Terms And Conditions Of Use

The Explainer Company

Registered under the legal name VideoPlasty SRL

This Agreement governs the terms of use for the TheExplainerCompany.com site (“the Site”). Information regarding the rights and licenses on the usage of our digital assets shall be found in the License Agreement.

This Site is owned and operated by VIDEOPLASTY SRL (“the Company”). Access to all Site files and functions is given to the user on the condition that he/she accepts and agrees with the Terms of Use of the Site (“the Terms”). Use of the Site indicates the user’s consent with the present terms and conditions. If the user does not agree with the current Terms, the Company will be unable to provide to such user any of its products and/or services.

The Company retains the right to revise and change the Terms of Use at any time. The user has the responsibility to fully and carefully read the Terms before the purchase of our products and/or services, as he/she will be asked to do so , so as to make an informed decision on whether or not to enter into a binding contract with the Company.

The present Terms also govern the use of the Site whether the user enters into a binding agreement with the Company or not. As such, users are strongly advised to carefully review the present Terms, which are easily made available on the Site.

The user has no right to interfere in the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. The user agrees to use the Site entirely within the lawful and intended limits.

1. INTELLECTUAL PROPERTY

All of the Site assets, such as but not limited to its digital assets or the Site itself, are the property of the Company, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.

For the purpose of clarity, in the event of exceptional cases in which there is an absence of a separate written agreement with the Company (such as a License Agreement), unconditioned use of the digital assets offered by the Company without express and written permission of the Company is prohibited.

Digital assets purchased from the Company through its Site, may not be copied and/or distributed and are to be used only by the user that holds a License Agreement. Also, it is forbidden to change the digital assets in any way (for example, to delete or hide copyright marks, if such are attached). The user has no right to create derivative works from the digital assets offered by the Company or to use such in a manner different from the one intended by the Company upon the selling of such digital assets.

2. CONFIDENTIALITY

The Company respects the confidentiality of the private and personal information of all cooperating parties. For more information about the procedure of collection, use, and disclosure of the user’s confidential information, please refer to our Privacy Policy, which you can find here. The user has the responsibility to become familiar with this document, as well as all other legal documents, all of which are put at the disposal of the user by the Company.

3. SITE UPDATES

The Company regularly updates its Site, digital assets, legal documents, and so on. Nevertheless, the Company makes no claim guaranteeing the full completeness, accuracy, and compliance of the information given on the Site. The Company is able to add, review or delete information, resources, and services posted on the Site in a manner that does not infringe upon the legal rights of users, also and any such change can be made without prior notice.

4. LINKS TO OTHER SITES AND MENTIONS OF

THIRD PARTIES

Third-party sites

The user might find links to third-party sites on the Site. Such links are provided solely for the user’s convenience. Their presence does not mean that they are recommended nor endorsed by the Company nor that the Company has any collaboration or derives any benefit of a financial nature or otherwise from such linking or that Company receives endorsement at its turn. Also, the Company does not warrant their safety and accordance with the user’s expectations, nor their compliance with legal obligations. The Company shall not bear any liability in case of any damages or losses, direct or implicit, due to a user visiting a third-party site originating from the Site, or to the use of services available from third-party sites. If the user decides to visit a third-party site and make use of its services and/or products he/she is advised to consult the legal documents provided by the respective third-party site as the legal documents of the Company, and thus their privileges and guarantees will not apply.

Mentions of third parties

Any brand, logo, name, software, trademark, and in general any mention of a party that is not The Company belong to said third party. Such mentions cannot be construed as meaning that the respective third party has endorsed and/or recommended the Company in any way, shape, or form unless expressly stated.

Recaptcha

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

5. SOFTWARE AND COMPUTER VIRUSES

Exceptionally, site failures may happen due to Internet connection, software operation, data transmission, and so on and it is possible that incorrect or incomplete copy of the information contained in the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.

The Company is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the user’s review of the Site, the access to any information on the Site, the downloading of any files from the Site or the purchase of any of the Company’s digital assets. The Company strongly encourages the use of anti-virus software or other protective programs during interaction with all websites, including the Site.

6. WEBSITE AND FILE FORMAT “AS IS”

The Site content and the Site itself are provided for review and use without any personal interference from the side of the Site holder (except pre-moderation if the case may be), conditions, and warranties of any kind expressed or implied. These warranties include conditions and warranties of merchantability. The Company does not guarantee that the Site content, its work, or the Site as a whole will meet the expectations and requirements of the user, nor that the process of its usage will be faultless and without interruption for reason.

7. LIABILITY LIMITATION

The user confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Site without limitations.

The Company and if the case may be, its employees, management, partners, shareholders or stakeholders, and agents do not bear responsibility for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, petitions, actions or other events occurring due to validity of these Terms of Use, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights including even in the event the Company was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.

The total aggregate liability of the Company in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed ten EURO 10.00.

8. INDEMNIFICATION

Consenting to the terms of this Agreement, the user agrees to indemnify, defend and hold the Company, its affiliates, its content contributors, and their respective directors, officers, employees, shareholders, partners, and agents (collectively, the “Company Parties”) harmless from and against all claims, liability, losses, damages, costs, and expenses (including reasonable legal fees) incurred by any Company Party as a result of, or in connection with, any breach or alleged breach by the user or anyone acting on the user’s behalf of any of the terms of this Agreement.

9. PURCHASING OUR DIGITAL ASSETS

The use of our digital assets is governed by our License Agreement, which you can find here, as well as in our posted legal documents. Please consult the License Agreement before purchase.

Special clarification is due in regards to a purchaser that acts as a representative of a natural person or of a legal entity. As such, purchasing our digital assets will result in the issuance by the Company of a License Agreement, the holder of which, bearing an accurate description of the relationship between the representative and the representee, is the representee.

The accurate description of the relationship between a representative and a representee is the sole responsibility of the person entering these details, as described above, thus the Company bears no liability if the license agreement is issued wrongly, but in accordance with the details provided.

After successfully completing your order, the digital assets that are part of your order will be instantly available for download on the order confirmation page, in your “My Account” section and emailed to the email address you provided. This may take up to 1 hour but usually happens within seconds. If you do not receive an email after this time period, contact us at [email protected].

Contributors are free to change their minds and remove products from our catalog at any given time, without any prior notice to customers who have already purchased them. In order to avoid such a situation, you are advised to download your digital assets as soon as you purchase them.

We ask you to provide us your contact details on checkout. These details MUST be accurate or your license is invalid. Our piracy team compares the use of our digital assets against domain WHOIS and other data. If we/you can’t validate your license you will be liable for damages of all and any nature permitted by applicable law. Be advised that, if we conclude illegal use of our digital assets, whereas such illegal use derives from a lack of a License Agreement or of using the digital asset outside of the scope of the License Agreement or any other illegal use, we shall proceed with taking up legal action against you.

Unless there is a technical defect with your purchased file, please understand that we are unable to guarantee a refund because we provide you with immediate access to download your purchase. Due to the fact that digital files are impossible to “return”, it is unlikely we will offer a refund unless there is an exceptional situation, which we will handle at our discretion. Please consult our Refund Policy for more details.

By agreeing to the Terms when you make a purchase, you agree to lose your right of withdrawal as soon as you start downloading any of our digital assets, as per Article 16, letter m of Directive 2011/83/EU on consumer rights, which you can find here.

By using the site, you represent and warrant that all information submitted is true, complete, and accurate. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the platform.

10. REFUND POLICY

Overview of the policy

As a European company, we comply with EU legislation regarding refunds, which you can find here:

https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm

The products that the Company sells on its Site are digital goods and cannot be “returned”, so your entitlement to a refund is designed with this in mind. Of course, in addition to these rules, each country has its own laws surrounding refunds, and these local laws are not excluded if they apply to you.

If you have made a mistake while placing your order and thus ordered the wrong digital asset you may contact us at [email protected]. Please be advised that we will treat such cases at our discretion and we do not guarantee a refund.

Item is “not as described” or the item doesn’t work the way it should.

If an item doesn’t work the way it should then we are required to promptly fix the issue by updating the item. An item is “not as described” if it is materially different from the item description or preview. If the issue can’t be fixed or it turns out that the item is ‘not as described’ then you will be entitled to a refund from us.

This, however, is highly unlikely, as we manually review each and every item uploaded to the Site with strict quality guidelines. Also, due to the nature of our products, what you see in the preview is what you get in your download, so it is extremely unlikely that there would ever be a difference between the two.

You were unable to download the digital asset

Exceptionally, there may be cases when an error or such takes place and you might be unable to download the item that you purchased. In such cases, you are not entitled to a refund but you are entitled to be able to download the item order. Should such a problem occur, please contact us at [email protected] shall deal with the issue by resending you the downloading link as soon as possible but no later than 3 business days.

Invalid reasons for refund

Neither VideoPlasty nor contributors are obliged to give policy refunds in any of the situations listed below:

You don’t want it after you’ve downloaded it.
The item did not meet your expectations or you feel the item is of low quality.
You simply changed your mind.
You purchased an item by mistake.
You do not have sufficient expertise to use the item.
You cannot open or use the specific file format of the product on your machine due to a lack of codecs, software, or any other situation (the file format of each product is clearly stated on each product page.
You claim that you are entitled to a refund, but do not fall under any of the cases expressly stated in the present Terms that would qualify you for a refund.
You can no longer access the item because it has been removed or the contributor who previously provided the item is no longer active on our platform (we advise you to download items as soon as you have purchased them to avoid this situation).

11. PROCEDURE OF NOTIFICATION AND PRESENTATION OF INFRINGEMENT CLAIMS

The Company respects intellectual property laws and requires of all users to follow the same principles. In the event the user believes his/her intellectual property has been copied and used in violation of his/her rights or user’s intellectual property rights have been breached otherwise, he/she should submit a written communication to the Company including the following information:

Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question.
Description of the work or other kind of intellectual property belonging to the owner that the user claims has been breached.
Description of the place at the Site where this material was placed.
The e-mail address, phone number, and physical address of the user.
The user’s application including a reasonable supposition that the disputed usage is not allowed by the law or copyright owner.
A statement corresponding to one made under oath that the information presented by the User is reliable and correct and that a statement author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.

The letter containing all of the above data should be addressed to the CEO of the Company and shall be sent by email at [email protected].

12. ADVERTISING

The Company reserves the right to use your company or university’s logo and/or name to showcase a list of our clients, exclusively on our homepage only, with the scope of advertising who have either purchased anything from us or downloaded one of our free assets using an email account from a particularly well-known company and/or any other type of legal entity using such an entity’s web domain name (ie: [email protected]). All product names, logos, and brands are the property of their respective owners and the Company does not claim to benefit from any endorsement from such legal entities nor do we claim to be recommended by them, unless expressly stated.

We guarantee that any advertising we may do as described above will be in full compliance with our Privacy Policy and applicable law, we will not, under any circumstance, post the natural person’s email address, name, or any other identifiable data.

The legal entities that own the names, logos, and brands are welcomed to email us at [email protected] if they oppose our use of their names, logos, and brands in our advertising endeavors. In the event of a written opposition by the owner, we will swiftly delete such names, logos, and brands.

13. APPLICABLE LAW

The validity, interpretation and enforcement of these Terms, matters arising out of or related to performance or breach of these Terms, and related matters shall be governed by the internal laws of Romania (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Terms of Use, matters arising out of or related to performance or breach of this Terms of Use, and related matters, shall be submitted exclusively to the courts of Bucharest, Romania. All parties consent to the exclusive jurisdiction of these courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these Terms.

14. GENERAL PROVISIONS

The Company’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms cannot be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms can be fulfilled partially or in full.

15. CONTACT

For any questions in connection with the provisions of this document, please contact the Company using the contact information below.

Contact information:

E-mail: [email protected].

16. ACKNOWLEDGEMENT

In accepting this agreement, the user acknowledges that the user has read this agreement, understands it, and has had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of the company agreeing to provide the content, user agrees to be bound by the terms and conditions of this agreement and by all other applicable company policies, which can all the found under the section “legal documents” here. User further agrees that this is the complete and exclusive statement of the agreement between user and the company, which supersedes any proposal or prior agreement, oral or written, and any other communication between user and the company relating to the subject of this agreement.