Effective Date: January 1, 2018
3. Ownership. All content included on the Site is and shall continue to be the property of Movley or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site
4. Trademarks. Movley, the Movley logo, and other tradenames, logos, or designations used on the Site are either trademarks of Movley or its affiliates or licensed to Movley. Other product and company names mentioned on the Site may be trademarks of their respective owners.
5. Site Use. Movley grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of Movley and Movley may terminate your use of this Site at any time.
6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
7. Indemnification. You agree to indemnify, defend and hold Movley and our members, partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement, use of the Site, or violation of any conditions applicable to services provided.
8. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MOVLEY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES,
THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MOVLEY OR ANY OF ITS MEMBERS, EMPLOYEES, AGENTS, OWNERS, ATTORNEYS, REPRESENTATIVES, OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
11. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent listed below:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Site;
d) Your address, telephone number, and e-mail address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be contacted by emailing the notice and above-mentioned information to [email protected]
12. Applicable Law. You agree that the laws of the State of Delaware, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Movley or its affiliates. The state and federal courts located nearest Movley’s principal place of business shall have exclusive jurisdiction over all claims or disputes arising hereunder or related to services provided, and you agree to submit to the personal jurisdiction of such courts.
13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Waiver. The failure of the Site to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Movley must be in writing and signed by an authorized representative of Movley.
15. Termination. Movley may terminate this Agreement at any time, with or without notice, for any reason.
16. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
18. Contact Us. If you have any questions or comments, please contact us.