Terms of Use www.movetv.tv - Effective Date: 11/20/11
Welcome to the Move web site and various other web sites and web pages operated by Move the Film, LLC ("Move" or “us”) or its affiliates (the "Move Web Site(s)"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE MOVE WEB SITES.
The Move Web Sites are offered to you conditioned on your acceptance without modification of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Move Websites. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Move Web Site following the posting of changes to these terms will mean you accept those changes. Your use of a particular Move Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests, ticket purchasing or chat areas), and that are outlined on that Move Web Site (the "Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Move Web Site, then these terms shall control.
The following are the terms and conditions for use of the Move Web Sites. These Terms of Use applies to the Move Web Sites and does not apply to the content of third parties.
1. Move Web Site Accounts. If a particular Move Web Site or any product or service offered on any Move Web Site (each a "Move Site/Service", and collectively "Move Web Sites/Services") requires you to open an account, you must complete the registration process by providing Move with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You agree to notify Move immediately of any unauthorized use of your account or any other breach of security. Move will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Move or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder. It is our policy to respect the privacy of all customers and users of the Move Web Sites. Move may use the information we collect from you in a variety of ways, subject to the terms of our .
2. Limited License; Restrictions. You are granted a limited license to use and/or download the materials contained on the Move Web Sites to a single personal computer, and to print a hard copy of the materials contained on the Move Web Sites, solely for your personal, non- commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases, Move must be acknowledged as the source of the material. Use of the materials contained on the Move Web Sites on any other Internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and full compliance with these terms of use. The content available through the Move Web Sites/Services is the property of Move or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Move Web Sites/Services. You acknowledge that Move retains exclusive ownership of the Move Web Sites/Services and all intellectual property rights
Privacy Policy
associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the Move Web Sites/Services or their contents, and Move reserves all rights not expressly granted hereunder.
3. Communication Services. The Move Web Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By using the Communication Services on the Move Web Sites, you expressly agree to adhere to the prohibitions herein. We reserve the right to remove or edit content from the Communication Services at any time and for any reason. By uploading materials to any forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in the Communication Services, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in the Communication Services may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
Move has no obligation to monitor the Communication Services. However, Move reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. If you are aware of misuse of the Move Web sites/Services, please contact ______________. Move reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Move reserves the right at all times to disclose any information as Move deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Move's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Move does not control or endorse the content, messages or information found in any Communication Service and, therefore, Move specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Move spokespersons, and their views do not necessarily reflect those of Move. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
4. No Unlawful Or Prohibited Use. As a condition of your use of the Move Web Sites/Services, you will not use the Move Web Sites/Services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices or causes damage to any third party. You agree to use the Move Web Sites/Services and/or the Communication Services only as expressly detailed herein. By way of example, and not as a limitation, you agree that when using the Move Web Sites/Services or Communication Services, you will not:
•defame, abuse, harass, harm or threaten others; •make any bigoted, hateful, or racially offensive statements; •advocate illegal activity or discuss illegal activities with the intent to commit them or
cause injury or property damage to any person; •post or distribute any material that infringes and/or violates any right of a third party
or any law; •post or distribute any vulgar, obscene, discourteous, or indecent language or images; •advertise or sell to or solicit others; •use the Move Web Sites or Communication Services for commercial purposes of any
kind; •post or distribute any software or other materials that contain a virus or other harmful
component; •post material or make statements that do not generally pertain to the designated topic
or theme of any chat room or bulletin board; •restrict or inhibit any other user from using and enjoying the services or features of
the Move Web Sites; •forge headers or otherwise manipulate identifiers in order to disguise the origin of
any content displayed by, or transmitted over, the Move Web Sites; • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are
designated for such purpose; •use the Move Web Sites to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity; •interfere with or disrupt any servers or networks used to provide the Move Web Sites
or its features, or disobey any requirements, procedures, policies or regulations of the
networks we use to provide the Move Web Sites; •gain, or attempt to gain, unauthorized access to the Move Web Sites, or any account,
computer system, or network connected to the Move Web Sites, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
•obtain or attempt to obtain any materials or information through any means not intentionally made available through the Move Web Sites; or
•gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Move Web Sites.
5. Materials Provided To Move Or Posted At Any Move Web Site. Move does not claim ownership of the materials you provide to Move (including feedback and suggestions) or post, upload, input or submit to any Move Site/Service or its associated services for review by the general public, or by the members of any public or private community (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission, you are granting Move, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Move Web Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Move Site/Service. No compensation will be paid with respect to the use of your Submission, as provided herein. Move is under no obligation to post or use any Submission you may provide and Move may remove any Submission at any time in Move’s sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this User Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In connection with your Submissions, you agree that you will not submit material unless you are the owner of the copyrights, applicable trade secrets or other proprietary rights and any other rights including, with out limitation, rights of privacy or publicity, or you have permission from the rightful owner of such rights to post the material and to grant Move all of the licenses and rights required to be granted herein. You further agree that you will not, in connection with Submissions, submit material that is inappropriate (see above) or contrary to applicable law or regulations.
6. Notifications Of Material That Violates Third Party Rights. If you are the owner of a copyright or other proprietary rights or an agent thereof and believe that any Submission or other content infringes upon your rights, you may submit a notification by providing us with the following information in writing:
•a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
•identification of the right claimed to have been infringed; •identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit Move to locate the material; •information reasonably sufficient to permit Move to contact you, such as an address,
telephone number, and, if available, an electronic mail address; •a statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the owner of such rights or the law; and •a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed. •You acknowledge that if you fail to comply with all of the requirements of this User
Agreement, your notice may not be valid.
If your Submission was removed and you believe it was not infringing or offensive, you may send a counter-notice containing the following information to Move:
•your physical or electronic signature; •identification of the content that has been removed and the location at which the
content appeared before it was removed; •a statement that you have a good faith belief that the content was removed as a result
of mistake or a misidentification of the content; and •your name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the state or federal court in Los Angeles, California and
a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Move may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at Move's sole discretion.
7. DISCLAIMERS. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MOVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, MOVE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE. MOVE MAKES NO WARRANTY THAT ANY MOVE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
While we try to provide accurate information on the Move Web Sites, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the Move Web Sites or sites that link to or from the Move website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Move website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please let us know if you discover any inaccuracy in our website content.
8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER MOVE NOR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PARENTS, OWNERS, MEMBERS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES (COLLECTIVEY, THE "RELEASEES") WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF MOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN
ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE RELEASEES FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
9. Indemnification. You agree to defend, indemnify and hold harmless the Releasees from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees arising out of: your use of the Move Web Sites; any material you post, upload, e-mail or otherwise transmit to or using the Move Web Sites; or your violation, breach or alleged violation or breach of these Terms of Use.
10. Termination/Access Restriction. Move reserves the right, in its sole discretion, to terminate your access to any or all Move Web Sites/Services and the related services or any portion thereof at any time, without notice. Move may also terminate or suspend your access to Move Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Move. Upon termination of the Move Site/Service, your right to use the Move Site/Service Immediately ceases. Move shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
Move will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay Move liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Move's actual damages, to the extent such actual damages can be reasonably calculated.
11. Links To Third Party Sites. The Move Web Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Move, and Move is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Move is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Move responsible if the Linked Site is not working appropriately. Move is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Move of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including without limitation advertisers, mobile application providers, etc.) included within the Move Web Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Move shall not be responsible or liable for any part of any such dealings or promotions.
12. Wireless. You will only receive Move text alerts when you request them by entering a mobile promotion, which includes but is not limited to any contest, sweepstakes, or offer for
products sponsored by Move or its affiliates. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier. Check with your wireless carrier or review the terms of your wireless plan for details. Under no circumstances will the Releasees be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion.
13. Governing Law. Those who choose to access the Move Web Sites do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the California State Laws. Any dispute under these terms shall be subject to the exclusive jurisdiction of the state and federal courts of Los Angeles County, California State and, by using the Move Web Sites, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
14. Mandatory Binding Arbitration, Applicable Law, Forum. Those who choose to access the Move Web Sites do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. These terms shall be governed by and construed in accordance with the internal, substantive law of the State of California, applicable to contracts negotiated, executed, and fully performed within that State, regardless of where performance of this Agreement may actually occur. For any claim submitted to arbitration, the burden of proof shall be as it would be if the claim were litigated in a judicial proceeding and the decision shall be based on the application of internal substantive California law.
ALL CONTROVERSIES, DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS OF USE OR THE USE OF THE MOVE WEBSITES AND ANY CONTENT CONTAINED THEREIN SHALL BE DETERMINED PURSUANT TO THE MEDIATION AND ARBITRATION PROCEDURES OF JAMS, AND ADMINISTERED BY JAMS OR ITS SUCCESSOR (“JAMS”) IN ACCORDANCE WITH THE COMPREHENSIVE RULES AND PROCEDURES, INCLUDING THE OPTIONAL APPEAL PROCEDURE, OF JAMS (“JAMS RULES”). THE PARTIES SHALL ENDEAVOR FIRST TO ATTEMPT TO RESOLVE THE CONTROVERSY OR CLAIM THROUGH MEDIATION ADMINISTERED BY JAMS BEFORE COMMENCING ANY ARBITRATION. MEDIATION AND ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES COUNTY . ANY MEDIA TION AND/OR ARBITRA TION SHALL BE CONFIDENTIAL (EXCEPT AS INFORMATION MAY BE REQUIRED IN ANY JUDICIAL PROCEEDING BROUGHT TO ENFORCE THESE ARBITRATION PROVISIONS OR ANY AWARD RENDERED HEREUNDER). TO THE EXTENT PERMITTED BY LAW, YOU WAIVE THE RIGHT TO SEEK PUNITIVE OR EXEMPLARY DAMAGES AND IN NO EVENT SHALL MOVE BE LIABLE FOR SUCH DAMAGES. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT ANY REMEDIES YOU HAVE WAIVED (INCLUDING, WITHOUT LIMITATION, ANY WAIVER OF PUNITIVE OR EXEMPLARY DAMAGES CONTAINED IN THESE TERMS OF USE. ANY ARBITRATION AWARD SHALL BE FINAL AND BINDING UPON THE PARTIES.
15. Information for International Users. This website is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws
regarding the transmission of data exported from the United States or the country in which you reside.
16. Miscellaneous. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and Move. Any waiver of any provision of these terms must be in writing signed by Move to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.
COPYRIGHTS © / TRADEMARKS TM © 2012 Move the Film, LLC. All applicable copyrights and trademarks are owned by Move the Film, LLC and/or its related entities or are used under license. All rights reserved. All applicable Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than as contemplated in this Agreement. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in the Services are expressly prohibited.
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