Terms and Conditions of Use
- MOVITA Accounts.
If you are required to register or provide information for any product or service offered on or through any MOVITA Website (each an “MOVITA Website/Service”), you agree to provide current, complete and accurate information on the applicable registration form. You are responsible for keeping your password and account confidential, and for any activities and orders placed through your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MOVITA or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the express permission of the account holder. In addition, we reserve the right, at any time and in our sole discretion, and without any notice or liability to you or anyone else, to terminate your account and password, refuse to permit you to access the MOVITA Website/Services, and/or remove or modify any posts or materials you submitted. You agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the MOVITA Website/Services or your user account.
- Proprietary Rights.
As between you and us, we own all rights in the Website and its content, including copyrights, trademarks patent rights, database rights, moral rights, and other intellectual property and proprietary rights, or have the legal right and license to use such content and materials. Your use of the Website does not grant to you ownership of any content or materials you may access on or through the Website.
- Prohibited Uses.
Any commercial or promotional distribution, publishing or exploitation of the Website, or any content or material on the Website is prohibited unless you have obtained prior written permission from MOVITA or other owner of the applicable rights. You may not download, post, publish, distribute, or transmit any content or materials on the Website. You further agree that you will not change or delete any content or other materials on the Website, including, without limitation, any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Website. If you make other use of the Website, or the content or materials on or available through the Website, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
- User Information.
- Prohibited User Conduct.
You agree that, while using the Website and features offered through the Website, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) attempt to gain unauthorized access to other computer systems through the Website; or (c) use the Website in violation of our or any third party’s intellectual property, privacy or other legal rights, or in violation of any applicable law.
- Must Be 18 Years Old Or Older.
You must be 18 years old or older to use this Website. You agree to pay for any purchases you make either by credit/debit card concurrent with your online order. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products or services offered through the Website may be subject to additional terms and conditions presented to you at the time of such purchase. You agree to comply with all those terms and conditions as well.
- Third Party Websites.
You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”). You acknowledge that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Any dealings with third parties (including without limitation producers, promoters, artists, ticketing companies, hotels, travel companies, advertisers, mobile application providers, etc.) included within the MOVITA Websites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable third party. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the products services.
- Copyright Agent for Digital Millennium Copyright Act (DMCA) Notices.
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated below, with the following information, required under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(2):
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located (if online);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent is:
Pamela Robertson, Esq.
Squire Patton Boggs (US) LLP
30 Rockefeller Plaza, 23rd Floor
New York, New York 10112
- DISCLAIMER OF WARRANTIES.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION, GOODS, OR SERVICES PROVIDED OR OFFERED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING, INCLUDING THE CORRECTIONS OF ANY TYPOS OR ERRORS IN PRICES.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES DESCRIPTIONS OR OTHERWISE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY US “AS IS”.
WE DO NOT MAKE ANY REPRESENTATIONS ABOUT WHETHER ANY TRAVEL OR OTHER SERVICES WILL BE SUITABLE FOR YOU OR ANYONE ELSE IN YOUR TRAVEL PARTY. ALL TRAVEL SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTIES. WHILE WE ELIEVE THEIR INFORMATION AND DESCRIPTIONS TO BE ACCURATE, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY TRAVEL INFORMATION ON THIS WEBSITE. YOU RELEASE US FROM ANY CLAIMS OR LIBABILITY IN RELATION TO ANY TRAVEL PRODUCTS OR SERVICES DESCRIBED ON OR OFFERED THROUGH THIS WEBSITE.
- LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.
- You agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- We may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
- These Terms and Conditions, and the relationship between you and us, shall be governed by the laws of New York, without regard to its conflict of laws polices. You agree that any cause of action that may arise under these Terms and Conditions shall be filed in state or federal court in the New York County, New York, and you agree to submit to the personal and exclusive jurisdiction of such courts for this purpose. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
These MOVITA Terms and Conditions were revised 11/16/2021.