Terms and Conditions

These Are the terms and conditions for:


(Hereinafter referred to as vfxDesigner).

By using the software and services, you agree tobe bound by these terms and conditions and our Privacy Policy. Inthese terms, "we", "us", "our" and vfxDesigner refer to vfxDesigner and "you" and “your" refer to you, the vfxDesigner user.

The following terms and conditions apply to theplatform and services offered by vfxDesigner. This includes themobile and tablet versions as well as any other version of vfxDesigner accessiblevia desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFOREUSING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “vfxDesigner” PLATFORM.

1.ELIGIBLITY

You may use thewebsite and purchase the products and services only in compliancewith these terms and all applicable local, state, national, andinternational laws, rules, and regulations.

The use of thesoftware and services are available to all ages. Children under theage of 13 must be supervised and receive appropriate guidance in theuse of our services. It is the responsibility of parents and legalguardians to determine whether any of the content and products areappropriate for their child.

You representand warrant that all registration information you submit is accurateand truthful; and that your use of the software does not violate anyapplicable law or regulation. vfxDesigner may, in its sole discretion, refuse use of the software to any userand change its eligibility criteria at any time. This provision isvoid where prohibited by law and the right to access the software isrevoked in such jurisdictions.

By using thewebsite and software, you represent and warrant that you have thefull right, power and authority to enter into these terms and tofully perform all of your obligations hereunder. You furtherrepresent and warrant that you are under no legal disability orcontractual restriction that prevents you from entering into these terms.

2.ACCOUNT

If you register on vfxDesigner, you will berequired to choose a password and you may be asked for additional information regarding your account. You are responsible formaintaining the confidentiality of your password and accountinformation, and are fully responsible for all activities that occurunder your password or account. You agree to immediately notifyvfxDesigner of any unauthorized use of your password or accountor any other breach of security, and ensure that you log out fromyour account at the end of each session. You may never use anotherUser’s account without prior authorization from vfxDesigner.vfxDesigner will not be liable for any loss or damage arisingfrom your failure to comply with this agreement.

By providing vfxDesigner with your emailaddress you consent to our use of your email addressto send you notices about the service and products, including thoserequired by law. We may also use your email address and to send you notifications and other messages, such as changes toservice features, news, and special offers on our products. If you donot wish to receive these emails, you may opt-out of receiving themby sending us your withdrawal request via the contact information orby using the "unsubscribe" option in the emails or mobilenotifications. Opting out may prevent you from receiving emails aboutupdates, news or offers.

Users may cancel their accounts at any time andfor any reason by following the instructions on the platform or bysending us their request through our contact information. Thattermination will only result in the deletion of the account and thedeletion of all the personal data granted to vfxDesigner.

vfxDesigner reserves the right to terminateyour account or your access immediately, with or without notice toyou, and without liability to you, if vfxDesigner believes thatyou have breached any of these terms, furnished vfxDesigner withfalse or misleading information, or interfered with use of theplatform or the service by others.

3. PLANS

The use of the software will be available through payment plans forperiods of 6 months and 12 months. When a user places an order for aplan, the user agrees and declares to purchase the plan for the priceadvertised on the website. Please check the price and features ofplans before placing an order.

When a user places an order, vfxDesigner willsend an email for confirmation. This confirmation email will beproduced automatically so that the user has confirmation of paymentand initiation of the plan. If you do not receive the email, it ispossible that the email has been sent to your spam folder.

vfxDesigner may cancel any sales andnot provide plans and may change or discontinue the availability ofplans at any time in its sole discretion. If a purchase is cancelled,any payment made for the plan will be refunded in full. This does notaffect your statutory rights.

Plans may include automatic recurring payments. You authorize vfxDesigner to renew your plan and tocharge you periodically and progressively. The plan billing date isthe date you make your first payment. Your account will beautomatically charged on the plan billing date with all applicablefees for the next plan period. The plan will continue until youcancel your plan or we terminate it. You must cancel your plan beforeit renews to avoid the next billing period. We will bill the monthlyplan fee to the payment method you provide during the plan purchase.

Plans will automatically renew for an additional period unlesscancelled prior to the next payment. Canceled plans will immediatelylose access to the paid features of the software.

4. PAYMENTS

Plans will be paid through PayPal (paymentplatform available on vfxDesigner). Plans will be activated uponcompletion of the payment and registration process. Payment will becharged to your credit/debit card immediately after placing the orderfor the plan you have purchased. Once the transaction has beenprocessed, we will send you an electronic receipt of the transactionto the email address you provide.

If you find any inconsistency in your billing,please contact us through our contact information or you can make theclaim through the customer service of the corresponding paymentplatform.

If your card is declined, you will receive anerror message. No payment will be charged to your card and no orderwill be processed. There may be a pending transaction on your accountuntil your card issuing bank withdraws the authorization. Thisusually takes 2 to 5 business days. Your card may be declined forvarious reasons such as insufficient funds, AVS (Address VerificationSystem) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide analternative payment method or provide another card where payment canbe charged and processed.

Your payment information will be treated andsafeguarded securely and for the sole purpose of processing thepurchase of plans. vfxDesigner reserves the right to contract anypayment platform available on the market, which treats your data forthe sole purpose of processing the purchase of plans.


5.COPYRIGHT

All materials on vfxDesigner, including,without limitation, names, logos, trademarks, images, text, columns,graphics, videos, photographs, illustrations, artwork, software andother elements are protected by copyrights, trademarks and/or otherintellectual property rights owned and controlled by vfxDesigneror by third parties that have licensed or otherwise provided theirmaterial to the website. You acknowledge and agree that all Materialson vfxDesigner are made available for limited, non-commercial,personal use only. Except as specifically provided herein. Nomaterial may be copied, reproduced, republished, sold, downloaded,posted, transmitted, or distributed in any way, or otherwise used forany purpose, by any person or entity, without vfxDesigner priorexpress written permission. You may not add, delete, distort, orotherwise modify the material. Any unauthorized attempt to modify anymaterial, to defeat or circumvent any security features, or toutilize vfxDesigner or any part of the material for any purposeother than its intended purposes is strictly prohibited. Please donot copy any content and pass it off as your own, as a copyrightinfringement will occur.

6. COPYRIGHT INFRINGEMENT (DigitalMillennium Copyright Act)

vfxDesigner will respond to all inquiries,complaints and claims regarding alleged infringement for failure tocomply with or violation of the provisions contained in the DigitalMillennium Copyright Act. vfxDesigner respects the intellectualproperty of others, and expects users to do the same.If youbelieve, in good faith, that any material provided on or inconnection with the "vfxDesigner" website infringesyour copyright or other intellectual property right, please send usyour copyright infringement request pursuant to Section 512 of theDigital Millennium Copyright Act, via our contact information, withthe following information:

  • Identification of the intellectual property rightthat is allegedly infringed. All relevant registration numbers or astatement regarding ownership of the work should be included.

  • A statement that specifically identifies thelocation of the infringing material, in sufficient detail so thatvfxDesigner can find it on the "vfxDesigner"website.Note that providing a top-level URL is not sufficient.

  • Your name, address, and emailaddress.

  • A statement by you that you have a good faithbelief that the use of the allegedly infringing material is notauthorized by the copyright owner, or its agents, or by law.

  • A statement by you, made under penalty ofperjury, that the information in your notification is accurate, andthat you are the copyright owner or authorized to act on its behalf.

  • An electronic or physical signature of thecopyright owner or of the person authorized to act on the copyright owner's behalf.

7.SOFTWARE DISCLAIMER

vfxDesignerwill not accept any liability for any loss or damage, includingwithout limitation, any loss of profit, which may arise directly orindirectly from the use of the software offered by vfxDesigner.By using and installing the software offered by vfxDesigner, youaccept personal responsibility for the results of your actions usingthe software. You agree to assume full responsibility for any damagesyou suffer as a result of using the software provided byvfxDesigner. The correct use of the software provided byvfxDesigner is at your own risk and responsibility.vfxDesigner does not accept claims from third parties for the useor misuse of the software by our users.



8. SOFTWARE USE LICENSES

vfxDesigner gives you a personal, worldwide,royalty-free, non-assignable and non-exclusive license to use thesoftware provided to you by vfxDesigner as part of the services.This license is for the sole purpose of enabling you to use and enjoythe benefit of the services as provided by vfxDesigner, in themanner permitted by these terms. You may not copy, modify,distribute, sell, or lease any part of our services or includedsoftware, nor may you reverse engineer or attempt to extract thesource code of that software, unless laws prohibit those restrictionsor you have our written permission. The user agrees not to use thesoftware and the services negligently, for fraudulent purposes or inan unlawful manner. Likewise, the user agrees not to partake in anyconduct or action that could damage the image, interests or rights ofthe vfxDesigner software or third parties.


Please do not use copyrighted material in oursoftware. If you do use copyrighted material, please obtain thenecessary licenses to use such material. vfxDesigner is notresponsible for the use of copyrighted material through our softwarenor is it responsible for any legal complications that may resultfrom the violation of copyrighted material used through our software.The use of material you upload and use through our software is atyour own risk and responsibility. In the event of any claim by anythird party as a result of the use of copyrighted material yourepresent and agree to defend and indemnify vfxDesigner.


vfxDesignerreserves the right to terminate your access immediately, with orwithout notice, and without liability to you, if vfxDesignerbelieves that you have violated any of these terms or interfered withthe use of the software or service by others.

9.USER CONTENT

Certainfeatures of the software may allow users to upload or provide contentto vfxDesigner, which may consist of messages, images, videos,text and other content. You retain any copyrights you may have in thecontent you provide to vfxDesigner through the software.vfxDesigner is not responsible for the accuracy, safety orlegality of the user content you provide through the software andservices. Users are solely and exclusively responsible for theircontent and the consequences of providing or posting their content.By providing user content through the service, you grantvfxDesigner a worldwide, non-exclusive, fully paid-up right andlicense to host, store, transfer, display, perform, reproduce,publish, modify and display your content through the Website andServices.

10. USER CONTENT REPRESENTATIONS AND WARRANTIES

vfxDesignerdisclaims any and all liability in connection with user content. Youare solely responsible for your user content and the consequences ofproviding user content via the service. By providing user content viathe service, you affirm, represent, and warrant that:

a)You are the creator and owner of the user content, or have thenecessary licenses, rights, consents, and permissions to authorizevfxDesigner and users of the service to use and distribute youruser content as necessary to exercise the licenses granted by you inthis section, in the manner contemplated by vfxDesigner, theservice, and these Terms.

b)Your user content, and the use of your user content as contemplatedby these Terms, does not and will not: (i) infringe, violate, ormisappropriate any third party right, including any copyright,trademark, patent, trade secret, moral right, privacy right, right ofpublicity, or any other intellectual property or proprietary right;(ii) slander, defame, libel, or invade the right of privacy,publicity or other property rights of any other person; or (iii)causevfxDesigner to violate any law or regulation.

c)Your user content could not be deemed by a reasonable person to beobjectionable, profane, indecent, pornographic, harassing,threatening, embarrassing, hateful, or otherwise inappropriate.

d)Your user content does not and will not contain hateful content, athreat of physical harm, or harassment.

11.USER CONTENT DISCLAIMER

vfxDesignermay, at any time and without prior notice, screen, remove, edit, orblock any user content that in our sole judgment violates these Termsor is otherwise objectionable. You understand that when using theservice, you will be exposed to user content from a variety ofsources and acknowledge that user content may be inaccurate,offensive, indecent, or objectionable. You agree to waive, and dowaive, any legal or equitable right or remedy you have or may haveagainst vfxDesigner with respect to user content. If notified bya user or content owner that user content allegedly does not conformto these Terms, we may investigate the allegation and determine inour sole discretion whether to remove the user content, which wereserve the right to do at any time and without notice. For clarity,vfxDesigner does not permit copyright-infringing activities onthe service.

Youacknowledge and agree that vfxDesigner reserves the right to, andmay from time to time, monitor any and all information transmitted orreceived through the service for operational and other purposes. Ifat any time vfxDesigner chooses to monitor the content,vfxDesigner still assumes no responsibility or liability forcontent or any loss or damage incurred as a result of the use ofcontent. During monitoring, information may be examined, recorded,copied, and used in accordance with our Privacy Policy.

12. vfxDesigner RESPONSIBILITIES

Becauseof the nature of the Internet, vfxDesigner providesand maintains  thewebsite   onan "as is", "as available" basis and makes nopromise that use of  the website will be uninterrupted or entirely error free. We are notresponsible to you if we are unable to provide our Internet servicesfor any reason beyond our control.

Ourwebsite may from time to time contain links to other websites whichare not under the control of and are not maintained by us. Theselinks are provided for your convenience only and we are notresponsible for the content of those sites.

Exceptas provided above we can give no other warranties, conditions orother terms, express or implied, statutory or otherwise and all suchterms are hereby excluded to the maximum extent permitted by law.

Youwill be responsible for any breach of these terms by you and if youuse  thewebsite   inbreach of these terms you will be liable to and will reimburse, vfxDesigner forany loss or damage caused as a result.

Theseterms above shall not limit any rights you might have as a consumerthat may not be excluded under applicable law nor shall they excludeor limit vfxDesigner liabilityfor death or personal injury resulting from its negligence nor anyfraudulent representation.

vfxDesigner willnot be liable in any amount for failure to perform any obligationunder this agreement if such failure is caused by the occurrence ofany unforeseen event beyond its reasonable control including withoutlimitation Internet outages, communications outages, fire, flood, waror act of God.

Theseterms do not affect your statutory rights as a consumer which areavailable to you.

Subjectas aforesaid, to the maximum extent permitted by law, vfxDesigner excludesliability for any loss or damage of any kind howsoever arising,including without limitation any direct, indirect or consequentialloss whether or not such arises out of any problem you notify to vfxDesigner and vfxDesigner shallhave no liability to pay any money by way of compensation, includingwithout limitation all liability in relation to:

  • Any incorrect or inaccurate information on  vfxDesigner website.

  • The infringement by any person of any Intellectual Property Rightsof any third party caused by their use of  thewebsite   or any Product purchasedthrough  the   website.

  • Any loss or damage resulting from your use or the inability to usethe web site or resulting from unauthorized access to, oralteration of your transmissions or data in circumstances which arebeyond our control.

  • Any loss of profit, wasted expenditure, corruption or destruction ofdata or any other loss which does not directly result from somethingwe have done wrong.

  • Any amount or kind of loss or damage due to viruses or othermalicious software that may infect a user's computer equipment,software, data or other property caused by persons accessing orusing content from  thewebsite , or from transmissions via emails or attachmentsreceived from  vfxDesigner .

  • All representations, warranties, conditions and other terms whichbut for this notice would have effect.

13.PROHIBITED ACTIVITIES

Thecontent and information available on the website (including, but notlimited to, data, information, text, music, sound, photos, graphics,video, maps, icons, or other material), as well as the infrastructureused to provide such content and information, are owned by orlicensed to vfxDesigner by third parties. For all content otherthan your content, you agree not to modify, copy, distribute,transmit, display, perform, reproduce, publish, license, createderivative works from, transfer, or sell or resell any information orservices obtained from or through the website. In addition, you agreenot to do so:

  1. Usethe services or content for any commercial purpose, other than thosecommercial purposes explicitly permitted under this agreement and asprovided by vfxDesigner;

  2. Access,monitor, reproduce, distribute, transmit, disseminate, display,sell, license, copy or otherwise exploit any content of the site,including, without limitation, using any robot, spider, scraper orother automated means or any manual process for any purpose that isnot in accordance with this agreement or without our express writtenpermission;

  3. Takeany action that imposes, or may impose, in our sole discretion, anunreasonable or disproportionately large load on our infrastructure;

  4. Deep-linkto any part of the Website for any purpose without our expresswritten permission;

  5. Attemptto modify, translate, adapt, edit, decompile, disassemble or reverseengineer any software used by vfxDesigner in connection with thesite;

  6. Evade,disable or otherwise interfere with security-related features of thesite or features that prevent or restrict use or copying of anycontent;


14. THIRD PARTY WEBSITES

Through your use of the vfxDesigner services you may encounterlinks to third party sites or be able to interact with third partysites. Such third parties may charge a fee for use of certain contentor services provided on or by way of their websites. Therefore, youshould make whatever investigation you feel is necessary orappropriate before proceeding with any transaction with any thirdparty to determine whether a charge will be incurred. WherevfxDesigner provide details of fees or charges for suchthird-party content or services, such information is provided forconvenience and information purposes only. Any interactions withthird party sites and apps are at your own risk. You expresslyacknowledge and agree that vfxDesigner are in no way responsibleor liable for any such third-party sites.



15. INDEMNIFICATION

You agree to defend and indemnify vfxDesigner and any of theirdirectors, employees and agents from and against any claims, causesof action, demands, recoveries, losses, damages, fines, penalties orother costs or expenses of any kind or nature including but notlimited to reasonable legal and accounting fees, brought by thirdparties as a result of:

  • Your breach of this Agreement or the documents referenced herein.

  • Your violation of any law or the rights of a third party.

  • Your use of the software

16. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by vfxDesigner for failed,partial or garbled computer transmissions, for any computer,telephone, cable, network, electronic or internet hardware orsoftware malfunctions, failures, connections, availability, for theacts or omissions of any service provider, internet accessibility oravailability or for traffic congestion or unauthorized human act,including any errors or mistakes.


17. CHANGES AND TERMINATION

We may change the website and these Terms at any time, in our solediscretion and without notice to you. You are responsible forremaining knowledgeable about these Terms. Your continued use of thewebsite constitutes your acceptance of any changes to these Terms andany changes will supersede all previous versions of the Terms. Unlessotherwise specified herein, all changes to these Terms apply to allusers take effect. Furthermore, we may terminate this agreement withyou under these Terms at any time by notifying you in writing(including by email) or without any warning.


18. PERSONAL DATA

Any personal information you post on or otherwise submit inconnection with the purchase of products will be used in accordancewith our Privacy Policy. Please refer to our Privacy Policy.


23. ASSIGNMENT

This agreement and any rights and licenses granted hereunder, may notbe transferred or assigned by you, but may be assigned byvfxDesigner without restriction.


19. INTEGRATION CLAUSE

This Agreement together with the Privacy Policy and any other legalnotices published by vfxDesigner, shall constitute the entireagreement between you and vfxDesigner concerning and governs youruse of the website.



21. DISPUTES

Theuser agrees that any dispute, claim or controversy arising out of orrelating to these terms and conditions, or the breach, termination,enforcement, interpretation or validity thereof or the use of theplatform, shall be resolved by binding arbitration between the userand vfxDesigner, provided that each party retains the right tobring an individual action in a court of competent jurisdiction.

Inthe event a dispute arises in connection with the products andservices offered through the platform or the breach of these termsand conditions, the parties agree to submit their dispute toarbitration resolution before a reputable arbitration organization asmutually agreed by the parties and in accordance with applicablecommercial arbitration rules.

Youagree to initiate a formal dispute proceeding by sending us acommunication through our contact information. vfxDesigner maychoose to send you a written offer after receiving your initialcommunication. If we offer and send you a settlement offer and you donot accept the offer, or we are unable to resolve your disputesatisfactorily and you wish to continue with the dispute process, youmust initiate the dispute resolution process before an accreditedarbitration organization and file a separate Demand for Arbitration.Any award rendered by the arbitration tribunal shall be final andconclusive on the parties.

Tothe fullest extent permitted by law, you agree that you will notfile, join or participate in any class action lawsuit in connectionwith any claim, dispute or controversy that may arise in connectionwith your use of the Platform.


22. FINAL PROVISIONS

These terms and conditions are governed by the laws of Germany andthe European Union. Use of our website is unauthorized in anyjurisdiction that does not give effect to all provisions of theseTerms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legalprocess, and nothing contained in these Terms limits our right tocomply with law enforcement or other governmental or legal requestsor requirements relating to your use of our website or informationprovided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal orunenforceable, the validity, legality and enforceability of theremaining provisions will not in any way be affected or impaired. Ourfailure or delay in enforcing any provision of these Terms at anytime does not waive our right to enforce the same or any otherprovision(s) hereof in the future.

Any rights not expressly granted herein are reserved.


23. CONTACT INFORMATION

If you have questions or concerns about theseTerms or the products, please contact us through our contact page orvia the contact information below:

vfxDesigner.
E-Mail: contact page