Terms of Use

Our terms of use for the Platform

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.

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF USE, OUR CREATOR TERMS, LICENSE TERMS, PRIVACY POLICY AND COOKIES POLICY BEFORE USING THIS WEBSITE AND IF YOU HAVE ANY QUESTIONS CONTACT US.

The following Terms of Use regulate your use of the Website, software scripts, plugins, instruction sets and any related documentation (the "Software") as well as all other tools, information, software, applications, files, websites, documentation, application interfaces and other services provided by AeSweets (the "Services").

These Terms of Use, together with our Privacy Policy, Cookies Policy, each Software's Additional Terms, Creator Terms, and all other terms expressly mentioned in any of these documents, form a legally binding agreement (the "Agreement") between you and AeSweets regarding your use of the Website, the Software and the Services (hereinafter referred together to as the "Platform").

I. Acceptance of Terms of Use

If you do not agree to any of the terms outlined in these Terms of Use, our Privacy Policy and Cookies Policy, you should not use the Platform. By using the Platform, or by accessing or downloading any information or content from or to the Platform, you guarantee that you have understood the Terms of Use, Privacy Policy and Cookies Policy, will accept them, and that you are 18 years of age or more. If you would like to obtain more information about our Terms of Use, Privacy Policy and Cookies Policy, please do not hesitate to contact us at: privacy@aesweets.com.

II. Changes to Terms of Use

These Terms of Use may be updated from time to time in the future at our discretion. When this happens, the Terms of Use will be posted on the Website with a new "Last Updated" date at the top of these Terms of Use. In this case, please check back these Terms of Use from time to time to assure that you are acquainted with all changes.

III. Availability

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

Content Creator can be any user of the Platform that agreed to our Terms of Use, License Terms, Creator Terms, the Privacy Policy, the Cookies Policy and any additional terms related to the Services or the Platform, that have contributed Content Files to the Platform.

IX. Content User

Content User is any user of the Platform that agreed to our Terms of Use, License Terms, the Privacy Policy, the Cookies Policy and any additional terms related to the Services or the Platform, that has downloaded or otherwise made available for himself/herself any number of Content Files after obtaining a proper License.

X. Availability of Content Files

Content Files are created by Content Creators of the Platform and may be removed at any given time by their own discretion or by AeSweets in case of violation of our Terms of Use, other terms related to the use of the Platform or by violating moral norms and standards of AeSweets. All Content Files made available on the Platform are distributed “AS IS” and AeSweets shaw not be liable for any loss, integrity or availability of the Content Files on the Platform.

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

You may sign in or enable the Service via different third party services, such as social media services or social networking services like Google, Twitter or Facebook (the “Social Network Services"). By integrating such Social Network Services into the Service, we make your experience better and more personalized. In order to make use of this feature and capabilities, we may ask you to authenticate or sign in into Social Network Services on their website or respective providers. This integration will provide us with access to certain information about you that you have provided to the Social Network Service, and we will use, store and disclose such information according to our Privacy Policy. Please note that every action regarding this information is governed solely by the privacy policy of third parties and we have no responsibility or liability over the privacy policy practices of any third party. We are also not responsible for any accuracy, availability or reliability of any information, content, data or statements made available in connection with the Social Network Services, and we are not liable for any damage or loss caused by or in connection with use or reliance on any such Social Network Service.

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.

XV. Misuse

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:

  1. copy, change, host, sublicense, or resell any part of the Platform;
  2. use the Platform in order to create any type of database;
  3. access or attempt to access the Services in any other way other than the interface we presented or licensed;
  4. distribute content or engage in conduct that infringes anyone's intellectual property rights;
  5. imitate any person or entity;
  6. try to disable, harm, or destroy any part of the Platform or hardware;
  7. restrict any other user from using the Platform (for example: threatening or harassing others, encouraging others for violence, or abusing minors in any way);
  8. participate in chain letters, junk mails, pyramid schemes, spamming, or other unasked communication;
  9. place announcements of any products or services in the Platform;
  10. 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.

External Services could have their own terms of use and/or cookies policy and/or privacy policy, which may have different practices and requirements to those operated by AeSweets with respect to the Platform. It is your responsibility to take the needed measures to protect yourself from fraud by reading any terms of use, privacy policy, cookies policy or other terms regulating your use of these External Services, which you use at your own risk. We advise you to make investigations before entering into any transaction with any third party related to any External Services. It is also your responsibility to take the necessary measures in order to protect your computer or device from worms, viruses and any other harmful or destructive content and material that can derive from any 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.

XVII. Disclaimer

  1. 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.
  2. AeSweets does not guarantee that your use of the Platform will be timely, uninterrupted, safe or error-free.
  3. 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.
  4. AeSweets does not guarantee the safety of any transmission of content that has been uploaded to or downloaded from the Platform.
  5. AeSweets does not guarantee the efficiency in all cases of any components of the Platform that have been designed to prevent unapproved access.
  6. AeSweets does not guarantee that sharing and downloading of content will be effective in all cases.
  7. 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;
  • Any loss of profits, or any loss you may experience which is not a foreseeable consequence of AeSweets breaching these Terms of Use. Foreseeable losses are these that can be foreseen by you and AeSweets at the moment you accept and agree to these Terms of Use.

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.

Nothing in these terms of use limits or excludes the responsibility of AeSweets, its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders for:

  • 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.

XIX. Indemnification

You hereby irrevocably acknowledge and agree to compensate, defend and hold harmless AeSweets, including its subsidiaries, branches, successors as well as their employees, directors, agents and shareholders from and against any and all claims, expenses, losses, damages and costs arising out of any violation caused by you of these Terms of Use.

XX. Data Protection, Privacy and Cookies

All personal information that you have provided to us regarding your use of the Platform is gathered, stored, used and disclosed by AeSweets in compliance with our Privacy Policy. Additionally, usually with almost all of our online services, we use cookies in order to find out how users are using the Platform, so that we can find the best way to improve our Services. Our use of cookies is comprehensively described in our Cookies Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy.

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.

XXII. Termination

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: legal@aesweets.com.

AeSweets might terminate the Agreement and suspend your access to the Platform at any time in the following cases:

    If you breach any of the provisions of these Terms of Use; If AeSweets decides at its own discretion to stop providing access to the Platform in the jurisdiction of your residence or from where you are using the Platform; In other reasonable circumstances as determined by AeSweets at its discretion.

The norms of these Terms of Use that are intended by their nature to survive the cancellation or termination of the Agreement will survive the termination of the Agreement, including, but not limited to, the following sections: Indemnification, Termination, Disclaimer, Assignment to Third Parties, Severability, Limitation of Liability, Entire Agreement, and Applicable Law and Jurisdiction.

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.

XXIV. Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be considered separately from the Agreement and shall not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

XXV. Entire Agreement

These Terms of Use, together with the Creator Terms, the License Terms, the Privacy Policy and the Cookies Policy, form the entire agreement between you and AeSweets with respect to your use of the Platform, and annul any previous agreement between you and AeSweets. Any changes and modifications to the Agreement must be made in writing.

XXVI. Third Party Rights

These Terms of Use are intended to give rights only to you and AeSweets. Nonetheless, this does not affect our right to transfer our rights or obligations to a third party as described above in the Assignment to Third Parties section.

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.

You agree that, in the event of a breach of the Agreement by AeSweets or any third party, the damage caused to you will not entitle you to seek injunctive or other equitable relief against AeSweets and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

XXVIII. Disclosures

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: contact@aesweets.com.