LAST UPDATED: September 6, 2016
1. Ownership of Service.
Welcome to Media Motion Online. The Media Motion Online websites (www.ezviewcompany.com, www.mediamotiononline.com, and any variations of or successors to these websites, collectively, the “Media Motion Online Website” or the “Website”) and Media Motion Online service (together with the Website, the “Service”) are owned by Media Motion Online, Inc. and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as “Media Motion Online”). Media Motion Online currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with Media Motion Online to publish their Content through Media Motion Online on their site. Media Motion Online may expand or change from time to time.
Media Motion Online does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
Please direct any legal questions to:
Media Motion Online, Inc.
P.O. Box 2113
Universal City, TX 78148
5. Acceptance and Accuracy.
We make no representation as to the completeness, accuracy or currentness of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
6. Conditions and Restrictions of Use.
a) Consent to Access Your Account/Files: By using our Service, you consent to allow Media Motion Online to access your account and your files as necessary to provide Services to you as well as to insure your compliance with all of our legal documents.
b) Free Accounts: Media Motion Online offers Free Accounts on an “as-is” basis at our sole discretion. You understand that Free Accounts have limited storage, usage, and functionality limits and that if you want to remove such limitations, you will have to get a Paid Account. You understand that only a single Free Account will be granted for a given domain address. Media Motion Online has no duty to provide Free Accounts and has no liability to you if you cannot obtain one or if we terminate your Free Account prior to the normal expiration of the given time period for Free Account. Media Motion Online may stop offering Free Accounts without notice or liability to you at our sole discretion.
c) Paid Accounts: You are responsible for selecting the appropriate type for the Paid Account (“Paid Account Type”) that best suits your needs. Based upon your Paid Account Type, you will have access to different functionalities of the Services as well as different limitations. You understand that each Paid Account Type has usage limits that if exceeded, may require you to pay additional fees for such excessive use (“Excessive Use Fees”). You may change your Paid Account Type at any time, but any changes to your Paid Account Type will not become effective until your next billing cycle. Also, you agree that we will not change your Paid Account Type until you pay any outstanding fees due on your account.
d) Paid Account Usage and Storage Limits: Each Paid Account Type offers varying account usage thresholds so that you can pay based upon your projected usage level. Media Motion Online enforces account usage thresholds to the extent necessary to insure that you are paying based upon your ongoing actual usage level. If you exceed your account usage threshold, Media Motion Online reserves the right to automatically upgrade your Paid Account Type to a higher level of package or simply bill you for Excessive Use Fees, at our sole discretion.
e) Payment: You agree to make payment according to the posted fees for your selected Paid Account Type in advance of the time period during which such Services are provided by Media Motion Online. You agree that Services are billing on a recurring basis and unless you notify Media Motion Online of your desire to cancel/modify Services, you will continue to be billed for such Services, even if your account is suspended. As a Media Motion Online customer, it is your responsibility to ensure that your payment information is up to date, and that fees are paid on time. All Services are billed on a recurring basis, unless otherwise stated in writing by Media Motion Online. Media Motion Online reserves the right to bill your credit card or billing information on file with us. If you fail to pay any amount due to Media Motion Online within twenty (20) days of its due date, your account will be suspended. If you fail to pay any amount due to Media Motion Online within thirty (30) days of its due date, additional late fees will be charged to your account at one point five percent (1.5%) of the total amount past due. If you fail to pay any amount due to Media Motion Online within 45 days of its due date, your account may be terminated, solely at Media Motion Online’s discretion. Your account will not be restored from a suspension until payment in full for past due amounts has been received. Media Motion Online may, at its sole discretion, require you to post a security deposit if you make repeated late payments. Media Motion Online reserves the right to change the monthly payment amount and any other charges at any time. Media Motion Online’s acceptance of partial payment does not relieve you of the duty to pay the remaining balance.
f) No Refunds or Charge-Backs: You agree that Media Motion Online offers no refunds for Services and all payments for Services are final. Furthermore, you shall not institute any form or charge-back for any fees paid to us, unless you have been the victim of identity theft and provide us with a valid police report. Any other form of charge-back will result in the immediate termination of your account, your obligation to pay an administrative cost recovery fee of $100.00 to us for each such charge-back, and may subject you to criminal investigation for fraudulently obtaining our Services.
g) Collection Fees: You agree that should Media Motion Online have to institute collection proceedings to recover past due amounts under this Agreement, you will pay for the costs of such collection including reasonable attorney’s fees.
i) Access to Content: Media Motion Online specifically prohibits uploading, linking, and/or publishing any content with violence or adult or mature content. However, Media Motion Online does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, or objectionable. Please be aware that while the content found on or through the Media Motion Online service is intended for general audiences, there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If Media Motion Online learns that anyone under the age of 13 seeks to conduct a transaction through the Services, Media Motion Online will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of Media Motion Online may not be available to children under 13 under any circumstances.
k) Responsibility for Minors: In cases where you have authorized a minor to use the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE MEDIA MOTION ONLINE SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
l) User Agreement Not to Circumvent Publishers’ Ownership Rights: You acknowledge and agree that your rights to view the publisher content that you access on or through Media Motion Online are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through Media Motion Online, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalog, directory, or other “white pages” products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.
m) Content Not Screened or Error Free: You further acknowledge and agree that the Services and the Content may contain errors or omissions. You acknowledge and agree that Media Motion Online does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Therefore, you acknowledge and agree that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Media Motion Online be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. Media Motion Online does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through Media Motion Online contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:
Media Motion Online, Inc.
c/o General Counsel
P.O. Box 2113
Universal City, TX 78148
By Phone: +1.210.485.5777
7. Prohibited Conduct.
In addition to 6.F. above, you agree that you will not use Media Motion Online to:
a) 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.
b) 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.
c) 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.
d) Collect or store personally identifying information about other users for commercial or unlawful purposes.
e) Impersonate any person or entity, including, but not limited to, a Media Motion Online 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 Services.
f) 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:
i) Making available copyrighted software or other Content that has had the copyright protection removed.
ii) Making available serial numbers for software that can be used to illegally validate or register software.
iii) Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
iv) Making available any software files for which the user does not own the copyright or have the legal right to make available.
g) 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.
h) 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 Services or EZview Platform.
i) 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.
j) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
k) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law or use Media Motion Online or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
l) 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.
m) 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.
n) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
o) 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:
i) Any firearms, explosives, or weapons.
ii) Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
iii) Any alcoholic beverages.
iv) Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
v) 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.
vi) Any controlled substances or pharmaceuticals.
vii) Any items that are counterfeit or stolen.
viii) Any dangerous items.
ix) Any goods or services that do not, in fact, exist.
x) Any registered or unregistered securities.
xi) Any items that violate or infringe the rights of other parties.
xii) Any items that you do not have the legal right to sell.
xiii) Any items where doing so through Media Motion Online or the Service would cause Media Motion Online to violate any law.
Media Motion Online also may suspend or terminate any user account for any Service because of user inactivity. For example, a Media Motion Online account may be terminated or suspended if a user fails to sign-in to the Media Motion Online Service for an extended period of time. What is considered “user inactivity” varies depending on the Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Service immediately ceases.
8. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.
Media Motion Online respects the intellectual property of others. Media Motion Online does not, however, independently confirm that all Content made available through Media Motion Online is provided by a valid rights holder. In the event that Media Motion Online becomes aware that Content published on or through Media Motion Online has been provided by a person who is not a valid rights holder, Media Motion Online may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Media Motion Online’s Copyright Agent and/or General Counsel the following information:
a) an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located or found on the Website or Service;
d) your address, telephone number and, if available, an email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f) a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, which you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
Claims of copyright or other intellectual property infringement should be sent to Media Motion Online’s Copyright Agent and/or General Counsel by mail, fax or email as follows:
Media Motion Online, Inc.
c/o Copyright Agent or General Counsel
P.O. Box 2113
Universal City, TX 78148
By Email: email@example.com
For a full understanding of any rights and or remedies you may have in the case of any infringement, please consult with an attorney.
9. DISCLAIMER OF WARRANTIES
MEDIA MOTION ONLINE INC. AND THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIA MOTION ONLINE INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIA MOTION ONLINE INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. MEDIA MOTION ONLINE INC. SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIA MOTION ONLINE INC. DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. MEDIA MOTION ONLINE INC. DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MEDIA MOTION ONLINE INC. DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MEDIA MOTION ONLINE INC. MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY MEDIA MOTION ONLINE INC.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
FORWARD-LOOKING STATEMENTS. THE WEBSITE CONTAINS EXPRESS OR IMPLIED FORWARD-LOOKING STATEMENTS, WHICH ARE BASED ON CURRENT EXPECTATIONS OF MANAGEMENT. THESE STATEMENTS RELATE TO, AMONG OTHER THINGS, OUR EXPECTATIONS REGARDING MANAGEMENT’S PLANS, OBJECTIVES, AND STRATEGIES. THESE STATEMENTS ARE NEITHER PROMISES NOR GUARANTEES, BUT ARE SUBJECT TO A VARIETY OF RISKS AND UNCERTAINTIES, MANY OF WHICH ARE BEYOND OUR CONTROL, AND WHICH COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED IN THESE FORWARD-LOOKING STATEMENTS AND SUCH STATEMENTS ARE CURRENT ONLY AS OF THE DATE THEY ARE MADE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MEDIA MOTION ONLINE INC. OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MEDIA MOTION ONLINE INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MEDIA MOTION ONLINE INC. NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL MEDIA MOTION ONLINE INC. OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
12. Third Party Links.
The Website may contain links to websites operated by other parties. The linked sites are not under the control of Media Motion Online, and Media Motion Online is not responsible for the content available on any other Internet sites linked to the Website. Such links do not imply Media Motion Online’s endorsement of material on any other site, and Media Motion Online disclaims all liability with regard to your access to such linked websites. Media Motion Online provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Website is at your own risk.
13. Consent to Exclusive Jurisdiction, Waiver of Objections.