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Zocoloco Studios, Inc. (“motion.tv,”, “motion”, “cg+news”, “we,” or “us”) offers an online creative content site through its website located at motion.tv (the “motion.tv Site”) and related domains (including motionconference.com and cgnews.com), mobile applications, desktop applications, and television applications (collectively, the “motion.tv Services”). By using the motion.tv Services in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and motion.tv. If you do not wish to be bound by this Agreement, do not use the motion.tv Services.
1. Who May Use motion.tv Services
AGE REQUIREMENT: You must be at least 13 years old to use the motion.tv Services. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the motion.tv Services. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the motion.tv Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the motion.tv Service. If your child is using the motion.tv Services and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
WARNING: Even if you are old enough to use the motion.tv Services and/or have your parent’s or guardian’s permission, some of the content available within the motion.tv Services may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the motion.tv Services
LICENSE: motion.tv grants you a limited, non-exclusive license to access and use the motion.tv Services for your own personal, non-commercial purposes. This includes the right to view content available on the motion.tv Services. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the motion.tv Services for commercial purposes.
RESTRICTIONS: Except as expressly permitted by motion.tv in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the motion.tv Services. Nor will you take any measures to interfere with or damage the motion.tv Services. All rights not expressly granted by motion.tv are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
REGISTRATION: To gain access to the motion.tv Services premium content, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to motion.tv and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the motion.tv Services. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
5. Subscriptions and Purchases
motion.tv PREMIUM: In addition to offering free motion.tv Services, we offer motion.tv subscriptions providing access to premium content. Please see our subscription pages for current pricing. Features and prices are subject to change. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (3) days after their purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by motion.tv. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. motion.tv reserves the right to deny subscriptions, renewals, and other purchases for any reason.
END OF SUBSCRIPTION: When a motion.tv Premium subscription ends, the account automatically becomes a free account and motion.tv will disable access to premium content.
OTHER PURCHASES: Purchases of other products and services through the motion.tv Services are subject to our terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the motion.tv Services and continues as long as continue to use any of the motion.tv Services.
ACCOUNT DELETION: You may delete your account at any time. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: motion.tv may suspend, disable, or delete your account (or any part thereof) if motion.tv determines that you have violated any provision of this Agreement or that your conduct would tend to damage motion.tv‘s reputation and goodwill. If motion.tv deletes your account for the foregoing reasons, you may not re-register for the motion.tv Services. motion.tv may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by motion.tv will terminate. Sections 6 and 11 though 16 shall survive termination.
7. Code of Conduct
In using the motion.tv Services, you must behave in a civil and respectful manner at all times. Further, you will not:
Act in a deceptive manner by, among other things, impersonating any person;
Harass or stalk any other person;
Harm or exploit minors;
Collect information about others; or
Advertise or solicit others to purchase any product or service within the motion.tv Site (unless you are an official motion.tv partner or advertiser and have a written agreement with motion.tv).
motion.tv has the right, but not the obligation, to monitor all conduct on and content submitted to the motion.tv Services.
8. Licenses Granted
LICENSE TO motion.tv: As between motion speakers and motion.tv, motion.tv owns the video content (“videos”) that were recorded of you at motion. By speaking at motion, you grant motion.tv and its affiliates a unlimited, worldwide, exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the motion.tv Services; (ii) displaying the video on third party websites and applications through a video embed or motion.tv‘s API; (iii) allowing other users to play the video; (iii) promoting the motion.tv Services; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO motion.tv: As between you and motion.tv, you own all non-video content that you submit to the motion.tv Services. You grant motion.tv and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called “moral rights” in your non-video content. You further grant all users of the motion.tv Services permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to motion.tv on improving or adding new features to the motion.tv Services, motion.tv shall have the right to use your suggestions without any compensation to you.
LICENSE TO OTHER USERS: You further grant all users of the motion.tv Services permission to view your videos and non-video for their personal, non-commercial purposes.
DURATION OF LICENSES: The above licenses will continue in perpetuity. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that motion.tv has no control over such caching.
9. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to motion.tv and grant the licenses set forth above; (ii) motion.tv will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless motion.tv and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the motion.tv Services; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to motion.tv violates any law or infringes any third party right, including any intellectual property or privacy right.
11. Third Party Copyrights and Other Rights
motion.tv respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at hello[at]motion[dot]tv.
motion.tv reserves the right to modify the motion.tv Services. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the motion.tv Services. motion.tv has no obligation to screen or monitor any content and does not guarantee that any content available on the motion.tv Services complies with this Agreement or is suitable for all users.
motion.tv provides the motion.tv Services on an “as is” and “as available” basis. You therefore use the motion.tv Services at your own risk. motion.tv expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, motion.tv makes no representations or warranties:
That the motion.tv Services will be permitted in your jurisdiction;
That the motion.tv Services will be uninterrupted or error-free;
Concerning any content submitted by any author;
Concerning any third party’s use of content that you submit;
That the motion.tv Services will meet your business or professional needs;
That motion.tv will continue to support any particular feature of the motion.tv Services; or
Concerning sites and resources outside of the motion.tv Services, even if linked to from the motion.tv Services.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the motion.tv Services, and no warranties shall apply after such period.
13. Limitation of Liability
To the fullest extent permitted by law: (i) motion.tv shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) motion.tv‘s total liability to you shall not exceed the amounts paid by you to motion.tv over the twelve (12) months preceding your claim(s).
14. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the motion.tv Services are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) – (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
15. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New Mexico, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the motion.tv Services must be commenced in the state or federal courts located in Bernalillo County, New Mexico, United States of America (and you consent to the jurisdiction of those courts). In any such action, motion.tv and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by motion.tv in exercising any right hereunder will waive any further exercise of that right. motion.tv‘s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without motion.tv‘s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from motion.tv electronically. motion.tv may provide all such communications by email or by posting them on the motion.tv Services. For support-related inquiries, you may contact us. You may send notices of a legal nature to motion.tv at hello[at]motion[dot]tv or the following address:
Zocoloco Studios, Inc
PO Box 70102
Albuquerque, New Mexico 87107
Attention: Legal Department
Nothing herein shall limit motion.tv‘s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by motion.tv on the motion.tv Site or a written amendment signed by an authorized representative of motion.tv. A revised Terms of Service will be effective as of the date it is posted on the motion.tv Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between motion.tv and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of motion.tv‘s application protocol interface (API), which is governed by our API Agreement.
END OF DOCUMENT. Thanks for reading!