MOVEO hls WEBSITE terms of use

Last updated July 7, 2019

LEASE READ THE FOLLOWING TERMS OF USE AGREEMENT AND PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING www.moveo.group OR www.moveo.co.il OR www.moveohls.com OR moveosoftware.com  (collectively, the “MOVEO WEBSITE”) AND ITS CONTENT MADE AVAILABALE BY MOVEO (AS DEFINED BELOW) OR ITS AFFILIATES. BY ACCESSING OR USING THE MOVEO WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE MOVEO WEBSITE.

1. ACCEPTANCE OF TERMS
Moveo Software Ltd. and its affiliates (collectively, the “Company” or “Moveo”) is the owner and operator of the Moveo Website. Any person, who uses the Moveo Website, shall be referred to as a “User”. Any User who wishes to use the Moveo Website must agree to the terms and conditions of these Terms of Use Agreement, which includes the Moveo Privacy Policy (collectively, the “Agreement”), as well as all other policies and guidelines incorporated from time to time by reference to this Agreement. This Agreement is a binding agreement between any User and the Company.

2. GENERAL CONDITIONS
The following conditions shall apply to all Users:
2.1.1. The Moveo Website will be used only for lawful purposes and only in a lawful manner. All Users agree to comply with all applicable laws and regulations in all applicable jurisdictions and to refrain from violating any law, any third party’s rights, or this Agreement.
2.1.2. All Users must be natural persons of at least eighteen (18) years of age or older and be able to understand and sign legally binding contracts. No internet bots, crawlers or any other automatic applications or codes designated to retrieve and collect information are allowed to use the Moveo Website.
2.1.3. Users shall immediately report to the Company at contact@moveo.group upon any security breach and/or improper use of the Moveo Website, which comes to their attention.
2.1.4. The Company has the right to monitor User communication, and may disclose any content and information about a User, including User communication and information if the Company deems it reasonably necessary to: (i) conform to legal requirements or respond to legal process; and/or (ii) ensure User compliance with this Agreement, and/or (iii) protect the rights, property, personal safety or interests of the Company, its owners, managers and employees, Users, or any third parties.
2.1.5. Users’ access and use of the Moveo Website are expressly conditioned upon compliance with all the terms of this Agreement, the Privacy Policy and any applicable laws. Any violation of any of these terms shall immediately revoke User’s right to use the Moveo Website. The Company, at its sole discretion, may limit or refuse any User’s access to and/or use of the Moveo Website. The Company reserves the right to modify or discontinue the Moveo Website (or any part or feature thereof) at any time and without notice. User agrees that the Company shall not be liable to User or to any third party for any damages caused by or in connection with any limitation, refusal, modification, suspension, or discontinuance of the Moveo Website. 

3. SITE INFORMATION
Information and/or content available on the Moveo Website is made available “as-is” and for information purposes only, and the Company does not warrant for its completeness, timeliness or accuracy. 

4. INFORMATION SECURITY 
he Company uses commercially reasonable computer security safeguards and protocols to protect the Moveo Website, its databases and servers against misuse, risks of loss, unauthorized access, destruction, inadvertent or improper disclosure of data (“Security Breach”). However, the Company does not assume any responsibility to any such Security Breach and does not guarantee that such Security Breach shall not occur or be fixed within any time frame. All registered Users are solely responsible for, and must protect their account and its contents from and against any unauthorized access to their password and/or to their computer(s) and/or networks.

5. INTELLECTUAL PROPERTY RIGHTS
Moveo  owns or has a license to use all elements and components of the Moveo Website, including, without limitation, all visual interfaces, interactive features, graphics, design, compilation, computer code, products, and software (collectively, the “Moveo Content”), and all rights and interest in and to such Moveo Content. The Company also owns or has a license to use any and all intellectual property rights, associated with the Moveo Content, including, without limitation, all patents, copyrights, designs, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world, whether registered or not, which are protected by applicable intellectual and proprietary rights and laws. User may not modify, reproduce, distribute, create derivative works or adaptations of, reverse engineer, decompile, publicly display or in any way exploit any of the Moveo Content in whole or in part, without the Company’s prior written consent. The Company does not grant any express or implied rights in the Moveo Content to User, and all rights in and to the Moveo Website and/or Moveo Content are retained and reserved by The Company. Moreover, the terms “Moveo” and “Moveo HLS” and anything on the Moveo Website that identifies or distinguishes the Company from other companies, goods or services, are registered or unregistered trademarks and tradenames of the Company (the “Moveo Trademarks”). Except as otherwise permitted by law, User shall not display or use in any manner the Moveo Trademarks without the Company’s prior written consent. 

6. LIMITATION OF LIABILITY
Moveo provides the Moveo Website, its content and all other components “as-is”. No expressed or implied warranties, guarantees, or conditions related to the Moveo Website are made by Moveo. Moveo disclaims any and all implied warranties including, without limitation, the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the generality of the foregoing, Moveo does not warrant that the Moveo Website will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User. Moveo does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Moveo Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Moveo Website. Under no circumstances will Moveo or its affiliates be responsible for any loss or damage resulting from User’s or any third party’s reliance on information or other content posted on the Moveo Website or transmitted to or by any User or third party. Moveo shall not be liable for any indirect, consequential, special, or incidental damages or lost profits resulting from User’s use or access to the Moveo Website, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, User specifically acknowledge that Moveo is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with User. These limitations apply to any matter related to the Moveo Website or the Moveo Content; third party internet sites, programs or conduct; viruses or other disabling features. These limitations also apply even if this remedy does not fully compensate User or any third party for any losses or fails its essential purpose; or even if Moveo knew or should have known about the possibility of the damages. 

7. INDEMNIFICATION
User shall indemnify and hold Moveo and its shareholders, affiliates, officers, agents, subsidiaries, partners and employees harmless, from and against any damages, losses, liabilities, claims or demands, (including reasonable attorneys’ fees and expenses), made by any third party due to or arising out of (i) any unlawful, unauthorized or misuse of the Moveo Website by User, (ii) violation of these Terms of Use and/or the Privacy Policy by User, (iii) violation by User of any rights of another including but not limited to infringement of another’s copyright or other intellectual property right, or (iv) any other negligent act or misconduct by User. 

8. CHANGES TO THIS AGREEMENT
These Terms of Use including the Privacy Policy and all other policies governing the use of the Moveo Website may be modified, changed or altered at Company’s sole discretion, at any time and without prior notice. However, the Company will publish notices of material changes to this Agreement; such notices may be posted on the Moveo Website, before they become effective. User agrees that User’s continued use of the Moveo Website following any modifications, changes or alterations to this Agreement and after the changes take effect will constitute User’s acceptance of such modifications, changes or alterations and conclusively demonstrates User’s acceptance of such modifications, changes or alterations. 

9. MISCELLANEOUS
9.1. Notices. User hereby consents to receipt of any and all information in an electronic format. Moveo may provide required information to User by email at any address provided by User, or via the Moveo Website. Notices provided to User via email will be deemed delivered and received on the transmission date. User agrees and acknowledges that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Unless specifically specified otherwise in this Agreement, Moveo is not obligated to notify User of any changes, modification or alterations made to this Agreement, and User is encouraged to check the Terms and the Privacy Policy regularly. However, the Company shall publish notices of material changes to this Agreement, such notices shall be posted on the Moveo Website before they become effective.
9.2. Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be replaced and deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions of this Agreement will remain in full force and effect.
9.3. No Waiver. Any party’s failure or omission to act with respect to a breach of this Agreement does not constitute a waiver or affect that party's rights to act subsequently.
9.4. Assignment. User may not assign rights or delegate any duties under this Agreement. Moveo may assign its rights or delegate its duties under this Agreement to any of its affiliates, successors or assignees. 
9.5. Governing Laws and Jurisdiction. This Agreement is governed by the laws of the State of Israel. Any and all disputes arising under or otherwise in connection with this Agreement shall be subject to the exclusive jurisdiction and venue of the competent courts in Tel Aviv, Israel, and User hereby agrees and submits to the exclusive jurisdiction and venue of such courts in connection with any disputes arising under or in connection with this Agreement.
9.6. Entire Agreement. This Agreement, including the Privacy Policy and any other agreement entered with a User or incorporated by reference constitutes the entire agreement between Moveo and the User and supersedes any prior agreements between Moveo and User.