PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (THESE “TERMS”) BEFORE ACCESSING OR USING THE MOVE DESING LABS WEBSITE AT MOVEDESIGNLABS.COM (THE “WEBSITE”). BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO CONSENT TO THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE.
The Website
The Website is owned and operated by Move Design Labs, LLC. As used in these Terms, the word “Website” shall also refer to the logos, designs, text, graphics, software, other content, and materials available through the Website and the selection and arrangement thereof (“Content”). Unless explicitly stated otherwise, any new features, functionalities, and/or services that augment or enhance the Website in the future shall be considered part of the Website and subject to these Terms.
By using or accessing the Website, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have the authorization of your parent or legal guardian to use and access the Website and to agree to these Terms; and/or (c) you will use the Website in accordance with these Terms.
Modification of These Terms and/or the Website
If you do not agree with any of these Terms, please do not use the Website. We reserve the right, at our sole discretion, to modify these Terms at any time without further notice. The most recent modification date will be noted by the Effective Date below. Your continued use of t Website after any such modification constitutes your acceptance of these Terms as modified. We may, at our sole discretion, terminate, change, modify, suspend, make improvements to, and/or discontinue any aspect of the Website, temporarily or permanently, including the availability of any features of the Website or access to any part of the Website, at any time with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuance, and/or termination of the Website.
Privacy
We do not sell your information. Please visit the privacy section on your user information for contextual and additional information.
User Conduct
By using or accessing the Website, you agree NOT TO:
In addition, you agree that you will comply with all applicable local, state, national, and/or international laws and regulations that relate to your use of or activities in connection with the Website.
You agree to immediately notify us if you suspect fraudulent or abusive activity or any other activity in violation of these Terms. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any investigation and to use any preventative measures we deem appropriate.
Submission of Ideas
Move Design Labs does not accept or consider any unsolicited creative ideas, suggestions, proposals, or materials, and we do not compensate anyone for any such unsolicited ideas, suggestions, proposals, or materials. The purpose of this policy is to avoid potential misunderstandings when ideas, campaigns, and other materials developed by us or our clients might appear to be similar or identical to submissions. Indeed, since we are continually developing various ideas in connection with our work, we may have already developed or may independently develop in the future the same or a similar idea ourselves.
In the event you do submit any unsolicited ideas, suggestions, proposals, or other materials, or provide any feedback based on the Content or any work we have done for our clients, you hereby grant to the Droga5 Parties (defined below) an irrevocable, perpetual, sublicensable, and royalty-free license to exercise the intellectual property rights in any such submissions made by you or on your behalf for any purpose at our sole discretion. We also reserve the right to delete unread or destroy any such submissions at our sole discretion.
Third-Party Applications, Links, and Content
The Website may include links or direct connections to other websites, content, and/or resources made available to you from third parties. For example, the Website may provide direct links to our clients’ websites or certain social-networking services. You acknowledge that we have no control over any such third-party applications, websites, content, and/or resources, which are made available by companies or persons other than us. You acknowledge and agree that we are not responsible for the availability of any such third-party applications, websites, content, and/or resources. You further acknowledge that we are not liable to you for any loss or damage that may be incurred by you as a result of these third-party applications, websites, content, and/or resources.
Proprietary Rights
All ownership rights and title in and to the Website, including all Content therein, are owned by us and/or our licensors and/or clients and protected under applicable copyright, trademark, and other proprietary rights and international treaties. Except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way the Website, including any Content therein, without our prior written permission. All rights not expressly granted to you through these Terms are retained by us and our licensors and clients.
Nothing in these Terms grants you any right to use any of our or our clients’ trademarks, service marks, logos, domain names, other indicia of origin, and/or any Content or other examples of the work we have done for our clients in the past.
Indemnity
You agree to indemnify and hold harmless Move Design Labs, our clients, and our and their respective parent companies, affiliates, subsidiaries, related entities, licensees, assignees, designees, representatives, officers, directors, members, managers, employees, agents, and those acting for them or on behalf of any of them (the “Move Design Labs”) from and against any and all losses, claims, damages, expenses, and/or liabilities of any kind (including settlement costs, court costs, and attorneys’ fees) resulting from or in any way, directly or indirectly, connected with your use of the Website or arising from your breach of these Terms, including any representation, warranty, obligation, and/or agreement set forth herein. As a part of your indemnification obligations, you agree to indemnify the Droga5 Parties from any claims or suits arising from any materials you provide to us.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING YOUR USE OF ANY CONTENT, APPLICATIONS, WEBSITES, AND/OR ANY GOODS OR SERVICES YOU MAY RECEIVE IN CONNECTION WITH THE WEBSITE AND/OR LINKS CONTAINED WITHIN THE WEBSITE).
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING NEGLIGENCE, SHALL THE MOVE DESIGN LABS PARTIES BE LIABLE FOR ANY DAMAGES, CLAIMS, AND/OR LOSSES INCURRED (INCLUDING DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING THOSE ARISING FROM AND/OR IN CONNECTION WITH THE FOLLOWING, EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, AND/OR LOSSES: (A) THE WEBSITE, INCLUDING ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT; (C) ANY THIRD-PARTY APPLICATION, WEBSITE, AND/OR WEBSITE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; AND/OR (E) ERRORS, SYSTEM DOWNTIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, AND/OR ANY OTHER WEBSITE INTERRUPTIONS OR UNAVAILABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE DROGA5 PARTIES’ CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
Contact Us
If you have any questions or comments regarding the Website, you may contact us here:
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