Term of Use

Welcome to Megarecords Shop. The following are the terms and conditions that govern your use of this website. 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 MEGARECORDS SHOP. PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE WEBSITE OR DOWNLOAD ANY CONTENT. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE WEBSITE.

Use of the Site

  1. Age and Responsibility. You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Account by others, including minors living with you). You agree to supervise all usage by minors of the Site under your name or account.
  2. The Site is owned and operated by Megarecords Shop. All aspects of the Site, including the design and “look and feel” thereof and all of the Content featured or displayed thereon, are owned by Megarecords Shop and/or its licensors and/or Content providers. All elements of the Site, including 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 Megarecords Shop, no portion or element of any of the Megarecords Shop Site or such Sites’ 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 Site, the Content and all related rights shall remain the exclusive property of Megarecords Shop and/or its licensors and/or Content providers unless otherwise expressly agreed.
  3. Sample Usage: Megarecords Shop grants you a limited, nontransferable, nonexclusive license to (a) download watermarked content, (b) and to use the content and any derivative works or copies (collectively, the “Sample Content”). The Sample Content may only be copied, modified and incorporated in materials for sample use including comprehensive layouts or offline edit (“Comp Use”). The Sample Content may not be used in any final materials distributed internally or to the public. All other rights are reserved to Megarecords Shop. Other than the above Comp Use, Sample Content may not be used in any way. After you have purchased the Content and paid in full, the applicable License Agreement applies.
  4. Search Results and Rankings: For your convenience, we offer various ways to rank and order your search results on our Site. Some of these rankings are created through a fully automated ranking system (algorithm) and are based on multiple criteria. We make no representation or warranties as to the accuracy of these results and rankings.

Buying from MotionElements

  1. Pricing: All prices are based in US Dollars and converted to your selected currency, at a rate determined by us, which may include a conversion and/or processing fee for certain currencies. Prices, offers and products are subject to availability and may change.
  2. Payment: You can choose to pay by Credit Card or any other payment methods listed on the payment page.
    1. Payment by Credit Card: If you choose to pay using Credit Card, you will be redirected to a Payment Processor. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Megarecords Shop to charge the designated credit card, or PayPal account, for the total amount of the purchase.
  3. Currency conversion costs: You are responsible for any currency conversion costs incurred.
  4. Purchase by Credits:
    1. The price of Megarecords Shop Credits will be the price specified on the Site at the time of your purchase. Megarecords Shop Credits can only be used to pay for Megarecords Shop transactions. We do not refund any monies deposited to your Account unless under special circumstances. Megarecords Shop Credits are valid for one (1) year from the date of purchase. Unused Credits cannot be resold to another person or website, transferred for value or redeemed for cash.
    2. After each completed transaction using Megarecords Shop Credits, the total price you pay will be deducted from your Megarecords Shop Credits.
  5. Purchase by Subscription:
    1. Download of content by subscription is available after you’ve purchased a subscription plan.
    2. MotionElements Subscription cannot be resold to another person or website, transferred for value or redeemed for cash, except to the extent required by law. Any download or any other use of Megarecords Shop Subscription shall be solely for specific and immediate use of such product by Licensee; warehousing of content, aggregation, and any other mass downloading for potential future use is strictly prohibited.
    3. Certain Restrictions:
      1. It is a breach of our website Terms of Use to utilize manual or automated software / scripts or bots, crawlers, spiders to mass download content, or to mass download content with the intention to copy, reproduce, modify, republish, upload, post, transmit, or distribute in any form or by any means whatsoever without prior written permission from us.
      2. In order to provide for a smooth download process and to ensure the best possible service to all Megarecords Shop users; Megarecords Shop may, at its sole discretion, restrict or limit downloads of content by you to a fixed number of total downloads of content per 24-hour period.
    4. Use of Content. You may download Content only in accordance with the terms of this Agreement and the applicable License Agreement.

Refunds

  1. Based on MotionElements’ refund policy, we will offer a refund within 30 days of purchase in the event:
    1. the product is not up to the specifications as described in the product page:
    2. the product is not of acceptable quality:
    3. you are unable to download your purchase.
  2. We will assess other refund requests based on their merits. There is no obligation to provide a refund in situations like the following:
    1. you have changed your mind about a product:
    2. you bought a product by mistake:
    3. you do not have sufficient expertise to use the product.
  3. All refunds will be done using the same payment method used to make the purchase. If the product was bought using Megarecords Shop Credits, you will be refunded in Megarecords Shop Credits; if the product was bought using a particular payment method, you will be refunded using the same payment method.

Rules of Conduct

  1. You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Megarecords Shop member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
  2. Managing Content. Megarecords Shop does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Megarecords Shop reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Account. Megarecords Shop shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Megarecords Shop to determine Accepted Content is done as a courtesy only.
  3. Confidential Information. While using the Site, you may obtain Confidential information about us or another member, and you agree that during the term of this Agreement and thereafter you shall not, without the express written consent of Megarecords Shop, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Agreement or as required by applicable law.
  4. Intellectual Property Infringement Claims. Megarecords Shop respects the intellectual property of others, and we ask our users to do the same. If you believe that a Content infringes an intellectual property right, including copyright, please notify Megarecords Shop at: [email protected]

Links

  1. Linking to us:We are happy if you link to us, but you have to link to the full version of a HTML formatted page of our Site. You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to link to our Site in any manner such that any page of our Site is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to insist that any link to our Site be discontinued, and to revoke your right to link to our Site.
  2. Links from the Site:This Site may contain links to Third-Party Sites. We have no control or responsibility over or endorse anything on any Third-Party Site. We are not liable for any loss or claim that you may have against any Third-Party Site.

Term and Termination

  1. This Agreement is effective until terminated.
  2. If you wish to terminate this Agreement, you may simply discontinue using the Site.
  3. Megarecords Shop reserves the right, in its discretion, to restrict, suspend or terminate your right to access any portion of the Site at any time for any reason without prior notice or liability. Megarecords Shop may change, suspend or discontinue all or any portion of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespass.
  4. Notwithstanding the foregoing, such account can only be terminated by us if you materially breach this Agreement and fail to cure such breach within thirty (30) days from our notice to you thereof; provided that, we can terminate the Site immediately as part of a general shut down of our service.
  5. Megarecords Shop shall not be liable to you or any third party for any termination or suspension of your access to the Site.

MotionElements Representations and Warranties

  1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MEGARECORDS SHOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. MEGARECORDS SHOP MAKES NO WARRANTY THAT (i) THE SITE SHALL MEET YOUR REQUIREMENTS, (ii) THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE SHALL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE SHALL BE CORRECTED; AND (vi) THAT THE SITE OR ANY CONTENT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR DOES NOT INFRINGE UPON ANOTHER’S RIGHTS.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEGARECORDS SHOP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations of Liability

  1. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SITE IS AT YOUR OWN RISK AND THAT NEITHER MEGARECORDS SHOP NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR THE CONTENT THEREON. YOU ACKNOWLEDGE THAT YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE CONTENT IS FOR MEGARECORDS SHOP TO ELECT TO EITHER REPLACE ANY DEFECTIVE CONTENT OR REFUND THAT PORTION OF THE PURCHASE PRICE RELATED TO THE DEFECTIVE CONTENT. FOR ALL OTHER CLAIMS, YOU ACKNOWLEDGE THAT YOUR EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. EXCEPT AS SET FORTH IN THIS PARAGRAPH, IN NO EVENT SHALL MOTIONELEMENTS’S LIABILITY EXCEED FIFTY ($50.00) US DOLLARS.
  2. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE Megarecords Shop PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Miscellaneous Provisions

  1. No Waiver. No action of Megarecords Shop, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Megarecords Shop in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
  2. Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Megarecords Shop with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Megarecords Shop with respect to the Site.
  3. Third party: If you are agreeing to these terms on behalf of someone else (like your employer), you represent and warrant that you have full legal authority to bind that third party.
  4. Survival: Any provisions that by their sense and context are intended to survive the termination of this agreement shall survive such termination. Any cause of action that Megarecords Shop may have against you for breach of this agreement prior to the date of termination shall survive such termination.
  1. Severability: 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 this 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.
  2. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
  3. Choice of Law: This Agreement will be governed in all respects by the laws of the Republic of Singapore, without reference to its laws relating to conflicts of law. We 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 our opinion, such action is necessary or desirable.
  4. Language of the Terms: Where Megarecords Shop has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with us. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
  5. Changes to Terms: Megarecords Shop reserves the right, in its discretion, to modify this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Agreement, including any modifications made by us as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Site.