Terms and Use

Last updated on Jan 01, 2017

 

Moving Sole, LLC (hereafter, referred as “Moving Sole”) operates the website, http://www.movingsole.com, (hereafter, referred as “Webstore”). You, as the user of the Webstore, agree to be bound by all the terms and conditions below, as well as our Private Policy.  Please read these Terms of Use carefully.  When you use any current or future version of the Webstore or any other Moving Sole Webstore, you also will be subject to these Terms of Use. We may, modify the Terms of Use at any time. The “Last updated on <date>” will reflect the latest changes to the Terms of Use. Your continued use of the Webstore following any such modification constitutes your agreement to the modified Terms of Use. Please feel free to visit this page as often as you like to learn of any changes to these Terms of Use.

 

Acceptable Use

As a user of our Webstore, we want to ensure you have an enjoyable and safe user experience.  To that effect, we prohibit certain kinds of conduct that may be harmful to you or other users on the Webstore.  You agree not to submit (i) unlawful, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; (ii) post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (iii) send unsolicited or unauthorized advertising or commercial communications, such as spam; (iv) engage in harvesting, use of spyware, or phishing, which is designed to collect data from the Webstore or other users of the Webstore; (v) transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; (vi) stalk, harass, impersonate or harm another individual; (vii) try to decipher, decompile, reverse engineer the underlying code of the Webstore; (viii) or engage in activities to disrupt the normal services of the Webstore.

 

Trademarks

Moving Sole, LLC, Moving Sole LLC or Moving Sole is a registered trademark. All rights in such names are reserved. In addition, all rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Moving Sole or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Moving Sole or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Webstore confers on you any license or right under any trademark of Moving Sole or any third party.

 

Copyright

Except for your User Generated Content (see below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Webstore, and the selection, coordination, and arrangement of such content, are owned by Moving Sole or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Webstore for any purposes. Nothing stated or implied on the Webstore confers on you any license or right under any copyright of Moving Sole or any third party. Any use for commercial or promotional purposes requires written consent of Moving Sole or its lawful successors.

 

Notice of Copyright or Trademark Infringement

Moving Sole respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Webstore in a way that constitutes infringement, please provide Moving Sole with the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the allegedly infringing material on the Webstore that is requested to be removed; (iii) your name, address, and daytime telephone number, and an email address, so that Moving Sole may contact you if necessary; (iv) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), we have designated a copyright agent to receive copyright infringement notices. Moving Sole agent for notice of claims of copyright or trademark infringement on the Webstore is can be reached via copyright@movingsole.com.


Web Forums

As used in these Terms of Use, “ Web Forum” means an area, site, or feature (such as chat rooms, Moving Sole’s Blogs, or Moving Sole’s pages on social media sites, and e-mail or instant messaging features) offered as part of the Webstore that enables visitors to submit, display and/or view content and/or to communicate, share or exchange content with other Webstore visitors and members of the general public. Any submission may be routed through our servers, third party servers on our behalf, and the Internet (where it may be viewed by the general public), so you have no expectation of privacy for any submitted content. Since we cannot guarantee security of information on a Web Forum, your use is at YOUR OWN RISK.  WE ARE NOT RESPONSIBLE FOR THE ACCURRACY OF THE CONTENT THAT GETS POSTED IN THE WEB FORUM.

 

User Account Profile

When setting up your User Account Profile, Moving Sole will require you to provide a password, username, or other information such as your name and email address. You agree and represent that all of the information you provided is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, or assign or sub-license your user profile to any third party without our prior written approval. You are solely responsible for all your individual usage or activity on the Webstore including, but not limited to, use of the Webstore by any person who uses your user profile, with or without authorization. You are also responsible for protecting your password that is used for accessing your User Account or activities that take place under your account. You agree to notify Moving Sole of any breach of security on your account. Moving Sole will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

 

User Generated Content

The Webstore allows you to upload, submit, save, or receive content and data (hereafter, referred as “User Generated Content or UGC”) such as through Web Forums or contests or surveys.  The content you submitted is your ownership and you have intellectual property rights to that UGC.  In other words, you own your UGC.

When you upload, submit, save, or receive UGC via the Webstore, you give us or those we work with the permission to use your UGC as follows: (i) a license to use, host, store, reproduce, modify, or create derivative works (e.g., translations, adaptations, or other changes, etc.); and (ii) publicly make available, display, or distribute your UGC for the purpose of promoting and/or improving our Webstore, to promote Moving Sole, as well as for other purposes that Moving Sole may determine in its sole discretion.

The use of UGC is non-exclusive license; and therefore, you may use the UGC for your own purposes or let others use your UGC for their purposes.  This non-exclusive license is fully-paid and royalty-free; therefore, we do not owe you anything else in connection with our use of your UGC.  We may also exercise our rights under this license the use of UGC anywhere in the world.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Webstore. 

By submitting UGC, you irrevocably grant Moving Sole and its successors, assignees, and licensees, the right to use your name, likeness or image and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Webstore and hereby release Moving Sole from any liability with respect thereto.

We may refuse to accept or transmit UGC for any reason.  We may remove UGC from the Webstore for any reason. 

 

Eligibility

By using the Webstore, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older; and (iv) your use of the Webstore does not violate any applicable law or regulation. Your profile and account may be deleted and/or terminated without warning, if we believe (i) you are under the age of 13 years old; (ii) you are under the age of 18 years and you have falsely represented yourself as being 18 years or older; or (iii) you are over the age of 18 years old and represent yourself as being under the age of 18 years old.

 

Webstore Content and Ownership

The Webstore and any Moving Sole property is owned by Moving Sole and/or its assigned companies and protected by copyright and intellectual property rights law and international treaties. You may not use the Webstore or Webstore contents for any commercial purposes, nor use the Webstore to solicit users of Webstore for the purposes of gaining/storing their personal data. All of the content on the Webstore, including but not limited to photos, logos, videos, blogs, product descriptions is owned exclusively by Moving Sole and/or its assigned companies and/or licensees and protected by copyright laws and international conventions. You may not reproduce, distribute, modify, display all or portions of, create derivative works of the Webstore, unless you have express prior written permission of Moving Sole or its assignees.

 

Third Party Websites and Co-Branded Websites

The Webstore may engage in partnerships with others for the purposes of marketing or promoting products and/or services that may enhance the user experience of the Webstore. The Webstore, therefore, may contain hyperlinks (hereafter, referred as "Links") to websites operated by persons or entities other than Moving Sole (hereafter, referred as "Third-party Websites), and include affiliates (hereafter, referred as "Co-branded Websites"). A Link from Moving Sole to a Third-party Website or Co-Branded Website does not imply or mean that we endorse the content on that Third-party or Co-Branded Website. Nor, does the Link imply we endorse how the Third-Party Website or Co-Branded Website operates. Moving Sole is not responsible or liable for any loss or damage incurred as a result of any dealings with any Third-party Website or Co-branded Website, any person or entities of the Third-party Website or Co-branded Website, or any other person with whom you may engage in any transaction.

 

Risk of Loss

All products purchased from the Webstore are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Title to products purchased on the Webstore, as well as the risk of loss for such products, pass to you when Moving Sole delivers these items to the carrier.

 

Product Information and Availability

Moving Sole will attempt to be accurate in describing its products and quantity available. We do not warrant that product descriptions, other content, nor quantity product of the Webstore are complete, reliable, current, or error-free.  In some cases, products displayed for sale at the Webstore may not be available at the time of Order or may have changed during the process of completing an Order. Unless otherwise stated, the prices on the Webstore are quoted in U.S. Dollars (USD).

 

Colors

We make every effort to display as accurately as possible the colors of our products that appear at the Webstore. The actual colors you see will depend on your computer’s monitor, and hence, we cannot guarantee that what your monitor displays of any color will be an accurate match.

 

Disclaimer of Warranties and Limitations on Liability

THE USE OF THE WEBSTORE IS AT YOUR OWN RISK.  THE WEBSTORE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOVING SOLE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. 

IN PARTICULAR, MOVING SOLE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSTORE, OR THE CONTENT OF ANY WEBSTORES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEBSTORE.  MOVING SOLE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSTORE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (IV) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSTORE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKES WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSTORE BY ANY THIRD PARTY; OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEBSTORE.

Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages.   If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights.

 

Indemnification

You agree to indemnify and hold Moving Sole and its assignees, affiliates, officers, directors, agents, and employees, harmless from and any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Moving Sole arising out of or relating to your use, or anyone using your account’s use, of the Webstore, your violation of these Terms of Use, or your violation, or anyone using your account’s violation, of any rights of another.

 

Complaints 

If you deem any content appearing on the Webstore to be objectionable, please send email Moving Sole at compliance@movingsole.com. Moving Sole will make good faith efforts to investigate the allegations that any content violates these Terms of Use but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Content whatsoever.

 

Compliance with Applicable Laws

This Webstore is operated, in whole or part, from the United States. All users accessing the Webstore are governed by all applicable federal, state and local laws. All information that is available on the Webstore is subject to U.S. export control laws and may be subject to the laws of the country where you reside. The products on the Webstore are commercial in nature. Moving Sole does not make any representations regarding the legality of access or the use of the Webstore and information contained therein from the other countries. Users who access the Webstore from outside the United States do so at their own risk. By using the Webstore, you or anyone else, regardless of location, consent to having your personal data transferred to, process, and collected in the United States in compliance with the Private Policy.

 

Miscellaneous Provisions

Moving Sole may discontinue the Webstore at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Webstore at any time for any reason, without notice. We may discontinue or restrict your use of the Webstore at any time for any reason, without notice.

The failure of Moving Sole to enforce any provisions of these Terms of Use or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches. All rights not expressly granted to you in these Terms of Use are reserved to Moving Sole.