1. ACCEPTANCE OF TERMS
MoviTrade.com provides a collection of online resources, including
classified ads (referred to hereafter as "the Service") subject to
the following Terms of Use ("Terms"). By using the Service in any
way, you are agreeing to comply with these Terms. Should you object
to any term or condition of these Terms, any guidelines, or any
subsequent modifications thereto or become dissatisfied with
MoviTrade.com in any way, your only recourse is to immediately
discontinue use of MoviTrade.com.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
3. CONTENT
You understand that all postings, messages, text, files, images,
photos, video, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are
entirely responsible for all Content that you post, email or
otherwise make available via the Service. You understand that
MoviTrade.com does not control, and is not responsible for, Content
made available through the Service, and that by using the Service,
you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under
no circumstances will MoviTrade.com be liable in any way for any
Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise made
available via the Service. You acknowledge that MoviTrade.com does
not pre-screen or approve Content, but that MoviTrade.com shall have
the
right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for
violating the letter or spirit of the Terms or for any other reason.
Opinions, advice, statements, offers, or other information or
content made available through the Service, but not directly by
MoviTrade.com, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for
such content. MOVITRADE.COM DOES NOT: (i) GUARANTEE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND
(ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY
OTHER THAN MOVITRADE.COM. UNDER NO CIRCUMSTANCES WILL MOVITRADE.COM
BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S
RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR
TRANSMITTED TO OR BY ANY REGISTERED USERS.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
MoviTrade.com and Content available through the Service may contain
features and functionalities that may link you or provide you with
access to third party content which is completely independent of
MoviTrade.com, including web sites, directories, servers, networks,
systems, information and databases, applications, software,
programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such organizations and/or individuals. You should make
whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
You agree that MoviTrade.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings. If there is a dispute between participants on this site,
or between users and any third party, you understand and agree that
MoviTrade.com is under no obligation to become involved. In the
event that you have a dispute with one or more other users, you
hereby release MoviTrade.com, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and/or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify MoviTrade.coms
agent for notice of claims of copyright or other intellectual
property infringement ("Agent"), at:
admin@movitrade.com
Please provide our Agent with the following Notice:
Identify the material on the MoviTrade.com site that you claim is
infringing, with enough detail so that we may locate it on the
website;
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;
A statement by you declaring under penalty of perjury that (1) the
above information in your notice is accurate, and (2) that you are
the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
MoviTrade.com will remove the infringing posting(s), subject to the
procedures outlined in the Digital Millenium Copyright Act (the DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
MoviTrade.com has established a Privacy Policy to explain to users
how their information is collected and used, which is located at the
following web address:
http://www.movitrade.com/privacy_policy.asp
Your use of the MoviTrade.com website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that MoviTrade.com may, in its sole
discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: comply with legal process; enforce these Terms;
respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information (e.g.
phone number, street address) of a third-party has been posted or
transmitted without their consent or as a form of harassment; or
protect the rights, property, or personal safety of MoviTrade.com,
its users or
the general public.
7. CONDUCT WITH RESPECT TO SERVICES
While using the Site, you will not:
use the Site if you are not able to form legally binding
contracts, are under the age of 18, or are temporarily or
indefinitely suspended from our Site;
fail to deliver payment for items purchased by you;
fail to deliver items purchased from you, unless the buyer fails
to meet the posted terms;
interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process,
or fees owed to MoviTrade;
post false, inaccurate, misleading, defamatory, or libelous
content (including personal information);
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm
MoviTrade, or the interests or property of our users;
copy, modify, or distribute content from the Site and MoviTrade's
copyrights and trademarks; or
harvest or otherwise collect information about users, including
email addresses, without their consent.
post Content that:
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is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous,
invasive of another's privacy, or is harmful to minors
in any way; |
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harasses, degrades,
intimidates or is hateful toward an individual or group
of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability; |
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is false, deceptive,
misleading, deceitful, or constitutes "bait and switch" |
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infringes any patent,
trademark, trade secret, copyright or other proprietary
rights of any party, or Content that you do not have a
right to make available under any law or under
contractual or fiduciary relationships; |
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advertises any illegal
service or the sale of any items the sale of which is
prohibited or restricted by any applicable law; or |
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disrupts the normal flow of
dialogue with an excessive number of messages (i.e. a
flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the
Service. |
8. LIMITATIONS ON SERVICE
You acknowledge that MoviTrade.com may establish limits concerning
use of the Service, including the maximum number of days that
Content will be retained by the Service, the maximum number and size
of postings, email messages, or other Content that may be
transmitted or stored by the Service, and the frequency with which
you may access the Service. You agree that MoviTrade.com has no
responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge
that MoviTrade.com reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without
notice, and that MoviTrade.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of
the Service.
9. ACCESS TO THE SERVICE
MoviTrade.com grants you a limited, revocable, nonexclusive license
to access the Service for your own personal use. This license does
not include any collection, aggregation, copying, duplication,
display or derivative use of the Service nor any use of data mining,
robots, spiders, or similar data gathering and extraction tools for
any purpose unless expressly permitted by MoviTrade.com. Use of the
Service beyond the scope of authorized access granted to you by
MoviTrade.com immediately terminates said permission or license. In
order to collect, aggregate, copy, duplicate, display or make
derivative use of the Service or any Content made available via the
Service for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from MoviTrade.com.
10. TERMINATION OF SERVICE
You agree that MoviTrade.com, in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or
use of the Service (or any part thereof), immediately and without
notice, and remove and discard any Content within the Service, for
any reason, including, without limitation, if MoviTrade.com believes
that you have acted inconsistently with the letter or spirit of the
Terms. Further, you agree that MoviTrade.com shall not be liable to
you or any third-party for any termination of your access to the
Service. Further, you agree not to attempt to use the Service after
said termination. Sections 2, 4, 6 and 9-15 shall survive
termination of these Terms.
11. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by
copyright and other intellectual property laws and international
treaties. Content displayed on or through the Service is protected
by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of
the site or the collective work, and/or copying or reproducing the
sites or any portion thereof to any other server or location for
further reproduction or redistribution is prohibited without the
express written consent of MoviTrade.com. You further agree not to
reproduce, duplicate or copy Content from the Service without the
express written consent of MoviTrade.com, and agree to abide by any
and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting
the foregoing, you agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any aspect of the
Service. MoviTrade.com is a registered mark in the U.S. Patent and
Trademark Office.
Although MoviTrade.com does not claim ownership of content that its
users post, by posting Content to any public area of the Service,
you automatically grant, and you represent and warrant that you have
the right to grant, to MoviTrade.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
Furthermore, by posting Content to any public area of the Service,
you automatically grant MoviTrade.com all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any
party for any purpose.
MoviTrade and MoviTrade.com are service marks of Girisken-Martowski
Group, LLC.
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE MOVITRADE.COM SITE AND THE SERVICE IS
ENTIRELY AT YOUR OWN RISK. THE MOVITRADE.COM SITE AND THE SERVICE
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED 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, MOVITRADE.COM DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE MOVITRADE.COM SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, MOVITRADE.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE MOVITRADE.COM SITE OR THE SITES OR SERVICE, OR
ACCESSED THROUGH ANY LINKS ON THE MOVITRADE.COM SITE. TO THE FULLEST
EXTENT PERMITTED BY LAW, MOVITRADE.COM DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
MOVITRADE.COM SITE OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS
MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MOVITRADE.COM BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF MOVITRADE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MOVITRADE.COM
SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
THE MOVITRADE.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE
MOVITRADE.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE MOVITRADE.COM SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE MOVITRADE.COM SITE OR
THE SERVICE OR ANY LINKS ON THE MOVITRADE.COM SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED
IN CONNECTION WITH THE MOVITRADE.COM SITE OR THE SERVICE OR ANY
LINKS ON THE MOVITRADE.COM SITE. THESE LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS,
LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS,
SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
14. INDEMNITY
You agree to indemnify and hold MoviTrade.com, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from
any claim or demand, including reasonable attorney fees and court
costs, made by any third party due to or arising out of Content you
submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the
representations and warranties herein, or your violation of any
rights of another.
15. GENERAL INFORMATION
The Terms constitute the entire agreement between you and
MoviTrade.com and govern your use of the Service, superceding any
prior agreements between you and MoviTrade.com. The Terms and the
relationship between you and MoviTrade.com shall be governed by the
laws of the Commonwealth of Pennsylvania without regard to its
conflict of law provisions. You and MoviTrade.com agree to submit to
the personal and exclusive jurisdiction of the courts located within
the county of Lancaster, Pennsylvania. The failure of MoviTrade.com
to exercise or
enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the Terms must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
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