Last updated: 30.03.2020.
Welcome to motionbites.com (the "Website"), which is operated by AE SWEETS LTD ("AeSweets", "we", "our', "us") and may be accessed worldwide.
BY USING THIS WEBSITE YOU AGREE TO ITS TERMS AND CONDITIONS.
The Platform is available only in English language and pages defining the Platform are accessible worldwide, but this does not mean that the Platform is legal in your country. You bear the responsibility to assure yourself that your use of the Platform is legal in your country of use.
IV. Additional Terms
Some of the Services or the Software are governed by additional terms (the "Additional Terms") that might come with the Services or the Software itself. Any content that we provide to you, like Content Files (defined below), samples, etc., are licensed, not sold to you, and may be regulated by Additional Terms.
V. Order of Precedence
In case of discrepancies between the terms in this Agreement and the Additional Terms , then the Additional Terms shall prevail regarding that Service or Software.
VI. Creator Terms
Contributions, monetizing or not, to the Platform by you in the form of Content Files (defined below) are governed by additional terms (the “Creator Terms”) located on the Site. For details visit the Creator Terms page.
VII. Content Files
"Content Files" corresponds to files distributed through the Platform, but not limited to video materials, images, project files, text documents, sounds and so forth in the form of archive or not. Except that the authorizing documents or specific license connected with the Content Files declare otherwise, you are allowed to use, change, duplicate and distribute any of the Content Files after obtaining a proper license. License Terms, regarding the Content Files are made available on the Website. Nonetheless, you are not allowed to distribute the Content Files in cases where the Content Files form the primary value of the distributed product. You are not allowed to pretend any trademark rights in the Content Files as well as derivative works of the Content Files where they are the primary value. You can’t redistribute the Content Files as stock, in a tool or template, or with source files. You can’t do this with the Content Files either on its own or bundled with other files, and even if you modify the Content Files. You can’t redistribute or make available the Content Files “as-is” or with superficial modifications. These actions are not allowed even if the redistribution is for free.
VIII. Content Creators
IX. Content User
X. Availability of Content Files
XI. Fees, Taxes and Income
Any fees paid by you hereunder are non-refundable. You will be responsible for withholding, filing, reporting, and paying all taxes, duties and other governmental assessments associated with your activity in connection with the Services (except for taxes on our net income and taxes we're legally obligated to pay).
XII. Social Network Services
XIII. NFR Version
The Software or the Services could be designated as "trial", "evaluation", "not for resale", or other similar terms ("NFR Version"). You are allowed to install and use the NFR Version only during the period as stated in that version. The NFR Version can be used only for the purposes which we have declared when we provide the NFR Version. It is strictly forbidden to use any materials you have produced with the NFR Version for any other purposes other than non-commercial purposes.
XIV. Pre-release Version
The Software or the Services can be designated as a pre-release or beta version ("Pre-release Version"). Pre-release Version is not the final product and is possible to include bugs, which can cause system failure or other failure as well as data loss. We reserve the right at our discretion not to release the Pre-release Version commercially. You are obliged to immediately stop using the Pre-release Version and destroy all copies of Pre-release Version if we ask you to do so. You should also stop using the Pre-release Version and destroy all copies of Pre-release Version if we release a commercial version of the Pre-release Version. Any other agreement we enter into with you regulating the Pre-release Version will annul the provisions on Pre-Release Version set out in this section.
You are forbidden to misuse the Services, the Software, or content that we provide to you as part of the Platform. For example, you are not allowed to:
- copy, change, host, sublicense, or resell any part of the Platform;
- use the Platform in order to create any type of database;
- access or attempt to access the Services in any other way other than the interface we presented or licensed;
- distribute content or engage in conduct that infringes anyone's intellectual property rights;
- imitate any person or entity;
- try to disable, harm, or destroy any part of the Platform or hardware;
- restrict any other user from using the Platform (for example: threatening or harassing others, encouraging others for violence, or abusing minors in any way);
- participate in chain letters, junk mails, pyramid schemes, spamming, or other unasked communication;
- place announcements of any products or services in the Platform;
- break applicable law.
XVI. Third Party Websites and Services
The Platform could contain access to third party websites, software, servers, networks, systems, programs, products or services ("External Services"). AeSweets does not provide any control over External Services, and is not in any way responsible for their content, operation or use. Through connecting or in any other way granting access to any External Services, AeSweets does not provide any representation, warranty or endorsement, express or implied, with respect to the legitimacy, accuracy, quality or authenticity of content, information or services provided by such External Services.
AeSweets disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby completely waive any claim against AeSweets with respect to the content or operation of any External Services.
- While AeSweets makes proper efforts to correct any errors or omissions in the Platform as soon as possible when they have been reported to AeSweets, AeSweets makes no guarantees, representations or warranties of any kind regarding the Platform or any element of the Platform, any content as well as any external services.
- AeSweets does not guarantee that your use of the Platform will be timely, uninterrupted, safe or error-free.
- AeSweets does not guarantee that imperfections will be adjusted or that the Platform or any part of it as well as the servers on which the Platform functions are or will be virus-free.
- AeSweets does not guarantee the safety of any transmission of content that has been uploaded to or downloaded from the Platform.
- AeSweets does not guarantee the efficiency in all cases of any components of the Platform that have been designed to prevent unapproved access.
- AeSweets does not guarantee that sharing and downloading of content will be effective in all cases.
- AeSweets does not guarantee that the use of the Platform is legal in all jurisdictions.
AeSweets including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders, expressly disclaim any other warranties, which have not been specifically described herein to the fullest extent permitted by law, including any express or implied warranties concerning non-infringement, merchantability and fitness for a specific purpose. In cases where the law of any jurisdiction limits, restricts or prohibits the disclaimer of the above warranties, the above disclaimers shall not apply to the extent that the legal norms of such jurisdiction applies to the Agreement.
XVIII. Limitation of Liability
AeSweets including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders, will not be responsible for:
- Any loss or damage that may result from your inability to use or access the Platform or any content of the Platform;
- Any loss or damage that may result from your inability to use or access any part or parts of the Platform;
- Any loss or damage that may result from your inability to use or access any External Services through the Platform;
- Any loss or damage that may result from any modifications, adjustments and changes which AeSweets might make to the Platform or part of the Platform;
- Any loss or damage that may result from any momentary or constant suspension or cessation of access to the Platform from any or all countries;
- Any loss or damage that may result from any action against you by third party rights holders regarding any breach of third party's rights due to your use of the Platform;
- Any loss or damage that may result from any imperfection or defect of any content;
- Any loss or damage that may result from any errors or omissions in the Platform's technical operation;
- Any loss or damage that may result from your failure to provide correct information to AeSweets;
- Any loss or damage to any computer software and hardware as well as any loss of information;
You are obliged to notify AeSweets in case of any claim or cause of action associated with your use of the Platform.
If limitation or exclusion of liability for minor or substantial damages could not be permitted by applicable law, thus the above mentioned limitations or exclusions might not be valid to you. In these cases, you agree that such limitations and exclusions reflect a fair distribution of risk between you and AeSweets and are essential components of the Agreement between you and AeSweets, and that AeSweets' responsibility will be limited to the maximum extent allowed by law.
- any kind of damages that have been caused by gross negligence or wilfully;
- any death or personal injury caused by negligence;
- any kind of liability that cannot be limited or excluded by law.
XX. Data Protection, Privacy and Cookies
XXI. Changes to the Platform and Pricing
AeSweets reserves the right at any time and for any reason to terminate, suspend or stop providing access to the whole Platform or any part of it, permanently or temporarily, and whether in its entirety or with respect to some territories only. When any permanent or temporary termination, suspension or cessation of access occurs, AeSweets shall use its efforts to inform its users by placing message on the Website.
You hereby agree that:
- AeSweets, including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders shall not be responsible to you for any modifications and changes to the Platform or any part of the Platform that AeSweets could make at its discretion;
- AeSweets, including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders shall not be responsible to you for any decision to discontinue, suspend or terminate the Platform or any part(s) of it.
AeSweets is allowed at its own discretion to:
- Change and modify any features or products;
- Remove or introduce new features or products;
- Change the prices for the products at any time.
You are allowed to terminate the Agreement at any time by sending a written notice to AeSweets at 24 Vasil Levski Boulevard, Sofia, Republic of Bulgaria or by emailing us at: email@example.com.
AeSweets might terminate the Agreement and suspend your access to the Platform at any time in the following cases:
XXIII. Assignment to Third Parties
You are not allowed to assign the Agreement or the rights and obligations, in whole or in part, to any third party without the written permission of AeSweets. AeSweets might assign its rights and its obligations under the Agreement, in whole or in part, to any third party without notice at any time.
XXV. Entire Agreement
XXVI. Third Party Rights
XXVII. Applicable Law and Jurisdiction
The whole Agreement is subject to the laws of the Republic of Bulgaria. All issues that are not explicitly regulated in the Agreement shall be governed by the provisions of the current Bulgarian legislation. You hereby agree, and AeSweets agrees all disputes arising out or in connection with the Agreement, including disputes regarding its interpretation, execution, nullity and termination shall be settled amicably by you and AeSweets and in case the dispute cannot be resolved amicably, it shall be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce.
The services hereunder are provided by AE SWEETS LTD, a company registered under the laws of Republic of Bulgaria and having its seat at: 24 Vasil Levski Boulevard, Sofia, Republic of Bulgaria. More information about AeSweets can be found on the Site. You may contact us by sending written correspondence to the above cited address or by emailing us at: firstname.lastname@example.org.