Terms of use

Updated: November 12, 2019

These Terms of Use govern your use of our website https://motiondesign.school (“Website”) and all applicable services, software, applications, content or any materials provided to you through any of our application and Website - collectively our “Services”.

Before any using any of our Services please read this Terms of Use carefully. By using our Services, including any content or any materials, video-courses and/or masterclasses (“Courses”) on the Website, or performing any activity in our Website, you signify your agreement to comply with these Terms of Use, all applicable laws, and regulations of the Governing law as defined below, copyright laws and your local laws (if applicable). If you do not agree to these Terms of Use, please do not use our Services.

GENERAL INFORMATION

Website is a product of Motion Design School Company, a Delaware Corporation ("School", “Company”, "we", "us", "our"). We are the marketplace of video-courses and masterclasses of motion design and related subjects and associated digital assets.

We also provide you with details regarding our processing of your personal data in our Privacy Policy. If you do not agree with any of these Terms or our Privacy Policy., you are prohibited from using or accessing the Website or using any of our Services.

PROPRIETARY RIGHTS AND LICENSES

All rights, titles, and interests in and to the Services including but not limited to Website, Courses, trademarks, copyrighted content, associated services, text, information, documentation, illustrations, graphics, photos, images, software, technology, application, code, scripts, sounds, music, videos, and interactive features, and the content our employees, contractors or partners submit or provide you with, are and will remain the exclusive intellectual property of the Company and its licensors, and are and will be protected by copyright, trademark, and other laws of both the United States and foreign countries including your local applicable laws. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service content.

Any rights not expressly granted in these Terms of Use are expressly reserved.

The Company grants you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use our Services for your personal, noncommercial purposes in strict accordance with these Terms of Use, restrictions associated with a particular Course, and all applicable laws including copyright law. All other uses are expressly prohibited.

Under this license you may NOT:

  • Use the Services including all associated content and materials for any commercial purpose, or for any public display or public performance (commercial or non-commercial);
  • Modify, copy, duplicate, reproduce, broadcast, distribute, decompile, disassemble, reverse engineer, adapt, edit, create derivative works, publish, translate the Services including all associated content and materials;
  • Transmit, assign, sell, rent, lease, share, lend, sublicense, or otherwise transfer or use any Services including all associated content and materials;
  • Remove, alter, cover or distort any copyright, trademark or other proprietary notations from the Services including all associated content and materials.

In certain instances, we may directly permit you to download, install or print some content or materials. In such a case, you may do so only in the manner authorized and for your individual non-commercial use only.

You agree and understand that the licensed materials may not be available for you on the Website all the time due to technical, legal or other reasons and that is why our license to the Services is limited to the time of our feasibility to provide you with access to the Services including all associated content and materials.

We reserve the right at our sole discretion to revoke any license to access and use Services including all associated content and materials at any point in time in the event where we decide or are obligated to disable access to Services including all associated content and materials and take other actions against you due to legal reasons, or this Terms reasons, for example, if you violate any of restrictions of this Terms, or your behavior regarding our Services is abusive (for example you purchase Services and refund multiple times, or attempt to refund over the refund period), or you otherwise abuse of this Terms and other Company's legal policies, or you infringe or you are being suspected of infringing the copyrights, or other intellectual property rights, of the School or of the third-parties.

Upon terminating your enrollment, or access, or other engagement to the Services, or upon the termination of your license, you must delete and remove any of our Services including all content and associated materials (Courses, etc.) in your possession whether in all and any formats.

The license to Services stipulated in these Terms of Use is not applicable and does not give access to all other products and services of the Company.

You are restricted also to :

  • collect any personal data from our facilities;
  • take part in the collective purchase of our Services;
  • interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any Website or other Services including content and associated materials;
  • infringe the copyrights (or other intellectual property rights) of the Company and/or the others;
  • use our Services for or during any illegal or abusive activity;
  • encourage behavior that violates any laws, or impersonate another user, person, or entity, or engage in any conduct that restricts or inhibits any other user from using our Services;
  • violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
  • not cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

COPYRIGHT POLICY

In our sole discretion, we reserve the right to remove or disable access to any content or material claimed to be infringing or to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

SERVICES

We provide you with our Services including, without limitation, user support, Service content and associated materials for entertainment and/or promotional purposes only. The Services are provided 'as is'.

We are not and will not be liable for any loss or damage caused by your reliance on our Services including user support, Service content and associated materials.

Our Services may include certain content of a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services.

When you enroll to a Course, in certain cases we may render you Course provider`s support associated with this Course (if applicable). Not every Course is supported by a Course provider`s support. We do our best to collaborate with top-notch Course providers throughout the world to provide you with the up to date content.

For more information whether the specific Course is provided with the Course-provider`s support please apply to the relevant Website`s enrollment page of such Course.

Our Services regarding to a user`s mastering of any enrolled Course are limited in time for a three-months period from the Course enrollment date if a shorter term is not stated on the Website`s enrollment page of such Course. After expiration of this time period the School shall not provide you with any Service regarding your use of such enrolled Course.

THIRD-PARTY LINKS

Our Services may include hyperlinks to other websites that are not owned or controlled by us. We do not have control over, operate, and assume no responsibility for the content, privacy policies, terms of use, or practices of any third-party websites.

You acknowledge and agree that we are not responsible for the availability of any third-party websites or resources, and we do not endorse any advertising, content, service or other materials on or available from such websites or resources.

We are not responsible for any content posted on third-party websites or liable to you for any loss or damage which may be incurred by you as a result of the availability of those external websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, service or other materials on, or available from, such websites or resources.

Please be aware when you leave our Website to read carefully the terms of use and privacy policies of third-party websites or applications that you visit.

DISCLAIMER

Our Services are provided 'as is' and on 'as available' basis. You use and purchase our Services at your own risk.

We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions concerning:

  • fitness for a particular purpose or usefulness of Services;
  • that our Services will meet your requirement;
  • non-infringement of intellectual property or other violation of rights;
  • accuracy, reliability, availability, likely results, timeliness, security, reliability or informational content of our Services or Service Content;
  • services or goods received through or advertised or accessed through our Services;
  • that errors in our Services or Service Content will be corrected.

LIMITATION OF LIABILITY

In no event the Company will be liable for any indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), including, without limitation, damages for loss of data or profit and savings, loss of programs or information, loss of business profits, or due to business interruption, or any other damages arising out of the unavailability, use, reliance on, inability to use or improper use of the Services, or arising out of, relating to, or in any way connected with our Services or these Terms.

If you are not satisfied with our Services your sole remedy is to stop using our Services.

Such limitation shall apply with respect to damages incurred by reason of goods received through or advertised in connection with our Services or hyperlinks placed in our Services.

Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party using our Services.

Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of the Company and its officers, directors, employees, contractors, parents, successors, agents, partners, affiliates, subsidiaries and their related companies exceed the lesser of the total payment received from you by us during the preceding twelve (12) month period or $100.

You agree that any cause of action related to our Services must commence within one (1) year after cause action accrues.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, contractors, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your engagement with our Services (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

REVISIONS AND ERRATA

Our Services including associated content and materials appearing may include technical, typographical, or photographic errors. The Company does not warrant that any of content or materials are accurate, complete, or current. We may make changes to the Services including associated content and materials at any time without notice. The Company does not, however, make any commitment to update the content or materials.

PAYMENTS

General Payment Terms. We use Shopify Inc`s online e-commerce platform to provide you with our Courses including all associated paid services (if applicable). You agree to pay the applicable fees as they become due. We may offer some of our Courses or certain portions of our Services at no charge and others for a one-time royalty-free fee, on a subscription basis or under any other lawful pricing structure depending on the options available for you during the purchase procedure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services.

By enrolling in a Course you hereby agree to our payment terms. To purchase a license you must have a current valid accepted payment method as to be indicated during the payment process. As we use different payment methods and third-party payment processors we do not access nor collect, nor process, or store your financial information. You agree to provide us, storing and accessing your customer information and billing address as described in our Privacy Policy. . Please note that you provide your financial information to our third-party payment processor in accordance with its relevant third-party payment provider`s privacy policy. Please revise carefully their legal information before purchasing the license.

We reserve the right to limit the licenses or to stop providing Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services. All descriptions of Services and pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Services at any time. Any offer for any Services made on the Website is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.

In some cases, for example if we receive an information from the payment processor that your order is suspicious, risky or potential fraud we may ask you to provide us with additional confirmation that transaction was legal and authorized in an appropriate way, we hold a right not to give you an access to Services and do not provide you with any Services till receive relevant confirmation from you.

Prices. Relevant information about fees is always available on the Website and may be modified during the payment process by the reasons set below in this section (promotional status, applicable discount, payments method, etc.). Payment requirements are indicated on the applicable checkout page or section. In some instances, you might have an option to previously enroll in a Course or may enroll in a Course without any payment.

Fees may vary based on your location, the type of Payment Method you choose, where your Payment Method was issued, applicable taxes and other arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. We may not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all customers, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations, or discounts, or special user status such as formal student etc.

Payment Card Billing: Payment card payments are processed by our third-party payment processors. By agreeing to this Terms, you agree to be bound by relevant third party`s terms of service where applicable. Any breach of those terms will be treated as a breach of these Terms.

If you have selected a one-time royalty-free full payment, you will be charged to the Payment Method for the cost of the license and any applicable taxes. If you have selected an applicable several payment plan or subscription plan, your payment card will be automatically charged monthly for the applicable fees and any applicable taxes.

If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the payment card information provided, we reserve the right to terminate your engagement to our Services or suspend or terminate your access to the Services as we deem appropriate. If your payment details change, your card provider may provide us or third-party payment provider with updated card details and you agree for collection of such details as prescribed in our Privacy Policy. and/or relevant third-party privacy policy. Please note we do not access to your Payment Card information.

Taxes: When you purchase any license from us, you agree to pay not only the applicable fee, but also all applicable sales, use, indirect, transaction taxes, or other government-required fees and charges that the Company determines it is required to collect (“Taxes”).

Please note that the Company will calculate the “estimated Taxes” at checkout of the payment process and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize us to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where indirect tax collection is required, if any, such taxes will be calculated and added at checkout. You hereby agree to indemnify and hold the Company harmless against any and all claims by any tax authority for any underpayment of any taxes and any related penalties and/or interest.

Refund: If you purchased the license for a Course but are not satisfied you can request a refund within 14 days from your purchase date if applicable. We will not process refund requests after the refund period.

We reserve the right to refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your license.

You are not eligible for a refund if you used discount coupon or a several payments plan.

If at our own discretion you had enough time to make sure of what you purchased before to make payment by accessing to a free-lesson or free-version of the Course, or you had enough time to make sure of what you purchased by proceeding more than 50% of the Course licensed to you before the refund was requested, than you are not eligible for refund and refund request shall be rejected.

At our discretion, if we believe you are abusing our policies, we reserve the right to ban you and to restrict all future use of the Services. If we ban you or disable your access to our Services due to your violation of these Terms or other School's policies, you will not be eligible to receive a refund.

If you are not satisfied with the Course-provider`s support of the Course you enrolled to (if applicable), you can not get a refund regarding such support due it is a helping feature and a bonus.

A customer who is eligible for refund can get a refund and should request a full refund by contacting us at support@motiondesign.school. If we satisfy your refund request you will be disenrolled from the Course.

Other than stated for each form of enrollment, you hereby acknowledge and agree that the School will not offer refunds on any fees and charges related to your purchase of any license. This includes any partially used or unused parts of Services for which you have already paid.

If you purchase any license through a third-party marketplace, the refund policy applicable to that third-party marketplace shall apply, unless otherwise explicitly stated by the School, and the third-party marketplace will be solely responsible for making refunds under its refund policy, and the School will have no refund obligations. The School disclaims any responsibility or liability related to any third-party marketplace refund policy or the third party's compliance or non-compliance with such policy.

TERMINATION

Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your engagement with the Services or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “miscellaneous”.

TERMS MODIFICATIONS

The School may revise these Terms at any time without notice. By using our Services you are agreeing to be bound by the then current version of these Terms of Use.

GOVERNING LAW

Any claim relating to the Services shall be governed by the laws of Delaware, the USA without regard to its conflict of law provisions.

MISCELLANEOUS

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.