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Motionbox Terms and Conditions

Summary of Motionbox Terms and Conditions

This is a summary only. For our complete Terms and Conditions, click here. Please note that while our Terms and Conditions may change from time to time, you will always find the most recent version here.

Age: You must be at least 13 years of age to sign-up for Motionbox. See Age/Ability to Accept Terms and Conditions section of this document for more details.

Your videos are your own. Motionbox claims no ownership rights to the content you submit to the site. You may modify or delete your own content at any time.

You control who views your content. Motionbox is designed to provide an environment and tools so that you can share your videos publicly with the world, or privately, with your own friends and family.

Your personal information is protected. Your privacy is extremely important to us and we strive to protect it. Please see our Privacy Policy for details.

You are responsible for the content that you upload to Motionbox. By submitting content to our site, you affirm that you own or have acquired all rights to your submission and content. You must not submit content to our site that is offensive, abusive, libelous or in violation of the laws in your jurisdiction or these Terms and Conditions. Motionbox reserves the right to reject or remove such content from the Website.

Motionbox reserves the right to terminate your account if you do not comply with the terms and conditions.

To read the complete Motionbox Terms and Conditions, please see below.

TERMS AND CONDITIONS

Last updated July 20, 2007

Your Acceptance

By visiting this website (collectively, including all Motionbox Content (defined below under “Trademarks; Ownership”) available through the Motionbox domain name, the “Motionbox Website,” or “Website”; the terms “Motionbox Website” and the “Website” also refer to those portions of the Website that are co-branded or co-labeled with a third party name or brand) and/or using or accessing the services (the “Service”) provided by Motionbox, Inc. (”Motionbox”, “we” or “us”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms and Conditions”) AND THE TERMS AND CONDITIONS OF MOTIONBOX’S PRIVACY POLICY WHICH ARE PUBLISHED AT http://www.motionbox.com/help/terms, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. These Terms and Conditions govern your use of the Website and the Service, including any software that Motionbox makes available to users of the Service (the “Software”). Each time you use the Motionbox Website, the current version of these Terms and Conditions will apply. Accordingly, when you use the Motionbox Website, you should check the date of the Terms and Conditions (which appears at the top) and review any changes since the last version. These Terms and Conditions apply to all users of the Motionbox Website, Service or Software, including users who are also contributors of video content, information, and other materials or services on the Website. If you do not agree to any of these terms, then please do not use the Motionbox Website, Service or Software.

If you are entering into this Agreement on behalf of a client or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” shall refer to such entity.

If you are entering into this Agreement on behalf of a client or other legal entity, you may only designate users within such legal entity who agree to be bound by this Agreement as authorized Users on such legal entity’s behalf.

You may access the Service solely for your internal purposes and you may not resell or otherwise distribute the Service without the advance written permission of Motionbox.

Your Conduct and Responsibilities

You hereby agree to the following with regard to your use of the Website, Service or Software:

You shall provide accurate, true and current information as prompted during the registration process and shall maintain and update such information to keep it accurate, true and current at all times.
You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, video clips, photos, other media content and comments regardless of whether or not you are the person posting such content or comments (collectively, the “User Content”).
You represent and warrant that all User Content that you post to the Website shall be your wholly original material (except for material that you are using with the permission of its owner), and will not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
You shall be solely responsible for keeping a duplicate copy of all User Content that you post to the Website and we do not accept any responsibility or liability for the loss of your User Content.
You shall not share your password with any other person or post it on this or any other website. “Partner” shall mean any person, entity or organization with whom Motionbox enters into any kind of business transaction relating to the Service or User Content. Neither Motionbox nor any of its Partners is responsible or liable for any unauthorized use of your account.
You shall not use the Motionbox Service for any illegal or unauthorized purpose.
You shall not attempt to hack, destabilize or adapt the Motionbox Website or Software or its source code, or alter another website so as to falsely imply that it is affiliated with Motionbox.
You shall not transmit worms, viruses or any code of a destructive nature to Motionbox or its users.
You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Website or Service.
Your account shall be terminated if it is used for hosting graphic elements of web page designs, icons, buddy icons, forum avatars, badges and other elements outside of the Motionbox Website or Service.
We may make third party software and/or services (such as upload software and tape transfers) available to you in conjunction with the use of Motionbox Website and Service. You are responsible for ensuring that you are in possession of any and all necessary licenses or other documentation for the products provided by any third party and that you understand and comply with the terms and conditions of such licenses.
You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of our Website, Services and Software and for paying all charges related thereto.
Any comments, suggestions, or feedback relating to the Website, Service or Software (collectively “Feedback”) submitted to Motionbox shall become the property of Motionbox or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Website or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Website, Service, Software or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
You shall not abuse, harass, threaten, harm or impersonate other Motionbox users or employees of Motionbox or any of its Partners, at any time or for any reason.
You shall not post User Content deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability.
You shall not broadcast or send any form of advertising, mass communication or solicitation to any Motionbox users.
You understand that when using the Motionbox Website or Service, you will be exposed to User Content provided by other users and you agree that neither Motionbox nor any of its Partners is responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content. If you believe that another user has violated the Terms and Conditions or has engaged in unlawful behavior on the Motionbox Website, please let us know.

User Content

You retain your ownership rights to the User Content you upload to the Motionbox Website.

Grant of Rights

You hereby grant to Motionbox a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sublicensees (including, without limitation, licensing your User Content to our Partners) to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. Motionbox and its Partners reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. If you mark your Content as “Public User Content”, you acknowledge that any Motionbox user may exercise the Motionbox User Rights with respect to such Public User Content as set forth below. For more information on User Content, please review our Privacy Policy.

You are responsible for your own User Content on the Motionbox Website and the consequences of posting or publishing it. By uploading User Content to the Motionbox Website, you hereby represent and warrant that:

You own all right, title and interest (including all intellectual property rights) in your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant the rights in your User Content described herein;
You have already paid, and you will be solely responsible for paying (to the extent any later become due) all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website and the Services.
You are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from any and all individuals (including consent from parents or guardians for any individual under the age of eighteen (18)) who appear and/or are heard in your User Content to grant the rights described herein;
You shall make such permissions available to Motionbox and its Partners upon request;
Your User Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party;
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of Motionbox; and
You agree that your User Content shall be Public User Content (as defined in the Privacy Policy) by default unless and until you change the privacy settings associated with such User Content.

You grant the rights hereunder whether or not your User Content is used by Motionbox, any other Motionbox users or Motionbox’s Partners. You acknowledge that your consideration for the rights you grant under these Terms and Conditions in and to your User Content is, among other things, the tools and functionality provided for your use on the Website and the possibility of Motionbox or its Partners (or any of them individually) review or use of your User Content. You will not receive any further compensation of any kind for your User Content and you will not receive credit on or in association with the User Content. Your User Content will not be acknowledged, returned or held “in confidence” by Motionbox or its Partners. Motionbox and its Partners reserve the right in their respective sole discretion to remove or not post any User Content, for any reason. User Content will not be returned, and Motionbox and its Partners have no obligation to inform you of any decision to remove or not post such materials.

Motionbox User Rights

Motionbox grants you a non-exclusive, non-transferable, world-wide, royalty-free, revocable license to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse any Public User Content of other users of Motionbox (or any portions or derivative works thereof) solely for non-commercial purposes, solely for use on and in connection with the Motionbox Website and Service and the websites of any or all of its Partners in accordance with these Terms and Conditions and solely to the extent of the license granted by the user to Motionbox under these Terms and Conditions regarding such user’s Public User Content (”Motionbox User Rights”). For purposes of determining if a user’s User Content is Public User Content and subject to the license granted pursuant to this paragraph, such determination shall be made solely at the time a user downloads another user’s Public User Content and a subsequent change in privacy setting shall in no way alter or change the license granted hereunder. For more information on Public User Content, please review our Privacy Policy.

We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or other rights, or these Terms and Conditions. While Motionbox prohibits offensive and unlawful conduct and content on its Website and Service, you understand and agree that neither Motionbox nor its Partners is responsible or liable for the User Content posted on the Website. You may be exposed to such materials and agree to use the Motionbox Service at your own risk.

You understand that User Content is made available to Motionbox users on an AS-IS, AS-AVAILABLE basis. Neither Motionbox nor its Partners guarantees that the availability of User Content for use, editing, viewing or downloading will be uninterrupted, bug free or available at all times. Motionbox reserves the right to discontinue any aspect of the Motionbox Website or Service at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.

Motionbox may provide you with an “Embeddable Player” feature to enable you to incorporate certain User Content hosted by the Motionbox Website which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website; provided that you include a prominent link back to the Motionbox Website on all the pages containing the Embeddable Player. Motionbox shall have no responsibility or liability for the User Content its users post to other websites, and the removal of such content is the sole responsibility of those other websites.

Software

License. Subject to these Terms and Conditions, Motionbox grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer system in machine-executable object code form only. You may make one copy of the Software solely for your own emergency backup purposes, provided you include all copyright and trademark notices on the back-up copy.
Restrictions. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Motionbox; (ii) sublicense, sublease, lease, lend, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Software and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever; (iv) remove or alter any copyright and/or other proprietary notices contained on or in the Software; (v) use the Software for unlawful purposes, including to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism, or to facilitate such unlawful purposes.
Ownership. You have no ownership rights in the Software or any related documentation. You acknowledge that the Software, including the related documentation and any new releases, modifications, and enhancements thereto, belong to us and our licensors if any, including all intellectual property rights therein. Motionbox and its licensors retain all right, title, and interest in and to the Software and any related documentation. You understand and agree that you shall gain no right, title, or interest in or to the Software by virtue of your Feedback and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the Software (or any changes, modifications, or corrections thereto). If you are ever held or deemed to hold any right in or to the Software (or any changes, modifications, or corrections thereto) by virtue of your Feedback, then you hereby irrevocably assign to Motionbox all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement worldwide of such rights against Motionbox and hereby grant to Motionbox an exclusive license, with right to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights. You further acknowledge that the Software, and any documentation and other information relating thereto include some of our valuable trade secrets or confidential information, and agree to treat the Software and such information as well as the terms of this Agreement as our confidential and proprietary information. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND INTELLECTUAL PROPERTY LAWS AND THAT UNAUTHORIZED USE MAY SUBJECT YOU TO CIVIL AND CRIMINAL LIABILITY.
Third Party Software. You understand and agree that portions of the Software or Service may include third party software that may be subject to a separate license agreement (not this license), that we have no responsibility or liability to you with respect to such third party software, and you agree to comply with and be bound by such separate license agreement. Use of the Service or Software may, in the future, require the installation of third party software which we may direct you to on our Website. This software is provided to you from the applicable third party and its use is subject to an end user license agreement with such third party and we will not be responsible for providing such third party software or its use.
Certain Third Party Notices. Portions of the Software are Copyright © 2005 Thomas Fuchs (http://script.aculo.us, http://mir.aculo.us), © 2005 Sam Stephenson and/or other copyright holders (including for SWFObject) who have licensed such portions under the form of the MIT License. Permission is hereby granted, free of charge, to any person obtaining a copy of such portions and associated documentation files (the “MIT-Licensed Portions”), to deal in the MIT-Licensed Portions without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the MIT-Licensed Portions, and to permit persons to whom the MIT-Licensed Portions are furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the MIT-Licensed Portions. THE MIT-LICENSED PORTIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE MIT-LICENSED PORTIONS OR THE USE OR OTHER DEALINGS IN THE MIT-LICENSED PORTIONS.
U.S. Government End Users. The Software and any related documentation are “commercial items” as that term is defined in 48 C.F.R.§2.101, consisting of “commercial computer software” and “commercial computer software documentation”, as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the United States Code of Federal Regulations, as applicable, the Software and related documentation are distributed and licensed to United States Government end users with only those restricted rights that are contained in these Terms and Conditions.

Copyright

Motionbox and its Partners respect the intellectual property of others, and we ask you and all of our users to do the same. Motionbox may remove content from the Website that violates these policies and/or disable and/or terminate the accounts of users who may violate our policies. If you believe that your User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Motionbox’s Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and email address;
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
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Send this information to:

By mail:

Motionbox

80 Broad Street, 28th Floor

New York, NY 10004

By email:

Trademarks; Ownership

The content on the Motionbox Website, Service and Software, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (”Motionbox Content”) and the trademarks, service marks and logos contained therein (”Marks”), are owned by or licensed to Motionbox, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Motionbox Content on the Website, Service and Software is provided to you AS IS for your information and personal use only and may not be used, 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. Motionbox reserves all rights not expressly granted in and to the Website, Service and Software and the Motionbox Content. You agree to not engage in the use, copying, or distribution of any of the Motionbox Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Motionbox Content for personal use, you must retain all copyright and other proprietary notices contained therein.

Third Party Websites

The Motionbox Website may contain links to third party websites that are not owned or controlled by Motionbox. Motionbox has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Motionbox will not and cannot censor or edit the content of any third party website. By using the Website, you expressly relieve Motionbox from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Motionbox Website and to read the terms and conditions and privacy policy of each other website that you visit.

Subscriptions and Fees

Motionbox reserves the right at any time to charge fees for access to new Motionbox Content or Services or to portions (or all) of the existing Website or Service. In no event will you be charged for access to any Motionbox Content or Service unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.

There are two levels of membership on Motionbox. The Basic Membership allows you to upload and publish User Content for viewing and downloading for free. The Premium Membership provides you the Basic Membership along with additional features. For an overview of Premium benefits, please view our Learn More page.

No contract will exist between you and Motionbox for any level of membership unless and until Motionbox indicates its acceptance of your order by a confirmatory e-mail, telephone conversation, or other appropriate means of communication. Upon such acceptance, a binding contract will be in effect between you and Motionbox. In the event you have chosen a Premium Membership, you warrant that you are authorized to make payment for the membership fee.

All membership prices are stated in U.S. dollars. Motionbox reserves the right to change pricing at any time; however, Motionbox will notify you of any change in pricing to any pending order and request your acceptance of the change prior to processing such order. In the event that you order a membership and the price published on the Service was incorrect, Motionbox will contact you to let you know the correct price and ask you whether you still wish Motionbox to fulfill your request at the correct price. Any dates specified for activation of any membership orders are intended to be an estimate only.

If you obtain a Motionbox Premium Membership as the customer of a Motionbox partner, you understand and agree that upon transfer of the premium membership to you, you are responsible for the activity that occurs on your account and you agree to be bound to the Terms and Conditions.

Right to Return - Service

Motionbox will not honor any refunds for any paid Motionbox services, including without limitation Premium Membership account payments, more than fourteen (14) days after you last submitted such payment to Motionbox. Should you find the need to request a refund, please email subscription@motionbox.com.

Right to Return - Product

You may return any product purchased from Motionbox for thirty (30) days after purchase for a replacement product, store credit or full refund, to be determined in Motionbox’s sole discretion. Please contact us at subscription@motionbox.com for information about where to ship products for return.

Renewals, Cancellation and Storage Capacity with Premium Membership

Your Motionbox Premium Membership will be automatically renewed on a monthly or annual basis as per the terms of the membership, without prior notice to you, unless and until you cancel your Premium Membership or we terminate it, to ensure uninterrupted access to your account. You must cancel your Premium Membership before it renews each month/year in order to avoid billing of the next month’s or year’s subscription fees.

You may cancel your Premium Membership at any time. Said cancellation will be effective at the end of the term of your Premium Membership. If you choose to cancel your Premium Membership you will not be refunded any portion of your membership fee and will have all rights associated with the Premium Membership until the end of your membership term. Cancellation may be requested via subscription@motionbox.com. All Motionbox Premium Membership accounts can only be closed by the account holder through the procedure described herein. Once your Premium Membership is cancelled, you will not incur additional fees for that account.

Registrants who join as Premium Members enjoy increased storage capacity and may continue to use this storage as long as their Premium Membership is current. There is no requirement for Motionbox to store User Content greater than the storage capacity permitted under the Basic Membership upon expiration of a Premium Membership, and Motionbox may delete User Content in its sole discretion once such expiration occurs.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MOTIONBOX WEBSITE, SERVICE AND SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTIONBOX, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, SERVICE AND SOFTWARE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT OR SYSTEMS INTEGRATION. NEITHER MOTIONBOX NOR ANY OF ITS PARTNERS MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, THE MOTIONBOX WEBSITE, THE SOFTWARE OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE’S 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 WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 MOTIONBOX WEBSITE. NEITHER MOTIONBOX NOR ANY OF ITS PARTNERS WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOTIONBOX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOTIONBOX AND ITS PARTNERS 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.

Limitation of Liability

IN NO EVENT SHALL MOTIONBOX, ITS PARTNERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES 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 THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE’S 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 WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE 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 MOTIONBOX WEBSITE. THE MAXIMUM LIABILITY OF MOTIONBOX FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU TO MOTIONBOX. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER MOTIONBOX NOR ANY OF ITS PARTNERS SHALL BE LIABLE FOR USER CONTENT OR SUBMISSIONS 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 Website is controlled and offered by Motionbox from its facilities in the United States of America. Motionbox makes no representations that the Motionbox Website is appropriate or available for use in other locations. Those who access or use the Motionbox Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Release and Indemnity

Without limiting the above, you hereby release, discharge and hold harmless Motionbox and its Partners and each of their respective employees, officers, directors and suppliers (collectively, “Releasees”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) arising out of, resulting from, or by reason of, your User Content, including without limitation any exploitation of your User Content, on any legal theory whatsoever (including, but not limited to, copyright infringement, personal injury, rights of privacy and publicity, idea misappropriation, false light, or defamation).

You agree to defend, indemnify and hold harmless Motionbox and its Partners, and each of their officers, directors, employees, and suppliers, 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 or in any way relating to: (i) your (or anyone using your account’s) use of and access to the Motionbox Website, Service or Software; (ii) your (or anyone using your account’s) violation of any term of these Terms and Conditions; (iii) your (or anyone using your account’s) violation of any third party right, including without limitation any intellectual property, copyright, property, personal injury or privacy right; or (iv) any claim that (or anyone using your account’s) User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Motionbox Service and Website.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Motionbox or its Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of Motionbox and its Partners shall be the minimum permitted under such applicable law.

Modification or Termination of Service

You acknowledge that Motionbox may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Motionbox may at any time and from time to time to modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. Neither Motionbox nor its Partners are under any obligation to preserve, provide access to or return to you any User Content. You agree that Motionbox shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We reserve the right to refuse Service to anyone or to terminate a user’s account for any reason at any time.

Age/Ability to Accept Terms and Conditions

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Motionbox Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Motionbox Website—Talk to your parents about what sites are appropriate for you.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Motionbox without restriction.

General

You agree that: (i) the Motionbox Service and Website shall be deemed solely based in the State of New York, USA; and (ii) the Motionbox Website shall be deemed a passive website that does not give rise to personal jurisdiction over Motionbox, either specific or general, in jurisdictions other than New York. These Terms and Conditions shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Motionbox or any of its Partners, (and their respective officers, directors, employees and suppliers) shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms and Conditions, together with the Privacy Policy at http://www.motionbox.com/content/help/privacy and any other legal notices published by Motionbox on the Website, shall constitute the entire agreement between you and Motionbox concerning the Motionbox Service and Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Motionbox’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Motionbox reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Motionbox Website or Service following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND MOTIONBOX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOTIONBOX WEBSITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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