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| 1. Your Acceptance |
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| BY USING AND/OR VISITING THIS WEBSITE (collectively,
including all Content available through the submove.com domain name,
the "Submove Website", or "Website"), YOU INDICATE
YOUR ACCEPTANCE TO BOTH THESE TERMS AND CONDITIONS (the "Terms
of Service") AND THE TERMS AND CONDITIONS OF SUBMOVE'S PRIVACY
NOTICE, WHICH ARE PUBLISHED AT the privacy section,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree
to any of these terms, then please do not use the Submove Website. |
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| 2. Website Access |
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| A. Submove hereby grants you permission to use
the Website as set forth in this Terms of Service, provided that:
(i) your use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of
the Website in any medium without Submove's prior written authorization;
(iii) you will not change or alter any part of the Website other than
as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and conditions
of these Terms of Service. |
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| B. In order to access some features of the Website,
you will have to create an account. You may never use another's account
without permission. When creating your account, you must provide accurate
and complete information. You are solely responsible for the activity
that occurs on your account, and you must keep your account password
secure. You must notify Submove immediately of any breach of security
or unauthorized use of your account. Although Submove will not be
liable for your losses caused by any unauthorized use of your account,
you may be liable for the losses of Submove or others due to such
unauthorized use. |
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| C. You agree not to use or launch any automated
system, including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a
manner that sends more request messages to the Submove servers in
a given period of time than a human can reasonably produce in the
same period by using a convention on-line web browser. Notwithstanding
the foregoing, Submove grants the operators of public search engines
permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of
the materials, but not caches or archives of such materials. Submove
reserves the right to revoke these exceptions either generally or
in specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions. |
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| 3. Submove Website |
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| These Terms of Service apply to all users of the
Submove Website, including users who are also contributors of video
content and other materials or services on the Website. The Submove
Website may contain links to third party websites that are not owned
or controlled by Submove. Submove has no control over, and assumes
no responsibility for, the content, privacy policies, or practices
of any third party websites. In addition, Submove will not and cannot
censor or edit the content of any third-party site. By using the Website,
you expressly relieve Submove 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 Submove Website and to read the terms
and conditions and privacy policy of each other website that you visit. |
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| 4. Intellectual Property Rights |
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| The content on the Submove Website, except all
User Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are
owned by or licensed to Submove, subject to copyright and other intellectual
property rights under Switzerland and foreign laws and international
conventions. Content on the Website 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. Submove
reserves all rights not expressly granted in and to the Website and
the Content. You agree to not engage in the use, copying, or distribution
of any of the Content other than expressly permitted herein, including
any use, copying, or distribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you download
or print a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You agree
not to circumvent, disable or otherwise interfere with security related
features of the Submove Website or features that prevent or restrict
use or copying of any Content or enforce limitations on use of the
Submove Website or the Content therein. |
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| 5. User Submissions |
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| A. The Submove Website may now or in the future
permit the submission of videos or other communications submitted
by you and other users ("User Submissions") and the hosting,
sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Submove does
not guarantee any confidentiality with respect to any submissions. |
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| B. You shall be solely responsible for your own
User Submissions and the consequences of posting or publishing them.
In connection with User Submissions, you affirm, represent, and/or
warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Submove to use all
patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and use
of the User Submissions in the manner contemplated by the Website
and these Terms of Service; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual
person in the User Submission to use the name or likeness of each
and every such identifiable individual person to enable inclusion
and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity, you retain all of
your ownership rights in your User Submissions. However, by submitting
the User Submissions to Submove, you hereby grant Submove a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with the Submove Website
and Submove's (and its successor's) business, including without limitation
for promoting and redistributing part or all of the Submove Website
(and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the Submove Website
a non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through
the functionality of the Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove or
delete a User Submission from the Submove Website. |
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| C. In connection with User Submissions, you further
agree that you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner
to post the material and to grant Submove all of the license rights
granted herein; (ii) publish falsehoods or misrepresentations that
could damage Submove or any third party; (iii) submit material that
is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv)
post advertisements or solicitations of business: (v) impersonate
another person. Submove does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and Submove
expressly disclaims any and all liability in connection with User
Submissions. Submove does not permit copyright infringing activities
and infringement of intellectual property rights on its Website, and
Submove will remove all Content and User Submissions if properly notified
that such Content or User Submission infringes on another's intellectual
property rights. Submove reserves the right to remove Content and
User Submissions without prior notice. Submove will also terminate
a User's access to its Website, if they are determined to be a repeat
infringer. A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed
from the Website more than twice. Submove also reserves the right
to decide whether Content or a User Submission is appropriate and
complies with these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such as,
but not limited to, pornography, obscene or defamatory material, or
excessive length. Submove may remove such User Submissions and/or
terminate a User's access for uploading such material in violation
of these Terms of Service at any time, without prior notice and at
its sole discretion. |
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| D. In particular, if you are a copyright owner
or an agent thereof and believe that any User Submission or other
content infringes upon your copyrights, you may submit a notification
with the following information: |
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| (i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; |
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| (ii) Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site; |
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| (iii) Identification of the material that is claimed
to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled and information
reasonably sufficient to permit the service provider to locate the
material; |
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| (iv) Information reasonably sufficient to permit
the service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail; |
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| (v) A statement that you have a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and |
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| (vi) A statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed. |
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| Send your notifications to the following e-mail
address: copyright at submove.com,
telephone: 4122-700 76 80. Other feedback, comments, requests for
technical support, and other communications should be directed to
Submove customer service through the contact page.
You acknowledge that if you fail to comply with all of the requirements
of this Section your copyright infringement notice may not be valid. |
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| E. You understand that when using the Submove
Website, you will be exposed to User Submissions from a variety of
sources, and that Submove is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any
legal or equitable rights or remedies you have or may have against
Submove with respect thereto, and agree to indemnify and hold Submove,
its Owners/Operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your
use of the site. |
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| F. Submove permits you to link to materials on
the Website for personal, non-commercial purposes only. In addition,
Submove provides an "Embeddable Player" feature, 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 Submove website on the pages containing
the Embeddable Player. Submove reserves the right to discontinue any
aspect of the Submove Website at any time. |
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| 6. Limitation of Liability |
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| IN NO EVENT SHALL SUBMOVE’S TEAM BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER 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
OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR 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 SUBMOVE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE
JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SUBMOVE SHALL NOT BE LIABLE FOR
USER 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 Submove from its facilities
in Switzerland. Submove makes no representations that the Submove
Website is appropriate or available for use in other locations.
Those who access or use the Submove Website from other jurisdictions
do so at their own will and are responsible for compliance with
local law.
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| 7. Disclaimer |
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| YOU AGREE THAT YOUR USE OF THE SUBMOVE WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
SUBMOVE’S TEAM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SUBMOVE MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE 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 OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
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 OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 SUBMOVE WEBSITE. SUBMOVE DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SUBMOVE WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SUBMOVE
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. |
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| 8. Indemnity |
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| You agree to defend, indemnify and hold harmless
Submove’s Team 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: (i) your use of
and access to the Submove Website; (ii) your violation of any term
of these Terms of Service; (iii) your violation of any third party
right, including without limitation any copyright, property, or privacy
right; or (iv) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation
will survive these Terms of Service and your use of the Submove Website. |
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| 9. Ability to Accept Terms of Service |
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| 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 of Service, and to abide by and comply with
these Terms of Service. In any case, you affirm that you are over
the age of 13, as the Submove Website is not intended for children
under 13. If you are under 13 years of age, then please do not use
the Submove Website—there are lots of other great web sites
for you. Talk to your parents about what sites are appropriate for
you. |
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| 10. Assignment |
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| These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but
may be assigned by Submove without restriction. |
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| 11. General |
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| You agree that: (i) the Submove Website shall
be deemed solely based in Geneva Switzerland; and (ii) the Submove
Website shall be deemed a passive website that does not give rise
to personal jurisdiction over Submove, either specific or general,
in jurisdictions other than Switzerland. These Terms of Service shall
be governed by the internal substantive laws of Switzerland, without
respect to its conflict of laws principles. Any claim or dispute between
you and Submove that arises in whole or in part from the Submove Website
shall be decided exclusively by a competent jurisdiction located in
Switzerland. These Terms of Service, together with the Privacy Notice
at http://www.Submove.com/privacy and any other legal notices published
by Submove on the Website, shall constitute the entire agreement between
you and Submove concerning the Submove Website. If any provision of
these Terms of Service 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 of Service, which shall remain
in full force and effect. No waiver of any term of this these Terms
of Service shall be deemed a further or continuing waiver of such
term or any other term, and Submove's failure to assert any right
or provision under these Terms of Service shall not constitute a waiver
of such right or provision. Submove reserves the right to amend these
Terms of Service at any time and without notice, and it is your responsibility
to review these Terms of Service for any changes. Your use of the
Submove Website following any amendment of these Terms of Service
will signify your assent to and acceptance of its revised terms. YOU
AND SUBMOVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE SUBMOVE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. |
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