Terms of Use

Last updated: December 6, 2021

MOVAVI (“MOVAVI”) makes this website (the “Site”), including all information, documents, text, directories, data, icons, communications, files, photos, videos, graphics, music, sound, software, and services available through the Site (collectively, the “Content”) available for your use subject to the terms and conditions set forth in this document and any changes to this document that MOVAVI may publish from time to time (collectively, the “Terms of use”).

By accessing or using this Site in any way, including, without limitation, using or downloading any Content, or merely browsing the Site, you agree to and are bound by the Terms of use. If you do not agree to these Terms of use, please do not use this Site. If you breach any of the Terms of use, your authorization to use this Site automatically terminates, and any Content downloaded or printed from the Site in violation of the Terms of use must be immediately destroyed. We reserve the right, at our discretion, to update or revise these Terms of use. Please check the Terms of use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of use constitutes acceptance of those changes.

You acknowledge and agree that all Content available on this Site is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, MOVAVI owns a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in the Content original to itself. Third parties whose Content appears on the Site own the copyright in the Content original to them. The look and feel of the Site, including our color combinations, button shapes, and other graphical elements, are also MOVAVI trademarks.

Apple, Mac, iTunes, Mac OS, iPod, iPod classic, iPod nano, iPod shuffle, iPod touch, iPhone, and Apple TV are trademarks of Apple Inc., registered in the U.S. and other countries. The Mac Logo and the Universal Logo are trademarks of Apple Inc., registered in the U.S. and other countries, used under license. PlayStation and PSP (PlayStation Portable) are registered trademarks of Sony Computer Entertainment Inc. The trademarks BlackBerry, BlackBerry Pearl, BlackBerry Curve, BlackBerry Bold, BlackBerry Storm, and BlackBerry Pearl Flip are owned by Research In Motion Limited, are registered in the United States, and may be pending or registered in other countries. Zune is a trademark of Microsoft Corporation. Creative and Zen are trademarks or registered trademarks of Creative Technology Ltd. in the United States and/or other countries. Archos is a registered trademark of Archos Corporation. Epson is a registered trademark of Seiko Epson Corporation. Iriver is a registered trademark of ReignCom Ltd. Samsung is a trademark of Samsung in the United States and other countries. Transcend is a registered trademark of 3Com Corporation.

All other trademarks and trade names are properties of their respective owners. Movavi is not endorsed, sponsored, affiliated with, or otherwise authorized by any of the trademark owners. All rights reserved.

This Site and its Content are provided for your personal informational and entertainment use and may only be used for lawful purposes. By using this Site, you agree not to reproduce, republish, display, frame, download, transmit, modify, rent, loan, sell, assign, distribute, reverse engineer, adapt, edit, or create derivative works based on the Site or its Content, except as expressly authorized herein. You also agree that you will not store, reproduce, transmit, publicly display, publicly perform, distribute, publish, broadcast, or otherwise make available the Content, including, without limitation, the radio, TV, or other audio-visual content directory listings available on and through this Site (collectively, the “Directory”), or any portion of the Directory, whether electronically or in any other form, and whether for commercial purposes or any purpose other than your own personal use, unless approved in writing by MOVAVI. Any portion of the Directory which is downloaded or otherwise reproduced from this Site may be retained only for a temporary period of time. Systematic retrieval of data or other content from the Directory or other use of such data and other Content, directly or indirectly, to create or compile a collection, database or directory without written permission from MOVAVI is prohibited, and you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

You may not post on or transmit through any community, upload or download areas of the Site any Content that (i) violates or infringes in any way upon the rights of others, including, without limitation, copyrights and trademarks, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense, (iv) gives rise to civil liability, or (v) otherwise violates any law. You are responsible for determining whether posting or transmitting any particular Content violates any of the provisions above or any laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or another proprietary right or any other harm resulting from any Content you upload, post, or submit. You also may not undertake any conduct that, in the judgment of MOVAVI, restricts or inhibits any other user from using or enjoying the Site, including, without limitation, the community areas.

You may not harvest or collect information, including email addresses, user names, or other contact information about Site users, for the purpose of sending unsolicited bulk email or instant messages.

Some of the features of this Site, such as forums, require registration. You agree to provide only accurate, complete, and updated registration information, and you agree to keep such information current. You may not select or use a username that impersonates another person or entity, belongs to another person, violates the intellectual property rights of any person or entity, or that MOVAVI considers to be offensive.

The use of some of the features and all of the software available on this Site is governed by separate terms of use and/or licenses. You are not authorized to use such features or software unless you agree to abide by the applicable terms/licenses.

When you download or purchase any software from this Site, MOVAVI reserves the right to request information from you. You may also be required to create a user account.

The user account is a section of the Site that contains the information necessary for the execution of the license agreement, for example, information about the MOVAVI products you have purchased or your subscription terms.

You have sole access to your account and you are responsible for maintaining the confidentiality of your password and account. All actions performed under your account are considered to have been performed by you.

MOVAVI reserves the right to change the functionality of your account at its discretion without prior notice.

As a MOVAVI customer, you agree to receive emails containing information about recent updates and new products from MOVAVI as well as advertisements.

MOVAVI will regularly send you emails containing information about new software versions as well as other information related to the purchased product and advertisements. You can unsubscribe from these communications at any time. To do so, follow the unsubscribe information contained in the emails or send an email to privacy@movavi.com with your request to be removed from our mailing list. In this case, your personal data will continue to be stored in the MOVAVI database, but we will not send you any further informational emails unless you advise us otherwise.

You agree that your reviews of MOVAVI services and products may be published without your additional consent on the MOVAVI Sites and used for commercial purposes, including in MOVAVI ads.

MOVAVI has the right, but not the obligation, to monitor the Content of the Site, including, without limitation, the download areas, to determine compliance with the Terms of use and any other operating rules that may be established by MOVAVI from time to time. MOVAVI has the right at its sole discretion to edit, refuse to post, or remove any Content submitted to or posted on the Site. Without limiting the foregoing, MOVAVI has the right, but not the obligation, to remove any Content that it, in its sole discretion, finds to be in violation of the provisions of these Terms of use, otherwise objectionable, or no longer current. Users shall remain solely responsible for the Content they post or submit. You acknowledge and agree that MOVAVI shall not assume or have any liability for any action or inaction with respect to any conduct within the community areas or any communication or posting in the community areas.

This Site may produce automated search results, directory links, or otherwise link you to other locations available through the Internet. These locations may contain or broadcast information or material that some people may find inappropriate, offensive, or otherwise objectionable. These other locations are not under the control of MOVAVI, and you acknowledge that MOVAVI is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of or broadcasts from such locations. This Site also may make third-party software or other materials available for download. MOVAVI does not create, endorse, or sponsor such third-party materials, and if you download any such third-party materials that we index or support, you do so completely at your own risk. If you plan to download any software or other materials, it is your responsibility to read the relevant copyright and licensing information first.

The MOVAVI Privacy Policy explains how your information is collected and used and the choices you have with respect to that information. You consent to MOVAVI using your registration information and other information collected on this Site under the terms of the MOVAVI Privacy Policy.

THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOVAVI, ITS LICENSORS, AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND CONTENT ARE FREE OF DEFECTS, VIRUS-FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.

THE CONTENT ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL MOVAVI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS, OR RESELLERS (COLLECTIVELY, THE “MOVAVI GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MOVAVI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE MOVAVI GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE MOVAVI GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.

Upon request by MOVAVI, you agree to defend, indemnify, and hold harmless MOVAVI, its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of this Site in a manner not in strict conformance with these Terms of use. MOVAVI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MOVAVI in asserting any available defenses.

The Content provided on this Site is not intended for use in any jurisdiction where such use would be contrary to law. You are responsible for compliance with all applicable local laws and regulations.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and MOVAVI with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MOVAVI with respect to this Site. If any part of these Terms of use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

MOVAVI reserves the right, at its sole discretion, to terminate your access to all or part of this Site, with or without notice.