Terms of Service
- Terms of Service:
- Access to Application:
- Deployment of MoveBooker code:
- General Restrictions:
- Responsibility of Contributors:
- Trial Subscriptions:
- General Terms:
- Automatic Renewal:
- Invalid Payment:
- Responsibility of Website Visitors:
- Content Posted on Other Websites:
- Copyright Infringement and DMCA Policy:
- Intellectual Property:
- Domain Names:
- Disclaimer of Warranties:
- Limitation of Liability:
- General Representation and Warranty:
- Aggregated Anonymous Data:
- Force Majeure:
The following terms and conditions govern all use of the MoveBooker application and all content, services and products available at or through the website,
Please read this Agreement carefully before accessing and/or using the Application. By accessing or using any part of the application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Application or use any services. If these terms and conditions are considered an offer by MoveBooker, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
If you create an account on the Website, you are responsible for maintaining the security of your account, and for all activities that occur under the account, and any other actions taken in connection with the account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade in the name or reputation of others; MoveBooker may change or remove any data or content that it considers inappropriate or unlawful, or otherwise likely to cause MoveBooker liability. You must immediately notify MoveBooker of any unauthorized use of your account, or any other breaches of security. MoveBooker will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You will implement all MoveBooker code in strict accordance with the Documentation and other instructions provided. You acknowledge that any changes made to the Properties after initial implementation of MoveBooker Code may cause the Services to cease working or function improperly and that MoveBooker has no responsibility for the impact of any such changes.
You will not (and will not permit any third party to): (a) rent, lease, provide access to or sublicense the Application to a third party; (b) use the Application to provide, or incorporate the Application into, any product or service provided to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Application, except to the extent expressly permitted by applicable law (and then only upon advance notice to Intercom); (d) copy or modify the Application or any Documentation, or create any derivative work from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Application (including without limitation (i)the "Powered by MoveBooker" designation that may appear as part of the deployment of the Services on Customer Properties and (ii) notices on any reports or data printed from the Services); or (f) publicly disseminate information regarding the performance of the Application.
If you collaborate with any third parties on your account that provide Content, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MoveBooker or otherwise. By submitting Content to MoveBooker for inclusion on your Account, you grant MoveBooker a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, MoveBooker will use reasonable efforts to remove it from the Application, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MoveBooker has the right (though not the obligation) to, in MoveBooker’s sole discretion (i) refuse or remove any content that, in MoveBooker’s reasonable opinion, violates any MoveBooker policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Application to any individual or entity for any reason, in MoveBooker’s sole discretion. MoveBooker will have no obligation to provide a refund of any amounts previously paid.
If you receive free access or a trial or evaluation subscription to the Service, then you may use the Application in accordance with the terms and conditions of this Agreement for a period of fourteen (14) days or any other period granted by MoveBooker. Trial Subscriptions are permitted solely for your use to determine whether to purchase a paid subscription to the Application. Trial Subscriptions may not include all functionality and features. If Customer does not enter into a paid subscription, the agreement and customer’s right to access and use the Application will terminate at the end of the Trial Period. MoveBooker has the right to terminate a Trial Subscription at any time for any reason. MoveBooker will have no warranty, indemnity, support, or other obligations with respect to trial subscriptions.
Services beyond any trial subscriptions are available on the Application via paid subscriptions. By selecting a subscription plan, you agree to pay MoveBooker the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Subscription fees are not refundable.
Unless you notify MoveBooker before the end of the applicable subscription period that you want to cancel a Subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the account section of your site’s dashboard or by emailing MoveBooker at support@getmoveBooker.com with a cancellation request.
If a payment is not successfully settled due to expiration of a Credit Card, insufficient funds, or otherwise, you remain responsible for any amounts not remitted to MoveBooker and MoveBooker may either (i) invoice you directly for the deficient amount, (ii) continue billing the Credit Card once it it has been updated by you (if applicable) or (iii) terminate your account access.
MoveBooker has not reviewed, and cannot review, all of the material, including computer software, posted to the Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Application, MoveBooker does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MoveBooker disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MoveBooker links, and that link to MoveBooker. MoveBooker does not have any control over those non-MoveBooker websites and webpages, and is not responsible for their contents or their use. By linking to a non-MoveBooker website or webpage, MoveBooker does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MoveBooker disclaims any responsibility for any harm resulting from your use of non-MoveBooker websites and webpages.
As MoveBooker asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MoveBooker violates your copyright, you are encouraged to notify MoveBooker. MoveBooker will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MoveBooker will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MoveBooker or others. In the case of such termination, MoveBooker will have no obligation to provide a refund of any amounts previously paid to MoveBooker.
This Agreement does not transfer from MoveBooker to you any MoveBooker third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MoveBooker. MoveBooker, MoveBooker, MoveBooker.com, MoveBookerApp.com, the MoveBooker logo, and all other trademarks, service marks, graphics and logos used in connection with MoveBooker.com, or the Website are trademarks or registered trademarks of MoveBooker or MoveBooker’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MoveBooker or third-party trademarks.
MoveBooker reserves the right to display attribution links such as ‘Powered by MoveBooker’. Footer credits may not be altered or removed regardless of subscriptions purchased.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities .
MoveBooker reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MoveBooker may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MoveBooker may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MoveBooker account (if you have one), you may simply discontinue using the Website and end any active subscriptions. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. MoveBooker and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MoveBooker nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will MoveBooker, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MoveBooker under this agreement during the twelve (12) month period prior to the cause of action. MoveBooker shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless MoveBooker, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to any Customer Data or breach or your violation of this Agreement.
You agree that MoveBooker may obtain and aggregate technical and other data about your use of the Application that is non-personally identifiable with respect to Customer and MoveBooker may aggregate anonymous data to analyze improve, support and operate the Application and otherwise for any business purpose during and after the term of this Agreement.
Neither party will be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events that occur after the signing of this Agreement and that are beyond the reasonable control of such party, such as strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
This Agreement constitutes the entire agreement between MoveBooker and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MoveBooker, or by the posting by MoveBooker of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MoveBooker may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.