MOORvision Network Terms of Use & Privacy Policy

Last updated: NOVEMBER 14, 2021

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you (“you”), and MOORvision (“Company“, “we”, “us”, or “our”), concerning your access to and use of the MOORvision website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

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.

MEMBERSHIP

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

Billing Cycle.

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.

Payment Methods.

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).

Cancellation.

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.

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

No Refunds.

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.

MOORvision SERVICE

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the MOORvision service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

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.

You agree to use the MOORvision service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the MOORvision service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the MOORvision service; use any robot, spider, scraper or other automated means to access the MOORvision service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the MOORvision service; insert any code or product or manipulate the content of the MOORvision service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MOORvision service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

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.

SUBMISSIONS

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 support@moorvision.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.

MOORvision CREATOR

COPYRIGHT POLICY

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.

CONTENT RESTRICTIONS

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.

EARNINGS SPLIT

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.

Account Profile.

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).

CREATOR SERVICES

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. 

YOUR OBLIGATIONS

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.

Indemnification.

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. 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

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.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION 

If you are a MOORvision member in the United States (including its possessions and territories), you and MOORvision agree that any dispute, claim or controversy arising out of or relating in any way to the MOORvision service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MOORvision are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your MOORvision membership.

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 support@moorvision.com. 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.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

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.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

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.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use;  (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

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).

 

PRIVACY POLICY    

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 support@moorvision.com 

When you use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our website, moorvision.com, and our services.

This privacy policy applies to all information collected through our and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Services“).

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.  

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:

  • your name, email address, passwords, password hints, and similar security information used for authentication and account access, address or postal code, payment method(s), and telephone number. In certain countries, we collect a government identification number for purposes such as billing and tax compliance. We collect this information in a number of ways, including when you enter it while using our service, interact with our customer service, or participate in surveys or marketing promotions;
  • information when you choose to provide ratings, taste preferences, account settings (including preferences set in the “Account” section of our website), or otherwise provide information to us through our service or elsewhere.


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:

  • your activity on the MOORvision service, such as title selections, watch history and search queries;
  • your interactions with our emails and texts, and with our messages through push and online messaging channels;
  • details of your interactions with our customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings;
  • device IDs or other unique identifiers;
  • resettable device identifiers (also known as advertising identifiers), such as those on mobile devices, tablets, and streaming media devices that include such identifiers (see the “Cookies and Internet Advertising” section below for more information);
  • device and software characteristics (such as type and configuration), connection information, statistics on page views, referring source (for example, referral URLs), IP address (which may tell us your general location), browser and standard web server log information;
  • information collected via the use of cookies, web beacons and other technologies, including ad data (such as information on the availability and delivery of ads, the site URL, as well as the date and time). (See our “Cookies and Internet Advertising” section for more details.)

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:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process.
  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, and provide you with the requested service.
  • Request Feedback. We may use your information to request feedback and to contact you about your use of our website.
  • To keep your account secure and protect our Services. We may use your information as part of our efforts to keep our safe and secure (for example, for fraud and abuse monitoring and prevention).
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond, and to enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  • To determine your general geographic location, provide localized content, provide you with customized and personalized viewing recommendations for movies and TV shows we think will be of interest to you, determine your Internet service provider, and help us quickly and efficiently respond to inquiries and requests.
  • To track and analyze use of the Services so that we can improve how MOORvision is performing, optimize content selection, recommendation algorithms and delivery and provide users with the best experience possible.
  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our , products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

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:

  •  
  • Performing the contract we have with you: In certain circumstances, we need your personal data to comply with our contractual obligation to deliver the Services, enable creators to establish and display their projects, and enable backers to find and make pledges to them.
  • Legal compliance: Sometimes the law says we need to collect and use your data. For example, tax laws require us to retain records of payments made through our Services.
  • Legitimate interests: This is a technical term in data protection law which essentially means we have a good and fair reason to use your data and we do so in ways which do not hurt your interests and rights. We sometimes require your data to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and that does not materially impact your rights, freedom or interests. 
  • For example, we use identity, device, and location information to prevent fraud and abuse and to keep the Services secure. We may also send you promotional communications about our Services, subject to your right to control whether we do so. 
  • We analyze how users interact with our Site so we can understand better what elements of the design are working well and which are not working so well. This allows us to improve and develop the quality of the online experience we offer all our users. 

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:

  • Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the website, which will enable them to collect data about how you interact with the over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. We do not share, sell, rent or trade any of your information with third parties for their promotional purposes, nor do we authorize them to use or disclose your personal information except in connection with providing their services.
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions. Please note that these third parties are responsible for their own privacy practices.
  • Protection of MOORvision and others. MOORvision and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to satisfy any applicable law, regulation, legal process, or governmental request, enforce applicable terms of use, including investigation of potential violations thereof, detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or protect against harm to the rights, property or safety of MOORvision, its users or the public, as required or permitted by law.
  • Information that’s shared with creators and collaborators When you back a project, the project’s creator will know your username, the amount you have pledged or invested, and the reward or stock option you have selected. Creators never receive backers’ credit card details or other payment information. Creators are required to keep backer information confidential, except as strictly necessary to communicate with backers directly and fulfill rewards or stock option. Creators should not ask for personal information that isn’t necessary to provide your reward or stock option, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at support@moorvision.com if you receive a request for information that seems inappropriate or excessive. Once a project you have backed is successfully funded, the creator will receive the email address associated with your MOORvision account. They may also send you a survey requesting information needed to provide your reward. (For instance, they may need your mailing address, or T-shirt size.) Any information you provide in such surveys will be received by the creator.

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:

    • Your name, the account username you select, and the date the account was created;
    • Any information you choose to add to your profile (like a picture, bio, or your location, etc.);
    • Projects you’ve created and worked on;
    • Comments you’ve posted on MOORvision; and

Information that isn’t shared publicly

The following data will not be publicly displayed or revealed to other users:

    • Any payment information you provide;
    • Your password details;
    • Your IP address;
    • Your identity verification documentation (for creators);
    • Private profile information, in accordance with your preferences; and
    • Communications you send to us (for example, when you ask for support, send us questions or comments, or report a problem);

Links to other websites and services

Our Site may include links to other websites or services whose privacy practices may differ from MOORvision’s. When you use a link to an external site or service, the privacy policy and data processing disclosures for that site or service governs.

Retention

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.

Data Transfers

Because MOORvision is a US-based company, your information will be collected and processed in the United States. The United States has its own laws governing data protection and government access to information. The rules that protect your personal information under United States law may be different than in your home country. If you choose to use the Services, you need to agree to our Terms of Use, which set out the contract between MOORvision and its users.

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:

    • Identifiers and contact or registration information, e.g., your name, date of birth, email address, postal address, telephone number, country of residence, wireless device identifier, account username and password, and government-issued ID (US state-issued or the country-issued ID, passport number, etc.)
    • Demographic and statistical information, e.g., gender identity, race, ethnicity, marital status, education, professional or employment-related information, interests, lifestyle information, and hobbies
    • Commercial and financial information, e.g., business name; tax identification numbers; transaction history, expiration date, and last four digits of credit/debit card number; and transaction history, country of, and last four digits of bank account
    • User-generated content, e.g., photos, videos, audio, any information you submit in public forums or message boards, and feedback or testimonials you provide about our Services
    • Customer service information, e.g., questions and other messages you address to us directly through online forms, by email, over the phone, or by post; and summaries of your interactions with the MOORvision Support Team
    • Device information and device identifiers, e.g., IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers
    • Connection and usage data, e.g., information about files you download, domain names, landing pages, browsing activity, content or ads viewed and clicked, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information
    • Geolocation, e.g., city, state and ZIP code associated with your IP address or derived through Wi-Fi triangulation; and, with your permission in accordance with your mobile device settings, based on your mailing address
    • Other Information, e.g., any other information you choose to directly provide to us in connection with your use of the Services

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:

    • Information about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. Such information is also set forth in this Policy.
    • Provide access to and/or a copy of certain information we hold about you.
    • Delete certain information we have about you.
    • Provide you with information about the financial incentives that we offer to you, if any.

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.

Security

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 support@moorvision.com. 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.

Minors

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.

Updates to This Privacy Policy 

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

Cookies

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.

How do we use cookies? We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy. Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our website.

Our cookies can be categorized as:

Strictly necessary cookies. Some cookies will be strictly necessary for the functioning of our website. This includes cookies that record whether or not you’ve consented to the use of cookies. Strictly necessary cookies shall not be subject to your consent, and unless you restrict the use of cookies by adjusting your web browser preferences, the use of our website will include the use of strictly necessary cookies. You may restrict the use of strictly necessary cookies by adjusting your web browser preferences, but this may affect the functionality of our website.

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.