This agreement (“Agreement”) is a contract between you and (“Moove”) and governs your use of the Moove services (the “Service”). By using the Moove services, you agree to be bound by the following terms and conditions (the “Terms of Service”), whether or not you register as a member (“Member”).
By accessing the Moove application, you agree to be bound by these Terms of Service, whether or not you create a Moove account. If you wish to create a Moove account and make use of the Service, please read these Terms of Service.
No part of Moove is directed to persons under the legal age. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
Moove may retain the Information for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide the Services, even after you have discontinued or deleted any account, or after the end of the provision of the Services, if retention of such Information is reasonably necessary to comply with legal obligations, meet regulatory requirements, resolve disputes between users, prevent fraud, or any other use. Standard usage charges for SMS, MMS and other data charges may apply and may be billed on your wireless service bill or deducted from your prepaid balance.
The Service is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Moove. Illegal and/or unauthorized use of the Service will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Moove for any illegal or unauthorized use of the Service.
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
a. You understand and agree that Moove may review and delete any content, messages, photos, profiles, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that in the sole judgment of Moove violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Service, you hereby grant to Moove the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the Service, including without limitation distributing part or all of the Service in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Service.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Service. Moove reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the legal age in a sexual or violent manner, or solicits personal information from anyone under the legal age; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Moove cannot monitor the conduct of its Members off the Service, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Moove reserves the right to restrict the number of messages which a Member may send to other Members in any period to a number which Moove deems appropriate in its sole discretion.
h. You may not attempt to impersonate another user or person who is not a member of Moove.
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
You are solely responsible for your interactions with other Moove Members. Moove, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
Moove is not responsible for any incorrect or inaccurate Content posted in connection with the Service provided, whether caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Moove is not responsible for the conduct, whether online or offline, of any user or Member of the Service. Moove assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Moove is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Moove be responsible for any loss or damage, including personal injury or death, resulting from use of the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Service is provided “AS-IS” and Moove expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Moove cannot guarantee and does not promise any specific results from use of the Service. Moove takes no responsibility for third party advertisements which are posted on this Moove Website Service, nor does it take any responsibility for the goods or services provided by its advertisers.
From time to time, Moove may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in app purchases.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at [email protected] and ensure that you log out from your account at the end of each session.
If there is any dispute about or involving the Service, by using the Service, you agree that any dispute shall be governed by the laws of the State of Delaware without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.
You agree to indemnify and hold Moove, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Moove and any User of the Service.
This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Moove regarding the use of the Service. The failure of Moove to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Moove is a trademark of Moove, Inc. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© Moove 2016