Welcome to VisualVFX website (“the Site”). The following are the terms and conditions of use that constitute a legal agreement (hereinafter “the Agreement”) between you and VisualVFX. 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 to this Agreement.
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE SITE OR DOWNLOAD ANY CONTENT. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
Use of the Site
1. 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.
2. Ownership. The Site is owned and operated by VisualVFX. 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 VisualVFX 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 VisualVFX, no portion or element of any of the VisualVFX 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 VisualVFX and/or its licensors and/or content providers unless otherwise expressly agreed.
Membership
3. Age. You need to be 18 years or over to sign-up as a member.
4. 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 VisualVFX of any unauthorized use of your password or account or any other breach of security, (b) defend, indemnify and hold harmless VisualVFX from any loss or damage arising from unauthorized use of your password or account.
5. 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 VisualVFX which enables confirmation of your identity and your intention to terminate.
a. Cancellation of Membership does not relieve you of your responsibilities to pay any amounts due to VisualVFX under this Agreement. VisualVFX'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.
b. 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.
Refunds
6. Based on VisualVFX 100% money back guarantee sales policy, we will offer a refund within 30 days of purchase in the event:
a. the product is not up to the specifications as described in the product page;
b. the product is not of acceptable quality;
c. you are unable to download your purchase.
7. We will assess other refund requests based on their merits. There is no obligation to provide a refund in situations like the following:
a. you have changed your mind about a product;
b. you bought a product by mistake;
c. you do not have sufficient expertise to use the product;
d. you downloaded the effects during the paid period.
8. All refunds will be done using the same payment method used to make the purchase.
9. 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:
a. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
b. publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information;
c. 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;
d. 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;
e. delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
f. falsify the origin or source of software or other material contained in a file that is uploaded;
g. advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters;
h. download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner;
i. use any communications or content or other information obtained through the Site in a manner that is competitive with the Site.
10. 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 VisualVFX 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.
11. Managing content. VisualVFX 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, VisualVFX 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. VisualVFX 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 VisualVFX to determine accepted content is done as a courtesy only.
12. Confidential Information. While using the Site, you may obtain Сonfidential 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 VisualVFX, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Agreement or as required by applicable law.
13. Intellectual Property Infringement Claims. VisualVFX respects the intellectual property of others, and we ask our users to do the same. If you believe that a сontent infringes an intellectual property right, including copyright, please notify VisualVFX at: [email protected].
VisualVFX Representations and Warranties
14. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VisualVFX 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.
b. VisualVFX 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.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VisualVFX OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Indemnification
15. Your Indemnity. You agree to indemnify, defend and hold VisualVFX parties harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees) incurred by any VisualVFX party in connection with: (a) any use or alleged use of the Site under your Account by any person, whether or not authorized by you; (b) or resulting from any communication made or content uploaded under your Account; or (c) any breach by you of this Agreement or your unauthorized use of the Site, the content and/or related rights. VisualVFX 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 VisualVFX's defense of such claim.
Limitations of Liability
16. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SITE IS AT YOUR OWN RISK AND THAT NEITHER VisualVFX 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 VisualVFX 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 VisualVFX’S LIABILITY EXCEED FIFTY ($50.00) US DOLLARS.
17. 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 VisualVFX PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Miscellaneous Provisions
18. No Waiver. No action of VisualVFX, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of VisualVFX 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.
19. Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and VisualVFX with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VisualVFX with respect to the Site.
20. 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.
21. 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 VisualVFX may have against you for breach of this agreement prior to the date of termination shall survive such termination.
22. 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.
23. Interpretation. Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
24. Language of the Terms. Where VisualVFX 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.
25. Changes to Terms. VisualVFX 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.
Acknowledgement
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 VisualVFX, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND VisualVFX RELATING TO THE SUBJECT OF THIS AGREEMENT.
Updated 23 May 2021