PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY HD INTERNATIONAL Ltd - VAT BG-204723748. A BULGARIAN LAW SOCIETY. THESE TERMS OF USE DEFINE THE TERMS AND LEGAL OBLIGATIONS OF USING THE WEB SITE AT https://www.moviao.com (THE « SITE ») MOVIAO'S SERVICES, FUNCTIONS, CONTENT, APPLICATIONS, OR WIDGETS (COLLECTIVELY WITH THE SITE, " SERVICE ").
By registering and / or using the Service in any way, including, without limitation, visiting or browsing the Site, you agree to the terms and conditions (hereinafter Terms of Use ") set forth herein. The Terms of Use also incorporate the Privacy Policy of MOVIAO, the MOVIAO's Intellectual Property Policy , MOVIAO's Photo Guidelines , MOVIAO's Terms of Use , the MOVIAO API License Agreement , and all other operating rules, policies, and procedures that may be posted on the MOVIAO Site, which are incorporated by reference and subject to change by MOVIAO without notice, in accordance with the terms set forth in "Changes in Terms of Use " ;" below. In addition, certain services offered under the Service are governed by additional general conditions, as indicated by MOVIAO. The use of such services is, therefore, governed by these terms and conditions, which are incorporated by reference into these Terms of Use. These Terms of Use apply to all users of the Service, including, but not limited to, users providing content, information and other media or services on the Site to individual users of the Service, to places accessing the Service and to users having a page on the Service.
Subject to these Terms of Use, MOVIAO may offer you the Services you will have chosen, described in more detail on the Site, solely for your personal use and not for the use or for the benefit of a third party. The Services include, but are not limited to, all the services that MOVIAO offers to you, the applications or widgets offered by MOVIAO that you download from the Site or, subject to the conditions set forth in the "Sites and Third-Party Services" section. ; "Below, from third-party app stores (for example, iTunes® Store, Blackberry App World® or Google Apps Marketplace) licensed by MOVIAO, as well as any data offers displayed or run on or via the Services (including the Content, as defined below).
You can browse the Site and view any Content without registering. However, to use certain aspects of the Service, you must register with MOVIAO, declare and warrant that the information provided to MOVIAO is accurate and complete (including, but not limited to, a User Name (Username), your e-mail address and / or your mobile phone number and the password you will use to access the Service) and commit to keep your registration information accurate and up-to-date. Failure to do so will constitute a violation of these Terms of Use, which may result in immediate termination of your MOVIAO Account. We advise you, although it is not mandatory, to use your real name as a User Name so that your friends can identify you more easily.
You must not :
MOVIAO reserves the right to refuse or cancel a User Name, in its sole discretion discretion. You are solely responsible for the activities undertaken through your account, as well as maintaining the confidentiality of your MOVIAO password. You must never use another person's account without their express permission. You will immediately inform MOVIAO in writing of any use unauthorized account or any other breach of security related to your account of which you are aware.
You represent and warrant that, if you are an individual, you are of legal age to enter into a an enforceable contract, or if you register on behalf of an entity, you are authorized to enter into a contract and to bind that entity under the terms of the agreement and to register for the Service. The Service is not accessible to people under 13 years old. MOVIAO may, in its sole discretion, refuse to offer the Service to any person or entity and at any time change its eligibility criteria. It is your responsibility to ensure that these Terms of Use comply with all applicable laws, rules and regulations. You will lose the right of access to the Service if these Terms of Use or if the use of the Service is prohibited and, in which case, you agree not to use the Site or the Services and not to access it in any way
If you use a mobile device, please note that your operator's standard rates and fees, such as SMS and data charges, apply. If you change your mobile number or deactivate your mobile phone subscription, you must update your account information on the Services within 48 hours so that your messages are not sent to the person who inherits your old phone number. Mobile.
All Content, whether displayed publicly or privately, is the sole responsibility of its creator. MOVIAO can not guarantee the authenticity of the content or data provided by users about themselves. You acknowledge that access to all Content through the Service is at your own risk and you will be solely responsible for any resulting loss or damage to you or any other party. For the purposes of these Terms of Use, the term Content includes, but is not limited to, location information, shouts , videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided or made available by MOVIAO on or via the Service. Content added, created, transferred, submitted, distributed, published or obtained on the Service by users, including content that has been added to the Service in connection with users who link their account to websites and third-party services, is grouped under the name "User Submissions "
The Service includes Content specifically provided by MOVIAO or its partners, which is protected by law copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, if any. You must comply with all copyright notices and all information and restrictions contained in any Content accessed through the Service.
Subject to these Terms of Use, MOVIAO grants each user the right to Site and / or Service a non-exclusive, non-transferable, non-transferable worldwide license to use, modify and reproduce the Content for personal, non-commercial purposes. The use, reproduction, modification, distribution or storage of any Content for purposes other than personal and non-commercial is expressly prohibited without the prior written permission of MOVIAO or the copyright owner identified in the notice of Content, if any. You may not sell, license, rent, use or otherwise exploit the Content for any commercial purpose (whether for profit or otherwise) or in a manner that infringes the rights of third parties.
We may use your User Submissions in different ways as part of the MOVIAO site, service and activity, as MOVIAO may decide, among other things, and in its sole discretion , to carry out the following actions: public display, formatting, integration into marketing documentations, advertisements and other works, the creation of works derived from these Submissions, the promotion, the distribution and authorization to perform these same actions for other users, in connection with their own websites, media platforms and applications ("Third Party Supports "). By submitting User Submissions on the Site or through the Service, you grant to MOVIAO an international, non-exclusive, free, fully paid, assignable and transferable license to use, copy, modify, reproduce, distribute, prepare derivative works, perform and fully exploit the User Submissions related to the Site, the Service and MOVIAO (as well as its successors and assigns), without limitation, in particular to promote and redistribute some or all of the Site (and its derivative works) or the Service , regardless of the media or media channels used (including, but not limited to, third-party sites and sources). You hereby grant to each user of the Site and / or the Service, including Third Party Supporters, a non-exclusive license to access your User Submissions via the Site or the Service and to use, edit, modify, reproduce, distribute, prepare derivative works, display and perform these User Submissions in connection with their use of the Site, the Service and Third Party Supports. For the sake of clarity, the license granted to MOVIAO does not affect the other license and ownership rights of your User Submissions, including the right to grant additional licenses to access the resources of your User Submissions, unless otherwise agreed in writing. with MOVIAO.
You represent and warrant that you have all the rights required to grant us such a license without infringing or violating the rights of third parties, including, without limitation, the right to respect for life private, image rights, copyrights, contractual rights or any other intellectual property or property rights.
You understand that all information posted publicly or privately via the Site are under the sole responsibility of the person who originated this Content and that MOVIAO can not be held responsible for any errors or omissions in the Content and can not guarantee the identification of all other users with whom you You may communicate in connection with the use of the Service.
When you delete User Submissions, they are also removed from the Service. You acknowledge, however, that any Deleted User Submissions may be kept in backup copies for a reasonable period of time (but not shared with third parties after deletion) or remain in the possession of users who have already viewed or downloaded your User Submissions. / p>
You agree not to use the Service for purposes that are prohibited by these Terms of Use. You are responsible for all your activities related to the Service. In addition, you are required to comply with applicable local, state, national and international laws and regulations, as well as, if you represent a legal entity, the regulations relating to advertising, marketing, confidentiality and other copyright laws. Regulating Your Sector.
As a non-limitative example, you may not (or allow any third party) to upload, download, publish, submit, distribute or facilitate the distribution of any Content on or via the Service, including, but not limited to, any User Submissions
If the User Submission includes a photograph, the MOVIAO Photo Guidelines should apply. Child pornography is strictly prohibited and MOVIAO will terminate the account of any user posting or distributing child pornography and report it to the relevant authorities.
You must not (directly or indirectly):
MOVIAO does not guarantee the availability all User Content or Submissions (as defined above) on the Site or through the Service. MOVIAO is not obligated to monitor the Site, the Service, the Content or the User Submissions. However, MOVIAO reserves the right to (i) delete, suspend, edit or modify Content at its sole discretion including, without limitation, any User Submissions, at any time, without notice for any reason any (including, but not limited to, any claims or claims by third parties or authorities regarding the Content or if MOVIAO is concerned about the possibility that you have violated these Terms of Use) or for no reason and (ii) delete, suspend or block any User Submissions from the Service. MOVIAO also reserves the right to access, read, retain and disclose any information deemed necessary to (i) comply with all laws, regulations, legal processes or governmental requests, (ii) enforce these Terms and Conditions. use and investigate possible violations thereof, (iii) detect, prevent or deal with technical, security or fraud issues, (iv) respond to requests for assistance from users, or (iv) v) protect the rights, property or safety of MOVIAO, its users and the public.
Certain Features of the Service and / or Certain Services and Products made available to you on the Service may allow you to purchase services or exchange an offer or a special offer with your credit card (" Card Services "). MOVIAO uses a third party payment system (the "Payment System ") to associate your credit card account with the Services (your "Card Account ") for the use of the Card Services. Processing of payments or credits, if any, in connection with the Card Services, will be subject to the terms and privacy policies of the Payment System and the issuer of your credit card, in addition to this Agreement. MOVIAO is not responsible for any errors that occur during the process of exchanging an offer or a special offer, including an error caused by the Payment System. As part of your use of the Card Services, MOVIAO will obtain certain information regarding the transaction, which we will only use in accordance with our Privacy Policy .
For more information on MOVIAO's Unsolicited Comments and Ideas Submissions Policy, please click here .
If you add a Link Add to MOVIAO (" Link Add to ") on your website, you are required to adhere to the following additional terms :
If you have a " Page " on the Service, you also agree to the following terms :
If you are the authorized representative of a location, you are also subject to the Terms and Conditions. Terms of Use for MOVIAO.
If you are a developer or user of an application or application service that uses the MOVIAO application programming interface (s), you are also subject to Platform Policy and MOVIAO API License Agreement
The Service may allow you to link to other sites. Web, services or resources on the Internet, while other websites, services or resources may contain links to the Site. Access to third party websites is at your own risk. These other websites are not controlled by MOVIAO and you acknowledge that MOVIAO is not responsible for the content, functionality, accuracy, legality, appropriateness or any other aspect of these websites or resources. The integration of this type of link does not imply any approval of MOVIAO or association with its operators. You further acknowledge and agree that MOVIAO can not be held liable, directly or indirectly, for damages or losses caused or allegedly caused by or in connection with the use of such content, goods or services available on or via any such web site or such resources.
MOVIAO may at any time terminate your access to all or part of the Service and / or the Add Link to MOVIAO, with or without reason and notice, with immediate application, which may result in the confiscation and destruction of all information associated with your subscription. If you wish to terminate your account, follow the corresponding instructions on the Site. Any contribution paid hereunder is non-refundable. All provisions of these Terms of Use which by their nature must survive termination will survive, including, but not limited to, the provisions relating to ownership, disclaimers, indemnities and limitations of liability.
Except as required by law, MOVIAO does not maintain any special relationship with you and does not have any fiduciary duty to you. You acknowledge that MOVIAO has no control or obligation to take action on the following: users who access the Service, Content accessed through the Service, impact that Content may have on you, how you can interpret or use the Content or actions you may undertake after accessing the Content.
You release MOVIAO from any liability for your acquisition or non-acquisition of Content via the Service. The Service may contain, or direct you to, websites containing information that some people may find offensive or inappropriate. MOVIAO declines any responsibility for any information contained or accessible via the Service and can not be held responsible for the accuracy, the respect of the copyright, the legality or the decency of the information contained in or accessible via the Service. / p>
You release MOVIAO from any responsibility for the connections and relationships you have with other users. You agree that MOVIAO does not filter users in any way, that MOVIAO does not query users about their past, that MOVIAO does not check the background or statements of users. MOVIAO makes no representations as to the behavior of users or the veracity of the information they provide. MOVIAO can in no way be held liable for any damages, direct, indirect, general, special, compensatory, consequential and / or accidental, arising out of or in connection with your behavior or that of another user in relation to Services, including, but not limited to, bodily injury, emotional distress, or any harm resulting from any communication or meeting with users or any other person you have come across through the Services. Also, you agree to take all reasonable precautions and to protect yourself in connection with interactions with people with whom you have contacted via the Services, especially if you decide to meet these people physically. For example, you should not under any circumstances indicate your financial information (eg credit card details or account numbers) to other people.
THE SITE, THE SERVICE, THE CONTENT AND THE ADD TO MOVIAO LINK ARE PROVIDED AS IS AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM THE USE OF THE TRADEMARK, EXPRESSLY EXCLUDED, EXCEPT TO THE EXTENT REQUIRED BY LAW. / p>
MOVIAO, ITS RESPONSIBILITIES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT : (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY TIME AND IN ANY LOCATION (B) DEFECTS OR ERRORS WILL BE CORRECTED (C) NO CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICE WILL CONTAIN DANGEROUS VIRUSES OR COMPONENTS (D) THE RESULTS OF THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU USE THE WEBSITE, THE SERVICE, THE CONTENT AND THE LINK ADD TO MOVIAO AT YOUR OWN RISK. SOME STATES / COUNTRIES PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES, AND MAY NOT APPLY TO YOU.
You must defend, indemnify and hold harmless MOVIAO and its affiliates, as well as each of the employees, subcontractors, officers, suppliers and representatives of MOVIAO and its affiliates in the event of losses, costs, lawsuits, claims, damages, expenses (including reasonable legal fees) or debts which result of or relate to your use or misuse of the Site or your access to the Site, the Service, the Content, the "Add to MOVIAO" link or any other result of your Submissions. user, breach of these Terms of Use or breach by you or a third party using your account, intellectual property rights or otherwise of any person or entity (except to the extent that a court of competent jurisdiction considers that this claim is due to an act or omission of MOVIAO). MOVIAO reserves the right to provide for the exclusive defense and control of any case that is otherwise subject to compensation on your part, in which case you agree to assist MOVIAO and cooperate to enforce any defense possible. p>
MOVIAO, ITS RESPONSIBLE PERSONS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY LOSS RESULTING FROM YOUR USE OF THE SITE, SERVICE, CONTENT, USER SUBMISSION OR LINK ADD TO IS TO THE EXTENT PERMITTED BY LAW. IF A COMPETENT COURT DETERMINES THAT THE RESPONSIBILITY OF MOVIAO, ITS RESPONSIBLE PERSONS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (IF APPLICABLE) IS COMMITTED, THE TOTAL AMOUNT PAYABLE SHALL BE LIMITED TO 1 EURO (1 & euro;).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LEGISLATION, IN NO EVENT SHALL MOVIAO, ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE FOR ANY CONTRACTUAL, DELICIOTIC OR STRICT, BY NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE OR OTHER THING (AND THAT MOVIAO OR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAVE BEEN IN FULL KNOWLEDGE OF CIRCUMSTANCES THAT HAVE GIVEN LOCATION FOR SUCH LOSS OR DAMAGE) AS REGARDS SITE, SERVICE, CONTENT, USER SUBMISSION OR ADD TO MOVIAO LINK FOR
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY FOR ANY INDEMNITY GRANTED UNDER THESE TERMS. APPLICABLE LEGISLATION MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THIS CASE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THIS SITUATION, MOVIAO'S LIABILITY IS LIMITED TO THE MAXIMUM MEASURE PERMITTED BY LAW.
ONLY FOR USERS RESIDING IN THE EUROPEAN ECONOMIC AREA (EEA) AND / OR IN AUSTRALIA, NOTHING IN THESE TERMS OF USE, SHALL NOT BE CONSIDERED AS EXCLUDING OR LIMITING OUR OR YOUR RESPONSIBILITY (AS APPROPRIATE) IN THE FOLLOWING CASES
A printed version of these Terms and Conditions use and any notice given in electronic form will be admissible in a judicial or administrative proceeding based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business records and records generated and maintained in printed form. You and MOVIAO agree that any cause of action arising out of or related to the Service must commence no later than one (1) year after the cause of action. Otherwise, such a cause of action is definitively prescribed.
Except for users residing in the EEA and / or Australia, the following provisions shall apply regarding arbitration and Applicable Law :
Only for users residing in the EEA and / or in Australia, the following applies with respect to the applicable law:
The use, duplication, reproduction, publication, modification, disclosure or transfer of the software, application or widget is limited in accordance with the applicable Federal Acquisition Regulation (FAR). to civilian agencies and the FAR supplement applied to military agencies. This software, this application and this widget constitute a "commercial product", a "commercial computer software" and the "documentation of commercial software". In accordance with these provisions, any use of any software, application or widget is governed exclusively by these Terms of Use.
These Terms of Use constitute the entire agreement between you and MOVIAO regarding the Service and the use of the Site, the Service, the Content, the User Submissions or the link " Add to " and supersede all previous or current communications and proposals (whether oral, written or electronic) between you and MOVIAO concerning the Site. If any provision of these Terms of Use is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to ensure that these terms of use remain fully applicable. The failure of either party to exercise any right mentioned herein shall not be construed as a waiver of the other rights mentioned. The waiver of compliance in an exceptional case does not imply a permanent waiver of MOVIAO in the future. In order for any waiver of compliance with these Terms of Use to be valid, MOVIAO must send you this waiver in writing through one of its legal representatives.
MOVIAO reserves the right, in its sole discretion, to modify or replace any of these Terms of Use, or to modify, suspend or discontinue the Service (including, without limitation, the availability of any feature, database or content) at any time by the publication of a notice on the Site or by sending a notification via the Service or by e -may l. MOVIAO may also set limits on certain features and services or limit your access to all or part of the Service without notice and without incurring liability. It is your responsibility to check regularly if these Terms of Use have been modified. Continued use of the Service following the posting of changes to these Terms of Use constitutes acceptance of such changes.
Resident Users in the EEA wishing to receive Services and / or make User Submissions and / or provide or access Content via the Site may have a right of cancellation of these Terms of Use under European Directive 97 / 7 / EC (" Directive ") on distance selling within 7 days of acceptance of these Terms of Use, only to the extent that this right applies in accordance with the Directive for such users . However, if this right of cancellation applies, it will cease to exist from the moment of the actual use of the Services and / or the realization of User Submissions and / or the provision or access to Content via the Site by these users.
MOVIAO can not be held responsible for any breach of its obligations hereunder if this failure results from a cause that escapes to its reasonable control, including, without limitation, mechanical, electronic or communication failure or degradation (including " friture " on the line). These Terms of Use are personal to you and may not be assigned, transferred or assigned by you without the prior written consent of MOVIAO. MOVIAO may assign, transfer or delegate all rights and obligations herein without consent. These Terms of Use do not create any agency, partnership, joint venture, or employment relationship, and neither party has the authority to bind the other in all respects.
Unless otherwise stated in these Terms of Use, all notices under these Terms of Use will be made in writing and will be considered properly forwarded upon receipt, if delivered in person or sent by registered or certified mail with acknowledgment of receipt when the receipt is confirmed electronically, if sent by fax or e-mail or the next day, if sent for next day delivery via a recognized overnight delivery service.
Only for users residing in the EEA and / or Australia, in relation to these Terms of Use and your use of this Site, the Service, the Content, the User Submissions or the Add to MOVIAO Link, nothing in these Terms of Use shall be construed as granting any rights or benefits to any person other than us and you (and our respective successors in title or assigns), or as permitting any third party to perform any provision hereof, and we agree that we do not wish any provisions of these Terms of Use to be be enforceable by a third party under the 1999 Contracts (Rights of Third Parties) Act.
When MOVIAO provides a translation of version a In accordance with these Terms of Use, you agree that this translation is provided solely for your convenience and that the English version of these Terms governs your relationship with MOVIAO.
In case of contradiction between the English version of these Terms of Use and the translation, the English version prevails.