Terms & Conditions
1.1 GENERAL
These General Terms and Conditions apply to the entire business area of Supermotional LLC (hereinafter "Company"). The Company is provider of https://www.introbrand.com, a website featuring an audio-visual video maker with integrated online store for online creation of customized videos with logos (hereinafter “logo animation”). It offers its clients logo animation templates and customization options via individual customer data upload and/or data entry.
The present general Terms and Conditions (hereinafter “GTC”) apply to all legal transactions made through the Introbrand Online Store (hereinafter individually referred to as “Online Store”). The Company reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies, and may not be changed for the respective order unilaterally. The Company will not recognize adverse or conflicting terms of the Customer.
Conclusion of contract
The contract is concluded when the Company accepts the offer of purchase of services by the Customer, or in any case when the Customer makes use of the services offered by the Company.
Product and price
Product images, preview videos, audio, and images, demo materials and videos used for advertising on social media, or on the Online Store, including its customizer module, are for illustration purposes only, and are not binding. Delivery time for products and custom preview materials may vary, and depends on video complexity and video server availability.
All prices are in United States Dollars and offered in several currencies via the Online Store, unless otherwise agreed. The Online Store’s currency system determines and updates the exchange rates frequently. All prices are exclusive of value added tax (VAT) for all sales. The prices are exclusive of other applicable taxes. The Company reserves the right to change prices at any time. The prices that apply are stated at the time of order placement in the Online Store.
Payment
The following payment options are offered by the Company to the Customer: (advance payment) Credit card, PayPal.
Before initiating processing and/or delivery of product to the Customer, third-party payment providers may pre-authorize the amount on the Customer’s credit card and reconfirm it with the Company. All payments and payment information and customer data are processed and handled via payment providers Stripe and/or Pay Pal. No customer data or information on payment details is collected, processed, or stored on the servers of the Company.
Obligations of the Company
DELIVERY
After the order has been received, delivery shall occur within 7 (seven) business days. If timely delivery is not possible, the Customer will be notified within 7 (seven) business days after receipt of the order. In such cases, the new delivery date will be communicated.
When the purchased product(s) are made available for download from the Customer’s personal account on the Online Store, the obligation of the Company shall be deemed fulfilled.
ASSISTANTS
The parties bound by the contract shall have the exclusive right to utilize additional people to assist in fulfillment of their contractual obligations. The parties must ensure that this is done in compliance with all the compulsory statutory provisions and any collective labor agreements, where applicable.
Obligations of the Customer
The Company is a provider of an Online Store. By accepting the present GTC, the Customer confirms that he or she has unlimited capacity to act and is of age. The Customer expressly declares with the user sign-up that all the provided information corresponds to the truth. The Customer is completely responsible for the secure storage of his or her passwords and access data. The Customer is responsible for the content and the uploaded data, and shall, in particular, guarantee the legality of such data. Any data entry, upload, processing, or publishing of protected, illegal, or offensive materials, including plagiarism, is strictly prohibited, and the Company is not liable in any of such cases. The Company is free to refuse a Customer without special explanation or to close an account without prior notice. The Company is entitled to control the behavior of the Customer in connection with the use of the Online Store. The Company can check anytime the legality of the uploaded, processed and purchased materials on the Online Store by the Customer. The Customer is liable to the Company, its organs, employees, and assistants for all damages caused in connection with the use of the Online Store, regardless of a fault. The Customer has to release them from third-party claims and to pay the costs incurred.
Returns and Exchanges
There are no returns or exchanges for our products.
Warranty
The Company guarantees that the product complies with the technical specifications as indicated on the Online Store.
Excluded from any warranty or replacement are all free products and any product defects related to erroneous usage or failure of operation of the Online Store. Namely inaccurate/missing source materials uploaded by the Customer or any user data entered during the video selection, individualization, customization and output process.
The Company must be notified immediately about a possible technical defect or product error via the designated link in the download section of the Online Store. The Company has the right to decide if a refund is applicable in individual case. The Customer is only entitled to a refund of the purchase price if a technical defect is reconfirmed by the Company. Any refunds are provided via a personal voucher code only, which can solely be used in the Online Store. Third-party claims do not qualify for reimbursement or support of any kind. During the individual refund evaluation period, the Customer is not entitled to a replacement. The Company guarantees that the agreed services will be fulfilled in usual industry-level quality.
Liability
Liability for any indirect damage or damage caused by a defect is excluded in its entirety. The liability for direct damages is limited to the selling price of the purchased product. This limitation of liability is not applicable to direct damage caused by gross negligence or intention. The Customer is obliged to report any damages to the Company immediately. Any liability for Assistants is excluded in full.
Intellectual Property Rights
If the Customer uses content, audio and visual material in connection with the Company to which third parties have protective rights, the Customer must ensure that no third-party proprietary rights are infringed. By uploading any images, audio, video, text or other legally protected corporate elements to the Online Store, the Customer grants permission to the Company to make use of all uploaded elements or entered data in order to fulfill the service.
All offered and sold logo animations remain the sole property of the Company at all times. One license is sold to the Customer with each purchased logo animation.
All rights to services, products, and possible brands belong to the Company, or they are entitled to use them by the owner. Neither GTC nor any individual agreements can transfer any intellectual property rights. Additionally, any further use, access to information, and publication of pictures, videos, texts, audio, or any other information which the Customer receives in connection with these provisions is prohibited.
Privacy Policy
The Company may process and use the data from the contract to fulfill the obligations arising from it. The Company takes all the required measures to secure the data according to the legal regulations. The Customer agrees to fully accept the storage and utilization of their data as stated in the agreement by the Company, and is aware that the Company is obliged and entitled to arrangement by courts or authorities to provide information about the Customer or a third party that are known. If the Customer has not specifically prohibited, the Company may use the data for marketing purposes. The data necessary for the performance of the service can also be passed on to authorized service partners or other third parties. Further information may be found in our separate Privacy Policy published on the Online Store.
Changes
The Company may amend GTC at any time. The new version will enter into force 30 (thirty) days after the Company has posted it on the website. The version of GTC which is in force at the time of conclusion of the contract applies to the Customer. In cases of changed GTC, it is considered that Customer agreed to a newer version automatically.
Priority
These General Terms and Conditions apply to all older regulations and contracts. Only provisions from individual contracts which still specify the provisions of these General Terms and Conditions shall be subject to these General Terms and Conditions.
Force majeure
If the timely fulfillment of the contract by the Company, its suppliers, or third parties, is impossible due to force majeure such as natural catastrophes or social unrests, the Company shall be exempted from the fulfillment of the concerned duties during the period of force majeure, and it will be given a reasonable start-up time after the end of the period. If the force majeure lasts longer than 30 (thirty) days, the Company can withdraw from the contract, and shall, in that case, reimburse the Customer in full. Claims for damages due to vis major, or any further claims are excluded.
Applicable law and jurisdiction
These GTC are subject to Ukrainian law. In case when no compulsory statutory provisions take place, the court at the domicile of the Company is responsible. The Company may raise a complaint at the defendant’s registered office.
Severability clause
The validity of the GTC shall not be affected should any provision or a supplement to this GTC become invalid. The invalid provision shall be replaced with an effective provision, which is as close as possible to the intended economic purpose of the invalid provision, by the Contracting Parties. This also applies to any contractual gaps.
1.2 PRODUCT LICENSE AGREEMENT
Our unlimited license is a worldwide, non-exclusive, ongoing license sold to the Customer to make use of the purchased logo animation. The Customer is licensed to use the purchased logo animation to create multiple End Products that contain other materials as well.
An End Product (hereinafter “End Product”) is a client’s product larger in scope and different in nature than the logo animation, that includes a logo animation created and purchased from the Online Store. Any End Product made with the purchased logo animation, as well as all videos purchased from the Online Store are subject of this license.
The license includes the right to utilize the logo animation or End Product for private or commercial use, including public broadcast, display, reproduction, and distribution. The logo animation or End Product can be distributed for free.
The End Product or logo animation can be distributed across multiple media, and to an unlimited number of viewers.
The Customer can re-sell the logo animation as a standalone product to a third party for any fee. In case of re-sale, the license is transferred to the third party as well, and the Customer can no longer use the logo animation. If a customer wishes to mass-resell (>100) logo animations, or parts of it, as standalone products to third parties, a written authorization from the Company is needed.
It is prohibited in its entirety to re-distribute or re-sell the logo animation (or parts of it) as a stock template, stock video, stock audio, or stock element, even if the logo animation is modified. Also, the Customer cannot use the logo animation in any application that allows an end-user to customize the logo animation for specific needs, including “on demand” or “do it yourself” applications.
The Customer can modify the purchased logo animation and delete the unwanted components, but cannot extract and use a single component on a stand-alone basis. The Customer must also prohibit a third party to do the same.
The purchased logo animation can be modified or manipulated, to suit the requirements of the End Product, but the resulting work is the subject of this license as well.
Still images extracted from the purchased logo animation cannot be used for merchandising through virtual or physical products, such as calendars, e-cards, and t-shirts.
If the Customer uses some materials or components for the End Product sourced from elsewhere and under different license terms, this license will apply only to the component purchased from the Online Store.
It is the Customer’s duty to obtain the clearance from the intellectual property rights owner when including any audio-visual materials protected by these rights in the End Product.
The Customer cannot claim the service mark or trademark rights over the Intro Video as a standalone product or within the End Product, and must not use the logo animation or End Product in violation of any export laws that apply to him or her.
The purchased logo animation or End Product can only be used for lawful purposes. The Customer must not use them in defamatory, demeaning, or obscene way, or in connection with sensitive subjects.
This license applies in conjunction with GTC. In case of any inconsistency, the license will apply to the extent necessary to resolve the inconsistency.
The license will be terminated if the customer breaches it. If the license is terminated, the Customer must stop using the logo animation or End Product.
The Company retains the ownership over logo animations purchased over the Online Store, but grants the Customer license to use them on these terms.
1.3 LEGAL DISCLAIMER
Persons accessing information on the website https://www.introbrand.com and any sub-page, social media page and blog operated by the Company agree with the following conditions. In addition to these conditions, any special agreements regarding services or products by the Company shall apply.
No liability for completeness and accuracy
All information published on the Online Store and Blog are made available by the Company and are for information purposes and personal use only. They may be changed at any time and without prior notice. The Company is not liable (neither expressly nor impliedly) for the accuracy, completeness and timeliness of the information published on the Online Store and Blog, even though all due care was taken during the collection of sources regarded as trustworthy.
Limitation of liability
The Company accepts no liability for loss or damage of any kind, including direct, indirect or consequential damage that could possibly arise from the use of or access to the Online Store and Blog, or from any links to third-party websites. The Company does not warrant that the individual parts of the Online Store and Blog run flawlessly. Furthermore, the Company is not liable for any manipulation of the website user’s and Customer’s IT systems by unauthorized persons. The Company specifically points out the risk of viruses and the possibility of targeted hacker attacks. In order to prevent viruses, using the latest browser version as well as installing a regularly updated antivirus software is advised. Webpage users and customers should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.
Using the Online Store
All content (design, video, text, audio, music, graphics…) on the Online Store and Blog, and all offered audio-visual products and libraries are protected by copyright. All offered products and individual elements of the Online Store and Blog are the exclusive property of the Company, which is the operator of the Online Store and Blog. It is strictly forbidden to save, download, or print individual content, videos, thumbnails, pages, and/or sections of the Online Store and Blog as a whole or in parts. By saving or reproducing data from the Online Store and Blog, the respective General Terms and Conditions are deemed accepted. All property rights shall remain with the Company. The full or partial replication, modification, transmission (electronically or by other means), linking of the Online Store and Blog is permitted only with the express written authorization of the Company.
It is particularly prohibited to use tools (e.g. Spider, Crawler and other automated tools) designed to systematically and automatically access, index, and/or transmit the Online Store and Blog content. The Company explicitly reserves the right to take action against the responsible parties, and to claim compensation for damages.
Hyper Links
Certain links on the Online Store and Blog lead to third-party websites, which are completely beyond the control of the Company. Accordingly, the Company is not responsible for the accuracy, completeness and legality of the contents on such websites or for any offers and services contained therein.
Kiev - 05.25.2020