Terms of Use

General
Your use of TheMovingArts.com is subject to all terms and conditions presented on this page.  The Moving Arts reserves the right to modify these Terms at any time without notice by posting the new Terms here. Your use of this website represents your full and binding acceptance of these Terms, including any modifications that may be made.

The Moving Arts reserves the right, but not the obligation, to take any actions at its sole discretion at any time and for any reason without giving any prior notice including, but not limited to: Restricting, suspending, or terminating your access to all or any part of our Services; Changing, suspending, or discontinuing all or any part of our Services; Refusing, moving, or removing any material that you submit to our sites for any reason; Refusing, moving, or removing any content that is available on our sites; Deactivating or deleting your accounts and all related information and files in your account; Establishing general practices and limits concerning use of our sites.

You agree that we will not be liable to you or any third party for taking any of these actions or any other actions we so express or desire.

You understand that The Moving Arts publishes advertisements which may or may not be clearly marked.  The Moving Arts is not responsible any for loss, detriment, or otherwise adverse affect incurred by viewing, clicking on or contracting with, in any way shape or form, the proprietors of these advertisements.

Content
All materials published on themovingarts.com, including, but not limited to photographs, written content, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or the copyrights or trademarks of the proprietors of said content. You agree to not modify, publish, participate in the transfer or sale of, reproduce, or in any way exploit any content whatsoever found on themovingarts.com.

You certify that you own all intellectual property rights for any content that you upload, email, or in any way produce for use on themovingarts.com thereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our site or any other site we may create or acquire, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

We strive for, but do not guarantee the accuracy, the integrity, or the quality of the content on our sites.  You assume all risks which may occur from viewing, hearing, or reading content that you may find offensive, indecent, or objectionable or that is inaccurate. We reserve the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-Party Links
This site contain links to other sites unaffiliated with themovingarts.com. Your use of any of those sites is wholly subject to the terms and conditions, if any, which said websites require. We have no control over and are not responsible for any content on them.  Any third-party link found our site is not necessarily an endorsement of said site’s content or the site in general, and we cannot be held accountable for any detriment you may suffer from anything found on any site whose link you find at themovingarts.com.

We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

Privacy policy
Any information we may collect from you, is subject to our privacy policy.

Your conduct on our sites
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

  1. Harass, stalk, threaten, or otherwise violate the legal right of others;
  2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
  3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
  4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
  5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
  6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
  8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
  9. Collect or store personal information about other end users;
  10. Interfere with or disrupt our sites, servers, or networks;
  11. Impersonate any person or entity, including, but not limited to, a The Moving Arts representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
  13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  14. Engage in any illegal activities.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by The Moving Arts for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.

Requests to remove certain content from our sites
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us.

Indemnification
You hereby agree to indemnify, defend and hold The Moving Arts and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “The Moving Arts Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any The Moving Arts Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  1. Your use of our sites;
  2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  3. The content, the quality, or the performance of content that you submit to our sites;
  4. Your connection to our sites;
  5. Your violation of these Terms; or
  6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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 our sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and The Moving Arts and govern your use of our sites, superceding any prior agreements that you may have with us.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

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