Terms and Conditions - Revision as of August 18, 2006
Before using MoveNetworks.com, please review the following terms and conditions (the Agreement) which define your rights, responsibilities and benefits as a user of our service.
Move Networks License and Terms and Conditions of Use
The MoveNetworks.com website and video viewing functionality together are an Internet service (the “Service”) owned and operated by Move Networks, a service provider ("we", "our" or "us"). "You" or "your" means an adult user of the Service and you as the parent or guardian of any minor who you allow to access the Service, for whom you will be held responsible. By using the Service, you indicate you agree with these terms and are bound by this Agreement with us. If you do not find these terms and conditions agreeable, your only recourse is to discontinue using the Service. We may change, amend, or otherwise update this Agreement at discretion at any time. Your continued use of the Service indicates your acceptance of such changes. If you don’t agree with any change that is made, your only recourse is to stop using the Service. Otherwise you are bound by such changes.
Move Networks includes video footage, graphics, descriptive text, data, and other content accessible by any site visitor, and other content that can only be accessed as a registered site user or paying subscriber to the Service “(the Content)”. All Content, whether freely available or available only to paying customers, is owned and/or copyrighted by Move Networks or third-party providers. Said content may be used only in accordance with this limited use license. MoveNetworks.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Limited Use LICENSE
You are licensed to use the Content only for personal, non-commercial purposes. You may only view, purchase, and/or download content that is for your personal, non-commercial viewing. The sharing or download of any content beyond the ability provided within the Service is prohibited. Editing, modifying, or reselling any work or portion thereof is prohibited. Online or other republication of Content is prohibited, except as through the features and methods provided within the Service. Violation of this License may result in immediate termination of your membership and may result in legal action for injunction, damages or both. You may access software and content provided on the Service only as permitted by the Service. You can not copy, download, reuse or distribute that software or Content, except in instances where it is clearly stated within the Service that such behavior is explicitly sanctioned.
User provided content and communications
Portions of the Service will contain content provided by site visitors and customers, to which you may contribute appropriate content. For this content, Move Networks is a distributor only. By submitting content to Move Networks, you grant Move Networks, the corporate host of the Service, a license to the content to use, host, distribute that Content and allow hosting and distribution of that Content, to the extent and in that form or context we deem appropriate. Should you contribute content to the site, you understand that it will be seen and used by others under the license described herein. You should submit only content which belongs to you and will not violate the property or other rights of other people or organizations. Move Networks is sensitive to the copyright of others. We will not edit or monitor user provided content; however, we reserve the right to remove any user provided content that comes to our attention and that we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, or is in any other way objectionable.
LIABILITY DISCLAIMER
The Content, features, information, and services included in the Service may include mistakes and errors. Changes are periodically made to the Content. We and our third party suppliers provide all Content in this Service "AS IS", and without any warranty of any kind, including any preservation of the Content for future access.
Move Networks and third-party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
Move Networks may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties will provide terms and conditions different from those found here. Move Networks makes no warranty concerning third-party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Move Networks.
Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.
Additional Registered Client Terms
1. REGISTRATION AND SECURITY
1.1 As part of the registration process, you will select a username and password. You must provide Move Networks with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. As you submit information, you understand that MoveNetworks.com is owned and operated by Move Networks. The Site is operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the United States. Registration as a user or subscriber to this site or any of the services provided on it results in your customer information being stored and processed in the United States, and you, in registering, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the PRIVACY STATEMENT of Move Networks. You may and should review and correct this information regularly.
1.2 You shall notify us by regular mail or by e-mail at support@MoveNetworks.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of Ancestry, its owners or agents.
1.3 You are responsible for all usage or activity on Move Networks via your password account. Distribution of your password to others for access to MoveNetworks.com is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
3. COMMUNICATIONS BETWEEN MOVE NETWORKS AND YOU.
Move Networks will send electronic mail to you for the purpose of informing you of changes or additions to Move Networks, or of any related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word "unsubscribe" (without the quotes) in the subject line. For further information on our use of member information, see the Privacy Statement on the Service.
4. TERMINATION
Should you breach this Agreement we will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend your subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.
5. MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE.
Move Networks has the right, at its sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service will be posted on MoveNetworks.com, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, your only recourse is to discontinue usage of the site.
6. MISCELLANEOUS
6.1 This Subscriber Agreement is governed by the law of the State of Utah, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Salt Lake City.
6.2 Official correspondence must be sent via postal mail to: Move Networks Attn: Move Networks Customer Service, 629 Quality Drive, 2nd Floor Suite Q, American Fork, UT 84003.