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usage agreement	Usage Agreement for the use of the MoveDigital, Inc. Service Following execution of this Agreement ("Usage Agreement"), you shall arrange for and provide an account name and a password which will allow you access to the MoveDigital, Inc. Service ("MoveDigital"). It is important that you carefully read these terms before accepting this Usage Agreement. By accepting this Usage Agreement, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. In exchange for access to the MoveDigital Service, you agree not to do any of the following:. a. Impersonate any person or entity by falsely stating or otherwise misrepresenting your identity, affiliation or any other misrepresentation. b. Transmit any material that contains a virus or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the MoveDigital Service;. d. Use the MoveDigital Service (i) to collect or distribute child pornography or any other material intended to mislead or harm children; or (ii) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or (iii) to collect or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically objectionable; or (iv) to engage in any other illegal activities such as treason or terrorism (this may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons). 1. Violation of Copyright and Other Laws When Using the MoveDigital Service Please note that MoveDigital expects all users to respect the rights of copyright owners. Please pay special attention to avoid violating copyright laws and regulations. As a condition to use the MoveDigital products and services, you must agree that you will not use MoveDigital to infringe the intellectual property or other rights of others in any way. Unauthorised copying, distribution, modification, public or display of copyrighted works is an infringement of the copyright holders' rights. You agree to indemnify and hold MoveDigital, its parents, subsidiaries, affiliates, successors, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the MoveDigital service. You are hereby put on notice that you are entirely responsible for your content and for ensuring that it comports with all applicable laws, including all copyright and data-protection laws. In case you fail to comply with laws regarding copyrights or other intellectual property rights and data-protection, you may, by the relevant authorities, be exposed to civil and criminal liability, including fines and jail time. 2. Terms of Service All content, whether publicly posted or privately transmitted, is the entire responsibility of the person from which such content originated. MoveDigital complies with the Digital Millennium Copyright Act ("DMCA"). As part of its compliance, MoveDigital will respond to notices of alleged violation of the DMCA and all other applicable intellectual property laws as MoveDigital deems necessary at its sole discretion. Actions required under the DMCA may include removing specific materials from your account and possibly disabling your account. A summary of the DMCA and its full text can be found at the U. S. Copyright Office Web Site, http://www.copyright.gov/laws/. If we remove or disable access to material or an account to comply with the Digital Millennium Copyright Act, MoveDigital will make a good-faith attempt to contact the owner of each affected account so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. You understand that MoveDigital may add, delete or change some or all of our services provided in connection with MoveDigital at any time. Any new features that augment or enhance MoveDigital will be subject to these notices, terms and conditions and will also be subject to all other applicable MoveDigital policies, terms, notices and conditions as discussed above. We may establish general practices and limits concerning use of MoveDigital. For example, we may limit the number of files that you may make accessible to other MoveDigital users. You agree to accept these general practices and limits as they may be in effect from time to time. In addition, we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, MoveDigital (or any portion thereof), or your access to MoveDigital (or any portion thereof), for any reason or no reason, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of MoveDigital or your access to MoveDigital. 3. Payment and fees MoveDigital does not charge a fee for certain currently available services, such as access to and download of content (although the provider of such content may charge a fee). This policy may change and MoveDigital may require payment on one or more of these services in the future. However, all users signed up with a MoveDigital account at the time of the policy change will receive ample and reasonable notice before any payment is due on a service that, up to the time of the policy change, was provided free of charge by MoveDigital. 4. Third Party Advertisers MoveDigital reserves the right to run advertisements and promotions on all pages of the MoveDigital web site. You agree that MoveDigital has the right to run such advertisements and promotions without compensation to you, though future arrangements may include the sharing of such compensation as appropriate. The timing, frequency, placement and extent of advertising by us within the pages comprising your MoveDigital account is subject to change and shall be determined by us in our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MoveDigital web site, 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 advertiser. You agree that MoveDigital will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MoveDigital web site. 5. Warranties and Disclaimers You expressly acknowledge and agree that the use of the MoveDigital Service is at your own sole risk. The MoveDigital service has been provided solely, "as is" and without warranty of any kind by MoveDigital, its directors, employees, licensors, partners and agents (collectively "MoveDigital"); its licensors; or its business partners ("partners"). To the maximum extent allowed by applicable law, MoveDigital and its licensors and partners expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or any warranty of noninfringement. There is no warranty that the MoveDigital service will meet your requirements, or that the use thereof will be uninterrupted or error-free. Movedigital and its licensors and partners do not warrant, guarantee, or make any representations regarding the use or the results of the use of the MoveDigital service with respect to its performance, accuracy, reliability, security capability, currentness or otherwise. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to MoveDigital and/or any of its licensors or partners. The exclusion of implied warranties is not permitted by some jurisdictions and thus, the above exclusion may not apply to you. Under no circumstances shall MoveDigital or its licensors or partners be liable for any unauthorized use of any content, or any use of the MoveDigital service to develop, distribute, or use any material that is defamatory, slanderous, libelous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that violates or infringes any third party's rights or that violates any foreign, federal, state or local statute or regulation. In no event will MoveDigital or its licensors or partners be liable for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the MoveDigital service, even if MoveDigital and/or its licensors and partners have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. To the extent as applied in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is wholly prohibited by applicable law, then MoveDigital and its licensors and partners shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. Notwithstanding any contrary provisions, in no event shall MoveDigital's liability to you or any person exceed, in the aggregate, $10 (usd). 6. Applicable law This Usage Agreement as well as all disputes arising out of or in connection with these terms shall be governed by the laws of the State of California, United States, without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with this Usage Agreement, or in future agreements resulting therefrom, shall be exclusively resolved before the competent court in the State of California, United States. 7. International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside. 8. Miscellaneous These Terms of Service constitute the entire understanding of you and MoveDigital with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure or delay of MoveDigital to exercise or enforce any rights or provision of the Terms of Service may not constitute a waiver of such right or provision. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations. Should any part of this Usage Agreement be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this Usage Agreement had been executed without that part having been held to be invalid. By using MoveDigital, you acknowledge that you have read and agree to be bound by these notices, terms and conditions. You further agree that the MoveDigital usage agreement, which includes this MoveDigital legal notice and terms of service and the other policies and documents posted on the MoveDigital web sites, which may be modified from time to time by MoveDigital, and any other materials expressly incorporated herein by reference, are the complete and exclusive statement of the rights and liabilities of the parties, and supersede any and all prior and contemporaneous written or oral agreements existing between the parties with respect to such subject matter.
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