Acceptance of the Terms of Use
These terms of use are entered into by and between You and Moov Inc.,
(herein referred to as the “ Company ”, “ we ”, or “ us ”). The
following terms and conditions, together with any documents they
expressly incorporate by reference (these “ Terms of Use ”), govern
your access to and use of any content, functionality, and services
offered on or through www.moov.com, software, apps, or plug-ins,
(collectively referred to as, the “ Website ”), and all other
products, services, content or application that link to these Terms of
Use (together with the Website, the “Services ”).
Please read the Terms of Use carefully before you start to use the
Website. By using the Website, you accept and agree to be bound and
abide by these Terms of Use and our Privacy Policy. If you do not want
to agree to these Terms of Use or the Privacy Policy, you must not
access or use the Website.
The Website and Services are offered and available to users who are 13
years of age or older (or at least 16 years old if you are a resident
of the European Union or United Kingdom). By using the Services, you
represent and warrant that you are of legal age to form a binding
contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must
not access or use the Website and Services. You are solely responsible
for ensuring that your use of the Website and Services comply with all
applicable law.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our
sole discretion. All changes are effective immediately when we post
them, and apply to all access to and use of the Website thereafter.
However, any changes to the dispute resolution provisions set out in
Governing Law and Jurisdiction will not apply to any disputes for
which the parties have actual notice before the date the change is
posted on the Website.
Your continued use of the Website following the posting of revised
Terms of Use means that you accept and agree to the changes. You are
expected to check this page each time you access this Website so you
are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website and the Services through your internet connection are aware of these Terms of Use and comply with them.
- To access the Website or the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or the Services that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
- If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website, the Services and entire contents, features, and
functionality (including but not limited to all information, software,
text, displays, images, video, and audio, and the design, selection,
and arrangement thereof) are owned by the Company, its licensors, its
contributors or other providers of such material and are protected by
the Nigerian Copyright Law and international copyright, trademark,
patent, trade secret, and other intellectual property or proprietary
rights laws.
You will respect the intellectual property rights of the Company and
third parties at all times. You agree not to have any rights or
interest in any of our intellectual property rights, not have right to
use, except to the extent permitted under these Terms of Use. The
rights and obligations assumed under this Terms of Use will not be
construed as an assignment or license, in whole or in part, of any
intellectual property rights over the Website or any of the Services,
unless it is expressly provided otherwise.
These Terms of Use permit You to use the Website and the Services for
your personal, non-commercial use only. Except for content that is in
the public domain or the content that you have permission to use in
connection with Your use of Services, You must not reproduce,
distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store, or transmit any of the
material on our Website, or otherwise use or exploit any content for
commercial use or in any way that violates any third party right.
You must not:
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Create derivative works based on any materials from this site or reverse engineer any materials from this site.
- Use any data mining, or similar data gathering and extraction methods in connection with any materials from the site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or the content in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
We may use certain applications or software to access our Services. Any third party code that may be incorporated in such applications or software is covered by the applicable open source or third party license that is subject to terms that as a condition of use, copying, modification or redistribution, require such software and derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works or to be redistributed free of charge. You acknowledge that any applicable open source software license is solely between You and the applicable licensor or of the open source software. For the animation that is publicly and freely available, you agree to the Moov Simple License. To the extent any such license requires terms with respect to such open source software that are inconsistent with this Term of Use, then such rights in the applicable open source software license shall take precedence over the rights granted in this Terms of Use, but solely this with respect to such open source software or any third party license. You agree not to use any open source software in such a way that would cause any portion of the material to be subject to any open source software licensing terms or obligations or any third party licensing.
Trademarks
The Company name, the terms Moov, Design Zuri Team, the Company logo, and all related names, logos, product and service names, designs, and slogans, now or in the future used by the Company are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, custom graphics, button icons and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or any content:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Nigeria or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these
Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website or any content in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages
or profiles, forums, bulletin boards, and other interactive features
(collectively, “ Interactive Services”) that allow users to post,
submit, publish, display, or transmit to other users or other persons
(hereinafter,“ post”) image, footage, text, audio or any other content
or materials (collectively, “User Contributions”) on or through the
Website.
All User Contributions must comply with the Content Standards set out
in these Terms of Use. Any User Contribution You post to the Website
will be considered non-confidential and non-proprietary. By providing
any User Contribution on the Website, You grant us and our affiliates
and service providers, and each of their and our respective licensees,
successors, and assigns the right to use, reproduce, modify, perform,
display, distribute, and otherwise disclose to third parties any such
material for any purpose/according to your account settings. Such
license will continue until you remove the User Contribution from the
Website, in which case such license shall terminate within six months
after Your removal of the User Contribution from the Website.
Notwithstanding the foregoing, the Company will have the right to
archive and preserve User Contribution for disputes, legal proceedings
or investigations, indefinitely.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- The Company will not need to obtain licenses from any third party or pay royalties to any third party with respect to the User Contributions.
- User Contributions does not infringe any third party’s rights, including but not limited to intellectual property rights and privacy rights.
- All of your User Contributions do and will comply with these Terms of Use.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Sharing
Our Website may provide features that allow you to share your User Contributions with other users or to make it public via email, post, transmit, upload or other means and other users may use, copy, modify or re-share your User Contribution in many ways. We do not control what other users do with your User Contribution. You are responsible for determining the limitations that are placed on your User Contribution and for applying the appropriate level of access to your User Contribution and sharing of your User Contribution and advising the other users of the same.
Account Information
You are responsible for all activities that occur through your account. You may not share your account information or use another person’s account. Please notify us immediately, if you become aware of any unauthorized use of your account. Your account administrator may use your account information to manage your use and access of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason at your sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
- Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information and the content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All the purchases through our Website or other transactions for the
sale of certain Services or subscription or information formed through
the Website or resulting from visits made by you are governed by our
[Terms & Conditions for Sale], which are hereby incorporated into
these Terms of Use.
Additional terms and conditions may also apply to specific portions,
services, or features of the Website. All such additional terms and
conditions are hereby incorporated by this reference into these Terms
of Use.
In case of discrepancies, the Terms & Conditions for Sale or
additional terms and conditions, as applicable, shall prevail over
these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair
and legal and does not damage our reputation or take advantage of it,
but you must not establish a link in such a way as to suggest any form
of association, approval, or endorsement on our part without our
express written consent.
This Website may provide certain social media features that enable you
to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
- The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in Nigeria. We make no claims that the Website or any of its content is accessible or appropriate outside of Nigeria. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Nigeria, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that
files available for downloading from the internet or the Website will
be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to our site for
any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK,
VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT
YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY
MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. TO THE
FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS
OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any
dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by
and construed in accordance with the Nigeria Copyright Laws without
giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to,
these Terms of Use or the Website shall be instituted exclusively in
the federal courts of Nigeria, although we retain the right to bring
any suit, action, or proceeding against you for breach of these Terms
of Use in your country of residence or any other relevant country. You
waive any and all objections to the exercise of jurisdiction over you
by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Arbitration and Conciliation Act of the Federal Republic of Nigeria. The language of the arbitration shall be English and the place of arbitration shall be in Lagos, Nigeria. Each party shall bear its own costs in the arbitration.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these
Terms of Use shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition, and any
failure of the Company to assert a right or provision under these
Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of
the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Terms & Conditions for Sale, our Privacy Policy, and Copyright Policy constitute the sole and entire agreement between you and Moov Inc., regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Design Zuri Team Inc. 48, Ademola
Adetokunbo, Victoria Island, Lagos.
All notices of copyright infringement claims should be sent to the
copyright agent designated in our Copyright Policy in the manner and
by the means set out therein.
All other feedback, comments, requests for technical support, and
other communications relating to the Website should be directed to:
email@moov.com.