Welcome to MotionElements. 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 CONTENT. 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.
Use of the Site
- Age and Responsibility. You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Account by others, including minors living with you). You agree to supervise all usage by minors of the Site under your name or account.
- Ownership. The Site is owned and operated by MotionElements. All aspects of the Site, including the design and “look and feel” thereof and all of the Content featured or displayed thereon, are owned by MotionElements and/or its licensors and/or Content providers. All elements of the Site, including 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 Site or such Sites’ 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 Site, 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.
- Sample Usage: MotionElements grants you a limited, nontransferable, nonexclusive license to (a) download watermarked content, (b) and to use the content and any derivative works or copies (collectively, the "Sample Content"). The Sample Content may only be copied, modified and incorporated in materials for sample use including comprehensive layouts or offline edit (“Comp Use”). The Sample Content may not be used in any final materials distributed internally or to the public. All other rights are reserved to MotionElements. Other than the above Comp Use, Sample Content may not be used in any way. After you have purchased the Content and paid in full, the applicable License Agreement applies.
- Search Results and Rankings: For your convenience, we offer various ways to rank and order your search results on our Site. Some of these rankings are created through a fully automated ranking system (algorithm) and is based on multiple criteria. We make no representation or warranties as to the the accuracy of these results and rankings.
- Benefits: You can visit and browse the Site without signing up a member, but you will not be able to purchase / license Content or access the membership portions of the Site. You can signup at www.motionelements.com/signup. Membership is free.
- Age: You need to be 18 years or over to sign-up as a member.
- Registration Data. You agree to: (a) provide true, accurate, current and complete information about yourself and your company, as prompted by the Site’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.
- Member Account: Upon registration, you will be required to create a password that will be associated with your member account. You are responsible for maintaining the confidentiality of the password and your account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MotionElements of any unauthorized use of your password or account or any other breach of security, (b) defend, indemnify and hold harmless MotionElements from any loss or damage arising from unauthorized use of your password or account.
- Account Cancellation. We will do everything to make your experience as satisfying as possible; however, you are free to cancel your account anytime by emailing us at [email protected] or by such other means of written notice acceptable to MotionElements which enables confirmation of your identity and your intention to terminate.
- Upon termination of your account, you agree to forfeit all download credits remaining in your account.
- Cancellation of Membership does not relieve you of your responsibilities to pay any amounts due to MotionElements under this Agreement. MotionElements's rights, defenses and limitations of liability provided under this Agreement and all non-membership clauses in this Agreement shall survive the cancellation of Membership.
- We may also terminate or suspend your account, without notice, for conduct that we believe violates this Agreement or for an inactivity, which is defined as failing to access your Account for an extended period of time, as reasonably determined by us.
Buying from ME
- Pricing: All prices are based in US Dollars and converted to your selected currency, at a rate determined by us, which may include a conversion and/or processing fee for certain currencies. Prices, offers and products are subject to availability and may change.
- ME Credits: ME Credits are our virtual currency and one (1) ME Credit is equal to one (1) US Dollar. The price of ME Credits will be the price specified on the Site at the time of your purchase. ME Credits can only be used to pay for MotionElements transactions. We do not refund any monies deposited to your Account unless under special circumstances. ME Credits are valid for one (1) year from the date of purchase. ME Credits will only be available on MotionElements website. ME Credits cannot be resold to another person or website, transferred for value or redeemed for cash, except to the extent required by law. Unused ME Credits are not transferable.
- Payment: You can choose to pay by ME Credits, Credit Card or any other payment methods listed on the checkout page.
- Payment by ME Credits: If you choose to pay using ME Credits, the total price you pay will be deducted from your ME Credits.
- Payment by Credit Card: If you choose to pay using Credit Card, you will be redirected to a Payment Processor. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize MotionElements to charge the designated credit card, or PayPal account, for the total amount of the purchase.
- Currency conversion costs: You are responsible for any currency conversion costs incurred.
- Use of Content. You may download Content only in accordance with the terms of this Agreement and the then applicable License Agreement.
- Based on MotionElements' 100% money back guarantee sales policy, we will offer a refund within 30 days of purchase in the event:
- the product is not up to the specifications as described in the product page;
- the product is not of acceptable quality;
- you are unable to download your purchase.
- We will assess other refund requests based on their merits. There is no obligation to provide a refund in situations like the following:
- you have changed your mind about a product;
- you bought a product by mistake;
- you do not have sufficient expertise to use the product.
- All refunds will be done using the same payment method used to make the purchase. If the product was bought using ME Credits, you will be refunded in ME Credits; if the product was bought using a particular payment method, you will be refunded using the same payment method.
Selling with ME
- Registration. To start selling with MotionElements, you need to (a) register as an Artist (b) accept the terms in our Contributor Agreement and (c) upload your digital assets for the initial contributor approval.
- Uploading Digital Assets. In consideration of uploading digital assets on the Site, you agree that 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 Site 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 in the discretion of MotionElements, and MotionElements may refuse your digital assets for any reason.
Rules of Conduct
- Prohibited Conduct: You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement, including, you agree that when uploading to or communicating via the Site, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
- Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
- Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
- Download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner.
- Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site.
- You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other MotionElements member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- Managing Content. MotionElements does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, MotionElements reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Account. MotionElements shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by MotionElements to determine Accepted Content is done as a courtesy only.
- Confidential Information. While using the Site, you may obtain Confidential information about us or another member, and you agree that during the term of this Agreement and thereafter you shall not, without the express written consent of MotionElements, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Agreement or as required by applicable law.
- Intellectual Property Infringement Claims. MotionElements respects the intellectual property of others, and we ask our users to do the same. If you believe that a Content infringes an intellectual property right, including copyright, please notify MotionElements at: [email protected].
- Linking to us: We are happy if you link to us, but you have to link to the full version of a HTML formatted page of our Site. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to link to our Site in any manner such that any page of our Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to insist that any link to our Site be discontinued, and to revoke your right to link to our Site.
- Links from the Site: This Site may contain links to Third-Party Sites. We have no control or responsibility over or endorse anything on any Third Party Site. We are not liable for any loss or claim that you may have against any Third Party Site.
Term and Termination
- This Agreement is effective until terminated.
- If you wish to terminate this Agreement, you may simply discontinue using the Site.
- If you have deposited credits, we will not issue any refund.
- MotionElements reserves the right, in its discretion, to restrict, suspend or terminate your right to access any portions of the Site at any time for any reason without prior notice or liability. MotionElements may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass.
- Notwithstanding the foregoing, if you have deposited credits into your account, such account can only be terminated by us if you materially breach this Agreement and fail to cure such breach within thirty (30) days from our notice to you thereof; provided that, we can terminate the Site immediately as part of a general shut down of our service.
- MotionElements shall not be liable to you or any third party for any termination or suspension of your access to the Site.
MotionElements Representations and Warranties
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- THE SITE 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 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MOTIONELEMENTS MAKES NO WARRANTY THAT (i) THE SITE SHALL MEET YOUR REQUIREMENTS, (ii) THE SITE 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 SITE SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE SHALL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED; AND (vi) THAT THE SITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTIONELEMENTS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Your Indemnity. You agree to indemnify, defend and hold MotionElements Parties harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees) incurred by any MotionElements Party in connection with: (i) any use or alleged use of the Site under your Account by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Account; or (iii) any breach by you of this Agreement or your unauthorized use of the Site, the Content and/or related rights. MotionElements reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MotionElements's defense of such claim.
Limitations of Liability
- YOU ACKNOWLEDGE THAT YOUR USE OF OUR SITE 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 SITE 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 EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. EXCEPT AS SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL MOTIONELEMENTS’S LIABILITY EXCEED FIFTY ($50.00) US DOLLARS.
- SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE MOTIONELEMENTS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- No Waiver. No action of MotionElements, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of MotionElements in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
- Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MotionElements with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MotionElements with respect to the Site.
- Third party: If you are agreeing to these terms on behalf of someone else (like your employer), you represent and warrant that you have full legal authority to bind that third party.
- Survival: Any provisions that by their sense and context are intended to survive the termination of this agreement shall survive such termination. Any cause of action that MotionElements may have against you for breach of this agreement prior to the date of termination shall survive such termination.
- Severability: If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- Choice of Law: This Agreement will be governed in all respects by the laws of the Republic of Singapore, without reference to its laws relating to conflicts of law. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in our opinion, such action is necessary or desirable.
- 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 us. 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.
- Changes to Terms: MotionElements reserves the right, in its discretion, to modify this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Agreement, including any modifications made by us as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Site.
|Confidential Information||Any and all data, information, documents, software or materials relating to the business and management of MotionElements, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including: the business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies and other intellectual property.|
|Content||Individually and collectively, any digital content, including photographs, illustrations, vector files, video files, audio files, animations, 3D models, flash files, data files, project files and templates, code snippets, software and other material that that are uploaded or submitted by Contributor to MotionElements and accepted by us for inclusion into our Library.|
|Content Information||Information, documentation, tags, annotations and other metadata of the Content that are available on the Website or provided by us to you.|
|Contributor(s)||Individual owner(s) and copyright holder(s) of the Content or one authorized by written agreement with owner(s) and copyright holder(s) to represent the Content and enter into this Agreement on behalf of copyright owner(s).|
|End Product||A work created by or on behalf of you that (a) for Video Template Content, is a customized and rendered video of the Content, or (b) For other types of Item, incorporates the Content together with other substantial independently created works, so that it is larger in scope and different in nature than the Content.|
|Account||Your account that allows you to access the membership portions of the Site.|
|MotionElements, we, us and our||MotionElements Private Limited|
|MotionElements Parties||Collectively, MotionElements, our Subsidiaries, our Affiliates and their respective directors, officers, employees, shareholders, partners and agents.|
|Payment Processors||PayPal, Stripe, Skrill, Payoneer, E Protections or other payment processing providers.|
|Royalty-Free||The licensing of Content for a broad category of uses for one license fee without any time restriction.|
|Sell, sold||Sell, license, sub-license, rent, lend, convey, assign, gift, or otherwise transfer or distribute for any type of fee or charge.|
|Third-Party Site||Websites controlled by parties other than MotionElements.|
|Website, Site||Our internet site at motionelements.com, subdomains of this domain, and other internet sites of MotionElements, our Subsidiaries and our Resellers.|
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MOTIONELEMENTS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MOTIONELEMENTS RELATING TO THE SUBJECT OF THIS AGREEMENT.
Updated 13 December 2016