Welcome to Effectto Media

1. Hi, we’re Effectto and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Effectto’ it’s because that’s who we are and we own and run the effectto.com Site.

2. Effectto’s ecosystem of digital marketplaces helps millions of people around the world get creative assets online. When you create an account and accept these terms you become a member of our community. You will have an Effectto Media account that will allow you to buy items like the ones found on the Effectto Media Site and make other related transactions.

3. The Effectto Media Site are platforms that allow members to buy to use digital items like production music, motion graphics project files, vectors, images and much more.

4. The items on Effectto Media are owned by us.

5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Effectto Media Site is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

Effectto Website

6. Terms are applied to the products offered via Effectto Website.

7. Preview Files: If you stream or download a preview file from our Effectto Media Site, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Effectto Media Site and not for any other purpose.

How browsing and membership works

8. Browsing: You need to be 16 years or over to browse the Effectto Media Site. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the Site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Effectto Media site whether or not you’re a member.

Membership

9. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

10. Effectto Account: Membership is free. Your membership will allow you to ‘buy’ (license) items from Effectto Media site that help people get creative.

11. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Effectto Media account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Effectto Media Site including any activity that occurs in conjunction with your username and password, if you have an Effectto Media account, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Effectto Media Terms carefully.

How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Effectto Media.

12. What you’re buying:

License: When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from us to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Effectto Media. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an Effectto Media member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Effectto like 24/7 buyer support, fraud protection, item quality control and other related buyer services.

You can read more about the awesome buyer services buyers get from us over at Why Buy From Us information page.

13. The total price for an item on Effectto Media is made up of:

  1. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
  2. Buyer fee: This is the fee for the buyer services you get from Effectto.
  3. Handling fee: In some transactions on Effectto Media the total checkout price may include a handling fee.

Taxes: Some transactions on Effectto Media may be subject to tax that may be added to the price. See section 20 for details about taxes on Effectto Media.

The list price is made up of the item price and buyer fee, and is the price you see on an item page.

Transacting as a buyer:

14. If you have an Effectto Media account, you can make payments by using the ‘Buy Now’ function or by using any existing Effectto Media account.

15. When using Buy Now you will be redirected to a payment method provider.

16. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Effectto Media. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from Effectto Media, which we have no control over.

17. Terms of buying: When you buy an Effectto Media item you’re doing so on the following terms:

  1. you warrant to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  2. you cannot cancel a completed purchase of an item;
  3. we do not promise that any particular item will continue to be available on Effectto Media so you should download and save the item as soon as you buy it;
  4. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  5. the Effectto Media retains ownership of the item;
  6. your relevant details may be provided to us  in order to facilitate the transaction, for example for invoicing and item support services; and
  7. we have the right to enforce against you the terms of the license that you have acquired from us.
  8. It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully. See our Help Center article for information about account limits.

18. Warranties we make:

We warrant that the Effectto Media Site will be suitable for the purposes described on the Site, and that we will provide our platform services with reasonable skill and care.

19. Warranties we make for items you buy :

  1. the item matches the description given by us  on the item preview page, as well as any item preview;
  2. We will honour any express warranties given to you that are not contained in these terms;
  3. We have the rights necessary to license that item on the terms of applicable license;
  4. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  5. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  6. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  7. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  8. if the item is marked as ‘supported’, We will provide you with the services as outlined in the item support policy;
  9. We will process your data in accordance with applicable privacy law and data protection regulations.

This is what Effectto Media are promising you when you buy an item.

20. Taxes

Sales Tax. Prices and fees made for supplies made to you (whether by Effectto) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.

Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Effectto Media wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Effectto the gross amount on the invoice(s) such that the amount received by Effectto after the withholding tax is applied is the full amount Effectto would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Effectto’s standard processes).

Returns Policy

 21.Sold out items can’t be returned or exchanged, they are downloadable, licensed, or accessed on a subscription basis. You can contact us for any sort of technical support, Please note that by purchasing the Product.

Refunds & Cancellation Policy

22. You cannot cancel a completed purchase of an item, Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties given by us in section 19 has been breached, or a refund is required under the Effectto Media Refund Rules. If you would like to request a refund Contact us.

23. We will assess refund requests (if you have an Effectto Media account) on their merits, considering the digital nature of Effectto Media items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:

  1. you have changed your mind about an item;
  2. you bought an item by mistake;
  3. you do not have sufficient expertise to use the item;
  4. you ask for goodwill; or
  5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

24. If we decide to issue a refund (if you have an Effectto Media account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. which will be credited within 5 to 7 working days, Any payment made to you will be made in Indian Rupee, under the rules of the payment method (see section 16 – Currency conversion costs about currency conversion back to your local currency).

It is important that you understand how refunds work on Effectto Media.

25. Disputes lodged with payment agents: If, as a buyer via your Effectto Media account, you lodge a dispute with a payment agent, this will result in a freezing of your Effectto Media account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Effectto Media account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

26. Fine print: We are not a bank or licensed deposit taker in India or elsewhere, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Intellectual Property

27. What we own: We own all the Effectto content that we have put on Effectto Media (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Effectto Media Site, and copyright, trademarks, designs and other intellectual property on Effectto Media. We own all the trademarks, logos, service marks and trade names on Effectto Media (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Effectto Content or use any of our intellectual property in any way not expressly stated in these terms.

28. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Intellectual Property Policy.

Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Effectto Media including copyright and other rights.

29. Model and property releases: Items are available for commercial use. We are obtaining and keeping a model or property release if one is needed; please ask Contact us directly if you need a copy of a release.

Our use of your information

30. Privacy: We respect your privacy and process your personal information in accordance with our Privacy Policy

Our Privacy Policy explains how we deal with your information.

31. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Effectto Media, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Effectto Media to any other person.

Playing fair

32. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Effectto Media or in any public communications via the Effectto Media Site. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk!

33. Community participation: We take great pride in our global and thriving community—it’s part of what makes the Effectto Media great. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on Effectto Media, please read the Community Guidelines, as you agree to follow them as part of these terms.

Linking; apps made by others

34. Linking to the Effectto Media: We’d be delighted if you decide to link to Effectto Media from other Site but you have to link to a full version of a page and not link directly to an image or file hosted on Effectto Media. That includes no “in-line” linking methods resulting in images hosted on Effectto Media being displayed on other Site. You must not “frame” any Effectto Media pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Effectto Media be discontinued, and to revoke your ability to link to the Effectto Media.

35. Links from the Effectto Media: The Effectto Media Site may contain links to other non-Effectto Site. We have no control or responsibility over anything on those Site, and do not endorse or sponsor those Site, even if they are affiliated to us.

36. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Effectto Media. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Legal Housekeeping

37. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Effectto Media complies with these terms and our policies. We can suspend or terminate your Effectto Media account at any time for any reason (acting reasonably of course), including if you:

  1. breach these terms or any terms applicable to any of your other Effectto accounts;
  2. breach any of our policies (or policies of any other Effectto Company);
  3. act in a way that does not align with the values of our community; or
  4. act in a way that could cause us or members harm.
  5. If we do decide to permanently terminate your Effectto Media account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Effectto accounts you use on other Effectto Site.

38. We may use the services of another Effectto Company to conduct payment or other activities with you, like collecting payments and Refunds.

Liability and indemnity – between us and you

39. We provide items on the Effectto Media Site.

40. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

The items on Effectto Media;

information provided by us about their items (including on any item page); and

your use of items from Effectto Media.

41. Availability: We strive to have Effectto Media available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access Effectto Media, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Effectto Media works. The Effectto Companies will not be liable to you for any loss you suffer as a result of these things.

42. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

43. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

As our Site are global, there are different laws that may apply and these may restrict our relationship with you.

44. Notices: Any notice you send us must be submitted via contact us request. Any notice we send to you will be emailed to your Effectto Media account email address.

45. Changes to Effectto Media Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Effectto Media Site after the changes are made, then you will be agreeing to the changes.

46. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

47. Applicable Laws: We control and operate Effectto Media from our offices in India. The laws of Indian Constitution govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions

Buy: includes downloading an item that is made available for free on Effectto Media or that is purchased for you by another member.

Buy Now: a way of purchasing an item using a payment provider

Buyer: a person who ‘buys’ items on Effectto Media.

Buyer fee: the fee for the services buyers get from Effectto like 24/7 support, fraud protection, item quality control and other related buyers’ services.

Effectto.com controls, is controlled by or is under common control with Effectto Media.

Effectto content:

is all the content that we have put on Effectto.com and includes the design, compilation, and look and feel of the Effectto Media, and copyright, trademarks, designs and other intellectual property on the Effectto Media.

Effectto Media:

When we refer to the ‘Effectto Media’ we’re talking about the effectto.com

Effectto Media account:

what you receive when you become a Member which gives you access to any of the Effectto Media Site.

Handling fee:

the fee buyers may pay when using a payment method

Item price:

the price buyers pay for the license to use an item, as detailed in section 13.

Item support:

the support an agrees to provide Effectto Media account holders for an item marked as ‘supported’ as detailed on the item support page.

Items:

digital goods found on Effectto Media like background music, After Effects project files, photography and much, much more.

List price: the price you see on an item page on Effectto Media, which is made up of the item price and buyer fee.

Member: a person who signs up by creating an account and accepting these terms.

Payment method: any payment agent or method we make available on the Effectto Media.

Total price: the price the buyer will pay in total, which consists of the item price, Effectto’s buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 20.

Your content: everything that you post on the Effectto Media, or send via the Effectto Media to other members and to us including items, files, communications and materials.

48.Contact Information:

If you have any questions about this Agreement, please contact us by email at the following Email: [email protected]

49.Acceptance:

 By purchasing our product(s) you indicate that you have read and agree with the Terms & Conditions detailed on this page.

Version 1.0 – Effective date: 18 June 2021.