· Movellas Terms of Service
· Movellas Content Policy
MOVELLAS TERMS OF SERVICE
Welcome to Movellas!
Movellas ApS (“Movellas”) owns and operates the internet site located at http://www.movellas.com and its affiliated websites, including any blog and discussion boards contained therein (collectively, the “Website”).
- AGREEMENT WITH MOVELLAS
1.1 By accessing, browsing or using this Website (including any users who are also contributors of Content as defined below), you agree to abide by and to be bound by these Terms of Service ("Terms") and the following terms and conditions and policies, including any future amendments thereto (collectively, the "Agreement"):
- Movellas Terms of Service - Movellas’ general terms and conditions
- Movellas Content Policy – Our guidelines for submissions on the Website in order to promote free expression and responsible publishing
1.2 This Agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms, do not access, browse or use this Website. Please review the terms and conditions of this Agreement carefully.
1.3 Movellas reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Website. Therefore you must look at the Terms regularly to check for such changes. Your continued use of the Website after the date of any modification of the Terms will constitute your acceptance of the modified Terms.
1.4 If you do not accept and abide by this Agreement, you may not use the Website.
- DESCRIPTION OF SERVICE
2.1 Movellas is an online social community platform, which provides web publishing and hosting services (the "Service").
2.2 You understand and agree that the Service is provided to you on an “as is” and “as available” basis for your personal use only. Movellas disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Movellas also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- USE OF SERVICE
3.1 You agree:
a) that you are responsible for your own use of the Service, for any posts you make and for any consequences thereof; and
b) that you will use the Service in compliance with all applicable local, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence; and
c) to abide by the Movellas Content Policy and the rules and restrictions therein.
3.2 Violation of clause 3.1(a)-(c) may result in immediate termination of this Agreement and may subject you to penalties and other legal consequences.
3.3 By its very nature, the Website may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabelled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgement when using the Website.
3.4. As Movellas is a community of mostly young adult readers and writers, we do expect that if you are over the age of 16 and your writing contains adult content, that you clearly mark your content as such, a Red category on our rating system.
3.5 Furthermore, if you are under the age of 16 but have published a movella that includes content of an explicit sexual nature, Movellas will, upon receiving notifications or discovering the movella, unpublish it and ask the author to edit out the explicit content before republishing. If the user republishes with sexually explicit content, Movellas will deactivate their account.
3.6 Movellas does not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
3.7 Movellas may offer the Service through applications built using Movellas’s platform (“Movellas Applications”). Examples of Movellas Applications include its smart phone applications (Movellas for [iPhone] or other mobile phones), and Movellas’ other interactive plugins distributed on websites across the web. If you use a Movellas Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Service, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Movellas plugins that load in your browser may be communicated to us.
Further, by importing any of your Movellas data through the Movellas Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. You acknowledge you are responsible for all charges and necessary permissions related to accessing Movellas through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
- MOVELLAS ACCOUNT
4.1 In order to access some features of the Website or other elements of the Service, including submitting any Content, you will have to create a Movellas account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Movellas account password secure and confidential.
4.2 You must notify Movellas immediately of any breach of security or unauthorised use of your Movellas account that you become aware of for the duration of these Terms and after these Terms have expired.
4.3 You agree that you will be solely responsible (to Movellas, and to others) for all activity that occurs under your Movellas account.
5.1 "Content" shall mean text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
5.2 As a Movellas account holder you may submit Content. You understand that whether or not Content is published, Movellas does not guarantee any confidentiality with respect to Content.
5.3 You retain all of your ownership rights in your Content, but you are required to grant certain license rights to Movellas and other users of the Service. These are described in clause 9.2 of these Terms (Your Intellectual Property Rights / Rights you license to Movellas).
5.4 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Movellas does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Movellas expressly disclaims any and all liability in connection with Content.
5.5 You represent and warrant that:
(a) you are the sole owner of and/or hold all rights in and to your Content; and
(b) you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Movellas to use your Content for the purposes of the provision of the Service by Movellas, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
5.6 You agree that your conduct on the Website and any submission of Content through the Website shall comply with the Movellas Content Policy, as updated from time to time.
5.7 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country, state, or locality in which you are resident, or which it would be unlawful for Movellas to use or possess in connection with the provision of the Service.
5.8 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Movellas the license referred to in clause 9.2 below. Also, you agree not to copy, reproduce, alter, modify or create derivative works from any Content submitted by other users of the Website, unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Movellas the license referred to in clause 9.2 below. You agree to indemnify and hold Movellas and its officers, directors, employees and agents liable from and against any claims, losses, costs, expenses (including legal fees), damages and liabilities related to or associated with your breach of this paragraph 5.8.
5.9 On becoming aware of any potential violation of these Terms, Movellas reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
5.10 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Movellas with respect to any such Content.
6.3 Personal information collected by Movellas may be stored and processed in any country in which Movellas ApS or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside your country.
- GENERAL PRACTICES REGARDING USE AND STORAGE
7.1 You agree that Movellas has no responsibility or liability for the deletion of or the failure to store or to transmit, any Content and other communications maintained by the Service.
7.2 Movellas retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
- CONTENT OF THE SERVICE
8.1 Movellas takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Movellas have any obligation to monitor such third-party content.
8.2 Movellas reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
8.3 Movellas also reserves the right to access, read, preserve and disclose any information as it reasonably believes is necessary to
(a) satisfy any applicable law, regulation, legal process or governmental request;
(b) enforce this Agreement, including investigation of potential violations hereof;
(c) detect, prevent or otherwise address fraud, security or technical issues;
(d) reply to user support requests; or
(e) protect the rights, property or safety of Movellas, its users and the public.
8.4 Movellas will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- INTELLECTUAL PROPERTY RIGHTS
9.1 Movellas’ Intellectual Property Rights
9.1.1 You acknowledge that Movellas owns all right, title and interest in and to the Service, including all intellectual property rights (the "Movellas Rights"). You understand and acknowledge that Movellas Rights have been developed through the investment of considerable time, effort, and capital.
9.1.2 Movellas Rights are protected by international intellectual property laws (including Danish, US and UK intellectual property laws). Accordingly, you agree that you will not copy, reproduce, alter, modify or create derivative works from the Service, including any source code of the Website. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Service. Furthermore, you agree not to violate any measure employed by Movellas to limit or prevent access to the Service, violate the security of the Service or attempt to gain unauthorized access to the Service, or impersonate any person or entity to gain illicit access to the Service.
9.1.3 As described in clause 8.1, Movellas Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
9.2 Your Intellectual Property Rights / Rights You License to Movellas
9.2.1 Movellas claims no ownership or control over any Content submitted, posted or displayed by you on or through the Website. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate.
9.2.2 By submitting, posting or displaying Content on or through Website, you grant Movellas a royalty-free, irrevocable, perpetual, worldwide, transferable and fully sublicensable, non-exclusive, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such Content, in whole or in part in any form, media or technology now known or later developed on the Website for the purpose of displaying and distributing the Service. You hereby waive any moral rights you may have in any Content submitted by you and you hereby grant each user of the Website a non-exclusive license to access the Content submitted by you through the Website. You understand and agree, however, that Movellas may retain, but not display, distribute, or perform, server copies of Content submitted by you that have been removed or deleted.
9.2.3 Movellas furthermore reserves the right to refuse to accept, post, display or transmit any Content at its sole discretion.
9.2.4 You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
9.3 Movellas content on the Website
9.3.1 With the exception of Content submitted to the Website by you, you are not granted any right and/or license, or ownership including any copyright, trade mark and other intellectual property rights to any Content, other than as explicitly set forth in these Terms.
9.3.2 Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Movellas or, where applicable, Movellas’ licensors. Movellas and its licensors reserve all rights not expressly granted in and to their Content.
- COPYRIGHT POLICY
10.1 Movellas operates a clear copyright policy in relation to any Content which is alleged to infringe the copyright of a third party.
10.2 If you believe that your copyright has been infringed on the Service, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:
a) A statement that you have identified Content on the Website that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);
b) A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book, article, etc.) and any relevant further details (such as the title and date of publication, as applicable);
c) The country or countries to which your copyright applies;
d) A description of the way in which the copyright material has been infringed;
e) A description of where the material that you claim is infringing is located on our Website (including a URL and screen shot);
f) Your address, telephone number, and email address so that we may get in contact with you;
g) A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
h) A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
i) An electronic or physical signature (which may be a scanned copy) of the copyright owner.
10.3 A complaint can be submitted by:
a) Sending a letter to our registered office address, Attn: Copyright Infringement Notification.
b) sending us an email to the following email address: firstname.lastname@example.org, Attn: Copyright Infringement Notification.
10.4 As part of Movellas' copyright policy, Movellas will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
- NO RESALE OF THE SERVICE
Unless expressly authorised in writing by Movellas, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service or (c) access to the Service.
- TERMINATION, SUSPENSION
12.1 Movellas may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement or suspend or terminate your Movellas account.
12.2 In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.
12.3 Sections 2, 3, 5, 6, 7, 8, 9 and 11 - 16 of the Agreement shall survive expiry or termination.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
13.1 Nothing in these Terms shall exclude or limit Movellas' liability for losses which may not be lawfully excluded or limited by applicable law. For the avoidance of doubt, and without limiting the foregoing, in certain jurisdictions including England and Wales, liability for personal injury and death may not be excluded or limited and the provisions of this Clause 13 do not seek to exclude or limit any such liability in such jurisdictions.
13.2 Subject to the overall provision in paragraph 13.1 above Movellas shall not be liable to you for:
a) ANY INDIRECT, CONSEQUENTIAL OR UNFORESEEABLE LOSSES WHICH MAY BE INCURRED BY YOU, INCLUDING ANY LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA SUFFERED BY YOU;
b) any loss or damage which may be incurred by you as a result of:
i. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. any changes which Movellas may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. your failure to provide Movellas with accurate account information;
v. your failure to keep your password or Movellas account details secure and confidential.
13.3 You agree to indemnify and hold Movellas and its subsidiaries, affiliates, officers, agents and employees harmless from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, and litigation costs and lawyers' fees, of every kind and nature. In such a case, Movellas will provide you with written notice of such claim, suit or action.
- ENTIRE AGREEMENT
14.1 This Agreement constitutes the entire agreement between you and Movellas and governs your use of the Service, superseding any prior agreements between you and Movellas.
- WAIVER AND SEVERABILITY OF TERMS
15.1 The failure of Movellas to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
15.2 If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
- CHOICE OF LAW, JURISDICTION, FORUM
16.1 These Terms will be governed by and construed in accordance with the laws of Denmark, without giving effect to its conflict of laws provisions or your actual state or country of residence.
16.1 Any claims, legal proceedings or litigation arising in connection with the Service will be brought solely in City Court of Copenhagen (Københavns Byret), Copenhagen, Denmark, and you consent to the jurisdiction of such court.
If we use the below mentioned information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
- PERSONAL INFORMATION
1.1 Movellas asks for some personal information when you sign up to use Website, including your email address and a password, which are used to protect your account from unauthorised access.
1.2 In addition to publishing your submissions of Content, you may also provide additional profile information, such as a photo, birthday, location, etc. and you can edit your profile at any time on our profile administration page.
1.3 Movellas servers may automatically record information about your use of the Website and the services and products provided therein, such as when you use Website and the frequency and size of data transfers. Information displayed or clicked in the Website interface (including UI elements, settings and other information) is also recorded. If you are logged in, we may associate that information with your account.
[1.4 If you choose to use Website Mobile, we will record your phone number when you send a text message, photos, or SMS to or from Movellas. Your phone number may be associated with your Movellas Account or, if you do not have a Movellas Account, with some other similar account ID. We often generate this account ID based on your device and hardware IDs, so if you change your device or hardware, you will have to re-associate this new device or hardware with your account before we can authenticate you.]
2.1 Movellas stores and maintains your account information and copies of your submissions, weblog posts, comments, etc. including drafts, in order to provide the services contemplated by the Website.
2.2 When you send email or other communications to Movellas, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. When you send and receive SMS messages to or from one of our services that provides SMS functionality, we may collect and maintain information associated with those messages, such as the phone number, the wireless carrier associated with the phone number, the content of the message, and the date and time of the transaction. We may use your email address to communicate with you about our services.
- INFORMATION SHARING
3.1 Movellas only shares personal information with other companies or individuals outside of Movellas in the following limited circumstances:
a) We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
c) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or enforceable governmental request, (ii) enforce applicable Terms of Service, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect against harm to the rights, property or safety of Movellas, its users or the public as required or permitted by law.
d) Without your consent, personal information stored on our servers may be transferred to a successor in interest in connection with any merger, business combination, sale of assets or other transaction effected with a bonafide business purpose.
- YOUR CHOICES
4.1 You can change your Website account settings, including your profile information, at any time in the “ME / Edit Profile” section of Website. You can edit, save drafts and remove your submissions, weblog posts, comments at any time, as described in Website Help.
4.2 If you delete your weblog, we will remove all posts from public view. Because of the way we maintain this service, residual copies of your profile information and other information associated with your account may remain on back-up media.
- INFORMATION SECURITY
5.1 We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
5.2 We restrict access to personal information to Movellas employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
- ACCESSING AND UPDATING PERSONAL INFORMATION
6.1 We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
6.2 Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. Please review the service Help Centers for more information.
7.1 Movellas complies with the Danish Act on Processing of Personal Data (Act No. 429 of 31 May 2000) which entered into force on 1 July 2000 and which implements Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
- CHANGES TO THIS PRIVACY NOTICE
- MORE INFORMATION
9.1 If you have additional questions, please contact us any time. You will find the address at: http://www.movellas.com/en/info/contact :
MOVELLAS CONTENT POLICY
We invite you use the Service and submit your “Movellas” on the Website.
It is our hope that you will take the opportunity to share your original Movellas with the Movellas community through the Website and otherwise participate in the interactive forums available through the Website. In order to promote free expression and responsible publishing, we ask that you follow the rules outlined below.
You agree that you will comply with all of the other provisions of the Terms and the Movellas Content Policy at all times during your use of the Service.
By submitting Content, you are consenting to these rules:
- You agree not to submit inappropriate content.
Inappropriate content includes any content that:
· infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person is libelous or defamatory
· is obscene or pornographic
· violates a person's right to privacy
· violates any local, state, national, or international law
· advocates illegal or violent acts
· degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification
· is predatory, hateful, or intended to intimidate or harass
· contains advertising or solicitation of any kind
· misrepresents your identity or affiliation
· impersonates others
- You agree that you are fully responsible for the Content that you submit.
You will promptly remove any Content that you have posted should you discover that it violates these Content Policy or the Terms or that it is otherwise inappropriate.
- You understand and agree that Movellas is not responsible for any user submitted Content.
You further understand that we have the right, but not the obligation, to monitor submissions and we may remove content that we deem inappropriate for any reason whatsoever without consent. We further reserve the right, in our sole discretion, to remove a user's privilege to post Content on the Website.
- You certify that you are at least 13 years of age.
If you are under the age of 13, please do not submit any Content to us. If you are under the age of 18 but at least 13 years of age, you may submit content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her submissions and any legal liability that he or she may incur.
- You certify that you have the permission of others who have contributed to or are featured in any Content that you submit.
If there are any individuals under the age of 18 in any text, photos, video, or other Content that you submit, you must obtain the permission of each such individual's parent or legal guardian prior to submitting the Content.
- You acknowledge and agree any use and/or reliance on any information obtained through the website, including any interactive forums, at your own risk.
We are not in any manner endorsing the Content of the Website and cannot and will not vouch for its reliability.
- For any Content that you submit, you give us permission to use such Content.
In accordance with clause 9.2 of the Terms, you hereby grant to Movellas ApS a royalty-free, irrevocable, perpetual, worldwide, transferable and fully sublicensable, non-exclusive, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.
- You are not allowed to make any modifications to the Website or the Service.
You agree not to alter or modify any part of the Website or any of the Service;
- You are only allowed to use the Service or the Website for your personal use.
You agree only to use the Service or the Website for your personal use only and not to use the Service or the Website for any commercial use, including without limitation the following uses, unless you obtain Movellas’ prior written approval:
a) the sale of access to the Service;
b) the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
c) the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Movellas appears on the same page and is of sufficient value to be the basis for such sales.
You agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise You further agree not to solicit, for commercial purposes, any users of the Website with respect to their Content.
- No copying or reproduction of Content without Movellas’ prior consent.
You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content (including any other user submissions) for any other purposes without the prior written consent of Movellas.
MOVELLAS [IPHONE] APPLICATION
This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and Movellas ApS ("Movellas"). By downloading, installing, or using the Movellas for [iPhone] Application (the "Software"), you agree to be bound by the terms of this EULA and the Movellas Terms of Service available at http://www.movellas.com/legals/terms-and-conditions. If you do not agree to the EULA or the Terms of Service, do not check the "I accept the terms" box and do not use the Software.
You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA and the Movellas Terms of Service available at http://www.movellas.com/legals/terms-and-conditions.
The Software is provided to you under this EULA solely for your private, non-commercial use.
Use of the Software or of the services offered by Movellas on the internet site located at http://www.movellas.com and its affiliated websites (“Service”) within an organization or the use of multiple copies of the Software (except a back-up copy) requires a commercial license for the Software.
- DESCRIPTION OF SOFTWARE
1.1 The Movellas for [iPhone] application is a downloadable software application for that enables you to access the Movellas Service directly from your [iPhone] device.
1.2 You may download the Software whether or not you use the Movellas Service, but you must associate it with your Movellas account to enable its full functionality. [If you choose to use the Service, either as an existing member or by joining the Service, the Software enables you to directly access the Service, including your Movellas contacts’ profile information, and network updates.
2.1 Movellas hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to:
· Use the Software for your own personal use;
· Install the Software on only one (1) [iPhone] device; and
· Make one (1) copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
3.1 The Software is protected by international intellectual property laws (including Danish, US and UK intellectual property laws).
3.2 Title, ownership, rights, and intellectual property rights in and to the Software shall remain with Movellas.
4.1 You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
4.2 You may not:
· Create derivative works based on the Software;
· Use the Software for any purpose other than as described herein;
· Copy or reproduce the Software except as described in this EULA;
· Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
· Alter, translate, decompile, reverse assemble or attempt to reverse engineer the Software; or
· Remove or alter any proprietary notices or marks on the Software.
4.3 All rights to the Software not expressly granted herein are reserved by Movellas.
- PERSONAL INFORMATION AND PRIVACY
5.1 We may ask you to provide certain information about you during the Software downloading process.
- NO WARRANTY
MOVELLAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. MOVELLAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
- RIGHT TO TERMINATE OR MODIFY THE SOFTWARE
Movellas may modify the Software and this EULA with notice to you either in email or by publishing notice on the Website, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event Movellas modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Movellas may terminate your use of the Software, the EULA or the Movellas Service at any time, with or without notice.
- AGE RESTRICTIONS
The Software is not intended for use by persons under the age of 14 years and may not be used by anyone under such age.
By accepting the EULA, you agree to indemnify and otherwise hold harmless Movellas ApS, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOVELLAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOVELLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL MOVELLAS'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO MOVELLAS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11.1 The EULA between you and Movellas ApS will be governed by and construed in accordance with the laws of Denmark, without giving effect to its conflict of laws provisions or your actual state or country of residence.
11.2 Any claims, legal proceedings or litigation arising in connection with the Software or the Service will be brought solely in City Court of Copenhagen (Københavns Byret), Copenhagen, Denmark, and you consent to the jurisdiction of such court.
11.3 You may not assign this EULA, and any assignment of this EULA by you will be null and void. Movellas, the Movellas logo, and other Movellas logos and names are trademarks of Movellas ApS. You agree not to display or use these trademarks in any manner without Movellas' prior, written permission.