You are responsible for maintaining the confidentiality of any password you create for the Services. You will immediately notify Motions Research in writing if you determine, or have reason to believe, that an unauthorized party has gained access to your password. Use of the password, whether or not authorized by you, shall be your sole responsibility and risk.
Children and Minors.
Fees and Payments.
Independent Contractor Relationship.
License Grant to Motions Research.
You retain all of your ownership rights in the User Videos you submit. However, by submitting User Videos to the Website, you hereby grant Motions Research a perpetual, irrevocable, worldwide, nonexclusive, royalty-free, transferable and fully sublicensable license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your User Videos in connection with the provision of market research and analysis services to our Clients and other companies, organizations, or individuals who may partner with Motions Research or our Clients for purposes of conducting market research and analyzing consumer retail experiences. You agree that your only compensation for the license rights granted herein will be the fees paid to you in accordance with your invitation to participation in a project or as otherwise stated on the Website You agree that Motions Research and our Clients may also use your User Videos for training and demonstration purposes, including, but not limited to, allowing other users of the Services to access your User Videos for such purposes. You agree further that Motions Research and our Clients may contact you regarding the use of your User Videos for additional marketing and promotional purposes.
User’s Representations and Warranties.
You are solely responsible for your use of the Services and you use them at your own risk. Your use of the Services shall at all times be in compliance with all applicable local, state, national and international laws and regulations. By uploading, transmitting, distributing, storing, or otherwise publishing User Videos through the Services, you represent, warrant, and covenant that:
- You own and control, or otherwise have all necessary legal rights to distribute and reproduce, all of the User Videos that you post using the Services;
- Your User Videos do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Your User Videos are not confidential and do not contain the private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, and credit card numbers;
- Your User Videos are not unlawful, false, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- Your User Videos do not contain any viruses, adware, spyware, worms, spam, or other harmful or malicious code, and you and your User Videos will not impose an unreasonable or disproportionately large load on our infrastructure;
- You shall not harvest or collect information about users without their consent, or use any robot, spider, scraper, or other automated means to access our Services for any purpose;
- You shall not circumvent any technical measures we use to provide the services;
- you shall not commercialize any Research Motions application or tool, or any information or software associated with such application or tool;
- You have the full right, power, and authority to enter into and perform your obligations under this Agreement without the consent of any third party; and
- To the extent that your User Videos include video or audio recordings of you and/or your minor children, you consent to our inclusion of such User Videos on the Website.
Third-Party Content; Linking.
Any websites linked to the Website are not necessarily under the control of Motions Research, and Motions Research is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Motions Research reserves the right to terminate any link or linking program at any time. Motions Research has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and Motions Research shall not be responsible for notification of any change in name or location of any information on the Website.
Except as set forth in the limited license herein, or as required under applicable law, the Website is copyrighted and protected by federal and worldwide copyright laws and treaty provisions and other intellectual property laws. You shall not use, copy, distribute, republish, prepare derivative works based on, reproduce, duplicate, sell, resell, access, reverse engineer, modify or otherwise exploit, in whole or in part, either the User Videos or any other portion or feature of the Website, for any purpose without our prior written consent. In addition, you shall not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
Infringement Notices and Takedown.
Motions Research prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent who is:
Motions Research Limited Liability Company
26 Beatrice Street
Allendale, NJ 07401
To be effective, the notification must be in writing and contain the following information as required by 17 U.S.C. § 512(c)(3):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Motions Research to locate such material;
- Information reasonably sufficient to permit Motions Research to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Repeat Infringer Policy.
In accordance with the DMCA, Motions Research has adopted a policy that it will terminate, without notice, any user’s access to the Services if Motions Research determines that such user is a “repeat infringer.” A repeat infringer includes, without limitation, a user whom Motions Research knows has engaged in infringing activity more than twice or a user whose User Videos Motions Research has removed from the Website more than twice. Motions Research accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works.
Suspension and Termination of Users.
Disclaimer of Warranties.
The Services are Provided as is, as available. To the fullest extent permissible pursuant to applicable law, motions, research, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, officers, employees and agents disclaim all warranties of any kind, express or implied, including, but not limited to, waranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties implied from a course of performance or course of dealing. Motions research, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective memebers, directors, officers, employees and agents do not warrant that the services or any function or aspect thereof will be uninterrupted or error-free, will be available for use, that defects will be corrected, or that the services, including any content, are free of viruses or other harmful components.
Limitation of Liability.
YOUR USE OF AND ACCESS TO THE SERVICES IS AT YOUR OWN RISK. Motions Research takes no responsibility and assumes no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Motions Research liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Motions Research is not liable for any statements, representations, or content provided by our users in any public forum, personal home page, or elsewhere on the Website. Motions Research does not endorse any content or any opinion, recommendation or advice expressed therein, and Motions Research expressly disclaims any and all liability in connection with such content.
In no event shall motions research, its parents, subsidiaries, affiliates, licensors, suppliers, and their respective members, directors, Officers, employees and agents be liable for any direct,indirect, punitive, incidental, special, consequential or other damages arising out of or any way connected with the access to or use of the services, any delay in or inability to use the services, or for any information, software, products and services advertised in or obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, strict liability or otherwise, even if motions research, its parents, subsidiaries, afiliates and their respective members, directors, officers, employees and agents have been advised of the possibility of damages. This limitation of liability applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of you or a third party while filming, recording, or otherwise creating content for the website, including, but not limited to, any in-store conduct.
You acknowledge that, absent your agreement to this limitation of liability, motions research would not provide the services to you.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of cetain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations shall not apply to you, and you might have additional rights under applicable law. Void where prohibited by law.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, licensors, suppliers, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Amendment and Modification.
Governing Law; Venue.