Terms of Use
Content provided by MoVoxx
The information displayed as search results or scheduled alerts represent the
commercially reasonable efforts of MoVoxx. A search using MoVoxx Services may
produce search results that some people find objectionable, inappropriate, or
offensive. We cannot guarantee that a MoVoxx search will not locate unintended
or objectionable content and assume no responsibility for the content included
in any search results by the MoVoxx Services.
Personal Use Only
The MoVoxx Services are made available for your personal, non-commercial use
only. You may not use the MoVoxx Services to sell a product or service, or to
increase traffic to your business for commercial reasons, such as advertising
sales. You may not take the results from a MoVoxx search and reformat and
display them, or mirror the MoVoxx home page or results pages on your Web site.
If you want to make commercial use of the MoVoxx Services, you must enter into
an agreement with MoVoxx to do so in advance. Please contact us for more
information.
If you are interested in adding a MoVoxx search box to your web site or your
company's web site, we encourage you to do so, please contact us for additional
information.
No Automated Querying
You may not send automated queries of any sort to MoVoxx's system without
express permission in advance from MoVoxx.
You are not allowed to copy, create a derivative work of, reverse engineer,
reverse assemble, or otherwise attempt to discover any source code of, or modify
the Services in any manner.
Changes In Terms and Conditions and MoVoxx Service
We may modify or terminate our services from time to time, for any reason, and
without notice, including the right to terminate with or without notice, without
liability to you, any other user or any third party. We reserve the right to
modify these Terms of Use from time to time without notice. Please review these
Terms of Use from time to time so that you will be apprised of any changes.
Trademarks, Names and Logos
All trademarks, names and logos used on this site or delivered via MoVoxx
services are owned by MoVoxx (unless otherwise stated). Your use of these
services and site does not allow you to infringe those rights or the rights of
the third parties which may exist in material contained in this site. No license
is expressly impliedly granted within or as a result of your use of MoVoxx
services or this site. Without MoVoxx 's prior permission, you agree not to
display or use in any manner, the MoVoxx trademarks, names and logo.
Charges
The MoVoxx service includes features without and with charges from MoVoxx.
Additionally, your mobile phone carrier may charge you for usage. The customer
is liable for any mobile phone charges incurred (usage, subscription, etc) as a
result of using any of MoVoxx services. Please consult your mobile service
carrier's pricing plan to determine the charges for sending and receiving text
messages.
Submissions
We welcome your comments and suggestions regarding the web site. However, any
comments, feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") sent by you to MoVoxx shall be and remain the
exclusive property of MoVoxx. Your submission of any such Comments shall
constitute an assignment to MoVoxx of all worldwide right, title and interest in
all copyrights and other intellectual property rights in the Comments. MoVoxx
will be entitled to use, reproduce, disclose, publish and distribute any
Comments you submit for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you not send us any
Comments that you do not wish to assign to us, including any confidential
information or any original creative materials such as stories, product ideas,
computer code or original artwork. You agree not to submit any Comments that may
be submitted in violation of law or any agreement or obligation to keep the
content of such Comments confidential. MoVoxx expressly disclaims any interest
in any Comments that you are not authorized to submit. Of course, any
information you submit which personally identifies you will be subject to our
Privacy Policy.
Disclaimer of Warranties
MoVoxx disclaims any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or material displayed in the MoVoxx Services results. MoVoxx
disclaims any responsibility for the deletion, failure to store, misdelivery, or
untimely delivery of any information or material. MoVoxx disclaims any
responsibility for any harm resulting from information or material through the
MoVoxx Services.
THE MOVOXX SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES
INCLUDED IN THE MOVOXX SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES
WHATSOEVER. MOVOXX AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MOVOXX AND ITS LICENSORS
DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE MOVOXX SERVICES. MOVOXX AND ITS LICENSORS DISCLAIM, ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE MOVOXX SERVICES.
MOVOXX AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE MOVOXX SERVICES OR RECEIVED THROUGH ANY INFORMATION
PROVIDED BY THE MOVOXX SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE MOVOXX SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF THE MOVOXX SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO
YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MOVOXX OR ITS LICENSORS BE LIABLE TO ANY USER ON
ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE MOVOXX SERVICES.
ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF
SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, (EVEN IF MOVOXX OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE MOVOXX SERVICES,
FROM INABILITY TO USE THE MOVOXX SERVICES, OR FROM THE INTERRUPTION, SUSPENSION,
OR TERMINATION OF THE MOVOXX SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY
REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOVOXX
SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE MOVOXX SERVICES, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON
THE MOVOXX SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE MOVOXX
SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE MOVOXX SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MOVOXX SERVICES. SUCH
LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall MoVoxx or its
licensors be held liable for any delay or failure in performance resulting
directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Use will be governed by and construed in accordance with the laws
of the State of California, without giving effect to its conflict of laws
provisions or your actual state or country of residence. If for any reason a
court of competent jurisdiction finds any provision or portion of the Terms of
Use to be unenforceable, the remainder of the Terms of Use will continue in full
force and effect.
These Terms of Use constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Use will be
effective only if in writing and signed by MoVoxx.
Effective Date: August 1, 2006
