General Terms and Conditions
Last updated: May 5, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://videospark.co.uk website (the “Service”, “Services”) operated by Loop Europe Ltd. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using any of our Services.
Your access to and use of the Services is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
By accessing or using the Services you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
All transactions/ interactions are external, meaning there are no paid transactions made on our Service Providers platform between providers and users, and no direct messages between providers and users sent via the platform.
Loop Europe Ltd is not responsible for any and all disputes arising between providers and users of our Sites and Services. By accessing and using our Sites and Services, You release us from any and all liability for any and all claims arising from disputes between providers and users of our Sites or Services. We strongly advise you to read the terms and conditions for any service provided before entering into a contract with a provider.
All subscription plans are available with a trial period providing a satisfaction guarantee. After the trail period is complete, unless a subscription has been cancelled by the User before the billing date stated it is assumed that the User is satisfied, and the subscription plan will be billed automatically. No refunds will be issued once the payment has been processed. The trial period satisfaction guarantee only applies to the initial purchase, and not on the renewing subscription payments. Furthermore, VideoSpark does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. This includes both month-to-month and annual plans.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan the user selects when purchasing a Subscription.
Loop Europe Ltd, in its sole discretion and at any time, may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle. Loop Europe Ltd will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
VideoSpark Users shall pay for all subscription fees, and hereby authorizes VideoSpark (and its payment processors) to debit User’s bank account or charge User’s credit card, as stated on User’s subscription and billing page. User agrees that all subscriptions are recurring and will renew automatically. We do not send reminders prior to a subscription renewal; it is up to the user to be responsible for their billing cycle dates.
Reselling is defined as selling a VideoSpark account, or a VideoSpark Workspace to a third party outside of the VideoSpark platform. VideoSpark strictly prohibits the resale of all Service Agreements and Workspaces. Any resale of a Service Agreement, or a Workspace/Project may result in termination of the account with no notice.
- If a Workspace is included in a service agreement with the primary owner of the account as an associated cost.
- If the account in question is on a subscription, and the buyer transfers ownership of the subscription terms & billing having reached an agreement with VideoSpark
- If the subscription is purchased through a VideoSpark affiliate link
VideoSpark support is only offered to the owner of the account and retains the right to deny service to collaborators and any third parties. If you require clarification on what is considered reselling under the VideoSpark terms, please contact firstname.lastname@example.org
VideoSpark User acknowledges that all subscription fees are charged automatically on a recurring basis until the User cancels their subscription (both month-to-month and annual plans). Users may cancel their subscription by logging into their VideoSpark Admin Account and clicking “My Subscriptions” then choosing “Manage My Subscriptions” and selecting the “Downgrade” or “Cancel” option under Subscription Details. A confirmation email receipt will be sent to you with the expiration date of the subscription. Once your account has been downgraded/cancelled, you will have access until the end of your billing cycle. Please keep in mind that you are solely responsible for properly cancelling your account. You must contact support before or on the payment due date. However, you can also contact support if you are having difficulty or need any assistance to cancel/ downgrade.
If you exceed your plan’s limits on any feature in any given month, you will be automatically upgraded to the next level plan for the remainder of your subscription period. You will be charged a pro-rated price for the increased price of the upgraded plan immediately, and the full amount will be charged starting on the next billing cycle.
- Exception: If upgrading from a Free plan to a Paid plan, your billing cycle will start new on the day you upgrade (where the full fee of the paid plan is to be paid). You will be charged the full amount of the then-current rate for the new plan, beginning with your next billing cycle.
VideoSpark subscriptions have an option to include a trial period to provide a satisfaction guarantee before a User’s billing cycle begins. If you have any questions about the product and what it contains, please message us before making your purchase.
Our knowledgeable support team is here to assist you and ensure you are satisfied. The feedback is invaluable to us and we are here to help you and set you up for success as much as possible.
There is no obligation to provide a refund in the following situations:
- You have not had a chance to use the product within the trial period
- You are requesting a refund due to financial or personal situation/ goodwill
- You do not have sufficient expertise to use the product
After the trial has elapsed and billing has taken as stated upon subscription, no refunds will be issued. You are responsible for cancelling your subscription before the billing date by going to your Account Settings. There will be no refunds or credits for partial months of service, upgrade/ downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
VideoSpark is committed to the success of our customers, but through experience we have found that users have varying requirements, capabilities, and limitations with regard to the types of devices and software they can use, the way their local network is configured, the speed of their internet connection, etc. These issues will certainly impact a customer’s ability to use VideoSpark Services as it is intended.
We recommend ensuring that all platforms used by the customer are compatible with VideoSpark Services prior to purchasing.
All subscriptions, both month-to-month and annual plans, are recurring and will automatically renew after the end of each paid subscription period.
VideoSpark Refund Policy for Annual Plans
VideoSpark may offer an Annual Plan based on tiered production limits. Once that production limit has been reached, the user will automatically be upgraded to the next tier and charged a prorated amount. Once this has happened, there will be no refunds issued for the upgraded charge.
VideoSpark will make reasonable efforts to notify the user prior to upgrading their account. If you would like to learn more about the pricing, please visit our pricing page or contact email@example.com prior to purchasing.
VideoSpark Refund Policy for Monthly Plans
VideoSpark offers a Month-to-Month Subscription Plan, which allows customers to upgrade, downgrade, and cancel at any time without penalty. We recommend this option for most customers, especially those that do not have full certainty or control over their technology environment.
Finally, VideoSpark Services offer Annual Subscription Plans at a significant discount. We recommend this plan for customers who are certain that VideoSpark Services are compatible with their environment. It is your responsibility to evaluate VideoSpark Services, including their features, limitations, and system requirements before selecting the Annual Plan.
If you are not certain that VideoSpark Services are a fit for your use case and environment, then you should not choose the Annual Plan.
VideoSpark will not issue refunds to Annual Plan customers on the basis of the customer not understanding the system requirements, or the presence of compatibility issues, including inadequate internet speed/ consistency, incompatible devices, operating systems, or browser software versions.
If you choose an Annual Plan, you are entering into a one-year subscription contract that expires 12 months after you sign up. You are responsible for paying for the entire subscription. If you decide to cancel before the term of your subscription is up, then you will still be billed for the remaining months on your subscription and will still have access to its benefits until it expires.
Refund Policy for VideoSpark Templates
We do not issue refunds for the Templates once the order is confirmed and the product is activated, due to the downloadable nature of the product. If you have any questions about the products and what it contains, please message us before making your purchase.
There is no obligation to provide a refund or credit in the following situations:
- You change your mind about this product
- You do not have sufficient expertise to use product
- You are requesting a refund due to a financial or personal situation/ goodwill
We still stand by our Satisfaction Guarantee and are happy to assist you in getting the most benefit from it – please contact our support team at firstname.lastname@example.org.
Enterprise Contracts NDA
Multiple Account contracts, often managed under the term “Enterprise”, are created as flexible packages and negotiated to suit a Users specified needs.
Users with these types of Account contracts are referred to as “the Recipient”.
The Account’s terms may be negotiated, for example, but not limited to, volume, flexibility, or stock requirements. The Recipient of an Enterprise (or any other type of negotiated package) undertakes not to disclose Confidential Information, for example, but not limited to, pricing agreements, documentation, or factual disclosures made during negotiations.
VideoSpark staff receiving information from a User to negotiate terms is therefore also a “Recipient” and undertakes not to disclose Confidential Information offer by the User.
This Agreement is governed by, and is to be construed in accordance with, English law. The English Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement.
The creation of unlimited videos included in a Service does not imply that the User will have an unlimited allowance for storage of the said videos or created content. For this reason, the videos created by the User are made available in a downloadable format. It is the responsibility of the User to download and store/archive their own videos once created inside a VideoSpark Service. In order to control server space and reliable functionality video projects may be systematically removed after an undisclosed period of time dependant on server space and service load. The User will not hold VideoSpark or Loop Europe Ltd responsible for the loss of project content under any circumstances and assumes all responsibility for downloading projects once creation and posting is complete.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and all contents, including but not limited to text, images, graphics, or code are the property of Loop Europe Ltd or its Licensing Partners and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of Loop Europe Ltd or its affiliates. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Service.
Links to Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Loop Europe Ltd. Loop Europe Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Loop Europe Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Loop Europe Ltd its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
Loop Europe Ltd., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer and Non-Waiver of Rights
Loop Europe Ltd. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any location in the United Kingdom. In such cases, the local law shall apply to the extent necessary. Loop Europe Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. If you breach any of these Terms and Loop Europe Ltd chooses not to immediately act, or chooses not to act at all, Loop Europe Ltd will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Loop Europe Ltd does not waive any of its rights. Loop Europe Ltd shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Local United Kingdom laws may apply to certain products and service provided.
If VideoSpark Services are unavailable either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then P obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.
Governing Law and Legal Costs
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the City of Derby, the County of Derbyshire, and the laws of England, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service/Services, and supersede and replace any prior agreements, oral or otherwise, regarding the Service/Services.
The Customer must bring any proceedings against Loop Europe Ltd in a Derby City Court.
The Customer will be liable for any legal costs incurred by Loop Europe Ltd in the recovery of unpaid invoices on an indemnity basis.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service/Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Please contact us at email@example.com if you have any questions, concerns or need clarifications.
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