OVERVIEW
This Website is operated by RodyPolis LLC, DBA ActionVFX. Throughout the site, the terms “we”, “us”, and “our” refer to RodyPolis LLC. RodyPolis LLC offers this Website, including all information, tools, products, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this Website or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the Website, including, without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions included in these Terms of Service, then you may not access the Website or use any Services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - SUBSCRIPTION TERMS
1.1 Overview and Definition
The ActionVFX Subscription offers ongoing access to our extensive library of visual effects assets. Subscribers gain exclusive benefits, including recurring credits to acquire products and exclusive access to certain products. Additionally, Subscribers may enjoy other exclusive benefits as they are introduced. The term “Subscriber(s)” throughout this document specifically refers to individuals or businesses who complete the registration process for one of our paid subscription plans available on ActionVFX.com, and does not include users of free plans.
1.2 Subscription Plans, Fees, and Renewal
Your Subscription Fee is the monthly or annual price of your chosen subscription plan, clearly labeled on our Website and during checkout. Subscriptions renew automatically based on your chosen billing cycle (monthly or annually). Unless canceled, your subscription will continue renewing indefinitely, and you will be billed accordingly. Renewal prices are subject to change, and subscribers will be notified in advance of any price changes.
A “Subscription Plan” (also referred to as a “Subscription”) refers to any of the various membership levels offered by ActionVFX, each providing specific benefits, credit amounts, and access levels as described on our Website or as otherwise agreed upon during the registration process.
1.3 Credits and Usage
Each plan grants a set amount of credits each month or year to acquire products from the ActionVFX library. Details of credit amounts from each plan are available on our Website and during checkout. Unused credits roll over to the next month for up to 12 months. After 12 months, unused credits expire. Subscribers can purchase additional credits at any time, billed to the payment method on file. Purchased credits expire 12 months from the date of purchase.
Subscribers are solely responsible for managing and using their credits within the allotted time frames. All credits that are not used within the specified period (12 months from issuance or purchase) will automatically expire and be forfeited. ActionVFX will not be obligated to provide any compensation or refund for unused, expired, or forfeited credits.
1.4 Plan Management
Subscribers can upgrade or downgrade their plans at any time to access more or fewer credits and benefits. For team accounts, a designated account manager can manage multiple users within an organization. Each user will have access to the subscription benefits as specified in the chosen plan. The account manager is responsible for ensuring all team members comply with these Terms of Service.
1.5 Plan Cancellation
Subscribers can cancel their subscription plan at any time. A canceled subscription remains active until the end of the current billing cycle, after which it is permanently canceled. Upon cancellation, access to subscription benefits ends and all unused credits are forfeited. Assets previously purchased with your credits will still be accessible through your “My Downloads” page, and previously downloaded assets can still be used in accordance with our License Agreement.
Subscribers who choose to cancel their subscription acknowledge that any unused credits will be forfeited without refund or compensation. The opportunity to use credits exists during the active subscription period, and ActionVFX has no obligation to extend this opportunity beyond the terms of the subscription. Credits are a feature of the subscription service and do not carry any inherent monetary value outside of this context.
1.6 Refund Policy
We offer a 30-day money-back guarantee if you encounter any problems with your purchase. To be eligible for a refund, you must contact us within 30 days of your purchase and provide a detailed explanation of the issue. To prevent abuse, refunds are issued at our discretion and we reserve the right to deny refunds for reasons including, but not limited to, a change of mind, excessive downloads, or misuse of the Service.
1.7 Price Adjustments
To ensure the continued quality and innovation of our services, ActionVFX may implement periodic subscription price increases. These adjustments are necessary to account for inflation, rising operational costs, and our commitment to delivering cutting-edge VFX assets and features. Subscribers will be notified of the new rates in advance of the adjustment date, ensuring transparency and allowing for any necessary subscription management.
1.8 Agreement to Terms
By purchasing a Subscription Plan, you acknowledge that you have read, understood, and agree to all the terms and conditions set forth in these Terms of Service. Your continued use of the subscription constitutes your acceptance of these terms, including any future updates or modifications.
SECTION 2 - LICENSE AGREEMENT
2.1 License Overview
Assets purchased and downloaded through the ActionVFX Subscription are covered by our End User License Agreement. This License Agreement allows use of the downloaded assets, provided that their use complies with its terms.
2.2 License Tiers
We offer multiple license tiers tailored to the needs of different users, including individual creators and businesses. Each license tier dictates the permissible use of the assets, ensuring that all legal and usage requirements are met.
2.3 Compliance
Subscribers must adhere strictly to the terms outlined in our License Agreement. Unauthorized use, distribution, or modification of assets is prohibited and may result in immediate termination of your subscription and legal action.
SECTION 3 - ONLINE STORE TERMS AND GENERAL CONDITIONS
3.1 Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
3.2 General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 4 - PRODUCTS, SERVICES, AND INFORMATION ACCURACY
4.1 Products and Services
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your device’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
4.2 Accuracy of Information
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
4.3 Modifications to Service and Prices
Prices for individual products and assets are subject to change without notice. We reserve the right to modify or discontinue any part or content of the Service at any time. However, changes to Subscription Plan prices will be communicated to subscribers in advance. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - BILLING AND ACCOUNT INFORMATION
5.1 Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5.2 Payment and Billing
All fees are billed in U.S. dollars unless otherwise specified. Payment methods include credit card and other methods specified at checkout. By providing a payment method, you authorize us to charge all fees incurred through your account to the payment method you have designated. If we do not receive payment from your payment provider, you agree to pay all amounts due upon demand.
SECTION 6 - PROHIBITED USES
6.1 General Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
6.2 AI and Machine Learning Prohibitions
You are explicitly prohibited from using our content to train any machine learning models, artificial intelligence systems, neural networks, or any other automated systems without our prior written consent. This includes, but is not limited to, the use of our visual effects assets, data, metadata, and any derivatives thereof for the development, testing, or enhancement of such technologies.
Unauthorized use of our content for AI purposes will result in immediate termination of your subscription and may result in legal action. Additionally, we reserve the right to seek injunctive relief to prevent further unauthorized use, as well as to recover any damages incurred due to such violations.
Anyone found to be in breach of this prohibition may be held liable for any financial losses, legal fees, and other costs associated with the enforcement of these terms. We also reserve the right to notify relevant authorities and third parties of such breaches to ensure compliance with all applicable laws and regulations.
By using our services, you agree to fully comply with these prohibitions and acknowledge that any violation of these terms constitutes a material breach of this agreement.
6.3 Sanctioned Countries
Access to our services is not available in countries or regions subject to comprehensive sanctions by the U.S. government. By using our service, you represent and warrant that you are not located in such a country and are not on any U.S. government list of prohibited or restricted parties.
SECTION 7 - GENERAL TERMS
7.1 Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services or features through the Website (including, the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
7.2 Third-Party Links
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7.3 User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
7.4 Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
7.5 Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
8.1 Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
8.2 Limitation of Liability
In no case shall RodyPolis LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 9 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless RodyPolis LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 10 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 12 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 13 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Tennessee, United States.
SECTION 14 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 15 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@actionvfx.com.
Updated: September 1, 2024