The Movylo Service
Welcome to www.movylo.com the innovative platform for the creation, management and publication of your mobile store. Movylo allows you to create and run your mobile store and sell your products directly via mobile (hereinafter the “Movylo Service”).
The Movylo Service is provided by Movylo, Inc, a US company located at 14 Robinson Park, 01890 Winchester, Ma (USA) (hereinafter “Movylo”)
In order to activate and account and start selling with Movylo YOU MUST BE MAJOR OF AGE. If you are accessing and registering to the Movylo Service on behalf of a business YOU MUST HAVE THE AUTORITHY TO BIND THAT BUSINESS.
By clicking on the “I agree” button at the end of the registration process, you agree to be bound by these General Terms and Conditions of Use of the Movylo Service.
General Terms and Conditions of Use of the Movylo Service.
1. The Movylo Service
1.1 By accepting these General Terms and Conditions of Use of the Movylo Service and fulfilling all the relevant steps of the registration procedure Movylo will provide the User to the Movylo Service (hereinafter the “User”) with the Movylo Service better described under the page FAQ.
1.2 Upon completion of the registration process the User will have access to the User’s own area on the Movylo platform (the “Administration Area”) where the User will find all instruments and tools to organize, manage and publish User’s own mobile site
1.3 Movylo reserves the right, at Movylo’s own discretion, to change, modify, add, or remove portions of these General Terms and Conditions of Use at any time by posting the amended version of these General Terms and Conditions of Use under the same web page. The User’s continued use of the Movylo Service after the expiry of the 30-day term above shall constitute the User’s binding acceptance of any such Amended Terms.
2. Registration, Passwords
2.1 Upon completion of the registration process and in order to access the Administration Area, the User will type user name and password specified at the time of registration. User name e password are personal and can not be used from two or more locations at the same time and the User will not be entitled to transfer or assign them to any third party whatsoever. The User shall be liable vis-a-vis Movylo and any third parties for any and all actions, transactions and/or facts occurred and/or executed under the User’s ID and APP. Therefore the User shall preserve the confidentiality and secrecy of the User’s ID and APP and shall inform Movylo forthwith of any unauthorized use or loss of them.
2.2 Without limiting anything in these General Terms and Conditions of Use, Movylo will not be responsible or liable, directly or indirectly, in any way and under any theory of liability WHATSOEVER for any loss or damage of any kind whatsoever occurred as a result of, or in connection with, the User’s failure to comply with this Section 2.
2.3 Movylo in its own discretion shall be free to prevent the User’s access to the User’s own Administration Area and/or disconnect the operativity of the User’s ID and APP without notice, should Movylo deem that a substantial breach of these General Terms and Condition of Use and namely of this section 2 be in place, or should the User make an illegal or unfair use of the Movylo Service.
3. Administration Area
3.1 By accessing the User’s Administration Area the User shall be free to create and manage his/her own mobile store.
3.2 Once submitted to Movylo and/or uploaded onto the Administration Area the User Content shall not be assigned, sold, transferred to any third party whatsoever unless through the Movylo Service.
3.3 The User shall retain all the User’s intellectual property rights in and to the User Content. However, by submitting the User Content to Movylo and uploading the User Content onto the Administration Area, the User hereby undertakes, acknowledges and agrees to grant each user of the Movylo Service a non-exclusive license to access the User Content through the Movylo Service.
3.4 The User shall be solely responsible for all of the User Content and shall bear all liabilities connected to the posting or publishing it onto the Administration Area and the User hereby acknowledges and represents that the Movylo Service are merely providing the User the means to produce and sell the User Content via a mobile storefront. As a result, the User hereby affirms, represents and warrants that:
3.4.(i) the User is the original legitimate author and/or creator and/or owner of or has previously obtained any and all the necessary licenses, rights, consents, approvals and/or permissions to use, license and authorize Movylo and Movylo’s users to use and distribute the User Content as necessary to exercise the rights and licenses granted by the User in pursuance to these General Terms and Conditions to Use and in the manner herein contemplated by Movylo;
3.4.(ii) The User Content does not and will not at any time: (a) infringe, violate, or misappropriate any third-party rights, including without limitation any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other rights of any person or entity whatsoever; and
3.4.(iii) The User Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Movylo Service.
3.5 THE USER HEREBY REPRESENTS AND WARRANTS WITH AND TO Movylo THAT THE USER SHALL NOT NOR SHALL THE USER LET AND/OR ENABLE ANY THIRD PARTY TO:
(i) UPLOAD TO OR CREATE ON THE ADMINISTRATION AREA ANY USER CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(ii) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE MOVYLO OR ANY THIRD PARTY;
(iii)POST, UPLOAD TO, OR CREATE ANY USER CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO ANY KIND OF LIABILITY WHATSOEVER, VIOLATE ANY LAW, OR, IN MOVYLO. SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(iv)POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(v)IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE MOVYLO SERVICES ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE MOVYLO SERVICES, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(vi) USE THE MOVYLO SERVICES FOR ANY PURPOSE OTHER THAN TO ACCESS THE MOVYLO SERVICES AS SUCH SERVICES ARE OFFERED BY MOVYLO;
(vii) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE MOVYLO SERVICES OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OF ANOTHER USER’S CONTENT;
(viii) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE OR OTHERWISE TRANSFER THE LICENSES GRANTED HEREIN;
(ix) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE MOVYLO SERVICES OR ANY THIRD PARTY CONTENT;
(x) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE MOVYLO SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(xi) USE THE MOVYLO SERVICES FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(xii) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE MOVYLO SERVICES, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY CONTENT, OR OTHER CONTENT ON THE MOVYLO SERVICES FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, SUCH MATERIALS, THIRD PARTY CONTENT AND OTHER CONTENT AVAILABLE ON THE MOVYLO SERVICES IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(xiii) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE MOVYLO SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(xiv) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE MOVYLO SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(xv) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE MOVYLO SERVICES OR ANY USER’S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(xvi) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN MOVYLO’S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON MOVYLO’S INFRASTRUCTURE;
(xvii) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE MOVYLO SERVICES OR ANY ACTIVITIES CONDUCTED ON THE MOVYLO SERVICES;
(xviii) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES MOVYLO MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE MOVYLO SERVICES;
(xix) UPLOAD OR POST ANY USER CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY MOVYLO SHOP.
3.6 Movylo does not guarantee any confidentiality with respect to any User Content the User uploads onto or creates on the Movylo Service.
4.1 Movylo’s right to suspend or terminate. The User hereby agrees that Movylo, in its sole discretion and without penalty, may suspend or terminate any account (or any part thereof) the User may have with Movylo or the User’s use of the Movylo Service and remove and discard all or any part of the User’s Administration Area, and any User Content, at any time. Movylo may also in its sole discretion and at any time discontinue providing access to the Movylo Service, or any part thereof, with or without notice. The User agrees that any termination or suspension of the User’s access to the Movylo Service or any account that the User may have – or portion thereof – may be carried out by Movylo without prior notice, and that Movylo will not be liable vis-a-vis the User or any third party for any such termination and/or suspension. Furthermore, Movylo reserves the right to refer any suspected fraudulent, abusive or illegal activity to appropriate law enforcement authorities. These remedies are in addition to any other remedies Movylo may have at law.
4.2 User’s termination. The User’s only remedy with respect to any dissatisfaction with (i) the Movylo Service, (ii) any term of this General Terms and Conditions of Use, (iii) any policy or practice of Movylo in operating the Movylo Service, or (iv) any content or information transmitted through the Movylo Service, is to terminate this General Terms and Conditions of Use and cancel the User’s account through the specific tools in the Administration Area. The User may terminate this General Terms and Conditions of Use at any time by discontinuing use of any and all parts of the Movylo Service and providing Movylo a 10-day advance written notice at the Movylo postal or email address [Movylo, Inc, a US company located at 14 Robinson Park, 01890 Winchester, Ma (USA) – E-mail address: recess@Movylo.com ]
The subscriber of a premium account has no more than fifteen (15) days to back off from “the Movylo Service” getting the full refund of the amount paid. The contents and the mobile site will be delete as soon as possible upon reception of User’s written notice form.
4.3 Survival. Upon termination of these General Terms and Conditions of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, clauses 3.4, 3.5, 7.1 and sections 5,6 and 11.
5.1 THE MOVYLO SERVICES AND/OR CONTENT AND/OR MATERIALS ON THE MOVYLO SERVICES, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES WHATSOEVER.
5.2MOVYLO , ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER TO THE USER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE MOVYLO SERVICES AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
5.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO THE MOVYLO SERVICES AND/OR CONTENT AND/OR MATERIALS ON THE MOVYLO SERVICES MOVYLO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY:
(i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE MOVYLO SERVICES, OR ANY PART THEREOF;
(iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE MOVYLO SERVICES;
(v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE MOVYLO SERVICES; AND
(vi) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF MOVYLO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.
5.4 FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, MOVYLO MAKES NO WARRANTY THAT THE MOVYLO SERVICES WILL MEET THE USER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE MOVYLO SERVICESS MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
5.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM MOVYLO OR THROUGH THE MOVYLO SERVICES WILL CREATE ANY WARRANTY. THE USER UNDERSTAND AND AGREE THAT THE USER’S USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF INFORMATION, MATERIALS, OR DATA THROUGH THE MOVYLO SERVICES OR ANY THIRD-PARTY SERVICES TAKE PLACE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S PROPERTY (INCLUDING THE USER’S COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
6. Limitation of Liability
6.1 IN NO EVENT SHALL MOVYLO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MOVYLO SERVICES BE LIABLE IN ANY MANNER AND UNDER ANY THEORY OF LIABILITY WHATSOEVER FOR ANY LOSSES AND/OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF:
(i) THE MOVYLO SERVICES;
(ii) THE USER’S ACCESS, USE OR INABILITY TO USE THE MOVYLO SERVICES;
(iii)ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA), BUSINESS INTERRUPTION, AND DAMAGES RESULTING FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE MOVYLO SERVICES;
(iv)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE MOVYLO SERVICES;
(v)ANY UNAUTHORIZED ACCESS TO OR USE OF MOVYLO’S SECURE .phpS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN;
(vi)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOVYLO SERVICES BY ANY THIRD PARTY.
6.2 IN NO EVENT SHALL MOVYLO’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO THE USER FOR ANY AND ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS OF USE OR THE USER’S USE OF THE MOVYLO SERVICES OR THE USER’S INTERACTION WITH OTHER MOVYLO SERVICES USERS, EXCEED THE TOTAL AMOUNTS PAID BY THE USER, IF ANY, TO MOVYLO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
6.3 THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY THE USER BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN MOVYLO AND RECEIVED THROUGH OR ADVERTISED ON THE MOVYLO SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
7.1 The User agrees to indemnify, defend and hold harmless Movylo, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assignees, from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
(i) any claim due to or arising out of the User’s violation of these General Terms and Conditions of Use, including but not limited to a claim arising out of a breach of the User’s representations or warranties made hereunder;
(ii) the User’s use or misuse of or access to the Movylo Service;
(iii)the User’s violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; OR
(iv)any claim that the User or the User Content caused damage to a third party.
7.2 Movylo reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User are required to indemnify Movylo, and the User agrees to cooperate with Movylo’s defense of these claims.
8. Assignment These General Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by the User, but may be assigned by Movylo without restriction.
9. Waiver and Severability
The failure to require performance of any provision shall not affect Movylo’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these General Terms and Conditions of Use or any Additional Policies constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these General Terms and Conditions of Use and/or the Additional Policies is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these General Terms and Conditions of Use and/or Additional Policies shall remain in full force and effect.
Movylo may provide the User with notices, including those regarding changes to these General Terms and Conditions of Use or any Additional Policies, by email, regular mail or postings on the Administration Area. Notice posted on the Movylo Service is deemed given 30 days following the initial posting.
11. Choice of Law and Forum
These General Terms and Conditions of Use shall be governed and construed in accordance with the laws of the USA. Any dispute arising out of or relating to the validity, interpretation, application, performance and/or termination of these General Terms and Conditions of Use or the User access or use of the Movylo Service shall be subject to the exclusive jurisdiction of 14 Robinson Park, 01890 Winchester, Ma (USA).
The heading references herein are for convenience purposes only, do not constitute a part of these General Terms and Conditions of Use, and will not be deemed to limit or affect any of the provisions hereof.
13. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these General Terms and Conditions.