You may have received a license with your purchase and the key points are listed on this license, however, those are only the 'bullet-point-style' license conditions. Please make sure that you also read and understand the full Licensing Terms & Conditions on this page. If you have any questions, please contact us via our contact form or at hello (at) atmosphaeres.com
Licensing Terms & Conditions for Atmosphaeres Videos
A license to use an individual 360 degree video clip (in the following referred to as 360 Video) is granted to the person or company to whom the respective invoice is issued (hereinafter referred to as “the licensee” or “you”), or your nominated licensee.
There are three different licenses.
- A Standard License is granted to a licensee who
– expects or has LESS than 10,000 views or sales of any products that include our videos
– uses a single computer to work with/edit our videos (1 Seat)
– uses our 360 videos in up to 2 of their own productions
– has or employs a maximum of 5 employees
- An Enhanced License is granted to a licensee who
– expects or has UP TO 100,000 views or sales of any products that include our videos
– uses up to 5 computers to work with/edit our videos (up to 5 Seats)
– uses our 360 videos in up to 8 of their own productions
– has or employs UP TO 10 employees
- A Premium License is granted to a licensee who
– expects or has MORE than 100,000 views or sales of any products that include our videos
– uses more than 5 computers to work with/edit our videos (unlimited Seats)
– uses our 360 videos in an unlimited number of their own productions
– has or employs MORE than 10 employees
Licensees of all license types have permission to use the licensed 360 Video(s) as outlined in our terms below.
A purchased license is non-transferable and may not be re-sold, given or hired to any third party, except when the license holder is a developer who has developed a product for his or her client, which uses the 360 Video(s). The developer may then hold the license on behalf of their client. There can be only one client per license.
1. Permitted uses of our 360 Video
You can use the licensed 360 Video(s) according to the following terms.
- Include any or all of the contents in your projects/programs and use the contents as stand alone;
- Cut, edit, dub, subtitle, voice-over (in any and all languages spoken in the licensed territory), alter, copy, and make any changes to the contents;
- Exploit and promote the contents and the licensee’s programs via the following means: linear rights (pay TV and Free TV, and Web TV for simulcast) and non linear rights VOD (subscribed based/ transaction based or advertisement based), Web (on standard platforms such as but not limited to social networks platforms, video streaming platforms, and custom made platforms & websites...), OTT, In Flight, Internet Streaming, Internet Downloading, Mobile Rights, Digital Rights;
You can use our 360 Video(s) to create and monetise as YouTube videos, however, you need to inform us of the videos that you place on YouTube so we can whitelist you. Please ensure that you provide a proper credit as described in point 3 (below).
You can use our 360 Video(s) that you have licensed as individual clips repeatedly in programs that you create on a case by case basis for your clients or patients. Pain- and other therapists commonly use our 360 Video in this way. Please note that products such as these cannot be duplicated, distributed or sold by your clients. Only you, the licensee, have the right to create and sell recordings that incorporate the 360 Video(s). Should your clients wish to use any 360 videos from Atmosphaeres, they require their own licenses.
Use of our ready-made, full-length Nature Relaxation VR Videos (e.g. The Bavarian Alps, Ireland VR, Dream Beach 360, etc.) for the purpose of use in any COMMERCIAL enterprise (e.g. hospitals, dialyses-, cancer- or other therapeutic practices) is subject to a monthly subscription model on a per-video and per-location/institution basis. Please contact us for details.
Use of our ready-made, full-length Nature Relaxation VR Videos (e.g. The Bavarian Alps, Ireland VR, Dream Beach 360, etc.) for the purpose of RESEARCH is FREE as long as they are used for charitable, strictly non-commercial purposes. Please get in contact with us to discuss your particular program.
2. Prohibited uses of our 360 Video
Distributing the 360 Video by itself
You cannot re-sell our 360 Video or distribute our 360 Video as a '360 Video only' product. This specifically includes distribution via stock video sites, be it either of individual clips or cut and/or edited versions of multiple clips or ready-made Nature Relaxation VR Videos.
Creating derivative works
You cannot alter our 360 Video and then claim that the 360 Video is yours. For example, you cannot add music, nature sounds or super-imposed visual footage (computer generated or video) to our 360 Video and then sell or distribute the 360 Video individually as your own product. You have to create a substantially different product where our 360 video is only a small component of your entire product.
Sub-Licensing our 360 Video(s)
You cannot sub-license our 360 Video(s) or derivative works of our 360 Video(s) to any third party, nor can you sell our 360 Video(s) as part of a production 360 Video library, as stock 360 Video(s), royalty free 360 Video(s) or 360 Video sample library.
Transfer a License
You cannot transfer a license for any of our 360 Video(s) to any third party, except where you are producing on behalf of a third-party and hand over the license at the end of the production. You have to notify of of this transfer and you then do not have a valid license any longer. Should you develop a new product after the license transfer, for a new client or yourself, you or your new client requires a new license.
a. You cannot use the title of our 360 Video(s) as the title of any media production that incorporates our 360 Video(s).
b. You cannot make our 360 Video(s) available in any way that allows people to download or extract the 360 Video(s) as a standalone file.
3. Providing a Credit
All the 360 Video(s) at Atmosphaeres were created by Eric Fassbender and while crediting www.atmosphaeres.com with a link to our website is not a requirement, it is a gesture that is very much appreciated. The wording of your credit (should you wish to give it) is entirely up to you, however, here are some examples of some appropriately worded credits:
a. (Title of 360 Video) by Eric Fassbender. Licensed by Atmosphaeres. Or if multiple 360 videos have been used: b. 360 Videos by Eric Fassbender. Licensed by Atmosphaeres.
Film / TV Production Credit
(Title of 360 Video) by Eric Fassbender. Licensed by Atmosphaeres.
YouTube Video Credit
If you use the 360 Video to create and monetise a YouTube video, you must add a credit in the written video description that includes a link to www.atmosphaeres.com
a. (Title of 360 Video) by Eric Fassbender. Licensed by Atmosphaeres (http://www.atmosphaeres.com)
b. if multiple tracks have been used: 360 Video(s) by Eric Fassbender. Licensed by Atmosphaeres (http://www.atmosphaeres.com)
4. Distributing, selling and/or monetising your products
If you create any products that incorporate our 360 Video(s) (for example, mobile phone/VR apps, digital downloads, etc.), you may distribute the number of copies of those products at any price you choose, depending on the license that you purchased (Standard=up to 10,000, Enhanced=up to 100,000, Premium=over 100,000). You can sell your products in as many formats as you like, anywhere in the world. You may also generate advertising revenue on videos that you create with our 360 Video(s) (YouTube videos for example), however, remember that our videos can only make up a small amount of your products.
5. Editing 360 Video(s)
You can edit our 360 Videos if necessary, by looping them, cutting them, applying fade ins, fade outs and transitions from one clip to another.
6. Transporting/Transferring 360 Video for production purposes
If you need to send your licensed 360 Video(s) to another person, you are free to do so via any means at your disposal. For example, you may burn a CD or DVD. You may transfer the 360 Video(s) to a portable storage device such as a USB hard drive or SD card. You may also transfer the 360 Video(s) via online file transfer services, however, in any of these examples you may only send the 360 Video(s) to persons who are directly involved in the development of your products or projects. Please take all reasonable measures to prevent unauthorized copying and distribution of our 360 Video.
7. License fees
Once your initial payment is received you will not have to pay any ongoing fees of any type (except for the ready-made Nature Relaxation VR Videos mentioned above).
8. Duration of license
This license has no expiry date. Provided that your payment is received in full and excepting any instance in which you breach the terms of this license agreement, you can continue to use the 360 Video(s) indefinitely.
9. Grant of license
This 360 Video license is granted to one person, or to one business entity.
If the purchaser is purchasing 360 Video(s) on behalf of a third party (the nominated licensee), the purchaser hereby represents and warrants that: (i) the purchaser is authorised to act as an agent on behalf of the licensee and has full power and authority to bind the licensee to this agreement; and (ii) if the licensee subsequently disputes such power or authority, the purchaser shall be bound and liable for any failure of the licensee to comply with the terms of this 360 Video license.
10. Intellectual Property and Copyright
www.atmosphaeres.com is owned and operated by Atmosphaeres (the licensor), a private company wholly owned by Eric Fassbender. Any 360 Video downloaded by you from this website is licensed to you by Eric Fassbender and its copyright is protected by Australian copyright law and international treaty provisions. Except for your limited right to use the 360 Video(s), Atmosphaeres shall have and shall retain the entire right, title and interest in and to all intellectual property rights arising from or relating to the 360 Video(s) and all copies thereof. No ownership or copyright in any 360 Video(s) shall pass to you by the issuance of this license. You cannot use our trademarks, logos, artwork, 360 Video samples or images without prior written consent.
11. Warranty and Limitation of Liability
Atmosphaeres warrants that: (i) the 360 Video(s) are free from defects according to the technical limitations of the medium at the current state of hard- and software that are used to record, stitch and edit the videos. Your sole and exclusive remedy for a breach of this warranty is the replacement of the 360 Video, however, we will consider extraordinary cases and try to fix any problems as good as possible; (ii) it has the necessary rights and authority to grant you the rights outlined in this license; and (iii) your use of the 360 Video(s) in accordance with the terms outlined in this license, excluding any modifications made by you, will not infringe on any copyright, moral right, trademark or other intellectual property rights. Atmosphaeres does not make any other warranties, express or implied, regarding the 360 Video(s) or its delivery systems, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Atmosphaeres shall not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of your use of the 360 Video(s), even if Atmosphaeres has been advised of the possibility of such damages, costs or losses. Nor shall Atmosphaeres be liable for any damages, costs or losses arising as a result of modifications made to the 360 Video(s) by you or the context in which the 360 Video(s) is/are used in your work. Atmosphaeres’ liability shall in no event exceed the actual price paid for the 360 Video license(s).
You shall indemnify, defend and hold the licensor harmless from any and all claims, losses, costs, damages and expenses resulting from or arising out of: (a) your breach of this agreement; (b) your unauthorised use of the 360 Video(s); (c) your activities after the licensor has notified you that such activities may result in the infringement of the intellectual property rights of any third party; or (d) any claim that the 360 Video(s) or the use thereof infringes upon, misappropriates or violates any patents, copyrights, trademarks, trade secret rights or other proprietary rights of a third party.
13. Unauthorised Use and Termination
Any use of the 360 Video(s) in a manner not expressly authorised by these license terms (including, without limitation, use of the 360 Video(s) by more than one (1) user without the purchase of additional licenses) constitutes copyright infringement, entitling Atmosphaeres to exercise all rights and remedies available to it under copyright laws throughout the world. Atmosphaeres shall have the right to terminate your right to use the 360 Video(s) immediately upon your breach of these license terms. Upon termination, you shall cease using the 360 Video(s) and shall delete or destroy all copies of the 360 Video(s). Termination of your rights shall not limit Atmosphaeres from pursuing any other remedies available to it, including, but not limited to, injunctive relief, nor shall termination relieve you of your obligations to pay Atmosphaeres any applicable license fees. You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
We take our customers’ privacy seriously. At no time will your personal details or e-mail address be passed onto any other company. We do not see, nor do we retain any financial data such as credit card numbers. These are gathered and processed securely by our e-commerce partners, such as PayPal, Stripe, Mastercard, Visa, etc.
15. Refund Policy
Please choose your 360 Video(s) carefully. Like most other online shops that sell downloadable products, it is not possible for us to refund or exchange any product that has already been downloaded. Once the download has taken place, the purchase is final.