Legal

Terms of Service

 

As a user you must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of Motionshows website or Motionshows video creation services made available through authorized third party websites (“Motionshows Services”). Motionshows website consists of its site located at the URL http://motionshows.com, widget, and gadget for social networks (including but not limited to Facebook Platform, Instagram, Google OpenSocial, Pinterest and YouTube). Collectively herein, the Motionshows Services and the Motionshows website and applications will be referred to collectively as the "Site" or the “Services”.

 

You acknowledge and agree that, by (1) clicking the “Sign Up” or similar button via an Entry Point Site to access the Services, or (2) downloading or generating a Motionshows video presentation, widget or gadget, or (3) otherwise accessing or using the Services, you indicating that you have read these terms and accept and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and Subscriptions.

There are two general types of users of the Services, registered users that have registered with Motionshows or who have registered with an authorized third party that provides access to Motionshows Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view another's video.

 

The Registered Users may include (1) paid members, or users that have paid a subscription fee for using the Services ("Paid Users"), and (2) free users ("Free Users").

 

You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service.

 

This Terms of Service Agreement was last updated on 27 May 2014. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.

 

The Services are owned and operated by Motionshows Pty Ltd., a Registered Australian Company with ABN 86 168 448 637 and place of business at 14 Platts Avenue, Belmore, New South Wales, 2192, Sydney, Australia. The Motionshows Services provide Registered Users with the ability to have a video ("Motionshows Video") automatically created by Motionshows using uploaded photographs, graphics, or video clips ("Image Content") set to a selected or uploaded music track ("Musical Content").

 

You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and Motionshows is not liable to you for any temporary interruption in Services.

 

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.

 

You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Motionshows immediately if you learn of an unauthorized use of your password.

All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. Motionshows reserves the right to anonymously track and report a user's activity inside of its Mobile App. If you are a Paid User, you agree to pay all per-use fees or fees associated with that subscription, as appropriate ("Fees").

 

 

Payment of Fees

 

Motionshows may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.

 

If, for any reason, your payment is not received by Motionshows, your Paid User account will revert to a Free User account until payment is received by us. You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are non-refundable.

 

If, for any reason, your payment is not received by Motionshows, your Paid User account will revert to a Free User account until payment is received by us. You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are non-refundable.

 

 

Conduct on Site

 

You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the site, including Image Content, Musical Content, and Motionshows Videos created therefrom (collectively, "Submissions").

 

You agree that you will not upload, share, or otherwise distribute any Submissions — including text, graphics, images, sounds, data, music, or other information — that:

  1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;

  2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;

  3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

  5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

  6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

  7. contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or

  8. are to be used for a commercial purpose of any kind.

 

We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

 

If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Motionshows arising from your exposure to such materials.

 

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

 

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

 

Linking Conditions

 

You may not link to the Site unless you comply with these linking conditions.

 

Your ability to share your Motionshows Video may depend on whether you obtained access to Motionshows Services from an authorized third party, and therefore you may not have all of the sharing capabilities described. You may share your Motionshows Videos hosted on the Site by using Motionshows video player code to play your video in your own personal Site or web page. You may also share your Motionshows video by downloading it to a storage device, personal computer, or mobile device. The Motionshows Videos may only be used for personal, non-commercial, uses. You agree that you will not modify the video player code in any way, nor will you modify the display of your Motionshows Video.

 

You may also share your Motionshows Videos hosted on the Site by emailing or otherwise sharing the link associated with your Motionshows Video.

 

Your right to link to the Motionshows Site is expressly conditioned upon your compliance with the following restrictions:

  1. The link must either resolve to the homepage, " Motionshows.com," or to the link associated with a User Video.

  2. The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Motionshows or any other third party.

  3. The link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site.

  4. The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Motionshows; and

  5. The link and surrounding materials must not portray Motionshows, Motionshows Videos or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.

 

 

Intellectual Property

  1. Motionshows Intellectual Property Rights. Motionshows is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.

Motionshows trademarks and/or service marks may not be used in connection with any product or service that is not provided by Motionshows, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Motionshows.

Motionshows software and services available on the Site are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Service.

  1. Others' Intellectual Property Rights. Motionshows deeply respects the third party intellectual property rights that may be implicated in creating an Motionshows Video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.

In creating an Motionshows Video using Motionshows proprietary software, you will be able to use your own Image Content such as photos, graphics and text. You will be able to either upload your own Musical Content, or select Musical Content available from Motionshows. Both the Image Content and Musical Content have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.

 

Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Motionshows Video. For example, professionally-taken photographs should not be used in an Motionshows Video unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in an Motionshows Video unless you have received a license to do so from the owner of the copyright.

 

Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Motionshows Video. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.

 

Musical Content that is not an original creation by you is also protectable under copyright laws. Copying music

without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own Musical Content, you must be sure that you have the permission to use such Musical Content in an Motionshows Video. If you are unsure whether you have the necessary rights to use music in an Motionshows Video, we encourage you to choose Musical Content available through Motionshows. You agree that you will not alter or modify the fundamental character of any music available through Motionshows or third party sites linked to by our Site.

 

You may want to search for Musical Content or Image Content through the Creative Commons.

 

You warrant that all Image Content and Musical Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Musical Content as contemplated by the Site and grant Motionshows the rights described herein. Use of the site is limited to personal, non-commercial purposes only.

 

You hereby grant to Motionshows a royalty-free, perpetual license to use, copy, create, modify, display and host your Motionshows Video, Image Content, and Musical Content solely to the extent necessary for Motionshows to provide the Services as described herein.

 

All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.

 

 

Repeat Infringers

 

Your account will be terminated if, at Motionshows sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

 

 

Limitation of Liability

 

EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND MOTIONSHOWS AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE MOTIONSHOWS SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID MOTIONSHOWS, IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).

 

IN NO EVENT SHALL MOTIONSHOWS OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR

ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.

 

YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. MOTIONSHOWS SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

Indemnification

 

You agree to indemnify and hold Motionshows, Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with Motionshows terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity.

 

Motionshows reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Motionshows in asserting any available defenses.

 

 

Use of Site and Storage of Material

 

Upon registering with Motionshows, you will be assigned one (1) user account. You are limited to one account per person.

You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited.

 

You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.

 

You acknowledge that we reserve the right to convert any Paid User account to a Free User account upon non-receipt of a subscription fee. Furthermore, we reserve the right to terminate any Free User account with no prior notice to you, including the deletion of any videos and content associated therewith, if the account has been inactive for a twelve (12) month period.

 

Do not rely upon this Site as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

 

We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates

 

 

International Use

 

Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. .

 

 

Termination of Use

 

We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.

 

 

Governing Law

 

The laws of the state of NSW, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the NSW Sale of Goods Act 1923. You agree to submit to the exclusive personal jurisdiction and venue of the NSW District Court, in Sydney, New South Wales, Australia.

 

 

Notices

 

All notices to a User or to Motionshows shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at admin@motionshows.com if by email, or send by mail to Motionshows, PO BOX 459, New South Wales, 2192, Sydney, Australia. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

 

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by Australia post or international mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Motionshows.

 

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

 

 

Miscellaneous

 

You agree that this Agreement may be assigned by Motionshows, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

 

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

 

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

 

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

 

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.