Terms of ServiceUpdated: September 1st, 2012
DESCRIPTION OF SERVICE AND ACCEPTANCE
Movaluate.com ("Movaluate," "we" or "us") provides a website and online service offering Our website, including the content found on our website, and any other features, tools, applications, materials or other services offered from time to time by Movaluate in connection with its business are referred to collectively as the "Movaluate Services." We are a company based in the United States.
It is our pleasure to provide the Movaluate Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the Movaluate Services, it is important to follow the terms and conditions described in this Terms of Service ("Terms of Service" or "Terms"). By visiting the Movaluate Site (whether or not you are a registered member) or using any of the Movaluate Services, you are accepting this Terms of Service. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please send us an email to support@movaluate.(subject line: "TOS Question").
Movaluate may change this Terms of Service at any time and such change shall be effective upon posting the new Terms of Service on the Movaluate Site at http://movaluate.com/tos. Any visit to the Movaluate Site or use of the Movaluate Services by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
ACCESS AND USE OF THE MOVALUATE SERVICES
"Your License": Movaluate is pleased to grant you a limited license to access and make personal, non-commercial use of the Movaluate Services. Movaluate owns and retains all rights to the Movaluate Services. Please remember that the content displayed as part of the Movaluate Services (the "Movaluate Content") is owned by Movaluate and its licensors (including users). The Movaluate Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.
"The Content": You may view the Movaluate Content only for your own use and you must leave any copyright and other proprietary notices marked on the Movaluate Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Movaluate Content is strictly prohibited unless you have obtained the prior written consent of Movaluate or unless it is expressly permitted by Movaluate on a Site. The Movaluate Content covered by this restriction includes any text, graph, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Movaluate Content, unless you have obtained the prior written consent of Movaluate. This prohibition applies even if you intend to give away the derivative materials.
"Suspension/Discontinuation": We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue - temporarily or permanently - some or all of the Movaluate Services, at any time without notice. We also reserve the right to revoke a username if Movaluate in its commercially reasonable discretion finds it necessary to do so. It is important that you understand that Movaluate will not be liable to you for any modification, suspension or discontinuance of the Movaluate Services, or for revocation of a username.
We do our best to keep Movaluate safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications to users (such as spam, marketing, sales offers, coupons, or related materials).
You will not collect users' information, data, or otherwise access Movaluate, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
No one may send or use the Movaluate Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications (commercial or otherwise). You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks.
You will not upload viruses or other malicious computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, impersonate, or harass any user, or otherwise interfere with any other party's use and enjoyment of the Movaluate Services.
You will not post content that is defamatory, fraudulent, libelous, obscene, hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence. You will not use Movaluate to do anything unlawful, misleading, malicious, or discriminatory.
You will not facilitate or encourage any violations of this Statement.
You may terminate your account by sending an email to email@example.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the Movaluate Services at any time without notice or liability if Movaluate determines in its sole discretion that you have breached this Terms of Service, violated any law, rule, or regulation, engaged in other inappropriate conduct, or that there is some other reasonable basis for terminating your account or your use of the Movaluate Services. We also reserve the right to terminate your account or your use of the Movaluate Services if such use places an undue burden on our network or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Movaluate servers being made or the volume of User Content being posted.
LINKED WEBSITES AND ADVERTISING
Movaluate is not responsible for the content or practices of any other website, even if it links to the Movaluate Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Movaluate. By using the Movaluate Services, you acknowledge and agree that Movaluate is not responsible or liable to you for any content or other materials hosted and served from any third party website.
"Advertisements": Movaluate takes no responsibility for advertisements, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Movaluate Services are between you and the advertiser, and you agree that Movaluate is not liable for any loss or claim that you may have against an advertiser.
Movaluate gathers sales datas from online auction sites and online merchants. We then display the fair market price based on these datas using our proprietary calcuation. We are NOT responsible for the data we gather and its accuracy of the price. Movaluate's fair price and its ranges are only guidelines and it does not guarantee any sale prices between private parties or any transactions.
Access to the Movaluate Site and use of the Movaluate Services is free. If we feel it is appropriate to charge for certain premium Movaluate Services, we will of course notify you. You will then have an opportunity not to use such premium Movaluate Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
COLLECTION AND USE OF PERSONAL INFORMATION
Movaluate, the Movaluate logo, and other Movaluate marks, graphics, logos, scripts, and sounds are trademarks of Movaluate. None of the Movaluate trademarks may be copied, downloaded or otherwise exploited without Movaluate's prior written consent.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE MOVALUATE SERVICES, YOU AGREE THAT USE OF THE MOVALUATE SERVICES IS AT YOUR OWN RISK. THE MOVALUATE SERVICES, THE CONTENT, USER CONTENT, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH MOVALUATE, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOVALUATE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE MOVALUATE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE. ALL INFORMATION AND OTHER CONTENT ON THE WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOVALAUTE MAKES NO REPRESENTATION OR WARRANTIES AS TO THE TRUTH OR ACCURACY OF INFORMATIOON FOUND ON SUCH LIKED WEBSITES.
IN NO EVENT SHALL MOVALUATE OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "MOVALUATE PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MOVALUATE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE MOVALUATE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE MOVALUATE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE MOVALUATE SERVICES.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT (OR OTHER) INFRINGEMENT
If you believe that any Content, User Material or other material provided through the Movaluate Services, including through a link, infringes your copyright, you should notify Movaluate of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Movaluate receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Movaluate's Copyright Agent by sending email to firstname.lastname@example.org.
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Movaluate Services that is reasonably sufficient to enable Movaluate to identify and locate the material; (d) how Movaluate can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Emails sent to Movaluate for purposes other than communication about copyright infringement may not be answered.
Movaluate has a policy of terminating repeat infringers in appropriate circumstances.
If you believe that any Content, User Material, username, or other material provided through the Movaluate Services, infringes your trademark or other intellectual property rights, you should notify Movaluate of your infringement claim by sending email to email@example.com with the nature of your claim in the subject line.
All rights are reserved and the reproduction of any part of the site in any form is expressly prohibited except that individual users may print or save portions of the site for their own information purposes. Users are not permitted to incorporate any of the material on this website in any other work or publication of any description and no part of this website may be distributed, copied, reproduced, transmitted or stored for any commercial purpose whatsoever.
Designated trademarks and brands are the property of their respective owners.