THE MW WEBSITE
The MW Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the MW Website is the property of MW, its suppliers and/or its licensors and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. MW hereby grants you a limited, nonexclusive, non-transferable, personal license to use the MW Website for personal or, informational purposes only. Except as expressly authorized by MW in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the MW Website for any purpose or “frame” or “mirror” the MW Website on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to MW, its suppliers and/or its licensors.
To use certain features of the MW Website, purchase licenses from MW or participate in certain activities sponsored by MW, we might ask you to register as a customer, user or participant. If so requested, each MW Website user must: (1) personally provide true, accurate, current and complete information on the MW Website’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, MW has reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, MW may suspend or terminate any and all current or future use of the MW Website by that user. A user may receive passwords and account designations upon completing certain MW Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to MW or the MW Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants MW the royalty-free, world-wide perpetual, non-exclusive, irrevocable, transferable license to MW to use, reproduce, publish, distribute and display such Content solely on or through the MW Website. MW has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. MW shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. MW, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of MW Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the MW Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the MW Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this MW Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from MW; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. MW shall not be liable in any way for any Content.
PURCHASE OF SERIVCES
Your purchase of a license to access, download and use the MW videos and/or other materials is subject to MW’s License Agreement (http://www.motionworship.com/license-agreement).
The MW Website is not intended for use by children. If you are under 13, you may not submit or post any information or material on the MW Website or otherwise provide such information to MW, including but not limited to personally identifiable information.
MW may terminate your use of the MW Website for: (1) breach of these Terms; (2) your abuse of MW Website resources or attempt to gain unauthorized entry to the MW Website; or (3) as required by law, regulation, court or governing agency order. MW’s termination of any user’s access to the MW Website may be effected without notice and, on such termination, MW may immediately bar any further access to the MW Website. MW shall not be liable to any user or other third party for any termination of that user’s access to the MW Website. In the event of termination, MW reserves the right to delete or save a user’s Content at MW’s sole discretion.
The MW Website may provide links to other websites. MW exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER’S USE OF THE MW WEBSITE IS AT HIS OR HER SOLE RISK. THE MW WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE MW WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
“MOTION WORSHIP” is a trademark of MW. All other marks, names, and logos mentioned on the MW Website are the property of MW or their respective owners. Your use of the MW trademarks and other marks, names and logos set forth on the MW Website without prior written consent is strictly prohibited.
MW respects the intellectual property rights of others, and requires that the people who use the MW Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this MW Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit MW to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a 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 (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
The Terms constitute the entire agreement between each user and MW and govern each user’s use of MW Website, superseding any prior agreements. The Terms and the relationship between each user and MW shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the state or federal courts located within Hennepin County, Minnesota. This MW Website is controlled and operated by MW from its offices within the State of Minnesota, United States of America. MW makes no representation that materials in the MW Website are appropriate or available for use in other locations. Those who choose to access this MW Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between MW and any user.
Last Updated: February 21st, 2013