Los Angeles, CA • © 2023 MOORvision Inc.
Last updated: NOVEMBER 14, 2021
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Your MOORvision membership will continue and automatically renew until terminated. To use the MOORvision service you must have Internet access and and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
BILLING AND CANCELLATION
The membership fee for the MOORvision service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service, and may change, if you have signed during a promotional period. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
To use the MOORvision service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Updating your Payment Methods.
You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
You can cancel your MOORvision membership at any time, and you will continue to have access to the MOORvision service through the end of your billing period. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for MOORvision using your account with a third party as a Payment Method and wish to cancel your MOORvision membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the MOORvision service through that third party. You may also find billing information about your MOORvision membership by visiting your account with the applicable third party.
Changes to the Price and Subscription Plans.
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
The MOORvision service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your MOORvision membership, we grant you a limited, non-exclusive, non-transferable right to access the MOORvision service and view MOORvision content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view MOORvision content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously watch depends on your chosen subscription plan and is specified on the “Account” page.
The quality of the display of the MOORvision content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. MOORvision makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching MOORvision content show will vary based on a number of factors, including your location, available bandwidth at the time, the MOORvision content you have selected and the configuration of your MOORvision ready device.
MOORvision software may solely be used for authorized streaming and viewing of content from MOORvision through MOORvision ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the MOORvision and related third-party software. If you do not accept the foregoing terms, do not use our service.
PASSWORDS AND ACCOUNT
The member who created the MOORvision account and whose Payment Method is charged (the “Account Owner”) has access and control over the MOORvision account and the MOORvision ready devices that are used to access our service and is responsible for any activity that occurs through the MOORvision account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the MOORvision ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, MOORvision or our partners from identity theft or other fraudulent activity. MOORvision is not obligated to credit or discount a membership for holds placed on the account by either a representative of MOORvision or by the automated processes of MOORvision.
You acknowledge and agree that any unsolicited questions, comments, suggestions, ideas, feedback, or other information regarding our Site or Content (“Submissions”) provided by you to us are non-confidential and might possibly be similar to what MOORvision is already working on. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
For project pitches in idea or pre-production stages, submissions you want to be handled confidentially and under NDA, please contact email@example.com before you submit.
MOORvision FILM FESTIVAL
You, the authorized representative of the project named below (hereafter called the “Project”) to MOORvision for consideration for the MOORvision Film Festival (hereafter called the “Festival”), hereby acknowledges the following:
1. You represent and warrant to MOORvision that:
(a) You are duly authorized, on behalf of yourself and on behalf of all other persons or entities who have any ownership rights, licenses or interests (including, without limitation, intellectual property rights or distribution licenses) in or relating to the Project (collectively and separately hereafter called the “Project’s Owners”), to permit MOORvision to exhibit this Project in the Festival and to make the promises, representations and warranties set forth herein,
(b) exhibition of the Project in the Festival will not violate any law or any right or consent of any person or entity, whether such exhibition is theatrical (live), digital, or any combination thereof; and
(c) the Project is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Project the subject of any threat of litigation, arbitration, or other adverse claim or proceeding.
2. You further represent and warrant, on behalf of yourself and the Project’s Owners, that the exhibition of the Project in the Festival, whether live, digital, or any combination thereof, will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person or entity, and that the Project does not and will not constitute or include any defamation of any person or entity. All license fees, clearance fees, and other obligations, of any kind, arising from or associated with the exhibition of the Project in or in connection with the Festival, have been and will be timely paid in full.
It is Your sole responsibility to secure authorization and permission from the copyright & trademark owner(s) of any and all copyrighted or trademark content or materials included within the submitted Project. MOORvision expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted or trademarked content or materials within or relating to the submitted Project, including any content or materials that are or may become the basis for any third party claims for copyright or trademark infringement. MOORvision reserves the right to disqualify, without refund of any or all fees previously collected from You, any Project with any unauthorized inclusion of copyrighted or trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Project makes unauthorized or unlawful use of any copyrighted or trademarked content or material, You shall fully indemnify and defend MOORvision, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.
3. In the event that the Project is accepted by MOORvision for inclusion in the Festival, you acknowledge, on behalf of yourself and the Project’s Owners, that MOORvision’s exhibition or presentation of the Project in the Festival does not and will not create any confidential or fiduciary relationship between MOORvision on the one hand and You and/or the Project’s Owners on the other. You further acknowledge, on behalf of yourself and the Project’s Owners, that neither You nor any of the Project’s Owners will receive any compensation for such exploitation, although some Festival prizes may include cash awards. You acknowledge that no obligation of any kind is assumed by, or may be implied against, MOORvision or the Festival in the event of, by virtue of, or as a result of MOORvision’s selection of the Project for the Festival. You and the Project’s Owners understand and acknowledge that the selection of the Project for inclusion in the Festival does not and will not in any way constitute an express or implied endorsement or approval by MOORvision or the Festival of the content of the Project or any opinion expressed therein.
4. You agree, on behalf of yourself and each of the Project’s Owners, to indemnify and hold harmless MOORvision and the Festival, together with each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “MOORvision Related Parties”), from and against any and all claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that may be asserted by any person or entity, or may be incurred by MOORvision, the Festival, or any MOORvision Related Parties, at any time in connection with the Project or MOORvision’s use, handling, consideration or exhibition thereof, and/or arising from any breach or alleged breach of any representation made by you to MOORvision, the Festival or any MOORvision Related Parties, including, without limitation, any express or implied representation in these Terms and Conditions.
5. You warrant and agrees, on behalf of yourself and each of the Project’s Owners, that the Project is being submitted to MOORvision voluntarily and without promise or inducement, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of MOORvision, the Festival, and/or any MOORvision Related Parties to accept the Project for inclusion in the Festival, to exhibit the Project in the Festival, to acknowledge the submission of the Project, or to return any Project materials to You or others. You further agree, on behalf of yourself and the Project’s Owners and every other representative or person affiliated with the Project, that, in submitting the Project for consideration, You, the Project’s Owners, and any other representative or person affiliated with the Project are jointly and severally waiving, forfeiting, forgoing and relinquishing any right that we might otherwise have to assert any claim or commence any proceeding in any forum or tribunal against MOORvision, the Festival, or any MOORvision Related Parties, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Project (including, without limitation, claims relating to any failure or refusal to exhibit the Project in the Festival, the exhibition or marketing of the Project at or in connection with the Festival, alleged oral or written representations by the Festival or its representatives relating to the submission or exhibition of the Project, and any other matters arising from or relating to the submission of the Project), whether such claims may be based on theories of contract, implied contract, tort, statute, or other legal theory (hereinafter, “Claim”). In the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, in violation of the agreement set forth in the immediately preceding sentence, You, on behalf of yourself, the Project’s Owners, and any other representative or person affiliated with the Project agree to indemnify MOORvision and the Festival from any and all Claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that are incurred by MOORvision, the Festival and any MOORvision Related Parties as a result of or in connection with any such Claim or any action, arbitration or other proceeding brought in violation of the representations and agreements set forth in this submission agreement.
6. Without in any way limiting the provisions or scope of the agreements set forth herein, You further agree and accept that, in the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, by You, any of the Project’s Owners, or any other representative of or person affiliated with the Project, in violation of the agreements set forth herein, and in the further event that an arbitrator or other tribunal should permit such Claim to proceed despite the waiver language set forth in paragraph 5 above, the sole and maximum remedy that could be awarded to any person or entity asserting any Claim shall be a refund of the submission fee paid in connection with the submission of the Project to MOORvision for consideration for the Festival. Under no circumstances shall any other remedy, including without limitation actual, expectancy, reliance, consequential, special, punitive or exemplary damages, or any other damages, or injunctive, declaratory, provisional or other relief, be available to You, the Project’s Owners, or any other person or entity representing or affiliated with the Project.
7. In the event that the Project is accepted by MOORvision for inclusion and exhibition in the Festival, You, requiring the consent of no other party to do so, hereby grant, on behalf of yourself and each of the Project’s Owners, each of the following rights to MOORvision, the Festival, and any MOORvision Related Parties without reservations, conditions or qualifications:
(a) the right to use footage, stills and/or titles, and information from or relating to the Project for promotional purposes;
(b) the right to issue and authorize publicity concerning the Project and all personnel related to the Project; and
(c) to use the names, likenesses and biographical information of all Project personnel, including, without limitation, director(s), producer(s), writer(s), cast member(s) and crew in connection with the exhibition of the Project in, and promotion of, the Festival and the promotion of MOORvision.
8. In the event that the Project is accepted by MOORvision for inclusion and exhibition in the Festival, and if You or the Project’s Owners and any other representative or person affiliated with the Project have contractual obligations to any producers, distributors, creators, cast or crew regarding “festival benefits” (which may include but are not limited to production credits, screening tickets, Festival credentials or monetary compensation), You agree and accept that those “festival benefits” must be administered and distributed by You and/or the Project’s Owners, do not impact the nature or quantity of benefits provided by MOORvision and that MOORvision has no responsibility whatsoever in connection therewith.
9. You warrant and agree, on behalf of yourself and each of the Project’s Owners, that MOORvision has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by MOORvision with respect to selection of projects for inclusion in the Festival, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of MOORvision, the Festival, or any MOORvision Related Parties to provide You, the Project’s Owners, or any Project-related parties with comments, feedback or other information pertaining to the viewing or consideration of the Project by MOORvision for possible inclusion in the Festival.
10. You warrant and agree, on behalf of yourself and each of the Project’s Owners, that by submitting the Project to MOORvision and all persons employed by, contracted by, or otherwise directly associated with MOORvision are deemed to have been granted the irrevocable right to view and/or download all digital assets associated with the Project, including, but not limited to, any representation of the Project in the form of video files, still images, assets streamed via the Internet, and/or all other assets and information provided by the Applicant on the application. All digital assets referenced above shall remain active and accessible by MOORvision until the conclusion of the annual Festival. Any dissemination of these materials, incidental or otherwise, shall not be the responsibility of MOORvision or any MOORvision Related Parties.
11. You represent that if You are younger than the legal age to enter into contracts in the state of your principal place of residence, MOORvision has been provided with signed, written consent from your parent or legal guardian.
12. Without in any way limiting the provisions or scope of this submission agreement, You agree, on behalf of yourself and each of the Project’s Owners, that any claim, dispute or controversy arising out of, in connection with, or otherwise related to the Project, the Festival, or these Terms and Conditions, including, without limitation, any Claim (as this term is defined above) and any other claim or cause of action of any nature arising from the actual or alleged breach, termination, enforcement, interpretation or validity of these Terms and Conditions, as well as the determination of the scope or applicability of this agreement to arbitrate, will be governed by the internal, substantive laws of the State of California and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Los Angeles, California, which shall be the sole and exclusive forum for determination of such claim, dispute or controversy. Such arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator will be selected by mutual agreement of the parties or, if the parties are unable to agree on an arbitrator, will be appointed by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitrator shall issue a written award and, subject to the terms of paragraph 6 hereof, shall have the right to award monetary relief. You specifically agrees and acknowledges, that the arbitrator shall not have the power to award punitive or exemplary damages, nor shall the arbitrator have the power to order MOORvision to include the Project in the Festival or to award any injunctive or non-monetary relief. The arbitrator shall have the power to award, and shall be required to award, to the substantially prevailing party in any such arbitration, its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration (including, without limitation, reimbursement of that party’s share of the arbitrator’s fees and JAMS administrative charges). The arbitrator’s award shall be final, binding and non-appealable. Judgment on the arbitrator’s award may be entered in any federal or state court of competent jurisdiction in the United States. In agreeing to this exclusive arbitration provision, You hereby waive, forfeit and relinquish, on behalf of yourself and each of the Project’s Owners, any right or entitlement that You and/or the Project’s Owners might otherwise have had to bring or litigate any claim or claims in any federal or state court against MOORvision, the Festival, or any MOORvision Related Party, and further waives, forfeits and relinquishes any right to a trial by jury with respect to such claim or claims.
13. You hereby acknowledge that You have the right to consult with an attorney of your own choosing with respect to these Terms and Conditions and with respect to the Rules and Regulations for submitting a project to the Festival. By completing the submission application for the MOORvision Film Festival consideration, You acknowledge and agree that You are doing so after having consulted with an attorney or having freely or voluntarily elected not to do so without coercion or duress.
14. Code of Conduct: MOORvision promotes an environment where bold, creative, and distinctive voices are celebrated. MOORvision is committed to allowing filmmakers, their teams and Festival attendees to experience the MOORvision Film Festival free of harassment, discrimination, sexism, and threatening or disrespectful behavior. MOORvision reserves the right to rescind an invitation to participate in the Festival for those who engage in such conduct.
15. By completing the submission application for the MOORvision Film Festival consideration, You, on behalf of yourself and all Project Owners, freely and voluntarily give and express full and complete acceptance of all of the terms and provisions set forth in these Terms and Conditions. The parties acknowledge that no oral representations, inducements, promises or assurances of any kind, and no representations, inducements, promises or assurances not set forth in these Terms and Conditions, have been made to You or the Project’s Owners by the Festival, MOORvision, or any MOORvision Related Parties.
In the event that the Project is accepted for the MOORvision Film Festival, the Project Owners will enter into a Festival Participation Agreement incorporating all of the terms and conditions of this agreement, which terms and conditions shall be and remain binding upon You, the Project and the Project Owners.
In connection with our Services, you may only submit and sell content that you have the right to submit, sell and share. By using our service, you also confirm that if your project has any third party copyrighted intellectual property, such as music, brand logos, etc., you have obtained appropriate and required licenses and permissions in order to sell your content on our service. Copyright owners may send MOORvision a takedown notice, if they believe MOORvision is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
You may not submit any content that:
– Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
– Is sexually explicit or promotes a sexual service;
– Is defamatory;
– Is harassing or abusive;
– Contains hateful or discriminatory speech;
– Promotes or supports terror or hate groups;
– Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
– Exploits or endangers minors;
– Depicts or encourages self-harm or suicide;
– Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
– Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
– Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
– Contains false or misleading information about voting;
– Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
– Violates any applicable law.
Each time you make a sale of your project as a MOORvision Creator , you shall get 90% of the earnings, with MOORvision retaining 10% cut off each sale. Most transactions also include buyer’s local country os state tax – you as a Creator retain the tax amount entirely. Most transactions also include an additional processing charge, which is entirely retained by MOORvision.
LICENSES GRANTED BY YOU
As a MOORvision Creator plan subscriber, as between you and MOORvision, you own and will retain ownership of all intellectual property rights in and to the content you submit to sell. In order to allow MOORvision to host and stream your content, you grant MOORvision the permissions set forth below.
Your Video Content.
By submitting a video, you grant MOORvision permission to:
– Stream the video to end users;
– Embed the video on third-party websites;
– Distribute the video via our APIs;
– Make the video available for download;
– Transcode the video (create compressed versions of your video file that are optimized for streaming); and
– Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to MOORvision and ends when you or MOORvision delete it; provided that MOORvision may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when MOORvision in good faith believes that it is legally obligated to do so.
You grant MOORvision permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. MOORvision shall have the right to identify public profiles in its marketing and investor materials.
Other Content; Feedback.
Content that is not covered by the licenses set forth in previous Sections, shall be governed by this Section (e.g., text you submit in comments). You grant MOORvision a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to MOORvision on improving our products or services, MOORvision may use your suggestions without any compensation to you.
Scope Of Licenses.
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to MOORvision; rather, any breach of a term by MOORvision hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
Ownership And Limitations
When purchasing a Creator Service, unless clearly stated otherwise, when the work is delivered and paid for, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered. Accordingly, MOORvision expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Creator Service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, trailers etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer.
Representations And Warranties.
For each piece of content that you submit to or through MOORvision, you represent and warrant that:
– You have the right to submit the content to MOORvision and grant the licenses herein;
– MOORvision will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
– You have obtained appropriate releases (if necessary) from all persons who appear in the content;
– The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
– The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless MOORvision and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) MOORvision SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MOORvision HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) MOORvision’S TOTAL LIABILITY TO YOU, EXCEPT FOR MOORvision’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MOORvision OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.
If you elect to seek arbitration or file a small claim court action, you must first send to MOORvision a written Notice of your claim (“Notice”). The Notice to MOORvision must be sent to firstname.lastname@example.org. If MOORvision initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by MOORvision, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MOORvision and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MOORvision may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after MOORvision receives notice at the Notice Address that you have commenced arbitration, MOORvision will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless MOORvision and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MOORvision’s last written settlement offer made before an arbitrator was selected (or if MOORvision did not make a settlement offer before an arbitrator was selected), then MOORvision will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND MOORvision AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and MOORvision agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE MOORvision SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MOORvision SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MOORvision DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MOORvision SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MOORvision SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND MOORvision SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MOORvision, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Last updated February 8, 2021
At MOORvision (“Company”, “we”, “us”, or “our”), we are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at email@example.com
Information We Collect
Personal information you disclose to us
In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.
We collect personal information that you voluntarily provide to us when registering at the expressing an interest in obtaining information about us or our products and services, when participating in activities on moorvision.com, or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the website, the choices you make and the products and features you use. The personal information we collect can include the following:
Information automatically collected
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our .
We automatically collect certain information when you visit, use or navigate moorvision.com. This information may include:
This information is primarily needed to maintain the security and operation of our website, and for our internal analytics and reporting purposes.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook or Twitter), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL, and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
Use of Information
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use collected personal information to provide, analyze, administer, enhance and personalize our services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you on these and other topics.
For example, we use the information we collect or receive:
European Union Users
Data protection law in Europe requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Our lawful bases include:
Disclosure of Information
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may need to process and disclose your data and your personal information in the following situations:
Information that’s shared publicly
When you create an account, we create a basic profile page for you on MOORvision, containing your name, username, the date the account was created. By default, your profile is public and you can choose to make it private in your account settings. Your username or your name appears with the comments you post and messages you send on MOORvision and, if your profile is set to public, people can click your username to view it. If you make your profile public, others will be able to see the following things:
Information that isn’t shared publicly
The following data will not be publicly displayed or revealed to other users:
Links to other websites and services
We will retain your information as long as your account is active, as necessary to provide you with the Services or as otherwise set forth in this Policy. We will also retain and use this information as necessary for the purposes set out in this Policy and to the extent necessary to comply with our legal obligations, resolve disputes, enforce our agreements and protect MOORvision’s legal rights.
We also collect and maintain aggregated, anonymized or pseudonymized information which we may retain indefinitely to protect the safety and security of our Site, improve our Services or comply with legal obligations.
Whenever in the course of sharing information we transfer personal information to countries outside of the United States and other regions with comprehensive data protection laws, we will ensure that the information is transferred in accordance with this Privacy Statement and as permitted by the applicable laws on data protection.
Privacy Information for California Residents
If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (all terms as defined in the California Consumer Privacy Act (“CCPA”)).
Categories of personal information we collect
Throughout this Policy, we discuss in detail the specific pieces of personal information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. The categories, and some examples of what we may collect, are:
How we use your personal information
We use and share the categories of personal information we collect about you consistent with the various business purposes we discuss throughout this Policy, as described in the “Use of Information” and “Disclosure of Information” sections above.
Please note that the CCPA sets forth certain obligations for businesses that “sell” personal information to third parties. We do not engage in such activity and have not engaged in such activity in the past twelve months from the effective date of this Policy.
CCPA rights disclosure
If you are a California resident, the CCPA allows you or an authorized agent on your behalf to make certain requests about your personal information. Specifically, the CCPA allows you or your agent to request:
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you. We also will take reasonable steps to verify your identity before responding to a request. You are also permitted to designate an authorized agent to subject certain requests of your behalf. To verify that your agent has been authorized to make a request on your behalf, we may require them to provide us with a signed written authorization or a copy of a power of attorney.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Shine the Light
The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our is at your own risk. You should only access the services within a secure environment.
You may also request that we delete personal information that we hold about you. To make requests, or if you have any other question regarding our privacy practices, please contact us at firstname.lastname@example.org. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose us to operational risks. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this Privacy Statement. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.
You must be 18 years of age or older to subscribe to the MOORvision service. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.
What are cookies? “Cookies” are small text files that a website saves on your computer or mobile device when you visit the site. Cookies enables the website to remember your actions and preferences over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
Our cookies can be categorized as:
Performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Web beacons. Web beacons are objects embedded in a webpage or email. This object is typically invisible to you, but it permits us to confirm whether you have viewed the web page and/or email (as the case may be).
We may use any or all of the below types of cookies:
Session cookies. Session cookies are stored in your device’s memory only for the length of time of your browsing session. They are not accessible after your browser session may have been inactive for a period of time and are deleted from your device when your browser is closed down.
Persistent cookies. Persistent cookies are stored in your devices’ memory and are not deleted when your browser is closed. Persistent cookies can helpfully remember you and your preferences each time you access our services.
How to control cookies?
You may restrict the placement of MOORvision’s cookies by adjusting your web browser preferences or a “Do Not Track” setting in your web browser. If you do so, you may still use our website, but this may interfere with some of its functionality. You may also clear cookies from your computer via your web browser settings. You may also wish to use a Google Analytics opt-out web browser add-on.