The Terms of Service (TOS) presented here establish a legal agreement between you, or the entity you represent (referred to as “you” or “Customer”), and Suffix Library (defined in Part V Section 24 below). These terms outline the rights and responsibilities related to the licensing of any Content by you.
When you purchase any Content licenses, please ensure to review this TOS. Suffix Library retains the right to make changes to the TOS at its discretion. Suffix Library will make reasonable efforts to inform you of any such changes before they take effect. This may include sending an email to the address associated with your Suffix Library account, posting an announcement on this page, or your login page, or using other means of communication. Any modifications to the TOS will only apply to future purchases, including automated renewals. By licensing Content after such modifications, you agree to be bound by the modified TOS.
This is a single-seat license that grants authorisation to one individual to license, download, and use the content. Unless you upgrade to a Subscription or Enterprise account, no other individuals, including employees, co-workers, or independent contractors, are permitted to access your account or utilise content licensed through your account.
If you acquire a Subscription, the ability to license, download, and use content is constrained by the number of users allowed by that specific subscription. On the other hand, Suffix Library’s Enterprise account provides access and usage rights to an unlimited number of users, along with additional rights.
If you decide to purchase a subscription to a Suffix Library service, it is important to note that the service is governed by the Software-as-a-Service terms, which can be found at the following location: [‘HERE’].
If you need access and usage rights for multiple individuals, please get in touch with Customer Service Phone: +27 63 773 421. Email: Customer Support or our Enterprise Team. It’s important to clarify that if a user is acting within the scope of their employment, the employer will be considered the licensee for the license’s purposes.
In this agreement, “Content” refers to all the available licensed material on the Suffix Library website, which includes Images, Video, Editorial, and Music (as defined in this agreement).
“Video” encompasses moving images, animations, films, videos, audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects. Please note that Video excludes still images and was previously referred to as “Footage” in earlier versions of the agreement.
“Image(s)” includes still photographs, vectors, drawings, graphics, and similar visual representations.
“Music” encompasses musical compositions, master recordings, and other audio recordings containing sounds or a sequence of sounds, in any existing or future formats.
“Editorial” refers to still photographs and videos that are displayed under the Editorial tab or section.
“Visual Content” collectively refers to Editorial, Images, and Video.
1. Part I – Visual Content License
1.1 Suffix Library grants you a non-exclusive and non-transferable right to use, modify (except as expressly prohibited), and reproduce Visual Content worldwide, perpetually, within the scope of the applicable license, and subject to the limitations described herein.
a. IMAGES LICENSES:
i. A STANDARD IMAGE LICENSE allows you to use Images in the following ways:
1. Digital Reproduction: This includes using Images on websites, online advertising, social media, mobile advertising, mobile apps, software, e-cards, e-publications (such as e-books, e-magazines, blogs, etc.), email marketing, and online media platforms (including video-sharing services like YouTube, Dailymotion, Vimeo, etc.), with the condition that it falls within the budget limitations outlined in sub-section I.a.i.4 below.
2. Printed Materials: Images can be printed as part of product packaging, labeling, letterhead, business cards, point of sale advertising, CD and DVD cover art, or in the advertising and content of physical media like magazines, newspapers, and books. However, no single Image should be reproduced more than a total of 500,000 times.
3. Out-of-Home Advertising: Images can be incorporated into “Out-of-Home” advertising campaigns, such as billboards and street furniture, provided that the intended audience for such campaigns is less than 500,000 gross impressions.
4. Audio-Visual Productions: Images can be included in films, videos, television series, advertisements, or other audio-visual productions intended for distribution in any medium, regardless of audience size, as long as the production budget does not exceed R100 000.
5. Personal Use: You may use Images for your own personal, non-commercial purposes. It is not permitted to resell, download, distribute, or use them for any commercial purposes.
Please note that these explanations are the original terms. For complete accuracy and legal certainty, it is always advisable to refer directly to the original terms and conditions provided by Suffix Library when updated.
ii. AN ENHANCED IMAGE LICENSE grants you additional rights to use Images (in addition to the rights mentioned in 1-5 above), which are exclusive to Enhanced Image Licenses:
1. Usage without Limitations: You can use Images in any manner permitted under a Standard Image License, without any restrictions on the number of reproductions, impressions, or budget.
2. Merchandise Incorporation: Images can be incorporated into merchandise intended for sale or promotional distribution. This includes textiles, artwork, magnets, wall art, calendars, toys, stationery, greeting cards, and any other physical reproductions for resale or distribution. However, it is required that such Merchandise includes creative or functional elements separate from the Images.
3. Wall Art for Commercial Spaces: Images can be used as wall art in commercial spaces owned by you or your clients, solely for decorative purposes and not for sale. No additional creative or functional elements are necessary for this use.
4. Digital Template Incorporation: Images can be incorporated as elements of digital templates for sale or distribution.
If the rights granted by the Standard or Enhanced Image licenses do not meet your specific requirements, please contact Customer Service (Phone: +27 63 773 4721, Email: Customer Support).
b. VIDEO LICENSE
i. A STANDARD VIDEO USE LICENSE grants you the right to use Video in the following ways:
1. Web and Social Media: Video can be used in multimedia productions displayed or distributed via the web, social media, “Apps,” or other dissemination methods as allowed by the license. The audience for such productions should not exceed 500,000. However, this license explicitly prohibits the use of Video in multimedia productions distributed through broadcast, cable networks, OTT video services, or theaters, regardless of the audience size.
2. Live Performances: Video can be used in connection with live performances, provided the audience for all such performances does not exceed 500,000 people.
3. Websites: Video can be used on websites.
ii. AN ENHANCED VIDEO USE LICENSE grants you additional rights to use Video:
1. Multimedia Productions: Video can be used in multimedia productions displayed or distributed via the web, social media, “Apps,” and explicitly includes the right to distribute via broadcast, cable networks, OTT video services, or theaters, without limitations on audience size.
2. Live Performances: Video can be used in connection with live performances, with no limitations on audience size.
3. Digital Templates: Video can be incorporated into digital templates for resale, with a maximum limit of 1,000 licenses for such templates.
4. Websites: Video can be used on websites.
iii. If the Video Use License does not grant the rights you require, please contact Customer Service (Phone: +27 63 773 4721, Email: Customer Support).
iv. A VIDEO COMP LICENSE allows you to use watermarked, low-resolution Video solely for the test, sample, comp, or rough cut evaluation purposes. However, it does not permit you to display or distribute such Videos to the public or incorporate them into any final materials. You are allowed to edit Comp Videos, but the Suffix Library watermark must not be removed or altered. The availability of Comp Videos for the license after the initial download is not guaranteed by Suffix Library.
Please note that these explanations are the original terms. For complete accuracy and legal certainty, it is always advisable to refer directly to the original terms and conditions provided by Suffix Library when updated.
c. EDITORIAL LICENSE
i. An EDITORIAL LICENSE grants you the right to make a single, editorial use of an item of Editorial content, which can be distributed worldwide indefinitely.
ii. A “single-use” means that the Editorial content can be used in a single context, such as a news story, blog post, or page of a publication, at one time. However, you have the right to distribute that use in context across unlimited mediums and distribution channels.
iii. For example, you can reuse the Editorial content to illustrate a printed article on a blog or on social media, as long as it remains in context with the original printed article. Any use of the Editorial content that is not in context with the original printed article would require an additional license.
iv. An “editorial use” refers to the descriptive use of the content in a context that is newsworthy or of human interest. It explicitly excludes commercial uses such as advertising or merchandising.
v. Any use of Editorial Content under this license is subject to the express restrictions outlined in Part I, Section 4, which prohibit certain uses, including distribution via broadcast, cable, OTT, use on publication covers, and print runs exceeding 500,000. Additionally, any “special restrictions” indicated on the image detail page or in the metadata attached to an item of Editorial Content must also be observed.
All Editorial content is deemed “Editorial Use Only” under these terms.
Please note that not all Editorial content may be available for license from the Suffix Library website, and availability can change at any time. If you wish to license Editorial content that is not available on the website, please contact Customer Service (Phone: +27 63 773 4721, Email: Customer Support).
1.2 RESTRICTIONS ON THE USE OF VISUAL CONTENT:
You may NOT:
a. Use Visual Content in ways that exceed the rights granted by the purchased license.
b. Portray Models in offensive ways, including connections to adult content, tobacco advertising, political contexts, the portrayal of physical or mental ailments, or engaging in immoral or criminal activities.
c. Use Visual Content in pornographic, defamatory, deceptive, libelous, obscene, or illegal contexts.
d. Modify “Editorial Use Only” Visual Content in a way that changes its original context.
e. Use “Editorial Use Only” Visual Content for commercial purposes, including advertising, merchandise, or non-editorial contexts.
f. Resell, redistribute, provide access to, share, or transfer Visual Content, except as explicitly permitted.
g. Infringe upon any third party’s trademark or intellectual property rights or engage in deceptive advertising or unfair competition.
h. Use Visual Content as a trademark, service mark, logo, or other indication of origin.
i. Falsely represent that any Visual Content was created by you or someone other than the copyright holder(s) of that content.
1.3 RESTRICTIONS SPECIFIC TO VIDEO:
a. Use stills derived from Video solely for marketing, promotion, and advertising of your derivative works incorporating Video in context.
1.4 RESTRICTIONS SPECIFIC TO EDITORIAL:
a. Use Editorial content in multimedia productions distributed via broadcast, cable networks, OTT video services (e.g., DSTV, Netflix, Hulu, Amazon), or theaters, including related promotional materials.
b. Use Editorial content on publication covers, jackets, or other packaging related to the underlying use.
c. Use Editorial content in a publication with a print run exceeding 500,000 copies.
1.5 CREDIT AND COPYRIGHT NOTICES:
a. The use of Images and Video in news reporting, commentary, publishing, or any other editorial context must be accompanied by a credit to the Suffix Library contributor and to Suffix Library itself, in the following form: “Name of Artist”
b. The format for editorial credits should be as follows: “Name of Artist / Agency / Suffix Library”
c. Whenever commercially reasonable, if Images or Videos are used in merchandise or audio-visual productions, it is recommended to include a credit to Shutterstock in the following format:
d. “Image(s) or Video (as applicable), used under license from suffixlibrary.co.za“
e. For uses other than the above mentioned, credit attributions are not necessary, unless another stock content provider requires credit for the same use. However, it’s important to note that attribution is always required for editorial content.
f. The credit and attribution should be clearly legible without assistance, and its size, color, and prominence should ensure easy readability.
2. Part II – Music Licenses
2.1 In the context of Part II of this Terms of Service (TOS) agreement, the following terms have the following meanings:
a. “Advertising” refers to a production that is openly sponsored and non-personal, lasting up to three minutes, with the purpose of promoting or selling a product and/or service.
b. “Entertainment Production” refers to a product intended for entertainment purposes, excluding advertising.
c. “DVD” refers to any physical device, such as DVDs or Blu-ray discs, on which the production is recorded and can be accessed through appropriate hardware.
d. “Production” refers to either an audio-visual project where licensed music is synchronized with moving or still images, or an audio-only project where licensed music is synchronized with narration in the context of a podcast episode, radio documentary, or radio advertisement.
e. “Licensed Music” refers to the music made available as part of the content and accessible through https://suffixlibrary.co.za/sfx/music-home-2/.
f. “Personal Use” refers to a production, distributed via a Video Sharing Platform, where no more than R100 000 has been spent on promoting, advertising, and/or marketing the production.
g. “PRO-free Music” refers to the licensed music selections tagged as “PRO-free.”
h. “Websites” refers to all online platforms accessed via a web browser, excluding social media platforms and video-sharing platforms.
i. “Social Media Platforms” refers to platforms such as Instagram, Facebook, Twitter, Twitch, TikTok, and any additional platforms determined by Suffix Library.
k. “Television” refers to linear television programming distributed through broadcast, satellite, cable television, or IPTV, excluding OTT video services like DSTV, Netflix, Hulu, Amazon, Disney+, and Apple+.
j. “Video Sharing Platform” refers to platforms like YouTube and Vimeo, as well as any additional web-based video-sharing platforms determined by Suffix Library.
l. “Pilot” refers to an initial episode of a potential series, not exceeding 44 minutes in duration.
m. “Public Broadcaster” refers to a broadcast television undertaking primarily funded by government and/or viewer support, operating on a not-for-profit basis.
n. “Podcast Distribution Platform” refers to any online portal that enables access, streaming, and/or downloading of podcasts.
o. “Student Project” refers to a non-commercial production or other permitted use, excluding advertising, undertaken by a student as part of an accredited educational institution’s course of study.
p. “Theatrical Use” refers to the exhibition of a production in commercial cinemas.
2.2 MUSIC LICENSES
Suffix Library grants you a non-exclusive, non-transferable right to synchronize licensed music in a production, which can be distributed worldwide, indefinitely, based on the license you purchase. The license types and their respective rights and entitlements are as follows:
a. STANDARD MUSIC LICENSE: This license grants you the following rights:
1. Synchronizing licensed music in a production distributed through Websites, Social Media Platforms, and Video Sharing Platforms for Personal Use only.
2. Synchronizing licensed music in audio-only productions, such as podcasts, distributed through Podcast Distribution Platforms.
3. Theatrical use is limited to student projects.
5. Reproducing and performing licensed music in connection with plays and similar live performances, but limited to student projects.
b. ENHANCED MUSIC LICENSE: This license grants you the same rights as the Standard Music License, plus the following additional rights:
1. Synchronizing licensed music in productions, including advertising, distributed via Television in a single country, limited to pilot episodes or productions commissioned by Public Broadcasters.
2. Synchronizing licensed music in productions distributed via Radio in a single country.
3. Using licensed music in physical point-of-sale locations, trade shows, in-store displays, and industrial events in a single country
3. Part III – Warranties and Representations
3.1 Suffix Library provides the following warranties and representations:
a. Suffix Library has obtained all necessary rights from its contributors to grant the rights specified in Part I or Part II of this agreement.
b. Video and Images, when used in their original unaltered form and in compliance with this TOS and applicable law, will not infringe any copyright, trademark, or other intellectual property right. They will also not violate any rights of privacy or publicity of third parties, violate any US law, statute, ordinance, or regulation, or be defamatory, libelous, pornographic, or obscene.
c. Editorial content, when used in its original unaltered form and in compliance with this TOS and applicable law, will not infringe on a third party’s copyright, with the exception of elements depicted in the Editorial content.
d. While Suffix Library makes reasonable efforts to ensure the accuracy of keywords, titles, descriptions, and the integrity of Visual Content designated as “Editorial Use Only,” Suffix Library does not provide warranties or representations regarding keywords, titles, descriptions, or audio in videos. Suffix Library will not be responsible for any claims arising from inaccurate keywords, titles, descriptions, or audio in videos.
Apart from the warranties and representations mentioned in this section, Suffix Library does not provide any other representations or warranties.
4. Part IV – Indemnification and Liabilities
4.1 Subject to the terms of this agreement and provided that you have not breached any terms, Suffix Library will defend, indemnify, and hold you harmless within the applicable “Limit of Liability” described below. This indemnification is limited to your direct damages resulting from a third-party claim directly related to Suffix Library’s breach of the express warranties and representations outlined in Part III. The indemnification also covers associated expenses, including reasonable attorney’s fees.
To be eligible for indemnification, you must notify Suffix Library in writing of the claim within five (5) business days of becoming aware of it. The notification should include all relevant details of the claim. Suffix Library has the right to handle, settle, or defend any claim covered by this indemnification.
You agree to cooperate with Suffix Library in the defense and have the right to participate in the litigation at your own expense. Suffix Library is not liable for any legal fees or costs incurred by you prior to Suffix Library having a reasonable opportunity to assess the claim’s validity.
4.2 Suffix Library will not be liable for damages, costs, or losses arising from modifications made to the Content or due to the context in which you use the Content.
4. 3 The Limits of Liability for Suffix Library are as follows:
1. Standard Image Licenses: R100,000
2. Enhanced Image Licenses: R100,000
3. Standard and Enhanced Video Use Licenses: USD R100,000
4. Editorial Licenses: USD R100,000
5. Standard or Enhanced Music Licenses: Limited to the license fee paid for the respective Music asset.
If you have any questions about the above, please contact Customer Service at the provided phone number or email address.
You are responsible for indemnifying and holding Suffix Library, its officers, employees, shareholders, directors, managers, members, and suppliers harmless from any damages or liability arising from the use of the Visual Content beyond the permitted uses outlined in this TOS.
You also agree to indemnify Suffix Library for any costs and expenses incurred as a result of your breach of this agreement or any other agreement with Suffix Library.
5. Part V – Additional Terms
5.1 Except in cases required by law, Suffix Library is not obligated to provide refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration.
5. 2 By purchasing a subscription, you authorize Suffix Library to charge you all subscription fees for the agreed-upon term. If Suffix Library determines that you are entitled to a refund, it will be issued using the original payment method. If you reside in the Southern Region of Africa and cancel your account within fourteen (14) days of payment, and have not downloaded or licensed any Visual Content, you may be eligible for a refund. To cancel your account, please contact Customer Service.
5.3 After your subscription plan expires, it will automatically renew based on the same terms as your original purchase. You can disable automatic renewal at any time through your account settings. You grant Suffix Library the right to charge you for each automatic renewal until you disable it.
5.4 Fees charged by Suffix Library do not include taxes, and any applicable taxes will be added to the fees. If Suffix Library is required to collect indirect and/or transactional taxes under the laws of your state or country of residence, you are responsible for payment. When required to collect or remit taxes, you may need to self-assess the tax according to your country’s laws.
5.5 The Content and the right to use it are non-transferable, except as provided in this TOS. You are not allowed to sell, rent, sublicense, or transfer Content unless explicitly permitted. However, you can transfer Content to a third party once for the sole purpose of printing and/or manufacturing goods incorporating the Content, subject to the terms and conditions of this TOS. If you discover any unauthorized use of Content by a social media website, you must remove derivative works and notify Suffix Library. You must take reasonable steps to prevent third-party duplication of Content. If you find any unauthorized duplication, please contact Customer Service.
5.6 If Suffix Library notifies you of a claim or removes Content due to infringement, you must remove the Content from your systems and cease future use, at your own expense. Suffix Library will provide comparable Content free of charge, subject to the terms and conditions of this TOS.
5.7 If you use Content for work delivered to clients or customers, you must disclose their identities to Suffix Library upon request.
5.8 Arbitration:
1. Any dispute or claim arising from this TOS shall be settled through binding individual arbitration, administered under the rules of The Arbitration Foundation of Southern Africa (AFSA) and Arbitration Act No. 42 of 1965. The arbitration will take place in Sandton, Johannesburg. The language of the arbitration will be English. Each party will bear its own costs. Certain claims are exempt from arbitration and may be brought in court, including claims related to intellectual property rights, emergency injunctive relief, and non-payment of fees.
2. Both parties agree to bring claims against each other in their individual capacity, not as part of a class or representative action. No arbitrator or judge can consolidate multiple claims or preside over representative or class proceedings.
3. Both parties waive the right to a jury trial.
4. If a court determines that any term in this TOS is invalid, it will only affect that specific term, and the rest of the TOS will remain in effect. Suffix Library may assign this agreement under certain circumstances.
5. This TOS will be interpreted in accordance with its fair meaning and the laws of the applicable jurisdiction, without regard to conflicts of laws principles.
6. If you are agreeing to this TOS on behalf of your employer or another entity, you warrant that you have the authority to do so. You grant Suffix Library a limited license to use your trademarks in promotional materials, following your trademark use policies.
7. The number of Content downloads depends on the product purchased. Days are defined as 24-hour periods
Effective from: 28 May 2023
