of Clause 4.2.
4.2. The Royalty Free Standard License does not grant the purchaser the right to:
a) Use the Content in any material printed in physical form as part of the packaging and label of a product, letterhead, point of sale advertising, CD and DVD cover art or in advertising or copy of tangible media, including magazines, newspapers and books.
b) As part of an outdoor media advertising campaign (“out of home”), including billboards, urban furniture, etc.
c) In a multimedia production distributed by open TV, cable TV, OTT video service (for example, Netflix, Hulu, Amazon) or in cinemas.
d) Resell the Content acquired for personal use, make it available for download or, in any way, monetize from the direct sale of the acquired Content.
4.3. Royalty Free Extended License.
This license, which may only be acquired by consulting Hypemov, grants the purchaser the right to use the Content in all ways specified in Clauses 4.1 and 4.2 above. Thus, the purchaser of the Royalty Free Extended License will have the right to use the Contents:
a) As digital reproduction, including on websites, online advertising, social media, social networks, mobile advertising, mobile applications, software, electronic cards (“e-cards”), electronic publications (e-books, electronic magazines, blogs , etc.), email advertising and online media (including video sharing services like YouTube, Vimeo, etc.).
b) For personal non-commercial use (not for resale, download, distribution or any other type of commercial use).
c) In printed material in physical form as part of the packaging and label of a product, letterhead and business cards, point of sale advertising, CD and DVD cover art or in advertising or copy of tangible media, including magazines, newspapers and books.
d) As part of an outdoor media advertising campaign (“out of home”), including billboards, urban furniture, etc.
e) In a multimedia production distributed by open TV, cable TV, OTT video service (for example, Netflix, Hulu, Amazon) or in cinemas.
4.4. The Royalty Free Extended License does not grant the right to resell the Content acquired for personal use, make it available for download or, in any way, monetize from the direct sale of the acquired Content.
5. Rights Management Licenses
Rights Management Licenses, which may only be acquired by consulting Hypemov, will be determined according to the purchaser’s needs and formatted according to each specific case, including, for example, granting exclusivity or not, term of validity of the license, placement channels, among other aspects. Therefore, for the Contents marked on the website as Rights Management, the user must contact Hypemov to acquire a specific Rights Management License, which will indicate, among other aspects, the authorized use, the media, the price, the geographical scope and validity period. In addition, if the user wishes to expand the scope, or change any aspect of the original Rights Management License, it should contact Hypemov to acquire a new license.
6. Disclaimer – Copyrights
Hypemov clarifies that all licenses herein exclusively cover the copyrights over the images, videos, timelapses or hyperlapses made available in this website, thus not including any rights to use the photographed models, nor the works, architectures, arts, properties or brands that appear in the Contents. Thus, By agreeing with these Terms and Conditions, the user undertakes to hold Hypemov absolutely harmless from any demand, claim, action or third parties claims of any nature, related to copyrights linked to the photographed models, works, architectures, arts, properties or brands that appear in the Contents.
7. No Unlawful or Prohibited Use
As a condition to use this website, the user warrants to Hypemov and acknowledge that this website or its content will not be used for any purpose that is unlawful or prohibited by these Terms and Conditions or by any applicable law or regulation.
The user is specifically restricted from:
a) Sharing the Content file publicly or sending the Content file to friends and family.
b) Selling, sublicensing and/or otherwise commercializing any website material.
c) Using this website in any way that is or may be damaging to this website.
d) Using this website in any way that impacts users access.
e) Using this website contrary to applicable laws and regulations, or in any way may cause harm to the website.
f) Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website.
g) Using this website to engage in any advertising or marketing.
9. No Representations and warranties
This website is available to the public “as is” and Hypemov does not make any representations and warranties, of any kind, in relation to this website.
10. No Refund
There is no refund once the user has downloaded the Content for sale on this website. Please make sure that it fits your project by downloading a preview.
Prices of the contents available in this website are subject to change for any reason, at the sole discretion of Hypemov.
12. Limitation of liability
12.1. In no event shall Hypemov be held liable for damages or losses arising out of, or in any way connected with, the use of this website, including, among others:
a) Direct, indirect, special, incidental or unforeseen damages, losses or expenses, arising out of the use or performance of this website.
b) Failures, delays or inability of the website.
c) Losses caused by improper use of the information and / or content contained in this website.
d) Data loss, computer viruses, line or system failure.
12.2. The user hereby releases Hypemov to the fullest extent permitted by applicable law, from any liabilities, costs, demands, actions, damages and expenses arising out or in any way related to these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
14. Variation of Terms and Conditions
Hypemov is expressly allowed to revise and/or change these Terms and Conditions at any time, and by using this website the user is expected to review these Terms and Conditions on regular basis.
Hypemov is allowed to assign, transfer and subcontract its rights and/or obligations arising from these Terms and Conditions without notice. On the other hand, the user is not allowed to assign, transfer or subcontract any of the rights and/or obligations undertaken in these Terms and Conditions.
16. Entire Agreement
These Terms and Conditions constitute the entire agreement between Hypemov and the user in relation to the licensing of the Contents, and supersede all prior agreements and understandings.
17. Governing Law & Jurisdiction
17.1. These Terms and Conditions will be governed by and interpreted in accordance with the laws of the federative Republic of Brazil.
17.2. Any and all controversies arising from these Terms and Conditions shall be submitted to the central court of the City of São Paulo, State of São Paulo, Brazil. The user hereby expressly agrees that no other court will be competent to settle any dispute arising from these Terms and Conditions.