- Movga TERMS OF SERVICE
- These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or original account to access, install or play as well as any original account you use to access online or mobile products or services ("Movga Services") offered by Movga or any of its subsidiaries and affiliates (collectively, "Movga") for PC or mobile device. If additional terms and/or agreements apply to the Movga Service(s) used by you, those additional terms and/or agreements govern your use of Movga Services as well. These Terms of Service form legally binding contracts between you and Movga. By using Movga Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You agree to check www.Movga.com/service.html periodically for new information and terms that govern your use of Movga Services. Movga may modify the Terms of Service at any time. Revisions to terms affecting existing Movga Services shall be effective thirty (30) days after posting at www.Movga.com/service.html. Terms for new Movga Services are effective immediately upon posting at www.Movga.com/service.html.
- Table of Contents
- original account
- Use and Expiration of Content and Entitlements/General License Restrictions
- Content and Entitlement Availability
- Contributing Third Party Content to Movga Services
- UGC License Grant to Movga and Others
- Paid Services
- Termination of Movga Services
- Cancellation of your Account
- Rules of Conduct
- Services Not Controlled By Movga
- Software, Utilities and Tools
- Export Control Laws
- Updates to Movga Services
- Limitations on Warranty and Liability
- Links to Third-Party Sites
- General Terms
- Dispute Resolution By Binding Arbitration
- Entire Agreement
- Supplemental Terms
- 1. original account
- An original account (formerly known as a Movga Account) ("Account") may be required to access and use some Movga Services. To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Movga Service for which you are registering. In addition, some Movga Services may require creation of a "user name" or a "persona" to represent you in game and online. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Movga will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions. If you forgot your original account or respective password and would like to retrieve your account, please contact our customer support team. We will make our best efforts in helping you, but we do not guarantee you or make any assurance on successfully retrieving your original account.
- 2. Content
- "Content" on Movga Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Movga Services, as well as the design and appearance of our websites. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account personas, forum posts, profile content and any other Content contributed by users to Movga Services. Movga Content and UGC collectively shall be referred to as "Content." All Content - with the exception of UGC discussed below in Section 6 and 7 - is owned by Movga or its affiliates, subsidiaries, licensors or suppliers. You bear the entire risk of the completeness, accuracy and/or usefulness of UGC found on Movga Services.
- 3. Entitlements
- "Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or off-line elements or features of Movga Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.
- 4. Use and Expiration of Content and Entitlements/General License Restrictions
- Movga grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Movga Services accessed by you. Content and Entitlements and all other intellectual property rights in or on Movga Services as well as the products and services offered through Movga Services, are owned by Movga or Movga 's third party licensors and is protected by International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from a Movga Service unless you are expressly authorized to do so. In addition, unless expressly authorized by Movga, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Movga Services you are using. Movga reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of Movga and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on Movga Services may result in the termination of your Account(s), prohibition on use of Movga Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Movga from any unauthorized or illegal conduct by you, or through the use of your Account, on Movga Services.
- 5. Content and Entitlement Availability
- Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from Movga or an authorized retailer. Movga reserves the right to refuse your request(s) to acquire Entitlements, and Movga reserves the right to limit or block any request to acquire Entitlements for any reason. We do not guarantee that any Content or Entitlement will be available at all times, in all countries and/or geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.
- 6. Contributing Third Party Content to Movga Services
- Movga does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to Movga Services. You are solely responsible for your UGC and may be held liable for UGC that you post. Movga respects the intellectual property rights of others. You must have the legal right to upload UGC to Movga Services. You may not upload or post any UGC on Movga Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. Movga may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Movga 's or a third party's intellectual property or other rights, Movga may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account. Movga reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when Movga determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in Movga 's sole and final discretion. To the maximum extent permitted by applicable law, Movga does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.
- 7. UGC License Grant to Movga and Others
- When you contribute UGC to a Movga Service, you expressly grant to Movga and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Movga and its licensors all licenses, consents and clearances to enable Movga and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC. If the Movga Service on which you contribute UGC permits other users to access and use that UGC as part of the Movga Service, then you also grant all other users of the relevant Movga Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Movga Service without further notice, attribution or compensation to you.
- 8. Paid Services
Some Movga Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
- Payment Options. You may pay fees using the methods available for the particular Movga Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Movga Service. When you provide credit card or other payment information to Movga, you represent to Movga that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit Movga to automatically renew your subscription to a Movga Service by charging a valid credit card number that you have provided to Movga. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than Movga's then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Movga if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Movga customer service. If you fail to provide Movga any of the foregoing information, you agree that Movga may continue charging you for any subscription automatically renewed unless you cancel your subscription at least thirty (30) days prior to the expiration of the subscription. Movga reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to Movga. Customers who use a payment method other than credit card may incur an additional payment processing fee, and may not be able to automatically renew subscriptions. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
- Trial Subscriptions. For some Movga Services, Movga may offer a free trial subscription. If you accept a free trial subscription, Movga will begin to bill your Account for that Movga Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Movga Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
- Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Movga. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
- 9. Termination of Movga Services
- Movga may terminate access to any online or mobile products and/or Movga Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Movga Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Movga’s discretion) provided to you via email or is posted on the applicable product or Movga Service. Movga may also terminate access to Movga Services for violation of this Terms of Service, if Movga (in its sole discretion) deems that your use of Movga Services renders Movga Services less safe for others and/or minors or for illegal or improper use of Movga Services, Content, Entitlement, products, or Movga's Intellectual Property as determined by Movga in its sole discretion. You may lose your user name and persona as a result of termination. If use more than one account for insulting or similar purpose in game, Movga may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to Movga Services accessed by you, Movga may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Movga Services or certain Movga Services. You acknowledge that in such an instance Movga is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Movga Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If Movga terminates your Account, you may not participate in a Movga Service again without Movga's express permission. Movga reserves the right to refuse to keep Accounts for, and provide Movga Services to, any individual. You may not allow individuals whose Accounts have been terminated by Movga to use your Account. If your Account, or a particular subscription for a Movga Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all Movga Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular Movga Service. If you believe that any action has been taken against your Account or device in error, please contact our customer support team.
- 10. Cancellation of your Account
- You have the right to cancel your Account or a particular subscription to a Movga Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Movga Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Movga, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Movga's enforcement or application of this Terms of Service; (2) the Content and Entitlements available through Movga Services or any change in Content or Entitlements provided through Movga Services; (3) your ability to access and/or use Movga Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Movga Services and/or any Content or Entitlements thereon. Contact Movga's customer service to cancel your Account. Movga reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a Movga Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Movga Services must be settled before you establish a new Account.
- 11. Rules of Conduct
You may violate the Terms of Service if, as determined by Movga in its sole discretion, you:
-Post, transmit, promote, or distribute Content that is illegal.
-Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
-Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.
-Use abusive, offensive, or defamatory screen names and/or personas.
-Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of Movga Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within a Movga Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
-Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
-Impersonate another person (including celebrities), indicate falsely that you are a Movga employee or a representative of Movga, or attempt to mislead users by indicating that you represent Movga or any of Movga's partners or affiliates.
-Attempt to get a password, account information, or other private information from anyone else on Movga Services.
-Upload any software or Content that you do not own or have permission to freely distribute.
-Violate any additional Rules of Conduct applicable to a specific Movga Service that you are using.
-Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.
-Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Movga Services.
-Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
-Improperly use in-game support or complaint buttons or make false reports to Movga staff.
-Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
-Use any game hacking/altering/cheating software or tools.
-Modify or attempt to modify any file or any other part of the Movga Service that Movga does not specifically authorize you to modify.
-Post or communicate any person's real-world personal information using a Movga Service.
-Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Movga Service.
-Use and communicate exploits and/or cheats.
-Attempt to use Movga Software on or through any service that is not controlled or authorized by Movga. Any such use is at your own risk and may subject you to additional or different terms. Movga takes no responsibility for your use of Movga Software on or through any service that is not controlled by Movga.
-Interfere with the ability of others to enjoy playing a Movga Service or take actions that interfere with or materially increase the cost to provide a Movga Service for the enjoyment of all its users.
-Unless expressly authorized by Movga, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Movga Services, Content or Entitlements, including by use of auction websites.
-You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
-Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.
-Abuse or exploit bugs, undocumented features, design errors or problems in the game.
-“Role–playing” is not an excuse for violating this or any other policy.
Specific Movga Services may also post additional rules that apply to your conduct on those services. You must also obey all local laws, regulations and rules that apply to your activities when you use Movga Services. Movga reserves the right to terminate your Account and to prevent your use of any and all Movga Services if your Account is used to engage in illegal activity or to violate this Terms of Service. Unless otherwise specified, there is no requirement or expectation that Movga will monitor or record any online activity on Movga Services, including communications. However, Movga reserves the right to access and/or record any online activity on Movga Services and you give Movga your express consent to access and record your activities. Movga reserves the right to remove any content from any Movga Service at Movga's sole discretion. Movga has no liability for your or any third party's violation of this Agreement. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Movga using the "Help" or "Report Abuse" functions in the relevant Movga Service, if available, or contact our customer support team.
- 12. Services Not Controlled By Movga
- Some products may give you the option of using Movga Software on or through a service that is not controlled by Movga. For example, you may be given the option to play Movga Software online on servers not owned or controlled by Movga. Movga takes no responsibility for your use of Movga Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Movga controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
- 13. Software, Utilities and Tools
- Movga Services may require or allow you to download software, software updates or patches, or other utilities and tools from Movga or its licensors onto your computer, entertainment system or device ("Movga Software"). Movga grants to you a non-exclusive, limited license to use Movga Software solely for the purpose stated by Movga at the time the Movga Software is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the Movga Software, your use of the Movga Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Movga Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Movga Software. You may not modify Movga Software or use it in any way not expressly authorized in writing by Movga. You understand that Movga's introduction of various technologies may not be consistent across all platforms and that the performance of Movga Software and related Movga Services may vary depending on your computer and other equipment. From time to time, Movga may provide you with updates or modifications to Movga Software. You understand that certain updates and modifications may be required in order to continue use the Movga Software and Movga Services.
- 14.Export Control Laws
- Movga Software may be subject to export controls. By downloading Movga Software from Movga, you warrant that you are not located in any country, or exporting Movga Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Movga Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Movga Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
- 15. Updates to Movga Services
- Important: Movga may find it necessary to update, or reset certain parameters to balance game play and usage of Movga services. These updates or "resets" may cause you setbacks within the relevant game world and may affect characters, games, groups or other entitlements under your control. Movga reserves the right to make these updates and is not liable to you for these changes
- 16. Limitations on Warranty and Liability
- To the maximum extent permitted by applicable law, you expressly agree that the use of Movga services, Movga software, and the internet is at your sole risk. Movga services, Movga software, Movga products and third-party services and products are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. No warranty is given about the quality, functionality, availability or performance of Movga software or Movga services. Movga does not assume liability for inability to obtain or use any content, entitlements, goods or services. Movga provides Movga services on a commercially reasonable basis and does not guarantee that you will be able to access or use Movga services at times or locations of your choosing, or that Movga will have adequate capacity for Movga services as a whole or in any specific geographic area. To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with Movga or its licensors arising out of or relating to Movga services and/or Movga products is to stop using Movga services, and to cancel your account. You acknowledge and agree that Movga, its licensors, licensees and affiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on Movga services or use of Movga software. In no case shall Movga's or its licensors', licensees', affiliates', employees', officers', or directors' (collectively, "Movga affiliates") liability to you exceed the amount that you paid to Movga for Movga services. In no case shall Movga, its licensors or Movga affiliates be liable for incidental or consequential damages arising from your use of Movga services, Movga software, the internet or for any other claim related in any way to your use of Movga services or accounts. While Movga uses commercially reasonable means to protect your personal information, Movga and its licensors assume no liability for loss of data, damage caused to your software or hardware, and any other loss or damage suffered by you or any third party, whether direct, indirect, incidental, special, or consequential and however arising, as a result of accessing or using any Movga service, content, Movga software to your computer and/or device. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in r jurisdictions, Movga's, Movga's licensors' and Movga affiliates' liability shall be limited to the full extent permitted by law. Movga does not endorse, warrant or guarantee any third party product or service offered through Movga and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
- 17. Indemnification
- Upon Movga's and/or its licensors' request, you agree to defend, indemnify and hold harmless Movga, its licensors and Movga Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Movga Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Movga and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Movga Services and for all of your communication and activity on Movga Services, including any Content you contribute, and that you will indemnify and hold harmless Movga, Movga's licensors and Movga Affiliates from any liability or damages arising from your conduct on Movga Services, including any Content that you contribute. Movga and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Movga and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.
- 18. Links to Third-Party Sites
- Movga Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Movga does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
- 19. General Terms
- Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Movga, and the remaining portions shall remain in full force and effect.
- Waiver. The failure of Movga to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in writing signed by Movga.
- Governing Law. The laws of the People’s Republic of China, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with Movga, arising out of or relating in any way to your Account(s) or your use of Movga Services resides in the people’s courts within the jurisdiction of the People’s Republic of China, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below including any claim involving Movga or Movga Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, national and international laws.
- 20. Dispute Resolution By Binding Arbitration
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer support team. In the unlikely event that Movga cannot resolve a concern to your satisfaction (or if Movga cannot resolve a concern it has with you after attempting to do so informally), then you and Movga agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law. By accepting these terms, you and Movga expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us (“Disputes”), including without limitation:
-claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
-claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
-claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
-claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following: a claim to enforce or protect, or concerning the validity of, any of your or Movga’s (or any of Movga’s licensors’) intellectual property rights; a claim related to, or arising from, allegations of theft, piracy, or unauthorized use; In addition, nothing in this Section shall prevent either party from initiating a small claims court action. References to "Movga," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision shall survive termination of these Terms of Service.
- Informal Negotiations/Notice of Dispute. You and Movga agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Movga will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: legal@Movga.com.
- Binding Arbitration. If you and Movga are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Movga may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND Movga ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the CIETAC Arbitration Rules (CIETAC Rules), which are available at the CIETAC website www.cietac.org.cn. The CIETAC Rules shall govern your arbitration fees and your share of arbitrator compensation. If such costs are determined by the arbitrator to be excessive, or if you send Movga a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate arbitration, then Movga will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Movga may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Restrictions. You and Movga agree that any arbitration shall be limited to the Dispute between Movga and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND Movga AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Movga agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if Movga makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
- 21. Entire Agreement
- 22. Supplemental Terms
Additional Terms and Conditions for Specific Movga Services Certain Movga Services may require you to read and agree to terms and conditions that are specific to that Movga Service. Your right to use that Movga Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Movga will be the final and sole arbiter of any such inconsistencies.
Beta Tests In its sole discretion, Movga may contact you to review and evaluate one or more games, aspects of games, or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to Movga (and to Movga only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the game(s) or site feature(s). This process is known as a "Beta Test." You must sign and return to Movga a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions. In connection with the Beta Test, Movga may provide you, on a temporary basis, a pre-release copy of a game or access to a feature on the Movga site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Movga. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement. You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Movga, and Movga is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta games confidential will continue until Movga publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the games and the content that you are testing. Upon request, you agree to immediately return to Movga all copies of the pre-release copy and confidential or proprietary information Movga provided to you. As a Tester, you are invited to play beta games for the sole purpose of evaluating the games and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta games or content that you find here. The beta games are provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied. When playing some beta games, you may accumulate treasure, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data will be erased and each player will return to novice status. By selecting a "Play" button to start a beta game, you agree that: (i) playing beta games is at your own risk and you know that the games may include known or unknown bugs, (ii) any value or status indicators that you achieve through game play may be erased at any time, (iii) Movga has no obligation to make these games available for play without charge for any period of time, nor to make them available at all, (iv) these games may be available only by subscription once the Beta Test process is complete or at any time in the future; (v) Movga's Terms of Service apply to your use of the games during the testing phase, and (vi) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person. Beta Test accounts are non-transferable under any circumstances.