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Terms of Use Agreement
LAST UPDATED: September 6, 2016
This Terms of Use Agreement contains legal obligations. Please read them carefully.
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.
2. Application of Terms of Use Agreement.
Use by end users of Media Motion Online and the Media Motion Online Website is governed by this Terms of Use Agreement. For publishers’ use of the Media Motion Online publishing services, a separate set of terms and conditions apply which are found at the URL https://mediamotiononline.com/media-motion-online-inc/acceptable-use-policy/. Unless explicitly stated otherwise, any new Services, including any new Media Motion Online properties, shall be subject to this Terms of Use Agreement. In addition, Media Motion Online may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreements for certain of its Services. When you are using any service or product offered by Media Motion Online that does not have a separate legal agreement, this Terms of Use Agreement will apply. In addition, Media Motion Online also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where Media Motion Online is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.
3. Non-Discrimination.
Media Motion Online does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
4. Questions.
Please direct any legal questions to:
General Counsel
Media Motion Online, Inc.
P.O. Box 2113
Universal City, TX 78148
5. Acceptance and Accuracy.
By using Media Motion Online and/or the Website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use Agreement and any other posted guidelines or rules applicable any website where Media Motion Online is found. Media Motion Online may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. Media Motion Online does not have a duty to update information contained in the Website, and Media Motion Online will not be liable for any failure to update such information.
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.
h) Termination: Use of Media Motion Online is subject to compliance with this Terms of Use Agreement. You acknowledge and agree that Media Motion Online may terminate your account and/or suspend your access to any portion of Media Motion Online should you fail to comply with the Terms of Use Agreement or any other guidelines and rules published by Media Motion Online. Any such termination or suspension shall be in Media Motion Online’ sole discretion and may occur without prior notice, or any notice. Media Motion Online further reserves the right to terminate and account or suspend any user’s access to Media Motion Online or to any portion of Media Motion Online for any conduct that Media Motion Online, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Media Motion Online or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Media Motion Online further reserves the right to terminate or suspend any user’s account and/or access to Media Motion Online for any reason or for no reason at all, in Media Motion Online’ sole discretion, without prior notice. If your account and/or access is terminated, you will not be able to access your account as well as any of your files on our servers. Depending on the egregiousness of your actions, Media Motion Online may, at our sole discretion, provide you with a CD of your files. You shall still remain responsible for payment of any amounts you owe Media Motion Online and you shall be responsible for fees up until the date your account is officially terminated by Media Motion Online.
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.
j) Registration and Privacy: Certain of the Media Motion Online Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Media Motion Online registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Media Motion Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Media Motion Online has the right to suspend or terminate your account and refuse any and all current or future use of the Services. All Media Motion Online registrations become the exclusive property of Media Motion Online, its affiliates, successors in interest, and subsidiaries. Media Motion Online reserves the right to use and reuse all registration and other personally identifiable user information subject to the Media Motion Online Privacy Policy, which is found at https://mediamotiononline.com/media-motion-online-inc/privacy-policy/. By using the Service, You acknowledge receipt of the Media Motion Online Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on Media Motion Online. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Media Motion Online Privacy Policy. For those portions of Media Motion Online that require registration, upon registering, you will receive a password. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Media Motion Online of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Media Motion Online cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
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.
You expressly acknowledge and agree that Media Motion Online may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Media Motion Online, its users and the public. You acknowledge and agree that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You further acknowledge and agree that other data collected and maintained by Media Motion Online with regard to its users may be disclosed in accordance with Media Motion Online’s Privacy Policy.
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:
By Mail:
Media Motion Online, Inc.
c/o Copyright Agent or General Counsel
P.O. Box 2113
Universal City, TX 78148
Phone: +1.210.485.5777
By Email: copyright@mediamotiononline.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.
11. Indemnity.
You agree to indemnify and hold Media Motion Online and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of this Terms of Use Agreement or any other applicable published Media Motion Online usage terms, conditions, policies, or requirements, or your violation of any rights of another.
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.
These Terms of Use Agreement and the relationship between you and Media Motion Online shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida for the adjudication of any and all claims arising out of your use of Media Motion Online, and you waive any objection thereto.[/vc_column_text][/vc_column][/vc_row]