Acceptance of Terms
MOOVME may modify this Agreement at any time, with or without notice to you, by posting the modified Agreement on the Site. Your continued use of the Site after such modification shall be deemed to be your acceptance of any such modification. You may not modify this Agreement without the prior written authorization of an officer of MOOVME. It is your responsibility to check this Agreement regularly to determine whether the Agreement has been modified. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE USE OF THE SITE.
As a condition to using certain components of the Services, you may be required to register with MOOVME and select a password and screen name ("User ID") to obtain a personal account. You agree to provide MOOVME with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate, automatic termination of your access to the Site. You may not select or use as a User ID a name of another person with the intent to impersonate that person; use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or use as a User ID a name that is otherwise offensive, vulgar or obscene. MOOVME reserves the right to refuse registration of, or to cancel, a User ID in its sole and absolute discretion. Notwithstanding the foregoing, you acknowledge that MOOVME cannot guaranty the accuracy of any information submitted by any user of the Services, nor any identifying information about any user. You are responsible for any activity that occurs under your user account. You may never use a user account that is not your own without the explicit permission of the account owner. You are responsible for keeping your password secure.
The MOOVME Site contains copyrighted material, technology, trademarks, Services marks, trade secrets and other proprietary information, which may include computer code, text, data, video, images, illustrations, animations, sounds, musical compositions and recordings, audiovisual effects, color schemes, business methods and methods of operation, concepts, ideas, know-how, moral rights, and any related documentation (collectively the "Proprietary Material"). All intellectual property rights to the Proprietary Material, including patent, copyright, trademark and trade secret rights, are owned or licensed by MOOVME. You agree not to copy, download, reproduce, republish, upload, post, transmit, perform, display, distribute or sell, or in any other way exploit the Proprietary Material, or to participate with or to encourage others to engage in such acts. The Proprietary Material may include materials licensed by MOOVME from third parties, and the licensors of those materials may enforce their rights in the event of any violation of this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY MOOVME AND ITS LICENSORS.
Description of Services
The MOOVME Services provides you with access to a variety of resources, materials and downloads. The Services may enable you to create content and to make it available to others, and to access content made available by MOOVME and other Site users. Such content may include, without limitation, video, film, music, text, communications, software, graphics, images, audio, and information. All such content made available by you or by other users of the Site is referred to in this Agreement as "User-Generated Content." As between MOOVME and you, you own the copyright to any User-Generated Content that is created by you using the Services. You expressly acknowledge and agree that any User-Generated Content that you make may be made freely available by MOOVME to others, including without limitation for download by others. You further acknowledge and agree that this permission is made and granted by you in consideration of your use of the Services, and that this permission constitutes a world-wide, nonexclusive, perpetual, royalty-free, irrevocable and transferable license to MOOVME to use, copy, perform, display and distribute such User-Generated Content to others.
Prohibited User-Generated Content
You are solely responsible and liable for any User-Generated Content that you upload, post, input, publish or otherwise distribute using the Services. As a condition of your use of the Services, you agree not to use the Services for any unlawful or prohibited purpose. User-Generated Content prohibited from the Services includes, without limitation, User-Generated Content that MOOVME determines in its sole and absolute discretion:
1) constitutes or includes any illegal or unauthorized copy, in whole or in part, of another person's copyrighted or copyrightable work, discloses trade secrets without authorization, or otherwise violates the proprietary rights of a third party;
2) misrepresents the source or identity of any material;
3) is unlawful, obscene, defamatory, libelous, threatening, abusive, harassing, promotes racism, bigotry, hatred or physical harm of any kind against any individual or group, or encourages any other conduct that would be considered a criminal offense, create civil liability, or is otherwise offensive to users of the Site or inappropriate;
4) violates the rights of privacy or publicity of any person;
5) is false or deceptive;
6) displays pornographic or sexually explicit material of any kind;
7) includes material that exploits people under the age of 18 in a sexual or violent manner;
8) is an advertisement or solicitation to sell a product or Services to users of the Site, or constitutes any other commercial use of the Site, without the prior written consent of MOOVME;
9) is unlawful under the laws of the United States or any individual state or locality, the laws of any foreign jurisdiction, or any international treaty or convention; or
10) interferes with the proper functioning of the Services or Site, or violates any other Term of this Agreement.
You should not use any User-Generated Content if you are in doubt about its legality or its prohibition by the Terms. MOOVME does not endorse any User-Generated Content or any opinion, recommendation or advice that may be expressed. MOOVME generally does not regulate and shall have no obligation to monitor any User-Generated Content. However, MOOVME and its agents shall have and reserve the right to monitor any User-Generated Content from time to time for any lawful purpose. MOOVME may, without notice to you, remove or block any User-Generated Content, including disabling access to such User-Generated Content. MOOVME also may terminate your access to the Site and refer the User-Generated Content to law enforcement if MOOVME believes it is in violation of any state, federal or local law.
Subject to the permitted use of the Services granted in this Agreement, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Services, or remove any proprietary notices or labels from the Services. Failure to comply with the restrictions and limitations contained in this policy will result in the immediate, automatic termination of your access to the Site and may subject you to civil and/or criminal liability. You further agree that you will not, under any circumstances:
1) frame or otherwise display any portion of the Site or its contents that is not your User-Generated Content without prior authorization;
2) sell, grant a security interest in, or transfer reproductions of all or any portion of the Services to other parties in any way not expressly authorized herein, nor shall you rent, lease or license all or any portion of the Services to others;
3) exploit the Services or any of its parts for any commercial purpose whatsoever without the express prior written authorization of MOOVME;
4) host, provide or develop Services for or using the Services, or intercept, emulate or redirect the communication protocols used by MOOVME in any way, including without limitation through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Services, use of a utility program or any other techniques now know or hereafter developed, for any purpose, including without limitation unauthorized access in any form over the Internet;
5) facilitate, create or maintain any unauthorized connection to the Services, or any portion thereof, including without limitation any connection to any unauthorized server that emulates, or attempts to emulate, the Services. All connections to the Services, or any portion thereof, may only be made through methods and means expressly approved by MOOVME. Under no circumstances may you connect, or create tools that allow you or others to connect to the Services, or any portion thereof, other than those expressly provided by MOOVME; or
6) use the Services in a manner prohibited by any applicable law or government regulation, or by the Terms.
Solely as a convenience to users, MOOVME provides links on the Site to other websites owned by third-parties. Unless otherwise expressly stated, MOOVME does not endorse or control these third-party websites and assumes no responsibility for them.
It is your responsibility to ensure that you obtain all consents, authorizations and clearances in any Content owned or controlled by third parties that you access or communicate to others in connection with the Services. Any copying, downloading, burning or distribution capabilities with respect to the Content shall not constitute a grant or waiver of any rights of the copyright owners of any Content. The availability of any Content does not transfer to you any commercial or promotional use rights in the Content.
Digital Millennium Copyright Act
MOOVME respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please CONTACT MOOVME.
It is MOOVME policy to block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user or other content provider. If you believe that User-Generated Content or other material residing on or accessible through the Site infringes a copyright, please send a notice of copyright infringement to the Designated Agent. The notice of infringement should conform to the elements of notification provided in the DMCA, Section 512(c)(3), including: (i) contact information and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (ii) identification of the copyrighted work or material infringed; (iii) identification and location the of the content claimed to be infringing so that it may be found and verified; (iv) a statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized; and (v) a statement, made under penalty of perjury, that all information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the copyright claimed to be infringed. Once proper infringement notification is received by the Designated Agent, MOOVME will remove or disable access to the claimed infringing User-Generated Content or other material; notify the accused infringing party that it has removed or disabled access to the User-Generated Content or other material; and determine appropriate measures to prevent recurrence by the accused infringing party. The DMCA requires a Services provider to give prompt notification to the accused infringing party of the copyright claim and that the accused User-Generated Content or other material has been removal or access to it has been disabled. Section 512(g). The accused infringing party may then issue a counter notification in the form provided in the DMCA, Section 512(g)(3). In such instance, MOOVME shall follow the procedures and requirements of the DMCA calling for notification to the complaining party and timely restoration of the User-Generated Content or other material alleged to be infringing.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless MOOVME, its offers, directors, employees and agents, and any licensor of MOOVME, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) arising from your use of the Site, your violation of any Term, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. This defense and indemnification obligation will survive this Agreement and your use of the Site.
You agree that the Site shall be deemed exclusively based in California, United States of America and this Agreement shall be deemed to have been made and executed exclusively in the State of California. Any dispute arising out of this Agreement shall be resolved in accordance with the laws of the State of California without reference to its conflict of law provisions. You agree that any claim asserted in any legal proceeding by you or MOOVME shall be commenced and maintained in any state or federal court located in Santa Clara County, State of California, having subject matter jurisdiction with respect to such dispute. You and MOOVME agree to submit to the personal jurisdiction of such court. The prevailing party in any such proceeding shall be entitled to reimbursement of court costs, including a reasonable attorney fee, in addition to any other remedy awarded. In the event any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extend permissible and the remaining portions of this Agreement shall remain in full force and effect. You may not transfer or assign any of your rights or obligations provided in this Agreement without the express prior written approval of MOOVME; MOOVME may assign this Agreement without restriction of any kind. No failure on the part of MOOVME to enforce any provision of this Agreement shall be deemed a waiver or consent. This Agreement constitutes and contains the entire agreement and understanding between you and MOOVME with respect to the subject matter hereof and supersedes any prior oral or written agreements or understandings.
(a) THE SERVICES AND ANY ACCOMPANYING DOCUMENTATION AND MATERIAL ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. WITHOUT LIMITING THE INTENDED GENERALITY OF THE PRECEDING SENTENCE, MOOVME DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION THEREOF (i) WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED; (ii) IS COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (iii) IS FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (iv) IS FREE OF DEFAMATORY, DEROGATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL THAT SOME INDIVIDUALS MAY DEEM OFFENSIVE OR OBJECTIONABLE. TO THE FULLEST EXTENT ALLOWED BY LAW, MOOVME DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(b) MOOVME IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL MOOVME BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE SERVICES, ANY USER-GENERATED CONTENT POSTED ON THE SITE OR TRANSMITTED TO ANOTHER USER, OR ANY TRANSACTIONS BETWEEN OR AMONG YOU AND OTHER USERS, WHETHER ONLINE OR OFFLINE.
(c) THE SERVICES ARE CONTROLLED AND PROVIDED BY MOOVME FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MOOVME MAKES NO REPRESENTATION THAT THE SITE OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO VOLUNTARILY AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS APPLICABLE TO YOUR LOCATION.
TO THE FULLEST EXTENT ALLOWED BY LAW, MOOVME, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SAME. YOU UNDERSTAND AND AGREE THAT MOOVME CANNOT AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OF YOUR USER GENERATED CONTENT OR ANY INTERRUPTIONS OF SERVICES, INCLUDING BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR A DISRUPTION OF SERVICES.
BY USING THE MOOVME SERVICES YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.