MrExplainer.com and Mr Explainer Terms of Service

I . ACCEPTANCE OF TERMS OF SERVICE.

Welcome to www.mrexplainer.com, hereto referred to as “mrexplainer.com” and “Mr Explainer” mrexplainer.com is operated in the United Kingdom, herein referred to as “Mr Explainer”, “we”, or “us” or “the site” “website.”

In accordance with these Terms and Conditions of Use, herein referred to as “Terms of Services”, “Terms of Use”.

These terms of use govern your use of the Site. By using the Site, whether as a visitor, a registered member (“member”), or a registered paid subscriber (“subscriber”), to do any or all of the following, you accept these Terms of Use in full and without reservation:

As long as you comply with this Agreement, Mr Explainer grants you a limited, revocable, non-exclusive, non-assignable, non-sub licensable right to access and use the Services as it is intended to be used and in accordance with these Terms of Service and applicable law. We grant you no other rights, implied or otherwise.

Updates to Terms of Service. Mr Explainer reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Such changes will become effective thirty (30) days after they have been posted to the Site or Mr Explainer has otherwise notified you of the change. Though Mr Explainer may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version, which is always available from a link on http://www.mrexplainer.com. Continuing use of the Service after the posting of changes will mean that you accept and agree to the changes.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND / OR THE PRIVACY AND SECURITY POLICY OR OTHER POLICIES, GUIDELINES, OR INSTRUCTIONS POSTED ON THE SITE, DO NOT USE THE SERVICES, THE SOFTWARE, OR THE SITE.

Mr Explainer Video Kits Licence – 

This licences is granted to paid members of MrExplainer.com only including Early Adopter User and Small Business User and Individual User. By becoming a “member” “user” of MrExplainer.com you agree to use all Mr Explainer video kits source files under this licence.

What this license is.

1.MrExplainer.com grants you, the member, an ongoing, non-exclusive, worldwide license to make use of the digital explainer kits source files you have downloaded from mrexplainer.com. Read the rest of this license for the details that apply to your use of the Item, as well as the FAQs (which form part of this license).

2.You are licensed to use the source files to create “Final End Completed animated presentations” or yourself or for your business and or business of which you are the owner or director.

3. “Final End Completed animated presentations” is a completed video requiring an application of skill and effort.

(a)For example, the Final End Completed animated presentation is a customised implementation of any explainer video kit theme source files which you download from mrexplainer.com.

The Final End Completed Video is a video customised with your content.

Things you can do with explainer source files you download from Mrexplainer.com

4.You can create a Final End Completed animated presentation for yourself or your business, to be used to market your business on any digital platform or other media platform you choose.

5.You can make any number of copies of the Final End Completed animated presentation, as long as the End Product is distributed for Free and for the purpose of marketing your business.

6.You can modify or manipulate the Item. You can combine the Item with other works or other themes you download from mrexplainer.com and make a derivative work from it. The resulting works are subject to the terms of this license. You can do these things as long as the Final End Completed animated presentation you then create is one that’s permitted under clause 3.

Things you can’t do with the mrexplainer.com sources files or the Final End Completed animated presentations you create.

7.You can’t Sell the End Product.

8.You can’t re-distribute the source files as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other Mr Explainer themes, and even if you modify the source files. You can’t re-distribute or make available the source file templates as-is or with superficial modifications. These things are not allowed even if the re-distribution is for Free.

9.Although you can modify the source files and therefore delete unwanted components before creating your Final End Completed animated presentation, you can’t extract and use a single component of any mrexplainer.com themes on a stand-alone basis.

For example: You download an explainer video theme. You can delete unwanted icons from the theme. But you can’t extract an icon to use outside of the theme.

10.You must not permit an end user of the End Product to extract the Item and use it separately from the End Product.

Other license terms

10.You can only use the Item for lawful purposes. Also, if an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects.

11.Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Items are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.

12.This license applies in conjunction with the Mrexplainer.com Terms for your use of Mrexplainer.com. If there is an inconsistency between this license and the Mrexplainer.com Terms, this license will apply to the extent necessary to resolve the inconsistency.

13.This license can be terminated if you breach it. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it.

18.Mr Explainer retains ownership of the Item but grants you the license on these terms.

Definitions

Term usedMeaning

End ProductSee clause 3 of this license.

FreeNo fee is paid by the end user to access the End Product. The End Product is not sold. No fee is paid to subscribe to a service that includes the End Product (eg a website subscription fee).

Sell or SoldSell, license, sub-license or distribute for any type of fee or charge.

Refunds

14. Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under UK consumer law or other relevant consumer protection laws. If you would like to request a refund or credit on a purchase, you should open a support ticket.

15. We will assess refund or credit requests on their merits, considering the digital nature of Mrexplainer.com items and the type of item preview that was available before purchase. There is no obligation to provide a refund or credit in situations like the following:

you have changed your mind about an item;

you bought an item by mistake;

you do not have sufficient expertise to use the item;

you ask for goodwill; or

You can no longer access the item because it has been removed from Mrexplainer.com (we advise you to download items as soon as they are available to avoid this situation).

16. If we decide to issue a refund or credit, this will be done using the same manner used to make the purchase. So if the item was bought using us dollars, you will be given credit in us dollars. if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Mrexplainer.com credits) will be made in US Dollars, under the rules of the payment method

Intellectual Property

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

Use of Information

18. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the Mrexplainer.com sites and their services, including marketing activities.

Our Privacy Policy explains how we deal with your information and it forms part of these terms.

19. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Mrexplainer.com will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Mrexplainer.com, 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 Mrexplainer.com to any other person.

II . DISCLAIMER FOR CONTENTS OF SITE 

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

PLEASE REVIEW PRESENTATIONS FOR APPROPRIATE CONTENT BEFORE USE.

Mr Explainer has not reviewed the presentations featured on the Site’s database to determine whether they are suitable or appropriate for your intended audience. Before using any of the presentations featured on this Site, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Mr Explainer is not responsible for the content of any presentations on this Site. If you find any content on this Site that you believe is objectionable, or that violates Mr Explainers Terms of Service or Conduct Guidelines, please notify us at abuse@mrexplainer.com.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

As a user of Mr Explainer and the Services, Mr Explainer grants to you a non-assignable, non-transferable, non-sublicensable license, revocable at any time at Mr Explainer’s sole discretion, to use (i) the Mr Explainer name and (ii) the Mr Explainer logo, unaltered, unmodified, and as it appears on the Mr Explainer.com website solely for the purpose of truthfully referring to Mr Explainer, including for use in creating a website that explicitly references Mr Explainer (the “Use License”). In addition to the restrictions above, such Use Licenses are expressly conditioned on: (i) no Mr Explainer Content may be used in a manner that creates confusion among consumers or that suggests that you (or your website) are sponsored or endorsed by Mr Explainer, or affiliated with Mr Explainer, (ii) no Mr Explainer Content beyond the Mr Explainer name and logo may be used, (iii) any such use must be of the full Mr Explainer name and/or unaltered and current Mr Explainer logo, (iv) any such use may in no way disparage Mr Explainer, any user of the Mr Explainer Service, or any third party, and (v) any website that uses Mr Explainer Content must include prominent text to the effect that “this website is not affiliated with or sponsored or endorsed by Mr Explainer. You agree to make no other uses of the Mr Explainer name and logo beyond those expressly allowed herein, pursuant to a Use License. Except as expressly provided in this Agreement or otherwise permitted by law, no Mr Explainer Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Mr Explainer’s express prior written consent.Violation of this Agreement ? Termination. You agree that Mr Explainer may, at its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Service or other terms or guidelines which may be associated with your use of the Services. Please note that it is Mr Explainer’s policy to terminate the account of users who violate the copyrights of third parties. If Mr Explainer does take any legal action against you as a result of your violation of these Terms of Service, Mr Explainer will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Mr Explainer. You agree that Mr Explainer will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms of Service.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Mr Explainer AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND LICENSORS (THE “Mr Explainer AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Mr Explainer AND THE Mr Explainer AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES OR RELATED SOFTWARE WILL BE CORRECTED. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mr Explainer, THE Mr Explainer AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Mr Explainer AND THE Mr Explainer AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT Mr Explainer MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICES; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT Mr Explainer AND THE Mr Explainer AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, Mr Explainer AND/OR THE Mr Explainer AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PLEASE REVIEW PRESENTATIONS FOR APPROPRIATE CONTENT BEFORE USE. Mr Explainer has not reviewed the presentations featured on the Site’s database to determine whether they are suitable or appropriate for your intended audience. Before using any of the presentations featured on this Site, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Mr Explainer is not responsible for the content of any presentations on this Site. If you find any content on this Site that you believe is objectionable, or that violates Mr Explainer’s Terms of Service or Conduct Guidelines, please notify us at abuse@Mr Explainer.co.

INDEMNIFICATION. You will indemnify and hold Mr Explainer and/or the Mr Explainer Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by Mr Explainer and/or the Mr Explainer Affiliates in connection with any claim arising out of your breach of the Agreement. Mr Explainer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

MISCELANEOUS. This Agreement is the whole legal agreement between you and Mr Explainer. It governs your use of the Services and completely replaces any prior agreements between you and Mr Explainer with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Mr Explainer.

GOVERNING LAW. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United Kingdom of and by British the laws without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in Birmingham United Kingdom.

DISPUTE RESOLUTION. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Mr Explainer and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

STATUTE OF LIMITATIONS. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

SEVERABILITY OF TERMS; NON-WAIVER OF TERMS; ASSIGNMENT. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Mr Explainer does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Mr Explainer may assign or delegate all rights and obligations under the Agreement, fully or partially.

NOTICES. Mr Explainer may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Services. Mr Explainer’s mailing address is:

Mr Explainer

tos@Mr Explainer.com

If you have general questions or concerns regarding these Terms of Service, please contact us in writing at info@Mr Explainer.com.