Terms and Conditions

Welcome to the MotionElements website. The following are the terms and conditions that govern your use of this website. These terms and conditions may be updated by us from time to time without notice to you. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOTIONELEMENTS. PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE WEBSITE OR DOWNLOAD ANY DIGITAL ASSET, FOOTAGE OR IMAGES. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE WEBSITE.

Ownership

The Website is owned and operated by MotionElements. All aspects of the Website, including, but not limited to the design and “look and feel” thereof and all of the content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof are owned by MotionElements and/or its licensors and/or Content providers.

All elements of the MotionElements Website, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with MotionElements, no portion or element of any of the MotionElements Website or such Websites’ Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Website, the Content and all related rights shall remain the exclusive property of MotionElements and/or its licensors and/or Content providers unless otherwise expressly agreed.

Indemnity

You shall defend, indemnify and hold harmless MotionElements, its subsidiaries, affiliates, licensors, Content providers and their respective officers, directors, employees, agents, successors and assigns, from any and all loss, damage, liability, cost and expense, including without limitation attorneys’ fees and costs, incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Website, the Content and/or related rights.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you represent and warrant to MotionElements that you shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOTIONELEMENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. MOTIONELEMENTS MAKES NO WARRANTY THAT (i) THE WEBSITE SHALL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE SHALL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED; AND (vi) THAT THE WEBSITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTIONELEMENTS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU ACKNOWLEDGE THAT YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK AND THAT NEITHER MOTIONELEMENTS NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE OR THE CONTENT THEREON. YOU ACKNOWLEDGE THAT YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE CONTENT IS FOR MOTIONELEMENTS TO ELECT TO EITHER REPLACE ANY DEFECTIVE CONTENT OR REFUND THAT PORTION OF THE PURCHASE PRICE RELATED TO THE DEFECTIVE CONTENT. FOR ALL OTHER CLAIMS, YOU ACKNOWLEDGE THAT YOUR EXCUSIVE REMEDY IS TO CEASE USING THE WEBSITE. EXCEPT AS SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL MOTIONELEMENTS’S LIABILITY EXCEED USD50.

Registration

In consideration of your use of the Website, you agree to:
(a) provide true, accurate, current and complete information about yourself and your company as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user name, and are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify MotionElements of any unauthorized use of your password or user name or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) defend, indemnify and hold harmless MotionElements from any loss or damage arising from unauthorized use of your password or user name.

Uploading Digital Assets

In consideration of uploading digital assets on the Website, you agree to:
(a) you are at least 18 years of age and (b) you own the copyright to all digital assets which you upload. The copyright of all digital assets uploaded by you is retained by you and (c) you warrant that the digital assets does not violate any laws, does not depict the violation of any laws, is not offensive or intended to harass, threaten or cause discomfort to any person or entity, and does not contain anything that is sexually explicit and (d) you possess physical copies of signed talent or property releases and you warrant that the information contained in such releases are authentic, complete and accurate and (e) by submitting digital assets to MotionElements, you are offering MotionElements the right to evaluate the digital assets for licensing on the website and (f) upon receiving your submitted digital assets, MotionElements will evaluate your digital assets and may decide to offer a license agreement or refuse your digital assets submission for license and will notify you of its decision. In the event that MotionElements refuses your submission, MotionElements will obtain no rights in the digital assets. The decision to offer a license agreement or refuse your submission lies solely in the discretion of MotionElements, and MotionElements may refuse your digital assets for any reason.

Notice and Procedure for Making Claims of Copyright Infringement

Notifications of claimed copyright infringement on the Website should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide MotionElements the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

To report alleged copyright infringements, please contact content@motionelements.com.

Language of the Terms

Where MotionElements has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with MotionElements.

If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

Miscellaneous

This Agreement shall be governed by and construed pursuant to the laws of the Republic of Singapore . The courts located in Singapore , shall have exclusive jurisdiction over this Agreement and you agree to submit to the personal and exclusive jurisdiction of such courts. The failure of MotionElements to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MotionElements with respect to the MotionElements Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MotionElements with respect to the MotionElements Website.(c) MotionElements. All rights reserved.