Moovz Platform – Terms of Use Agreement
Moovz Platform – Terms of Use Agreement
Last revised January 31, 2024
Dear Moovz Member,
Welcome to the new innovative interacting platform for the gay, lesbian and LGBT community which includes our website at moovz.com(the “Website”) and our mobile applications (the “Applications”). The Website and the Applications are operated by Interacting Technology LTD. (the "Company").
When subscribing to the Moovz Platform and becoming a Member of our community you are requested to carefully read these terms of use as well as our privacy policy which you may find on our Website and/or Applications collectively, the “Agreement”). Please pay careful attention to the provisions of the Agreement, as they are a part of an agreement between us and by becoming a Member or by using any part of the Moovz Platform you accept and agree to the terms and conditions of the Agreement.
The Applications together with the Website shall be referred as the Moovz Platform (the "Moovz Platform" or simply "Platform").
THIS IS A BINDING AGRREEMNT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS AND/OR USE THE SITE AND/OR SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.
FOR THE SAKE OF CLARITY, THE MOOVZ PLATFORM IS IS INTENDED AS AN ON-LINE SOCIAL PLATFORM FOR THE GAY,LASBIAN AND LGBT COMMUNITY. THE CONTENT OF THE MOOVZ PLATFROM AND THE INTERACTIONS BETWEEN MEMBERS OF THE MOOVZ PLATFROM ARE PRONE TO HAVE SEXUAL ASPECTS. IF YOU WISH NOT TO BE INVOLVED IN SUCH ACTIVITY, DO NOT BECOME A MEMBER OF ANY OF THE MOOVZ PLATFORM AND AVOID USING IT.
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SUBSCRIBTION AND ELIGIBILTY
In order to enjoy the Moovz Platform, you need to subscribe as a member by providing a username, password and your e-mail address or subscribe through your Facebook account (the “Member” or “Membership”). Please note that in the future we may enable members to subscribe through other social accounts to be determined by us or eliminate or restrict the subscription through other social accounts, all at our sole discretion.
By becoming a Member you hereby represent and warrant that you are 18 years old of age, have the authority to enter into the Agreement and that you shall comply with all the terms and conditions of the Agreement stated hereunder. In addition, you represent and warrant that you have never been convicted of a felony and that you are not registered as a sex offender with any governmental entity or authority.
If you are from a country where the Moovz Platform or its services are illegal, you may not become a member of the Moovz Platform. If in spite of its illegalness, you choose to become a Member of the Moovz Platform, you are doing so voluntarily and at your own risk and you shall be responsible for the outcome of incompliance with applicable laws, including local laws of your country. NOTE THAT WE MAY BLOCK ENTERY OF MEMBERS OF CERTAIN COUNTRIES OR JURISIDCTIONS AT OUR SOLE DISCRETION REGARDLESS OF WHETHER OR NOT YOU WERE ABLE TO REGISTER TO THE MOOVZ PLATFORM.
In order to use the Moovz Platform's features and to interact with other members of the Moovz Platform you are required to subscribe to the Moovz Platform. Please note that not all the features are available to all members of the Moovz Platform and some features may be available to certain members or be subject to payment of the amounts associated with such features or services.
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SOCIAL USE
Our Moovz Platform is intended for personal social use solely. Derived from this intended use, you may not use the Moovz Platform in order to conduct any commercial use or purposes. Therefore, companies and/or businesses and/or any organizations cannot become members of the Moovz Platform without our prior written consent. For avoidance of doubt, any unauthorized or illegal use of the Moovz Platform shall be investigated by us and appropriate legal action may be taken.
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ACCOUNT SECURITY
Upon subscribing as a Member you will be required to select a username and password. You are responsible for keeping and maintaining the confidentiality of the username and password provided by you at all times. In addition, you will be required to provide your E-mail address for purposes of identification and confirmation (other members will not have access to your E-mail address). If any unauthorized use of your username, password or E-mail address occurs or any other breach of security, you hereby agree to notify us immediately, and revise your password immediately. You note that we may not guarantee the full protection and security of your password and username and therefore please protect it at any time and change your password from time to time.
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MOOVZ’ INTELLECTUAL PROPERTY RIGHTS
We own all Intellectual Property Rights (as such term is defined below) in the Moovz Platform and its services (the "Company IP"). Company IP shall remain at all times our sole and exclusive property. You shall not have any right in any Company IP, other than the permission to use the services offered to you in the Moovz Platform in accordance with the terms and conditions of the Agreement. Unless given written and express permission by our authorized officer, you may not make any use of the Company IP, including but not limited to, copying, modifying, publishing or selling any information which consists of Company IP.
For purpose of the Agreement, "Intellectual Property Rights" shall mean all intellectual property rights, whether or not registered, including without limitation, patents, patent applications, patent rights (including but not limited to any and all continuations, divisions, reissues, re-examinations or extensions), domain-names, copyrights, service marks, trade secrets, trademarks, trade dress, trade names, trade styles, and rights in algorithms, binary code, brands, business methods, business plans, computer programs, computer software, object code, concepts, confidential information, databases, developments, firmware, certification marks, collective marks, customer lists, data, designs (whether registered or unregistered), derivative works, discoveries, goodwill, ideas, innovations, inventions, know-how, logos, moral rights, original works of authorship, processes, proprietary technology, reputation, research data, research results, specifications, statistical models, supplier lists, systems, techniques, technology, and any rights analogous to the foregoing.
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MEMBER’S CONTENT
You may upload texts, videos, posts and pictures to the applicable areas of the Moovz Platform and participate in feeds, zones, various chats (video, textual or otherwise), forums and conversations (the “Member Content”). You shall retain full ownership of any intellectual property rights that you hold (if any) in your Member Content, subject to the provisions of section 6 below. At your election, and as long as such features and/or service is available in the Moovz Platform, you may upload texts, pictures and videos through your Facebook account (or other social accounts to the extent we will enable members to subscribe through other social accounts to be determined by us or eliminate), and once they have been uploaded to the Moovz Platform they shall be considered as part of the Member Content. When submitting Member Content, you understand and agree that other members of the Moovz Platform may access, view, copy, download or take any other action with respect to the Member Content provided by you. You further understand and agree that Member Content that you uploaded in the Website (or the Application) will be uploaded in the Application (or the Website, as the case may be) and/or other parts of the Moovz Platform.
You understand and agree that part of the information that you provide to Moovz Platform is your location information and other members of the Moovz Platform may have access to such information
When you upload Member Content to certain zones of the Moovz Platform, the Member Content may only be viewed, copied, downloaded or be subject to any other action by the members interacting with you in such zones ; provided, however, that for the avoidance of doubt when you upload Member Content to OPEN ZONES (or the feed) of the Moovz Platform, the Member Content may be viewed, copied, downloaded or be subject to any other action by any member of the Moovz Platform.
By uploading or posting Member Content, you confirm that you have the necessary rights to upload and post them on the Moovz Platform and to grant us and the other members the rights to use them in accordance with the terms of this Agreement and applicable law, and you hereby represent and warrant that such use of the Member Content by us and our members will not infringe or violate the rights of any third party.
IN ANY EVENT, YOU AGREE THAT ANY UPLOAD OF MEMBER CONTENT IS BEING DONE AT YOUR OWN RISK AND RESPONSIBILITY. We shall not be responsible for any actions taken by any other members as a result of interacting with you or content uploaded by them, or their actions with respect to any content upload by you
You shall be fully responsible for the Member Content that you upload and your actions on the Moovz Platform. You acknowledge that we do not necessarily examine the Member Content uploaded by you prior to its display in the Moovz Platform, but we reserve the right, at any time, to review, edit, delete or refuse to post any Member Content submitted by you, in whole or in part, in our full discretion, including, without limitation, as a result of our belief that such Member Content may violate the terms of the Agreement or applicable law or may create liability for us or that we deem otherwise objectionable (but we are not obligated to do so). NOTE THAT WE MAY BLOCK ENTERY OF MEMBERS DUE TO INAPPROPRIATE MEMBER CONTANT OF INTERACTIONS AT OUR SOLE DISCRETION.
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LICENSE
By submitting Content to any area of the Moovz Platform, you automatically grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Member Content that you upload or post on or in connection with our Moovz Platform, which includes, among others, our right to use, reproduce, modify, adapt, publish, translate, perform, be used commercially and display (privately or publicly) and distribute the Member Content (in whole or in part), without any restriction, and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed whether within any part of the Moovz Platform or outside the Moovz Platform and you hereby permit us and any other member of the Moovz Platform to use the Member Content, including without limitation to access, view, store, be used commercially or reproduce the Content (the “Right and License”).
You agree that our rights with respect to the Right and License include our rights to use any Member Content upload in the general feed or open zone (and not in any closed zone) in our marketing materials, including, in pictures and videos on YouTube or other advertising channels of the Moovz Platform.
By uploading or posting Member Content, you confirm that you have the necessary rights to grant us and our affiliates the Right and License and you hereby represent and warrant that such use of the above Member Content by us and our affiliates will not infringe or violate the rights of any third party.
You should be aware that we will not be responsible for the continuous use (even following the suspension of your account with us) of your Member Content by other members or any third party in any way (including, by the Moovz Platform in areas shared with other members (other than your profile)).
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COPYRIGHT INFRINGMENT
You acknowledge and agree that all content and services available on the Moovz Platform are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You hereby agree not to copy, reproduce, distribute, transmit, broadcast, display, sell or otherwise use content published in the Moovz Platform outside the Moovz Platform, without receiving our prior written consent.
If any content of yours has been published in the Moovz Platform in a way you believe constitutes copyright infringement, please provide us with the following: (a) a physical or electronic signature of a person authorized to act on your behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Moovz Platform; (d) a written statement that you have good faith to believe that the use of the material is not authorized by you or the applicable law; (e) a statement made by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send us such claims (with all materials) to the following e-mail address nir@interactech.com.
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MOOVZ’S SAFE ZONE
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In order for you to enjoy our Moovz Platform and for us to enable a safe zone for our Members, you are obligated to comply with the following and you hereby agree not to:
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upload, store, post or otherwise transfer any: (a) content that is inaccurate, offensive, profane, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist or bigoted, against any group or any individual ,(b) content that you do not have a right to transmit under any applicable law or under any contractual relationship, (c) material that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any person or entity, (d) advertisements, promotional and commercial materials of any kind, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except where specifically permitted by us in writing, (e) content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (f) depicts subjects under the age of 18 in a sexual manner, (g) content that contains passwords to restricted pages, (h) content that contains any prostitution or any other illegal sexual behavior or solicits any person to engage in such behavior. If any content provided by you, or any other member, subsequently generates a violation of any of these terms, you undertake to promptly notify us in writing;
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interfere with or disrupt or break into the Moovz Platform or try to copy any technology of the Moovz Platform or its servers, networking and computing equipment or networks connecting to the Moovz Platform;
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violate any applicable local, state, national or international law or regulation or promote or provide instructions or information about how to engage in illegal conduct; and/or
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solicit passwords or personal identifying information for commercial or unlawful purposes from other members.
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Your use of the services we offer, including but not limited to the content you upload or post, must be in accordance with any and all applicable laws and regulations.
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Advertising or solicitation of other members, of any kind, is prohibited.
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If any breach of any of the provisions of this section 8 occurs, you hereby agree to notify us immediately in writing.
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MODIFICATIONS
We reserve the right to terminate, change, alliterate, modify, suspend or discontinue all or any or part of the services offered to you in the Moovz Platform, and we may do so with or without notice. We shall not be liable to you or any third party for doing so.
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INTERACTIONS WITH MEMBERS
YOU ARE FULLY RESPONSIBLE FOR YOUR ACTIONS OR OMISSIONS UNSING THE MOOVZ PLATFORM AND/OR FOR YOUR INTERACTIONS AND COMMUNICATIONS WITH OTHER MEMBERS ON THE MOOVZ PLATFORM. WE SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS TAKEN BY OTHER MEMBERS WHEN INTERACTING OR COMMUNITING WITH YOU, WHETHER IF SUCH INTERACTIONS OR COMMUNICATIONS TAKE PLACE IN ZONES OR PRIVATE AREAS OF THE MOOVZ PLATFORM. IN ADDITION, WE DO NOT AND CANNOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR MEMBERS (ALTHOUGH WE RESERVE THE RIGHT TO DO SO AT ANY TIME). WE RESERVE THE RIGHT TO MONITOR YOUR INTERATCTIONS AND COMMUNICATIONS WITH OTHER MEMBERS, BUT WE HAVE NO OBLIGATION TO DO SO. IN NO EVENT SHALL WE BE LIABLE AND RESPONSIBLE FOR ANY LOSS, LIABILITY, DAMAGE, COST OR EXPENSE OF ANY KIND (INCLUDING BODILY INJURIES OR PROPERTY DAMAGE), INCURRED BY YOU OR ANYONE ON YOUR BEHALF AS A RESULT OF OR INCONNECTION WITH YOUR USE OF THE MOOVZ PLATFORM OR YOUR INTERACTION WITH OTHER MEMBERS OF THE MOOVZ PLATFORM, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR INCIDENTAL.
THE MEMBER CONTENT UPLOADED OR POSTED BY OTHER MEMBERS MAY INCLUDE INFORMATION THAT SHOULD NOT NECESSARILY BE RELIED UPON. AS MENTIONED ABOVE, EACH MEMBER IS SOLELY RESPONSIBLE FOR HIS OR HER MEMEBR CONTENT AND THEREFORE WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION. WE AND/OR OUR AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF ANY CONTENT UPLOADED BY A MEMBER OF THE MOOVZ PLATFORM.
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INTERACTIONS WITH ADVERTISERS
We shall not be responsible for your interactions with advertisers on the Moovz Platform or that you got acquainted with through the Moovz Platform (the “Advertiser”). If you choose to correspond or enter into a transaction or other business deal with an Advertiser, you are doing so at your free will, and the interactions between you and Advertiser are solely between you and the Advertiser. In no event shall we be liable and responsible for any loss, liability, damage, cost or expense of any kind (including bodily injuries or property damage), incurred by, or caused by you as a result of or in connection with your transaction or other business deal or interaction with an Advertiser, whether direct, indirect, general, special, compensatory, consequential or incidental.
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PAYMENTS
A person may access our Moovz Platform and become a Member of our community by subscribing to the Moovz Platform as aforementioned freely and without any charge. Notwithstanding the foregoing, there are areas in the Moovz Platform that will be designated as areas that require certain payments in order to access them or enjoy their offering or benefits, in whole or in part. In addition, we may provide virtual merchandise that you can buy with our virtual currency.
We reserve the right to change, at any time, with or without notice, and for any or no reason, the required payments for areas, services and/or the virtual merchandise on the Moovz Platform as well as to require payment with respect to free areas, services and/or virtual merchandise at the Moovz Platform.
We do not store any information concerning your credit card and credit card payments, such information shall be obtained (and stored) directly by a service provider who shall perform the monetary transactions of the Moovz Platform's members.
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PRIVACY
Our privacy policy sets out our policy concerning collection of information and what we do with the information collected by us. It is important for you to carefully read the privacy policy as it is a part of the Agreement and our services are governed by it. If you disagree with any terms of our privacy policy please suspend your account and cease using the Moovz Platform.
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LINKS
Certain content in the Moovz Platform may include materials or resources from third-parties or links to other third party websites or applications or resources that are not affiliated with us. You are aware that such third party's websites, applications and/or resources are not under our control and that we are not aware of the content available in them We are not responsible for examining or evaluating the content or accuracy of third parties and we do not represent or warrant and will not have any liability or responsibility for any third-party materials, resources, websites or application or for any other materials, products, or services of third-parties.
You acknowledge and agree that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party's materials, resources, websites or application. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
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DISCLAIMERS AND LIMITATIONS ON LIABILTY
YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOOVZ PLATFORM IS AT YOUR OWN RISK. THE MOOVZ PLATFORM AND THE SERVICES ON THE MOOVZ PLATFROM ARE PROVIDED ON AN “AS-IS” BASIS AND WE DISCLAIM ANY WARRANTY (INCLUDING WARRANTY OF FITNESS) TO ANY PARTICULAR USE OR PURPOSE. ALL MATERIALS, INFORMATION, CONTENT, SOFTWARE AND SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, WHICH ARE HEREBY DISCLAIMED BY US AND/OR OUR SUBSIDIARIES. WE DO NOT REPRESENT OR WARRANT THAT THE MOOVZ PLATFORM WILL FUNCTION AT ALL TIMES AND THAT ERRORS WON’T OR CANNOT OCCUR (OR THAT THEY WILL BE FIXED), AND THAT THE SERVERS OF THE MOOVZ PLATFORM ARE FREE OF ANY HARMFUL COMPONENTS. WE AND/OR OUR SUBSIDIARIES DO NOT GUARANTEE THE ACCURACY OF ANY CONTENT, INFORMATION OR ANY MATERIAL AVAILABLE THROUGH THE PLATFORM, AND ANY SUCH USE OF THE ABOVE MENTIONED CONTENT, INFORMATION OR ANY MATERIAL SHALL BE ON YOUR OWN RISK AND WE SHALL NOT BEAR RESPONSIBILITY FOR THE OUTCOME OF SUCH USE.
AS MENTIONED ABOVE, WE ARE NOT RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS ON THE MOOVZ PLATFORM AND/OR THE RESULTS OF SUCH COMMUNICATIONS AND INTERACTIONS, WHICH ARE AT YOUR OWN RISK. IN ANY CIRCUMSTANCES, WE AND/OR OUR SUBSIDIARIES SHALL NOT BE LIABLE AND/OR RESPONSIBLE FOR ANY LOSS, LIABILITY, DAMAGE, COST OR EXPENSE OF ANY KIND (INCLUDING BODILY INJURIES OR PROPERTY DAMAGE) CAUSED TO YOU OR ANOTHER MEMBER INCURRED BY OR RESULTING FROM THE USE OF THE MOOVZ PLATFORM OR ITS SERVICES, OR ANY TRANSACTION OR COMMUNICATIONS MADE THROUGH THE MOOVZ PLATFORM OR ANY BREACH OF THE AGREEMENT CAUSED BY YOU OR ANOTHER MEMBER OF THE MOOVZ PLATFROM OR CHANGES IN THE AGREEMENT.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO YOUR USE OF THE MOOVZ PLATFROM OR ITS SERVICES, OR ANY TRANSACTION MADE THROUGH THE MOOVZ PLATFORM OR ANY BREACH OF THE AGREEMENT CAUSED BY US OR ANOTHER MEMBER OF THE MOOVZ PLATFORM OR CHANGES IN THE AGREEMENT.
IN THE EVENT THAT SUCH LIMITATION OF LIABILITY IS NOT ENFORCABLE IN YOUR JURISDICTION OR FOR ANY OTHER REASON, WE WILL BE FOUND LIABLE TOWARD YOU, OUR LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, WILL AT ALL TIMES BE LIMITED TO THE FULL AMOUNT YOU PAID TO US FOR THE SERVICES PROVIDED TO YOU IN THE IMMEADETE PERVIUOS TWELVE (12) MONTHS PERIOD.
PLEASE NOTE THAT YOU ALWAYS HAVE THE REMEDY TO CEASE USING THE MOOVZ PLATFORM AND SUSPEND YOUR ACCOUNT WITH US. YOU UNDERTAKE TO TAKE ALL RESONABLE ACTIONS TO MINIMIZE ANY DAMAGE INCURRED BY YOU FROM USING THE MOOVZ PLATFORM.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THE AGREEMENT.
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INDEMNIFICATION
You agree to defend, indemnify, and hold us and our affiliates, officers, agents, directors, managers, partners, employees, successors and assigns, harmless from and against any damages, losses, charges, liabilities, claims, demands, actions, suits, proceedings, payments, judgments, settlements, assessments, and costs and expenses (including, but not limited to, reasonable attorneys’ fees and costs) incurred by any of them as a result of your use of the Moovz Platform in violation or breach of the Agreement and/or any breach of your representations and warranties set forth above and/or any infringement by you or on your behalf of intellectual property rights of any person.
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TERM
The Agreement shall commence when you become a Member. If you wish to freeze your Membership, for any reason, you can send us an email to office@moovz.com (or if and to the extent such option is available on the Moovz Platform, do so by following the steps provided in the Moovz Platform for such action). Please note that freezing your account does not delete your profile or activities or posts from the Moovz Platform, but your member profile (and not your previous activities and posts) will no longer be visible to other members of the Moovz Platform and they will not be able to interact with you. However, you may also request to expressly delete your account with the Moovz Platform by sending an email to that effect to email to office@moovz.com with the subject line "REQUEST TO DELETE MY ACCOUNT", and in such case, our representative shall examine your request and, if accepted, they will use commercially reasonable efforts to delete your account within a reasonable period of time. When freezing or deleting your account you acknowledge that (a) your Member Content and/or information may be backed up in our or our service providers' servers, (b) your Member Content and/or information may be saved in any third party database or server, and we shall not be responsible for removing such content and/or information.
In addition, when you delete your Member Content it is not necessarily permanently deleted. Similar to emptying the recycle bin on a computer, such deleted items may persist in our or our affiliates backup copies.
We may, in our sole discretion, cancel or suspend your Membership, at any time without conveying a written notice, for any reason (including, without limitation, because of your breach of the Agreement between us).
Upon ending of your Membership for any reason or termination of the Agreement with you, you shall not be entitled to any refund of payments you made due to your use of the Moovz Platform and its services, if any, prior to the termination of the Agreement.
In addition, we reserve the right at any time and in our sole discretion to block your IP address or any other members IP from accessing the Moovz Platform.
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Electronic Communications
When you use the Moovz Platform, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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ENTIRE AGREEMENT AND MODIFICATIONS
The Agreement together with our privacy policy embody the entire agreement between us regarding the use of the Moovz Platform and its services and supersedes any and all prior communications between us. They do not create any third party beneficiary rights and shall not be construed as creating any agency, partnership, or other form of joint enterprise between us.
You acknowledge and agree that we may modify the Terms of the Agreement at any time, and coincidently we shall inform you of such modification of the terms of the Agreement by an e-mail or notification through the Moovz Platform or other notice provided through the Moovz Platform or directly to you. The continuance of your use of our Moovz Platform shall constitute your acceptance to the revised terms of the Agreement.
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APPLICABLE LAW
The Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to the conflict of law provisions thereof.
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GOVERNING LAW AND JURISDICTION
Any dispute between the Parties with respect to the Agreement and/or the enforcement of their respective rights and obligations shall be submitted to the exclusive jurisdiction of the courts sitting in Tel Aviv, Israel.However, we may litigate and seek injunctive or other appropriate relief in all claims arising out of or relating to the Agreement and/or privacy police and/or the Moovz Platform in any court situated in your place of jurisdiction and you consent to exclusive jurisdiction and venue in any such court.
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NOTICES
Except where expressly provided a designated address in the Agreement, any notice or other communication including, but not limited to, any notice, question, request, complaint, demand or statement concerning the Agreement and your use of the Moovz Platform and its services must be in writing and in English addressed to us as shown below:
Interacting Technology LTD.
Address: 23 hayarkon st.Bnei Brak 5120409ISRAELE- mail: office@moovz.comAny notice to you from us, will be addressed to (a) your e-mail address, (b) home address if provided to us, (c) your contact information provided by you or (d) notification through the Moovz Platform.
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FORCE MAJEURE
We shall not be liable to you for any failure, suspension or termination of access to the Moovz Platform or any content on the Moovz Platform, occurring or arising out of a Force Majeure Event. A Force Majeure Event shall include, without limitation, acts of god, war (whether declared or undeclared), terror events, strikes, riots, fires, accidents, floods, civil disturbance, natural disasters, failure of infrastructure or industrial action affecting us directly or indirectly. We will use all reasonable means to prevent or minimize any interruption to the Moovz Platform and its services caused by aForce Majeure Event.
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SEVERABILITY
In any case one or more of the provisions contained in the Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
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SURVIVAL
Provisions of the Agreement that expect to survive the termination of the Agreement between us according to their terms or to their nature (including, without limitation, Sections 4 through 7, 9 through 11, 13 through 21, 23 and 24 of this agreement), shall survive termination or expiration of the Agreement or deactivation or cancelation of your Membership.