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Terms & Conditions
- Your Agreement with downloops.com
- Right of Withdrawal
- Privacy & Security
- Registration & Account Set-Up
- Payment, Pricing & Promotions
- Viewing Orders
- ROYALTY FREE LICENSE AGREEMENT
- Your Agreement with downloops.com
The following are the terms and conditions that govern the use of this site, your right of withdrawal, privacy & security and royalty free license agreement. These terms and conditions may be updated by us from time to time without notice to you. In addition, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOWNLOOPS.COM. PLEASE READ THESE TERMS AND CONDITIONS ('Terms & Conditions') IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE WEBSITE OR DOWNLOAD ANY FOOTAGE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DISCONTINUE USING THE WEBSITE.
The Website is owned and operated by downloops.com/2Dmedia - Digitale Medien Michael Schneider of Germany, a major provider of looping motion content. All aspects of the Website, including, but not limited to the design and “look and feel” thereof and all of the content featured or displayed thereon, including, but not limited to text, graphics, photographs, images, moving images, animation, sound, illustrations and software and compilations thereof (together with the Marks (as defined below) are referred to herein as “Content”) are owned by 2Dmedia and/or its licensors and/or Content providers. “downloops.com”, its respective logo and all other marks owned by downloops.com/2Dmedia (the “Marks”) are trademarks of downloops.com/2Dmedia and may not be used without the prior written permission of downloops.com/2Dmedia.
All elements of the downloops.com Website, including but not limited to, the Content thereof are protected by trade dress, copyright, moral rights, trademark and other laws relating to property rights. Except as explicitly permitted under separate agreement with downloops.com, no portion or element of any of the downloops.com Website or such Websites’ Content may be reproduced, distributed, modified, publicly performed or displayed, transmitted, reverse engineered, decompiled, sold, sublicensed or otherwise exploited via any means or in any way and the Websites, their Content and all related rights shall remain the exclusive property of downloops.com/2Dmedia and/or its licensors and/or Content providers unless otherwise expressly agreed.
- Right of Withdrawal
You are entitled to withdraw your contractual declaration in text form (e.g. letter, fax, e-mail), within two weeks, without the necessity of stating reasons for this. The deadline will commence upon receipt of this notification in text form, however, not prior to the conclusion of the contract and not until the fulfilment of our information obligations under section 312c subsection 2 BGB (Buergerliches Gesetzbuch - German Civil Code) in connection with section 1 subsections 1, 2 and 4 BGB-InfoV (Verordnung ueber Informations- und Nachweispflichten nach buergerlichem Recht - Decree on the obligation to provide information and proof under civil law) and our obligations under section 312e subsection 1 sentence 1 BGB in connection with section 3 BGB-InfoV. The timely dispatch of the withdrawal declaration shall suffice to meet the deadline. The withdrawal declaration is to be directed to:
2Dmedia - Digitale Medien Michael Schneider
Managing director: Michael Schneider
Telefax +49 (0)7113912171
Consequences of a withdrawal
In case of a valid withdrawal, the performances already received by the parties must be mutually returned and any usufruct which may have been obtained (e.g. interest) must be restituted. If you are not able to return the performance received, entirely or in part, or only in a deteriorated condition, you are insofar obligated to compensate us for the loss in value. This may have the consequence that you may nevertheless be obligated to fulfil the contractual payment obligations for the time up until issue of the withdrawal declaration. Obligations to reimburse payments must be fulfilled within 30 days. For you, the deadline shall commence upon dispatch of the withdrawal declaration, for us, upon its receipt.
Your right of withdrawal shall expire prematurely if both parties have fulfilled the contract upon your expressed request before you exercise your right of withdrawal.
If you are a business in accordance with the definition in section 14 BGB, and are acting within the scope of your commercial or self-employed activities when concluding this contract, you may not invoke this right of withdrawal.
- Privacy & Security
During the utilisation of downloops.com's services, personal data will be collected, stored, processed and used. These are data which contain information on the personal or material circumstances of a particular member.
The members' personal data may be used by downloops.com for its own marketing, or for statistical evaluations by downloops.com. However, such data will never be sold or forwarded free of charge to third parties.
downloops.com employs cookies. These cookies will be stored permanently by the member's browser on his/her hard disc.
The member expressly declares his/her consent with this storage and processing of data. Each member has the right to object to the storage and processing of data for purposes of consultation, advertising and market research by downloops.com. An e-mail to the following address will suffice: email@example.com.
However, we would like to point out that we may not be able to delete your data due to statutory storage and bookkeeping obligations. In such cases, you will, however, have the right to request blocking of such data.
Should a modification of this data protection declaration become necessary, you will always be able to access the updated version right here.
- Registration & Account Set-Up
Registration information required:
To begin, enter your name, last name and your valid email address. Then, create a password (6 or more characters. Leading or trailing spaces will be ignored). Next, enter the rest of your details, including your billing address. Entering a shipping address isn't necessary. This option doesn't make much sense for our downloadable products but is here because the shop software wants it that way ;) Once you’re finished completing all the required fields, click Save.
Once you’re signed up, you can change any of your information at any time by going to My Account and updating the affected fields.
Once you have registered, you will be sent an email, which will include your username and password.
How do I log in or out?
When you want to log into downloops.com, click on the Log In link on the home page.
On the Log In page, enter your username (email address) and password. If you have forgotten your password, click the 'Forgot Your Password?' link and we’ll send your password to the email address. Note: downloops.com cannot be held liable for misuse or theft when you chose the 'remember my password' option on the log on page. By choosing this option any user of your computer will have access to some of your downloops.com account information.
Passwords are saved on a specific computer. If you use a different computer, and have not chosen this option when you log on, your password will not be saved on that computer.
When you’re finished and want to log out, click the Log Out link at the top of the page. You will have to log on again to access your account pages and perform the following tasks:
• viewing your account
• editing your profile
• purchasing loops
• accessing some free loops
To view your account, click the My Account link on the top of the page. You must be logged on to access this page. To edit your profile details (the details you submitted at registration), use the links listed under 'My Account' in the left column. You must be logged on to access this page.
- Payment, Pricing & Promotions
- All Content sales are final and cannot be returned. There are no refunds on Content sales. Prices, offers and products are subject to availability and may change. We do not accept orders from anyone under 18 or who does not have capacity to form a contract under their own local laws. All orders must be paid by credit card or PayPal. Acceptable credit cards are Visa, MasterCard and American Express. When using Visa or MasterCard, you are highly encouraged to utilize 3-D Secure technology that is implemented into the checkout process. Orders will not ship or be processed before credit charges have been authorized and approved by our automatic authentification system.
- You are responsible for paying any applicable taxes and duties in addition to the price paid for downloops.com’s Content.
- Viewing Orders
- Log In to view your account data. Now click the 'My Orders' link in the left hand 'My Account' column.
There is also a link called 'My Downloops'. The 'My Downloops' page holds track of your purchased loops and provides the according download links. Simply click on a link, select a download location on your hard disk, and then hit Ok.
- The downloops.com web sites and the materials therein are provided "as is". downloops.com makes no representations or warranties, either express or implied, of any kind with respect to the downloops.com sites, their operations, contents, information, and materials. downloops.com expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that downloops.com, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the downloops.com sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
- ROYALTY FREE LICENSE AGREEMENT
- This End User License Agreement applies to any user who downloads digital files, content, footage, graphics of any type or kind from downloops.com, regardless if there is a payment transaction. By downloading any file/content from downloops.com, end user agrees to this End User License Agreement.
As used in this License Agreement, Content means, collectively, any animations, moving images, films, videos, photographic images, still image(s) or other moving visual/audio representations recorded in any format, that are controlled by or obtained, directly or indirectly, from downloops.com.
Grant of Royalty Free License to the Content.
Subject to the terms of this License Agreement, you are granted a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty free license to use, reproduce, create derivative works, perform and distribute the Content (as identified in your Invoice) as part of another work in any medium. Anything you produce using the Content must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. Royalty Free indicates that aside from the license purchase price, no further fees or compensation is due downloops.com regardless of how many times the Content is used by you or how many projects it is used for. Depending upon the specific Content, additional rights may be available.
Single User License.
The Content may only be used on one computer, in one location, at any one time. Except as provided in this paragraph, you may not use, rent, lease, lend, sell or sublicense the Content to another person, company or other entity. Please contact downloops.com for a multi-seat site license if you need to use the Content over a network, via wireless or mobile devices and/or networks, for multiple users, or to share with other locations of your company.
Termination of License.
If you do not comply with the terms and conditions of this Agreement, then this Agreement and the Licenses granted hereunder will automatically terminate and you and any of your end-users must cease using any Content immediately. Such termination will not affect your payment obligations under this Agreement.
Revocation of License.
downloops.com reserves the right to revoke the license to use any Content for good cause and elect to replace it with alternative Content. Upon notice of any revocation of a license for any Content, You agree to cease using such Content immediately and will take all reasonable steps to discontinue the use of the replaced Content in your derivative works and will inform all of your end-users and customers of the same.
Condition of Content.
You should examine all Content for possible defects (whether digital or otherwise) after purchasing it. downloops.com shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Content or in any way from its reproduction.
Any use of Content by you or your customers in a manner not expressly authorized by this Agreement or in breach of any term of this Agreement constitutes copyright infringement, entitling downloops.com to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting in a breach and from any breach or copyright infringement, including any claims by third parties.
You are not allowed to sub-license, sell, rent, lease, resell, redistribute or provide to others any portion of the Content or its accompanying materials. The Content may not be shared by creating a database, disc library, image, video or audio storage jukebox, network configuration or similar arrangement. The Content may not, in whole or in part, and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed or made available as (a) templates, (b) stand-alone backgrounds, (c) stock elements or effects imagery elements, (d) downloadable files or (e) any other clip media/stock product, each as part of another library, collection, or set of clips for distribution or resale. Except as permitted herein, you may not post any Content on any electronic bulletin board or put it on-line in a downloadable or FTP format.
You may not use the Content in any way that might be considered defamatory, libelous, obscene, immoral or illegal. This includes the use of the Content for pornographic purposes. The Content may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify any persons, property, countries, races, customs, cultures, religions, governments or military visible in the Content. Content shall not be incorporated into a logo, trademark or service mark. All copyrights, trademarks and service marks remain the exclusive property of the copyright, trademark or service mark owner. If there are any incidental trademarks or logos contained in the Content, you may not alter these items or use them in any way which implies an association with or an endorsement by the owner(s) of such trademarks or logos, and the inclusion of these incidental trademarks in the Content does not in any way imply such association with or endorsement of this Content.
If the Content is used in connection with promoting any a product or service, any Content featuring a model that is used in a manner that (i) would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) would be defamatory or offensive to a reasonable person, You must accompany such use with a statement that indicates that the person so pictured is a model and is used for illustrative purposes only.
Content shall not be used contrary to any restriction on use that you are notified of prior to or at the time the Content is delivered to you. Such restrictions will be included in information provided with the Content or in any other communication by downloops.com. Any such restriction provided to you shall be incorporated in this Agreement.
Upon notice from downloops.com, or upon your knowledge that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which downloops.com may be liable herein, or if downloops.com withdraws any Content for any good reason, you will physically remove the Content from your premises, computer system and storage (electronic or physical) and, if possible, cease any future use at your own expense. downloops.com shall provide you with comparable Content (which comparability will be determined by downloops.com in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
Special licensing to obtain additional rights is available by contacting downloops.com.
Releases and Clearances.
downloops.com will notify you where it has obtained a model release and/or a property release for Content, either in the release status information accompanying the Content on downloops.com website, or by other means. You agree not to use any Content in a politically partisan manner, or in connection with a political campaign or election campaign us without written permission from downloops.com, such approval may be withheld for any reason. Except as specifically notified by downloops.com to you, downloops.com does not provide any copyright clearance or model or property releases with respect to the Content and grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Content. You shall be solely responsible for determining whether a clearance or release is required in connection with any proposed use of such Content. You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. downloops.com makes no representations or warranties as to whether or not any additional fees or payments may be due to any trade union, trade organization or model depicted in Content. Please review our Legal Issues and Copyright Clearance Checklist.
For all Content that you take delivery of in electronic form, you must retain the copyright symbol, the name of downloops.com and the image number or other identification number associated with the Content as may be included as part of the electronic file. You may not make additional high-resolution copies of the Content, except for normal backup and archiving purposes, and you will maintain a robust firewall to safeguard against unauthorized third-party access to the Content. Upon the expiration or earlier termination of this Agreement, you shall promptly delete the Content from its computer or other electronic storage systems.
Upon reasonable notice, downloops.com may inspect any records, accounts and books relating to the use of any of the Content to ensure that the Content is being used in accordance with this Agreement.
downloops.com reserves the right to monitor Licensee’s downloads from its website; suspend and/or terminate Licensee’s account privileges if Licensee, in downloops.com’s sole discretion, continues to violate the terms of any license agreement with downloops.com.
Copyright and Copyright Notice.
- All Content is copyright of downloops.com or its licensors and is protected by German and EU Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Content are transferred to you. downloops.com and its licensors retain all rights not expressly granted by this license Agreement. You agree to provide copyright attribution as requested.
- When incorporating the Content in print, film features, broadcast productions, or video products, downloops.com kindly requests a credit line that mentions downloops.com.
- Copy of Usage.
- To ensure compliance with the terms and conditions of this agreement, only upon request by downloops.com, you agree that upon completion of the final version of your derivative work using the Content, you shall furnish downloops.com with a copy of such work. This delivery shall be in one of the following formats: DVD, Blu-ray© or hosted on your web site.
- The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in Stuttgart, Germany.
Choice of Law.
- Thanks for reading thus far! After all, despite the magnitude of necessary paragraphs in this Terms & Conditions unit, we think we'll be pretty nice people to deal with :-)
downloops.com shall have the right to withdraw content because of actual or threatened litigation with respect to the Content; circumstances involving any third party creative or financial participants in the Content; any binding declaration or order issued by an competent court or government authority that prevents the Content from being distributed; or any reason beyond downloops.com’s control. downloops.com shall give you as much advance notice as practicable of any such withdrawal. You acknowledge that downloops.com’s right to withdraw content pursuant to this paragraph is of a special and unique character which gives it a peculiar value and that your license or other exploitation of content after the effective date of a notice of withdrawal could cause downloops.com irreparable injury and damage. You, therefore, agree that in addition to any right or remedy granted downloops.com hereunder, downloops.com shall be entitled to injunctive and other equitable relief against you to prevent any exploitation after the effective date of a notice of withdrawal.
DOWNLOOPS.COM WARRANTS THE CONTENT TO BE FREE FROM DIGITAL DEFECTS FOR 30 DAYS FROM THE DATE OF LICENSE SALE.
DISCLAIMER OF WARRANTIES.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, DOWNLOOPS.COM, ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE IN TRADE.
THE SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE LIMITED WARRANTY IS THE REPLACEMENT OF THE CONTENT OR REFUND OF THE PURCHASE PRICE, AT DOWNLOOPS.COM’S OPTION.
LIMITATION OF LIABILITY.
DOWNLOOPS.COM’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY YOU AND UNDER NO CIRCUMSTANCES SHALL DOWNLOOPS.COM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES. THE PRICE STATED FOR THE CONTENT IS A CONSIDERATION IN LIMITING DOWNLOOPS.COM’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
You assume full responsibility for the use of the Content. You agree to defend, indemnify and hold harmless downloops.com (including its licensors, officers, directors, employees, and agents) against all claims, lawsuits, demands, damages, torts, loss, liability, or expenses (including reasonable attorneys’ fees) arising out of (a) your use of the Content or by reason of any breach of this Agreement by you, your end-users or customers, (b) your failure to provide true and accurate credit card and payment information, (c) your failure to obtain any releases, if applicable, for your use of the Content, (d) any breach of the terms and conditions of this Agreement, and/or (e) your negligent act, omission or willful misconduct. If downloops.com is entitled to indemnification hereunder (the “Indemnified Party”) and becomes aware of any matter it believes is indemnifiable hereunder involving any claim, action, suit, investigation, arbitration or other proceeding against the Indemnified Party by any third party (each an “Action”), it will give You (the “Indemnifying Party”) prompt written notice of such Action. Such notice will (i) provide the basis on which indemnification is being asserted and (ii) be accompanied by copies of all relevant pleadings, demands, and other papers related to the Action and in the possession of the Indemnified Party. The Indemnifying Party shall have the right, at its own expense, to assume and control the defense of any matter subject to indemnification hereunder, and in such case the Indemnified Party agrees to cooperate with Indemnifying Party’s defense of such claim. downloops.com shall have the right to participate in any litigation at its expense. Any compromise or settlement of an Action will require the prior written consent of both parties hereunder, such consent not to be unreasonably withheld or delayed.
If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.
Consent to Jurisdiction.
This Agreement will be governed in all respects by the laws of Germany, without reference to its laws relating to conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, downloops.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of downloops.com, such action is necessary or desirable.