Last updated: March 14, 2021
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with «Slibe - Animated Stories Library» mobile application (the "Service") operated by SF COMPANY, TOV. ("us", "we", "our", “Rightholder”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Please, read these terms and conditions before using the Mobile application (the "Service"). Use of the Mobile application (the "Service") under other conditions is not allowed.
• License (Agreement) means the text of this document with all its annexes, amendments, and addendums displayed while the installation process of the Mobile application or during its use.
• User ( “you”) means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
• Mobile application means the Rightholder's software «Slibe - Animated Stories Library» intended for installation and use on the Device.
• The basic version means the Mobile application with limited functionality.
• Extended version means the Mobile application which includes software applications, software extensions, data, and commands extending its functionality after installation and/or activation on the Device.
• Device means any mobile phone, smartphone, tablet, or other device which allows using the Mobile applications according to their functional purpose.
• The trial period means the initial term of the Extended version license which is granted free of charge. The duration of the Trial period is 3 (Three) calendar days unless otherwise is set forth in Rightholder's tariffs.
• Content means audiovisual works created by User in Mobile application
• Subscription means conditions of payments by accepting of which User accepts and agrees that according to the User's opted tariff the license to Extended version will be automatically renewed upon its expiration and respective license fee will be automatically paid (debited) for an unspecified period of time until User withdraw such consent (cancel Subscription).
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• Animated Elements - a premade animated elements, that can be used in «Slibe - Animated Stories Library» to create content
This Agreement could use other terms and definitions not stipulated here. In this case, such a term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of the definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and SF COMPANY, TOV (“Company”, “we”, “us”, “our” or "Rightholder"). This Agreement governs the relationship between you and us, and your use of the Company «Slibe - Animated Stories Library». Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.
If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilize the app or who owns or otherwise controls the means through which you utilize or access the app, then the terms “End User”, “you”, and “you're” shall apply collectively to you as an individual and to the Organisation. If you use, or purchase a license or to, the app on behalf of an Organisation, you hereby acknowledge warrant, and covenant that you have the authority to:
1) purchase a license to the app on behalf of the Organisation;
2) bind the Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the app you:
(a) affirm that you have all of the necessary permissions and authorizations to access and use the app;
(b) if you are using the app pursuant to a license purchased by an organization, that you are authorized by that organization to access and use the app
(c) acknowledge that you have read and that you understand this agreement;
(d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement
(e) accept and agree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. if you have already downloaded the software, delete it from your computing device.
The Application is licensed, not sold, to you by «Slibe - Animated Stories Library» for use strictly in accordance with the terms of this Agreement.
Who can use the Services?
No-one under 16 is allowed to create an account or use the Services.
Our Service allows you to create, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content") and audiovisual creations. You are responsible for the Content that you create with the Service, including its legality, reliability, and appropriateness.
You represent and warrant that:
(i) the Content you use 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
(ii) the creating 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.
The User may not, independently or employing any third parties, do the following:
• In any manner copy (reproduce) application software and databases being a part of the Mobile Applications, including any of their elements and information materials without the prior written consent of the Rightholder.
• Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications.
• Create software and/or services using the Mobile application without prior permission of the Rightholder.
• Use in Created Content the materials that are subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts) without permission of such third party.
User is strictly prohibited from use of Mobile application for the creation and/or distribution of Content that:
• are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogs, explosives or other weapons;
• violate personal non-property rights or intellectual property rights,
• otherwise violate provisions of applicable law as well as common moral and ethical standards;
• The Rightholder has the right to set technical restrictions of use of the Mobile application; the Rightholder will inform the User about the abovementioned limitations from time to time in the manner at the Rightholder's discretion.
• The functionality of the Mobile application including one that is available exclusively in the Extended version, is subject to the Rightholder's sole discretion and may be changed from time to time.
• User acknowledges and accepts that Rightholder collects and stores Content for a short time. Such works are not Personal Information. User grants Rightholder the limited non-exclusive royalty-free right to collect, store and analyze Content for no longer than a week and solely for the purposes of improvement and further development of Mobile applications.
• User shall on its own estimate legal consequences and conditions of use in Content of any materials that can be subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts). Access to any materials provided through the functionality of Mobile application in no manner means a grant by Rightholder to User of any rights to use such materials.
Specifically, the provided functionality of the Mobile application to create Content using demo musical records provided by Apple iTunes as well as musical records contained in the User's media library at Apple iTunes or in file storage of User's Device in no manner means a grant by Rightholder to User of any rights to use such records.
We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
• You will not use the Services for any purpose that is illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users' information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan or test the vulnerability of our Services or any system or network.
• You will not encourage or promote any activity that violates these Terms.
• We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. Never put yourself or others in harm’s way just to capture a video.
When you create an account with us, you must provide us with 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.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
«Slibe - Animated Stories Library» Pro subscriptions are charged monthly or annually to your iTunes Account, if you choose annually, price will charge after your 3-days trial ends. Subscriptions will then auto-renew every month or year unless turned off at least 24 hours before the end of the current period. To stop auto-renewal, visit Account Settings in iTunes after purchase. Any unused portion of a free trial, if offered, will be forfeited when you purchase a subscription, if applicable.
Once this Agreement is concluded the Rightholder entitles the User to use the respective version of the Mobile application under the terms of a non-exclusive worldwide license during the certain term.
To conclude this Agreement in regards to the Basic version and Extended version for the Trial period the User is sufficient to perform the actions stated below:
• reproduction (a record) or launch of the respective version of the Mobile Application on the Device,
The fulfillment of the above-mentioned actions confirms that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder.
The User has the right to use the Basic Mobile application version due to the terms and conditions hereof in the following ways:
• Basic Mobile application version reproduction (a record) on the Device;
• Basic Mobile application version launch and using due to its functional purpose.
After the expiration of the Trial period User will be granted the Extended version license upon the payment of the license fee according to the Rightholder rates; Such a license will create a separate license agreement under the terms and conditions hereof.
Under Extended version license the Rightholder entitles the User:
• to perform launch, installation, and running of program applications and software extension to the Basic Mobile application version or activation of additional commands and codes to update the Basic version to the Extended version;
• to use additional functionality of the Extended version according to its description.
Any rights and ways of use of the Mobile application that are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.
The term of the Basic version license is not limited.
Except for the Trial period, the term of the Extended version license should be determined according to the license fee amount paid by the User upon the Rightholder's rates set on the payment date.
Once the Extended version license is over the license could be renewed under the terms and conditions of the actual version of the Agreement as to the license fee payment date. The number of extensions of the Extended version license under the Agreement is not limited.
The license fee payments could be made using payment methods and payment services stipulated at the moment of license obtaining.
Extended version licenses with limited-term are granted under the Subscription. The user has the right to cancel the Subscription at any time.
«Slibe - Animated Stories Library'' is providing music tracks as part of a sublicensing agreement. The sublicensee’s rights are limited to use within the scope of the licensee’s project and cannot exceed those licensed hereunder. This license DOES NOT INCLUDE the right to sublicense the Recording to be used by a third party in a TV broadcast, commercial film, television advertisement, radio advertisement, in-theater advertisement, or for video on demand (VOD) or any DVD, CD or video game (including any paid iPhone/iPad game or application) sold to the general public if more than 1,000 copies are produced and/or downloaded.
Animated Video Backgrounds and Animated Elements licensing
«Slibe - Animated Stories Library'' is providing animated video backgrounds and Animated Elements as part of a sublicensing agreement. The sublicensee’s rights are limited to use within the scope of the licensee’s project and cannot exceed those licensed hereunder. This license DOES NOT INCLUDE the right to sublicense the Animations to be used by a third party in a TV broadcast, commercial film, television advertisement, radio advertisement, in-theater advertisement, or for video on demand (VOD) or any DVD, CD, or video game (including any paid iPhone/iPad game or application) sold to the general public if more than 1,000 copies are produced and/or downloaded.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of SF COMPANY, TOV. and its licensors. The Service is protected by copyright, trademark, and other laws of both Ukraine and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SF COMPANY, TOV.
You (or the Organisation, if and as applicable) shall retain ownership of Intellectual Property Rights in and to the content that you create through or with the assistance of the «Slibe - Animated Stories Library»
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to «Slibe - Animated Stories Library» with respect to the Application shall remain the sole and exclusive property of «Slibe - Animated Stories Library».
«Slibe - Animated Stories Library» shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
«Slibe - Animated Stories Library» reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
«Slibe - Animated Stories Library» may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that «Slibe - Animated Stories Library» has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
In view of granting the User with the Basic version license on a free-of-charge basis under the Agreement, the provisions of the Consumer Protection Legislation shall not be applicable to the relations of the parties with respect to the Agreement.
The mobile application is provided "As is. To the fullest extent possible under applicable law, the rightsholder hereby expressly disclaims any warranties with respect to mobile application whether express, implied, or statutory, including without limitation, warranties or conditions of merchantability, fitness for a particular purpose, and their equivalents under the laws of any jurisdiction. Rightholder makes no warranties that mobile application will correspond to user's demands, that it will function in combination chosen for the use or together with different products of a third party, that functioning of the mobile application will be failure-free or fault-free, and that all faults of the mobile application will be corrected.
Since the functionality of the Mobile application is constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile Application to Users, and also to alter or withdraw the License without prior notice.
The Rightholder has no connection with Content that Users create and/or distribute using the Mobile applications. Rightholder does not check the Content or their components as well as their compliance with any kind of requirements and that the Users have all necessary rights. Any and all responsibility for the content of audiovisual works made inside «Slibe - Animated Stories Library'' and their compliance to applicable requirements rests with the User.
The Rightholder is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.
The User is responsible for any violation of the obligations stipulated by the Agreement and (or) applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer).
In case the Rightholder will be brought to justice or will be penalized due to the User's violations of the rights and/or the interests of third parties as well as a violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Rightholder.
Under no circumstances shall rightholder be liable for any special, incidental, indirect, statutory, exemplary, punitive, or consequential damages, of any kind whatsoever, or for any lost profits, business or revenue, loss of use or goodwill, or another lost economic advantage, arising out of or related to this agreement or the breach hereof, whether such claims are based on breach of contract, strict liability, tort, any federal or state statutory claim, or any other legal theory and even if rightholder knew, should have known, or has been advised of the possibility of such damages.
Amendments to this Agreement
«Slibe - Animated Stories Library» reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is a material we will 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 Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
In no event shall SF COMPANY, TOV., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, 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.
The laws of Ukraine, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Notwithstanding any damages that you might incur, the entire liability of «Slibe - Animated Stories Library» and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall «Slibe - Animated Stories Library» or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if «Slibe - Animated Stories Library» or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Rightholder reserves the right to prosecute at his own discretion violators of the exclusive rights to the Mobile application due to the civil, administrative, and criminal legislation.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No failure to exercise and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, «Slibe - Animated Stories Library», on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, «Slibe - Animated Stories Library» provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither «Slibe - Animated Stories Library» nor any «Slibe - Animated Stories Library» provider makes any representation or warranty of any kind, express or implied:
• as to the operation or availability of the Application, or the information, content, and materials or products included thereon;
• that the Application will be uninterrupted or error-free;
• as to the accuracy, reliability, or currency of any information or content provided through the Application;
• that the Application, its servers, the content, or e-mails sent from or on behalf of «Slibe - Animated Stories Library» are free of viruses, or other harmful components.
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the app constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review this Agreement regularly.
If within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorized to access or use the app.
No provision of this Agreement, or any part of the relationship between you and «Slibe - Animated Stories Library», is intended to create nor shall they be deemed or construed to create any relationship between you and «Slibe - Animated Stories Library» other than that of and end-user of the app and services provided.
You acknowledge and agree that your breach of this Agreement would cause «Slibe - Animated Stories Library» irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which «Slibe - Animated Stories Library» may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened, or continued breach of this Agreement.
The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.
The Company is based in Ukraine and provided for access and use primarily by persons located in Ukraine, and is maintains compliance with Ukraine laws and regulations. If you use the app from outside Ukraine, you are solely and exclusively responsible for compliance with local laws.
Any cause of action or claim you may have to arise out of or relating to this agreement or the app must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
The Agreement constitutes the entire agreement between you and «Slibe - Animated Stories Library» regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and «Slibe - Animated Stories Library».
You may be subject to additional terms and conditions that apply when you use or purchase other «Slibe - Animated Stories Library» services, which «Slibe - Animated Stories Library» will provide to you at the time of such use or purchase.
This Agreement shall remain in effect until terminated by you or «Slibe - Animated Stories Library».
«Slibe - Animated Stories Library» may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from «Slibe - Animated Stories Library», in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your device.
Termination of this Agreement will not limit any of «Slibe - Animated Stories Library» rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
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.
Our Service may contain links to third-party websites or services that are not owned or controlled by SF COMPANY, TOV.
SF COMPANY, TOV. has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that SF COMPANY, TOV. 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 websites or services that you visit.
You agree to indemnify, defend and hold harmless «Slibe - Animated Stories Library» and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that «Slibe - Animated Stories Library» assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.
Your use of the Service is at your sole risk. The Service is 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.
SF COMPANY, TOV. 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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try 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 after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
This Agreement, procedure for its concluding and executing, and also any issues not provided herein shall be governed by the applicable law of Ukraine.
Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the applicable procedural law of Ukraine.
This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard.
If you have any questions about these Terms, please contact us at [email protected]