This Terms of Service of Movenote services has been posted and is effective as of November 1, 2010.
Acknowledgement and Acceptance
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.movenote.com). Movenote may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the Service, including users who are also contributors of presentations, video content, information, and other materials or services.
B. The Site may contain links to third party websites that are not owned or controlled by Movenote. Movenote has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Movenote will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Movenote from any and all liability arising from your use of any third-party website.
Movenote Accounts and Service Levels
A. In order to access some features of the Service, you will have to create a Movenote account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Movenote immediately of any breach of security or unauthorized use of your account.
B. Although Movenote will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Movenote or others due to such unauthorized use.
C. The account owners of the free of charge service level hereby agree, that Movenote may insert advertising links, presentations or videos through the Service to account owner Content.
General Use of the Service -- Permissions and Restrictions
Movenote hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Site, including but not limited to Content (defined below), without Movenote’s prior written authorization.
B. You agree not to alter or modify any part of the Site, including but not limited to any of its related technologies, without Movenote’s prior written authorization.
C. You agree not to access Content (defined below) or Movenote Content through any technology or means other than the Site itself or other explicitly authorized means Movenote may designate.
D. You agree not to use the Service without prior written authorization to:
Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, a Movenote official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Service.
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
A. Making available copyrighted software or other Content that has had the copyright protection removed.
B. Making available serial numbers for software that can be used to illegally validate or register software.
C. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
D. Making available any software files for which the user does not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or Movenote.
Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
Fail to complete any transaction after submitting an order to purchase any goods or services, subject to any specific terms and conditions governing such transactions, or submit any order to purchase goods or services where you do not intend to complete the transaction.
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Service.
Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items:
A. Any firearms, explosives, or weapons.
B. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
C. Any alcoholic beverages.
D. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
E. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
F. Any controlled substances or pharmaceuticals.
G. Any items that are counterfeit or stolen.
H. Any dangerous items.
I. Any goods or services that do not, in fact, exist.
J. Any registered or unregistered securities.
K. Any items that violate or infringe the rights of other parties.
L. Any items that you do not have the legal right to sell.
If you use Movenote executables, you agree that it may automatically download and install updates from time to time from Movenote. These updates are designed to improve, enhance and further develop the executable and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Movenote to deliver these to you) as part of your use of the executables.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Movenote servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Movenote grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Movenote reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Content.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
Movenote reserves the right to discontinue any aspect of the Service at any time.
The Service provided herein is network dependent and may require network support. In order to be able to use the Service you need to have access to the Internet through the Internet service provider (ISP) of your choice and you need to ensure that your mobile network operator/carrier supports data traffic delivery. Some networks have also other limitations that may affect your ability to use the Service. You are responsible for obtaining any information necessary regarding your abilities to use the Service from your respective service providers. Use of some parts of the Service may be subject to a separate charge, which is then announced separately within the Site in connection with that part of the Service. You may incur additional fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, MMS and mobile Internet browsing and other services that re-quire the use of airtime and mobile data services. Movenote assumes no responsibility for the payment of such fees. Your operator/carrier is in every respect solely responsible for the services it provides to you.
Use of Content on the Service
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Site.
A. The content on the Site, except all Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Movenote, subject to copyright and other intellectual property rights under the law.
Content on the Site is provided to you AS IS and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Movenote reserves all rights not expressly granted in and to the Site and the Content.
B. You may access Content solely: for your information and personal use; as intended through the normal functionality of the Service.
C. Possible User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Service or otherwise as prohibited under this Agreement.
D. You may access Content and other content only as permitted under this Agreement. Movenote reserves all rights not expressly granted in and to the Content and the Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
G. You understand that when using the Service, you may be exposed to Content from a variety of sources, and that Movenote is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Movenote with respect thereto, and agree to indemnify and hold Movenote, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Content and Conduct
A. As a Movenote account owner you may submit slide content (“Slides”), video content ("Videos") and textual content ("User Comments") and any other information or material. The generated content is collectively referred to as "Content." You understand that whether or not such Content is published, Movenote does not guarantee any confidentiality with respect to any Content.
B. You shall be solely responsible for your own Content and the consequences of posting or publishing them. In connection with Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Movenote to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Service, you hereby grant Movenote a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Movenote’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Slides and Videos terminate within a commercially reasonable time after you remove or delete your Slides and Videos from the Service. You understand and agree, however, that Movenote may retain, but not display, distribute, or perform, server copies of Content that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Movenote all of the license rights granted herein.
E. Movenote does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Movenote expressly disclaims any and all liability in connection with Content. Movenote does not permit copyright infringing activities and infringement of intellectual property rights on its Service, and Movenote will remove all Content and Content if properly notified that such Content infringes on another's intellectual property rights. Movenote reserves the right to remove Content without prior notice.
Account Termination Policy
A. Movenote will terminate a User's access to its Site if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Movenote reserves the right to decide whether Content is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Movenote may remove such Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Copyright Infringement Claims
If you believe that your work has been copied, posted or linked on the Service in a way that constitutes copyright infringement, please provide Movenote at info(at)movenote.com with the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(2) Identification or description of the copyrighted work claimed to have been infringed;
(3) Identification or description of the material that is claimed to be infringing and information reasonably sufficient to the Movenote to locate the material;
(4) Your name, address, telephone number, e-mail address and any other information which will permit the Movenote to contact you;
(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVENOTE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MOVENOTE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. MOVENOTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOVENOTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
CERTAIN ELEMENTS UNDERLYING THE SERVICE ARE LICENSED FROM THIRD PARTIES FREE OF CHARGE OR COMMERCIALLY. THERE IS NO WARRANTY FOR THOSE ELEMENTS OF THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, MOVENOTE, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THOSE ELEMENTS OF THE UNDERLYING SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL MOVENOTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER MOVENOTE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MOVENOTE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Movenote from its facilities in Finland, though the servers or systems may reside elsewhere. Movenote makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Movenote Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Movenote, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Breach of these TOS
In the event we deem, at our exclusive discretion, that you are in whatsoever manner in breach of these TOS or any other applicable terms and notices, we shall take any action of whatsoever nature, as we may deem at our exclusive discretion appropriate, to address your breach, including without limitation removal of content, termination of membership, prevention of access and any legal action in any competent authority or court. Specifically, we have the right to terminate your right to use the Site and Service without notice at any time for any reason at our sole discretion and in particular, if you breach these TOS or use the Site and/or Service illegally or in a way that we deem inappropriate or in the event you have not been using the Site and/or Service for a period of three consecutive (3) months. In the event that you are aware of a user that breaches these TOS by for example, but not limited to, stalking or harassing other users, please inform us of such conduct.
Availability of the Service and Modification of the Terms of Service Site and Service are available solely as decided by us and may be subject to maintenance breaks and any other kinds of actions. We may remove any information, including but not limited to personal data or data, material or content provided by any of the users, any other data or material or terminate the Site and/or Service or any part thereof at any time at our sole discretion.
You may address your questions about the Site and/or Service by sending an e-mail to info(at)movenote.com.
Non-Waiver and Severability
The invalidity of a provision of these TOS or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of these TOS or any other applicable terms and notices. These TOS shall neither exclude nor limit any of your mandatory rights in your country of residence.
You agree to abide by applicable export control laws and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.
All Clauses shall survive the termination or expiry of this TOS.
This Agreement shall be governed by and construed under the laws of Finland, exclusive of its choice of law rules. All disputes arising in connection with this Agreement which are not amicably settled by the parties shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with said Rules. Arbitration shall take place in Helsinki, Finland, and shall be in Finnish language. Each party must provide at least thirty (30) days prior written notice before instituting this arbitration provision.
YOU AND MOVENOTE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.