Terms Of Use

Member Terms of Service and Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE, ITS PRODUCTS AND SERVICES.

MotionGrafix maintains the www.mglibrary.co.uk website. Users of the mglibrary Site may browse image files (the "Image(s)” or "Content") and license the Images (Members are hereafter referred to as "Members”).

By registering with the mglibrary website, Members agree to bound by the terms and conditions of the MotionGrafix Privacy Statement and the following terms and conditions, as applicable (the "Agreement”):

  1. Consent

    Members must be at least 18 years of age. MotionGrafix may require that you provide sufficient proof of age or identity. By registering, you verify that your country of residence is the same as your billing address.

  2. Member Warranties and Responsibilities

    1. Member warrants that he or she has provided MotionGrafix with accurate, complete, and current member information. In the event that Member creates an account with MotionGrafix, Member agrees to keep current and update that information to ensure its accuracy and completeness at all times. Entering false personal information, or failing to comply with these Terms of Service, may result in the revocation of the license(s) granted to the Member, as well Member’s loss of his or her MotionGrafix mglibrary Account, and any other services or privileges provided by MotionGrafix.
    2. Members who create a MotionGrafix mglibrary Account will receive a password. Each Member is entirely responsible for any and all activities conducted through his or her MotionGrafix mglibrary Account. Member agrees to notify MotionGrafix immediately of any unauthorized use of Member’s password or account as well as of any other breach of security that may affect MotionGrafix mglibrary or it's Members.
    3. An individual Member may only create one MotionGrafix mglibrary Account. This limitation may be waived by MotionGrafix if there are multiple individuals within one organization that require access to the MotionGrafix mglibrary Website.
    4. Upon creation of a MotionGrafix mglibrary Account, you may be asked to choose a Member name. Members may not select or use a Member name of another person or a name that violates any third party's trademark or other proprietary right, that is or may be illegal to use, that may cause confusion with respect to the person's identity or association with other entities, or that MotionGrafix deems in its discretion to be vulgar or otherwise offensive. MotionGrafix reserves the right to delete any vulgar, inappropriate or offensive Member name, or to require the deletion thereof.
    5. Members whose accounts have been terminated by MotionGrafix may not access the Site without the express written permission of MotionGrafix.
  3. Indemnification

    Members shall indemnify, defend and hold harmless MotionGrafix, its officers, directors, employees, partners, associates, affiliates, joint ventures, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of Member's warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including legal fees and costs) incurred by MotionGrafix as a result of such breach or breaches. MotionGrafix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting Member’s indemnity obligations.

  4. Control of Operations

    1. MotionGrafix, in its sole discretion, may remove any Images on the Site including those appearing to infringe the intellectual property rights of other entities.
    2. MotionGrafix reserves the right, but does not assume the responsibility, to restrict conduct which MotionGrafix deems in its discretion to be harmful to individual Users, damaging to the communities that use MotionGrafix, or in violation of MotionGrafix or any third party's rights.
  5. Disclaimers

    1. MotionGrafix expressly disclaims 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 with or usage of trade.
    2. MotionGrafix makes no warranty with respect to any legal advice or information regarding proper legal use of any Image. Members are responsible for consulting their own attorneys to determine the fitness of Images for particular purposes. Member agrees to hold MotionGrafix harmless from any claims related to Member’s usage of Images.
    3. MotionGrafix, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through MotionGrafix.
    4. MotionGrafix makes no warranty that access to the Site will be uninterrupted, timely, secure, or error free.
    5. MotionGrafix makes no warranty as to the use or the results that may be obtained from the use of MotionGrafix Photos.
    6. MotionGrafix makes no warranty with respect to any related software or hardware used or provided by MotionGrafix  Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
  6. Limitation of Liability

    Member acknowledges that MotionGrafix shall not be liable to Member or any third party for any claims and/ or damages arising from Member's use of Images. MotionGrafix shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if MotionGrafix has been advised of the possibility of such damages.

  7. Termination

    Any Member may terminate his or her MotionGrafix mglibrary account at any time with or without cause by notifying MotionGrafix customer service of Member’s desire to do so.

    MotionGrafix may terminate any Member account at any time, for any reason or no reason. Member accounts that are not accessed (logged into) for more than two years may be deemed terminated at the discretion of MotionGrafix.

  8. Impermissible Conduct

    Any conduct by Members that, in MotionGrafix sole discretion, restricts or inhibits any other person or entity from using MotionGrafix mglibrary website or another service, is strictly prohibited and may result in the termination of a Member’s account without further notice. By registering for an account, each Member agrees to act reasonably and courteously in all communications with MotionGrafix employees and other Members. Member agrees to refrain from offensive speech, threats, intimidation, harassment, or sexual harassment of MotionGrafix employees and Members.

    In the event that a Member’s account is terminated due to impermissible conduct or fraud, access to MotionGrafix services and accounts will be immediately forfeited.

  9. Severability

    If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable by either party. To the extent any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overly broad or overly restrictive, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. All parties acknowledge and agree that this paragraph is reasonable and necessary to assure that the intent of the parties is carried out.

  10. Entire Agreement

    By using the Site, users hereby acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms and conditions. Users further agree that this Agreement is the complete and exclusive statement of the understanding between the user or Member and MotionGrafix.

  11. Revision of Agreement

    MotionGrafix may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Site. Users agree to review this Agreement upon notice of such revision, and any further use of the Site shall constitute agreement to the terms as modified. If any such revision is unacceptable to users, they may terminate their membership by notifying MotionGrafix customer service. Notice of termination will be effective upon notification by MotionGrafix.

    Questions or comments? Please contact customer service on +44 (0) 1803 390660.

  12. Permitted Uses

    1. Member may, subject to the Restrictions on Use listed below, use, alter, crop, modify, or adapt the Content only in connection with the following permitted uses. Any use of the Content that is not a Permitted Use shall constitute copyright infringement, entitling MotionGrafix to exercise all rights and remedies available to it under copyright laws around the world. Member shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
    2. Print media (provided that such use is not intended to allow the re-distribution or re-use of the Content), including advertising and promotional materials, editorial publications, books, magazines, newspapers, and newsletters, provided the aggregate reproduction of any Content is five hundred thousand (500,000) or less;
    3. Ebooks, including multi-seat license electronic books, provided the aggregate reproduction of any Content is five hundred thousand (500,000) or less;
    4. Multimedia presentations, including film and video presentations, and broadcast and theatrical exhibitions;
    5. Internet, intranet, online or web-based media, provided content does not exceed the size restriction in section: Restrictions On Use;
    6. Reproductions for personal use, provided they are not for resale, license, or other distribution;
    7. Documents in connection with Member’s business, such as business cards, letterhead, brochures, catalogs, advertising or promotional posters, displays for use in conventions and trade shows, provided the Content is not incorporated into or functions as a logo, trademark, or service mark and provided the aggregate reproduction of any Content is five hundred thousand (500,000) or less;
    8. Derivative works incorporating the Content, provided Member acknowledges that the right to produce derivative works incorporating the Content in no way grants to Member or any other party any right to the intellectual property or other rights to the Content, and provided Member does not use the Content in any electronic template or application, including those that are internet-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to: website designs, presentation templates, electronic greeting cards, or any other electronic or printed matter without obtaining a license for such purpose;
    9. Additional uses may be approved in writing by MotionGrafix. Contact customer service on +44 (0) 1803 390660.
  13. Restrictions on Use

    Member may not use or permit the use of the Content beyond the terms of this Agreement without first obtaining permission from MotionGrafix. Member may not:
    1. Sublicense, sell, distribute, assign, convey, or transfer the Content, this Agreement, or any of its rights under this Agreement;
    2. Sell, license, or distribute its final product in such a way that allows others to extract or access the Content as a stand-alone file;
    3. Use or display the Content in any item intended for resale, license, or other distribution or for use in "print on demand” products, including but not limited to t-shirts, postcards, posters, mugs, artwork, etc.;
    4. Incorporate the Content into a logo, trademark, or service mark;
    5. Distribute, post, or upload the Content online or on a server in a downloadable format or enable it to be distributed via mobile telephone devices;
    6. Use the Content in any electronic template or application, including any that are internet-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to: website designs, presentation templates, electronic greeting cards, or any other electronic or printed matter;
    7. Use any Content in any way that is in MotionGrafix reasonable opinion pornographic, defamatory, fraudulent, lewd, obscene, offensive, libelous, immoral, or in any way illegal, whether directly or in context or juxtaposition with specific subject matter and/or other materials, or that promotes illegal behavior, hostility or discrimination based on age, sex, race, disability, religion, ethnic background, sexual preferences, or any other subject matter that would in Licensor’s reasonable opinion be offensive or unflattering;
    8. Use any Content in any way that infringes on any copyright, trade name, trademark, service mark, or intellectual property;
    9. Use Content in connection with sensitive subjects, including, without limitation, topics that may depict the subject matter of the Content in a negative or unfavorable light, topics that subject persons to ridicule, and topics regarding all sexual or implied sexual activity, sexual preferences or orientation, feminine or personal hygiene, birth control, incontinence, impotence, sexually transmitted diseases, teen pregnancy, abortion, adoption, welfare or economic aid, dating agencies, escort or similar services, adult videos or the like, adult entertainment clubs or similar venues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, political or religious affiliation, herbal supplements or digestive aids, medical products/conditions/procedures, AIDS, cancer, and other physical, health and mental health issues or ailments, or the disparagement of a person or product;
    10. Use Content in any way in connection with or condoning crime or illegal activities of any kind, including, without limitation, unlawful Internet gambling;
    11. Use Content featuring a model in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, without accompanying such use with a written statement that indicates that the person is a model and the Content is being used for illustrative purposes only;
    12. Reproduce the Content or any part of the Content, on its own or otherwise, more than five hundred thousand (500,000) times without first obtaining an Enhanced License from MotionGrafix;
    13. Stockpile or otherwise store licensed Content that is not used within twelve (12) months of the date on which you first licensed the Content. If you fail to use the Content within twelve (12) months from the date you licensed the Content, you lose all rights to use that Content. If the Content was used during the Term, Member may continue to use the Content as it was incorporated into the same product or service, in accordance with the terms of this Agreement;
    14. Remove any copyright notice, trademark, identification number, or other proprietary right from the Content file;
    15. Use an automated program to download Content;
    16. Ship, transfer, or export any Content into any country where such Content is prohibited, or use any Content in any manner prohibited by any export laws, restrictions, or regulations;
    17. Use any Image on a third party website or social media service that claims to acquire rights to the Content contrary to these terms as a result of such use;
    18. Use an Image marked "Editorial Use Only" for commercial purposes;
    19. Falsely represent, whether expressly or by way of reasonable implication, that the licensed Content was created by you or a person other than the copyright holder(s) of that file.