Effective Date: July 11, 2023
Date of Latest Revision: July 11, 2023
These Terms and Conditions govern the usage of the website E-Shopme.com (the “Website”). By using or signing up on the Website, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept the Terms and Conditions stated here without modification, you may not use the Website.
1. Background and Defined Terms
When used in these Terms and Conditions, the following defined terms shall have the definitions set forth hereinbelow:
The term “Customer” shall refer to users of the Website who create a user account and purchase Services thereon.
The term “Services” shall refer to the Website, and all related tools, features, players, widgets, applications, data, software, and other services provided on the Website, including text, graphics, animations, user interface, “look” and “feel”, data and other content included from time to time.
The term “Terms and Conditions” or “Terms” shall refer to the latest version of these Terms and Conditions, and shall include any and all updates, amendments, modifications and supplements made thereto from time to time.
The term “Video” shall refer to a video generated as a result of the Service.
The terms “you”, “your” and other similar terms shall refer to all users of the Website.
The terms “we”, “our”, “us” and other similar terms shall refer the operator and owner of the Website, namely A1 Future Technologies. For reference purposes, E-Shopme.com is a registered trademark of A1 Future Technologies.
2. Revisions to these Terms and Conditions
We may revise these Terms and Conditions at any time by updating this posting and publishing the revised Terms and Conditions on the Website. We reserve the right to revise these Terms and Conditions at any time. Any modification shall take effect as from the date of publishing and shall bind any user approaching the Website from the date of publication of the revised Terms and Conditions.
You should visit this page periodically to review the Terms and Conditions, because they are binding upon you.
3. Binding Effect
You hereby agree to the following Terms and Conditions with respect to our provisions of the Services. Upon accessing, visiting or using the Website, you shall be bound and governed by these Terms and Conditions, in their entirety. These Terms and Conditions shall be binding and applicable to you. Any usage of the Website, even accessing or browsing, shall be deemed to be your acceptance of these Terms and Conditions.
4. Eligibility Requirements
To use the Website and the Services, you must:
- be at least 18 years of age,
- complete the online form as needed.
By requesting or otherwise purchasing the Services, you represent and warrant that you meet these eligibility requirements, and that the information you include as part of your user account is complete and accurate. If you are ordering services on behalf of an entity, you represent and warrant that you are authorized to bind that entity to these Terms and Conditions. You recognize that we may accept or reject your order in our sole discretion.
5. Provision of Services
You shall be provided with the Services chosen, as are detailed with the pricing on the Website. Any Video shall be created iteratively through a production process of consultation, provision of samples, feedback, revision stage, ultimately resulting in a final video conforming to your Creative Briefing.
5.1. Creative Briefing and Feedback
You shall be solely responsible for preparing and sending detailed answers to our Video’s specification briefing (“Creative Briefing”) as provided through the order form on the Website. We shall be under no obligation to review a Creative Briefing for further feedback for any purpose, including for accuracy, completeness of information, quality or clarity. We may decide, in our sole discretion, to deny a Creative Briefing, revision or feedback.
When the Website provides concepts to you, you shall review and respond. If you fail to promptly inform us that the provided samples are not reasonably responsive to the provided feedback, you shall be deemed to have accepted the samples.
If you notify us that you consider the samples are not reasonably responsive to the feedback, you shall provide information regarding amendments or modification to be made to the initial samples. After providing your feedback, you shall be provided a subsequent response that conforms with the additional criteria you requested.
6. Orders and Payments
To access the Website and reserve the Services, you shall have the option to create a user account on the Website (hereinafter individually referred to as a “user account”). Through your user account, you may proceed to reserve the Services, subject to any payment obligations.
6.1. User Account Creation
To create a user account, you shall be asked to input personal information, such as your name, email, phone number and payment information. User accounts created voluntarily shall be secured by a password. Your username and password should remain confidential and personal to you.
You confirm that all information provided in or as part of your user account is true and accurate. You may not transfer, sell, lease, lend, or assign your user account to a third party.
In case of a security breach or compromised password, please notify us by sending an email or sending a notice on the Website.
6.2. Responsibility for User Account Access and Usage
You shall be responsible for all acts, content, and omissions arising out of or relating to your user account. You agree not to engage in unacceptable use of your user account and to comply with the obligations contained in these Terms and Conditions. You may not use a user account that does not belong to you.
We are unable to guarantee that each user account shall be secure and protected against unauthorized access at all times. Consequently, you shall assume all risks associated with your provision of personal information on or through your user account.
6.3.Termination or Suspension of User Accounts
We reserve the right to investigate and otherwise look into any potential violations of these Terms and Conditions, any applicable laws or binding policies. You shall be required to cooperate with us during the course of any such investigations by submitting requested documentation or providing information.
We reserve the right to suspend or terminate any user account for which we have reason to believe is being accessed by multiple persons or entities.
Further, we may suspend or terminate a user account on the Website if you acted in a way that conflicts with these Terms and Conditions. You waive any rights or recourses you had, have or may have against us in case of the suspension or termination of your user account for any reason.
All ongoing provisions of these Terms and Conditions, such as disclaimers and liability, shall remain binding, even following the termination of your user account.
6.4. Price and Payments
You may purchase the Services on the Website by paying the fee and completing the required registration and subsequent actions, if applicable. The pricing shall consist of a flat fee, serving as a deposit paid in advance for the Services.
The pricing for the Services shall be specified on the Website. You shall be responsible for verifying the price of the purchase prior to making the corresponding payment. Unless otherwise indicated, the payments are exclusive of any taxes and other fees. You shall be responsible for paying taxes charged in connection with orders placed on the Website.
We accept payments by credit card, and other payment methods listed on the Website.
We shall have the right to hold and retain the payment made to commence the Services.
6.5. Storage of Payment Information
We shall store your payment information in our databases to allow for future use. For reference purposes, the following information shall be stored: The last four (4) digits of the bank card used, first name and surname, email address, the expiration month and year, the system-generated Customer ID and the type of bank used, such as Visa or Mastercard.
You may choose to pay directly for the Services purchased on the interface of the payment gateway linked on the Website.
6.6. Deletion of Payment Information
In the event that you delete your user account, please be advised that all data from your user account, including your payment information and previously purchased Services shall be deleted. Purchasing and invoicing data shall not be deleted even in the event of the deletion of your user account.
7. Refund Policy
If the Customer is not satisfied with the basic concepts provided by the Website, the Customer may request a refund by completing the Refund Request form provided to the Customer upon request. Upon timely receipt of the completed form, we shall refund the total payment made by the Customer if the refund claim is legitimate and provided the request was sent to our support email address within a timely delay.
The Customer’s acceptance of such refund shall constitute the Customer’s sole and exclusive remedy with respect to such basic concepts. Should the Customer receive such refund, the Customer shall have no right (express or implied) to use any basic concepts or other work product, content, or media, nor any ownership interest in or to the same.
The refund policy shall not take effect once you have accepted or otherwise received the final delivery.
If you confirmed or approved the acceptance of a Video, we cannot provide a refund. Your approval represents an acceptance of the Video and serves as an implicit statement of satisfaction.
If you have failed to communicate with us for more than sixty (60) days, any refunds shall be at our discretion.
If the company or entity for whom the Video was produced should close, change its name, or undergo other alterations rendering the Video ill fitting, we cannot issue a refund.
8. Video Completion
The Customer agrees to provide timely responses following its receipt of status notifications. The Customer shall have fifteen (15) days to respond to each set of changes sent to the Customer for review. If after fifteen (15) days the Customer has failed to respond, we shall assume the Video is complete and the Video shall be deemed to be complete.
At such time, we shall have no further obligation to the Customer.
9. Authorization to Use
You may access and use the Services solely in accordance with these Terms and Conditions and any policies and procedures published on the Website.
You may provide Creative Briefings only if you register as a Customer on the Website. Any use of the Website is at your sole risk and responsibility.
You may not display or print any contents from the Website except for personal use. In no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Website except as permitted in these Terms.
10. Prohibited Uses
You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service and the Website.
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any third intellectual property rights or on the privacy of others; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vi) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to (i) use any incomplete, false or inaccurate information when registering as a Customer on the Website; (ii) violate the privacy of any users of the Website; (iii) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on; or (v) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Website; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal liability. ‘We shall investigate occurrences that may involve such violations. We may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We shall take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site. We reserve the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request.
11. Nondisclosure and Privacy
12. Responsibility for Content, Other Representations, Warranties and Covenants
We shall not be responsible for any use that is or is not made of the Website or the Services. Without limiting the foregoing, we make no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material communicated through, or posted to, the Services or the Website.
You acknowledge that any reliance on information or other material on the Website, including, without limitation, any content communicated through the Services, shall be at your own risk.
13. Copyrights and Intellectual Property
Unless otherwise specified and/or credited all images, artwork, text and graphics, animations, Videos, flash animations of the Website are the copyright and/or trademark of ours. All rights relating thereto are therefore reserved.
Trademarks, logos, trade names, marks and intellectual property relating to us are proprietary to us. Our trademarks and logos may not be reproduced or shared without our explicit prior written consent.
All intellectual property directly relating to the Website and us remains our sole property. We are the exclusive owner of such intellectual property throughout the world, without limitations of time or space.
Any content that has been licensed to us remains the property of its respective owners. Please note that the transmission, sharing, distribution and reproduction of all or part of any of the content on the Website is expressly prohibited, except as provided under these Terms and Conditions.
14. Ownership and Rights to Use
We shall own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Website and the Services, in all media now known or later devised, to the full extent provided under Canadian and United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Website or any portion thereof.
You shall not use or permit any third party to use the name, trademarks and trade names of E-Shopme.com, without our prior written consent.
All input you provide and upload in connection with the editing of a Video, such as videos and photos, shall be your sole property.
14.1. Our Rights
The Customer grants us and our mother company a royalty-free, perpetual, irrevocable, sub-licenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the Videos provided by the Website.
All animations, artwork, scripts and videos remain the copyright and exclusive property of ours. This material may not be reproduced in any other way without our prior written consent. We reserve the right to utilize and/or reproduce any graphics, animations or illustration created by the Website, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order on the Website, you agree and consent to these Terms and Conditions.
14.2. Customer’s Rights
Subject to the Customer’s compliance with these Terms and Conditions, the Customer shall own the final Video provided to the Customer by the Website.
The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the generation of the Video, with such right, title and interest expressly reserved to us.
The Customer acknowledges and hereby grants us the right to use Creative Briefing, as well as individual animations provided to the Customer, for internal and filing purposes, and in order to display and promote the Services.
The Customer acknowledges that its rights under these Terms shall be limited solely to the final Video accepted by the Customer.
14.3. Our Limited Liability and Customer’s Responsibilities
Accordingly, the Customer is encouraged to perform its own independent searches with regard to the Videos provided on the Website. Furthermore, the Customer acknowledges that we shall have no responsibility or obligation of any kind to assist the Customer in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the Video.
We shall not be responsible in otherwise assisting the Customer in any way in the Customer’s perfection of the Customer’s rights in or to the Videos (copyright and title). We retain the copyright to all concepts, comprehensives, or other preliminary materials, which are not selected by the Customer or are not included into the final Video.
We expect the Customer to perform researching on its company name to be sure the name is not already in use. The Customer is encouraged to secure a copyright, trademark or service mark to protect the Customer’s legal rights to any name or image. We shall not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image. We shall not be responsible for researching nor infringing any trademark violations that may or may not arise in our dealings with the Customer. All trademark matters are the full responsibility of the Customer.
15. Disclaimer for Technical Problems
We shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Website. We reserve the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although we intend to use commercially reasonable efforts to make the Website and the Services accessible, we make no representation, warranty or covenant that the Website and the Services shall be available at all times or at any time. Various circumstances may prevent or delay availability.
We may, at any time, discontinue the Website and the Services, in whole or in part.
16. Disclaimers and Limitations of Liability
The Services serve solely as a venue for the creation of work and we do not screen or censor any information or material posted to the Website.
Although we make commercially reasonable efforts to determine the identity of Customers, we cannot and do not confirm that any Customer or other user is who they claim to be or that any Customer or other user has the qualifications he or she claims to have.
Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website, if you have a dispute with one or more users, you release us (and our affiliates, agents and employees) from all claims, demands and damages, including actual, consequential, direct, indirect, incidental, special and exemplary damages, known and unknown, arising out of or in any way connected with such disputes.
The Website and the Services are provided “as is.” We make no representation or warranty of any kind whatsoever to the Customer or any other person relating in any way to the Services, including any part thereof. The Customer accepts that the electronic devices and software used by the Customer to review the Videos provided by the Website may distort the colors, shapes and effects used to create the concepts. We disclaim any warranty related to the accuracy of the output devices used by the Customer and keep the right to state the specifications of a given Video by using standard color, measure and animations. The Customer shall accept those specifications as those corresponding to the chosen Video. We disclaim to the maximum extent permitted by law, any and all such representations and warranties.
Without limiting the generality of the foregoing, we disclaim, to the maximum extent permitted by law, any and all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, quality or omissions in the service, (iv) warranties relating to the transmission or delivery of the service, and (v) warranties otherwise relating to performance, non-performance, or other acts or omissions by us. There is no warranty that the Services shall meet the Customer’s needs or requirements or the needs or requirements of any other person.
In no event shall we or any third party be liable to you or another person for consequential, incidental, special, exemplary, punitive, or indirect damages arising under or in any way related to the Services provided by the Website, including any part thereof, or any other content, even if we had been advised of the possibility of such damages or losses.
17. Links to Third Party Services
The Website may contain links to third party web sites or other services (the “Linked Content”). The Linked Content is not under our control and we are not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. We are providing Linked Content to you only as a convenience. The inclusion of such Linked Content is not an endorsement by us of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
You agree to defend, indemnify and hold us harmless as well as our subsidiaries, affiliates, officers, agents, co partners and employees from all liabilities and third party claims due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable attorney fees, incurred in connection therewith.
We reserve the right, in our sole discretion, to terminate the Services, at any time, with or without notice. In the event of such termination, we shall work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer’s use of the Services result from the Customer’s material breach of these Terms and Conditions, the Customer shall not be entitled to any refund, unless otherwise specified by us.
20. Governing Law and Disputes
These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of Hungary (excluding any conflict of laws rule).
All disputes arising out of or relating to these Terms and Conditions (each, a “Dispute”) shall be handled as follows. Prior to undertaking any legal or arbitration proceedings, you shall make reasonable efforts to resolve the Dispute amicably.
If the Dispute cannot be resolved amicably within thirty (30) days, the unresolved Dispute shall be referred to and finally resolved by binding arbitration. The Dispute shall then be handled through arbitration administered in accordance with the standards set forth by the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The number of arbitrators shall be one (1). The arbitrator shall benefit from the authority to resolve the Dispute.
Any claim or Dispute relating to these Terms and Conditions, the Website or the Videos must be introduced within one (1) year of the event giving rise to the claim. Any claim or Dispute introduced after the one (1) year delay shall be barred.
21. General Provisions
These Terms and Conditions set forth the entire agreement and understanding between you and us with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between you and us regarding the subject matter of these Terms and Conditions.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.