Effective Date: July 9, 2020

This website www.animotica.com (“Site”) and video editor’s software (“Service”) is owned and operated by Mixilab, LLC (“Mixilab,” “we,” “us”).

This terms and conditions (“Terms,” “Agreement”) apply to all visitors, users and other who access or use the Site and Service. By viewing or using this Site and Service, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not view or use this Site and Service.

In additions for these Terms also apply Microsoft terms and conditions and policies if you download our Service from https://www.microsoft.com/.

By using the Service you also agree to the YouTube Terms of Service and Google Privacy Policy.

DEFINITIONS AND INTERPRETATION

In this Agreement the following terms shall have the following meanings: 

ELIGIBILITY

Our Service are void where prohibited by applicable laws. Our Service is offered only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors under the age of eighteen (18) or to anyone who may not be able to form a legal binding contract within such a person's jurisdiction. Any misstatements and/or misrepresentations regarding the age, background, experience, and/or eligibility of any users of the Service are not the responsibility of Mixilab.

Mixilab does hereby expressly disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any users of this Site or the Service. Users do hereby represent, understand and agree to hold Mixilab harmless and to indemnify Mixilab for any misstatements and/or misrepresentations, whether made intentionally or not, made by any users of this Site or the Service.

FEES AND PAYMENT

Use of our Site is free of charge, but we may charge a fee for in-app purchases in the Service (Service Fee), that available at https://www.microsoft.com/. We charge you only with your explicit consent. We will never charge you for in-app purchases in the Service without making it very clear to you exactly what you’re paying for. In addition for these Terms, the Microsoft Terms of Sale will be applying for your purchases of the Service.

You can pay for our Service Fee by credit/debit card or using payment services providers applicable at https://www.microsoft.com/.

The refund is in accordance with terms of our Refund Policy below.

We reserve the right to change the Service Fees.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the in-app purchases in the Service and payments you make to us.

REFUND POLICY

Please note, that we do not sell any software on the Site directly. We distribute our Service through the Microsoft store and as such, we technically can’t offer you a refund simply because the procedure is on the Microsoft’s side.

That said, you can follow their returns and exchange procedure to get your money back in a timely manner.

Here’s how you do it:

• Log into your Order History.
• Select the Request a return option.
• Follow the instructions you’ll see on the screen.
• Don’t be shy to contact their support team in case you have any questions.
• Wait for Microsoft to deposit the money back onto your credit card account.

Feel free to check out more details on the matter in the Microsoft Terms of Sale section.

INTELLECTUAL PROPERTY

All content included on the Site (exclude User Content), such as text, graphics, logos, button icons, images, audio, video, digital downloads, data compilations, and software, is the property of Mixilab or its service providers and protected Ukranian and international copyright and trademark laws. We reserve all rights that are not expressly granted to you under these Terms.

This Site and Service or any its parts may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mixilab.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, audio, video, digital downloads, databases, or other media content, page layout) of Mixilab without express written consent.

All software used on the Site and Service is the property of Mixilab, its affiliates or its software suppliers and is protected by Ukrainian and international copyright laws.

Your license to use this Content, Site and Service is a non-exclusive, non-transferrable license to use the content and Site. You must not use content commercially, broadcast it, lease, rent, sublicense, publish, modify, adapt, or translate any portion of it without express permission from us and, if the publisher is another company or person, additionally from the publisher.

Nothing in these Terms grants you a right to use any Mixilab`s marks and other our intellectual property. Any unauthorized use terminates the permission or license granted by Mixilab.

Mixilab respects the intellectual property rights of others and requests that users do the same. Mixilab has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers. Mixilab may terminate access for participation or users who are found repeatedly to provide or post protected third-party content without necessary right and permission.

IP Infringe Notice. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification by sending the following information in writing to the address or via email address set on CONTACT US section:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by single notification, a reprehensive list of such work on the Site
• a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work
• information reasonable sufficient to permit the service provider to contact you, such as an address; telephone, and/or email address
• a statement that you have 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
• a statement that information in notification is accurate, and under penalty or perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notice. If you believe that  your user Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user Content, you may send a counter-notice.

USER CONTENT

Mixilab does not claim ownership of your Content.

By placing any User Content on the Site or through the Service (including your personal data, contact details, photo, images, messages or engaging in any other form of communication), you grant to Mixilab a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:

• use, copy, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright laws.

We reserve the right (but shall have no obligation) to decide whether any content that you use complies with these Terms and we may remove such content, suspend and/or terminate this agreement at our sole discretion if you use any content that is in breach of these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Mixilab reserves the right to remove and permanently delete any User Content from Site without a written notice.

Whenever you are using our Service, designs, text, graphics, logos, icons, images, that use must not be used unlawful, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, threatening or hateful, or in any other way that would violate any applicable law.

USE RESTRICTIONS

You must not use any means to bypass or disable any encryption, security, or authentication mechanism to gain unauthorized access or to interfere with any service, software or network connected to Site.

Your permission to use the Site and/or Service is conditioned upon the following use restrictions:

• post any information that is abusive, threatening, obscene, defamatory, libellous, sexually, religiously, or otherwise objectionable and offensive
• attempt to, or harass, abuse or harm another person or group
• interfere or attempt to interfere with the proper functioning of the Site and/or Service
• upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable
• harm minors in any way
• impersonate any person or entity, including, but not limited to, a Mixilab official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service
• upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
• upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical
• intentionally or unintentionally violate any applicable local, state, national or international law and any applicable regulations
• "stalk" or otherwise harass another
• promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals
• use the Service as a forwarding service to another site
• solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes
• exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s comments or content
• upload files for the sole purpose of having them hosted by us and for use outside of a Site created using the Service
• copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any rights in, or access to the Site and our Service, or any other content available on Site
• scrape, access, monitor, index, frame, link, or copy any content or information on the Site in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly-available portions of the Site and our services through any approved API
• violate the restrictions in any robot exclusion headers of the Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site
• attempt to gain unauthorized access to the Site, computer systems, or networks connected to the Site through hacking, password mining, phishing or any other means, obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or use any materials or information obtained through any means not internationally made available through the Site
• modify our software, or any part thereof, in any form or manner, nor to use any modified versions of the Site, for any reason whatsoever, without the express written consent of Mixilab
• circumvent or manipulate any applicable fee structure, billing process, or fees owed either to us or to our third-party providers
• use the Site and/or Service for illegal purposes or for promotion of dangerous activities
• violate any local, state, national or international law impersonate any person or entity, or otherwise mispresent your affiliation with a person or entity
• interfere with or disrupt the Site, our services, or servers, or networks connected to either, or disobey any requirements, procedures, policies or regulations of the Site
• circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copyright of any content or enforce limitations on use of the Site
• use of the Site and/or Service in any manner other than as permitted by these Terms or other legal agreements and terms
• use the Site and Service for any unlawful purpose or for the promotion of illegal activities.

You are solely responsible for providing and maintaining all hardware and software required for accessing and using our Site and Service related thereto.

You are responsible for all Content that you upload, post, transmit or otherwise make available via the Site and Service. We do not control the Content you post via the Service.

By using the Site and Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your content or the content of any third party, including, but not limited to, for any errors or omissions in your content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Site or Service.

You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service.

We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us.

LINKS TO OTHER SITES

This Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Mixilab or that of our affiliates. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.

Our Service uses YouTube API Services. If you decide share your content through in-app links to YouTube directly, YouTube Terms of Service, YouTube Privacy Policy and YouTube API Services Terms of Service will be applying.

LINKS TO THIS SITE

Those wishing to place a link on other sites to this Site or any other Content provided by Mixilab may do so without prior permission.

PRIVACY

For the purposes of applicable data protection legislation, Mixilab will process any personal data you have provided to it in accordance with our Privacy Policy available on the Site.

You agree that, if you have provided Mixilab with personal data relating to a third party you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Mixilab and that you have brought to the attention of any such third party the Privacy Notice available on the Mixilab’s website or otherwise provided a copy of it to the third party. You agree to indemnify Mixilab in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

DISCLAIMERS

MIXILAB MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE OF SATISFACTORY QUALITY, THAT IT WILL BE FIT FOR A PARTICULAR PURPOSE, THAT IT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, THAT IT WILL BE COMPATIBLE WITH ALL SYSTEMS, THAT IT WILL BE SECURE AND THAT ALL INFORMATION PROVIDED WILL BE ACCURATE. WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICE.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, USER INFORMATION OR DATA, REVENUE, OR OTHER HARM ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SITE AND SERVICE, OR OTHER INTERACTION WITH THE SITE AND SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SITE AND SERVICE. MIXILAB DOES NOT WARRANT THAT (i) THE SITE AND SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SITE AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE AND SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.

FEEDBACK

We welcome your feedback. Feedback submitted through the Site or otherwise is non-confidential and becomes the sole property of Mixilab. We own the intellectual property rights in and to such feedback and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment to you.

AVAILABILITY OF THE SITE OR SERVICE

The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.

Mixilab accepts no liability for any disruption or non-availability of the Site or Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Mixilab accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site, Service or any information contained therein. Users should be aware that they use the Site and the Content at their own risk.

Nothing in these terms and conditions excludes or restricts Mixilab’s liability for death or personal injury resulting from any negligence or fraud on the part of Mixilab.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

NOTICES

All notices/communications shall be given to us either by post to our Premises (see address below at CONTACT US Section) or by email to contact@mixilab.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

LAW AND JURISDICTION

These terms and conditions and the relationship between you and Mixilab shall be governed by and construed in accordance with the Law of Ukraine and Mixilab and you agree to submit to the exclusive jurisdiction of the Courts of Ukraine.

VARIATION, CANCELLATION AND TERMINATION

Mixilab may revise these terms and conditions from time-to-time. Revised Terms and Conditions will apply to the use of this Site and Service from the date of the publication of the revised Terms on this Site.

Please check this page regularly to ensure you are familiar with the current version. If you continue using the Site and Service related thereto after making these alterations, amendments and revisions you are taken to have agreed thereto.

In case you violate the provisions of these Terms, we reserve the right to issue you a notice in regards of your violation or immediately terminate or suspend or limit functionality of any or all Service and Site related thereto.

We reserve the right to suspend or deny, at our sole discretion, your access to all or any portion of the Site and Service related thereto without sending a written notice (including your violation of these Terms). Mixilab bears no responsibility and liability for suspending or denying your access to the Site or Service related thereto without a written notice.

You are entitled to terminate the Agreement and suspend any relationships with Mixilab any time through finishing using the Service.

For as long as we continue to offer the Service, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms.

Not limited to other means of legal protection Mixilab is entitled to suspend or terminate this agreement and remove or suspend your access to the Site and Service thereto in case you are in breach of any clause of these Terms.

SEVERABILITY

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ASSIGNMENT

Mixilab may transfer, sub-contract or otherwise deal with Mixilab’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

ENTIRE AGREEMENT

These Terms and Conditions and Privacy Policy and other documents available on the Site constitute the entire agreement between you and Mixilab in relation to your use of this Site and Service and supersede all previous agreements in respect of your use of this Site and Service.

GENERAL

By visiting this Site and using the Service, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not visit this Site and not use the Service.

Anyone using or accessing our Site and Service does so on their initiative and are responsible for compliance within local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our Site/Service to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

CONTACT US

In case you have questions, about our Site, Service or these Terms you can contact us by forwarding an email at contact@mixilab.com.

Mixilab Limited Liability Company (Mixilab LLC)

5 Nauky Ave.

Kharkiv, Ukraine

61058