We are Moves LLC ("Company," "we," "us," "our"), a company registered in Virginia, United States at 8401 Maryland Dr Ste A, Richmond, VA 23294.
We operate the website
https://moves.fm (the "Site"), the mobile application Moves (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Moves is the easiest way to discover, book, and host local experiences. Whether you're looking for a pottery class, a cooking workshop, a dance session, or a community pickup game, Moves connects you with creators and businesses offering unique in-person experiences in your area.
You can contact us by email at
support@moves.fm or by mail to 8401 Maryland Dr Ste A, Richmond, VA 23294, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Moves LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by
support@moves.fm, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. MARKETPLACE ROLE
Moves is an online marketplace that connects users who want to discover and book in-person experiences ("Guests") with users who create and offer those experiences ("Hosts"). Moves provides the technology platform that facilitates these connections; Moves itself does not create, own, host, supervise, lead, or manage any experience offered through the Services.
When a Guest books an experience through the Services, the resulting agreement is solely between the Guest and the Host. Moves is not a party to that agreement. Moves does not act as an agent, broker, employer, partner, joint venturer, insurer, or fiduciary for any Host or Guest. Moves does not endorse any Host, Guest, listing, or experience.
Hosts are independent contractors and are solely responsible for the experiences they offer, including their content, conduct, quality, safety, lawfulness, and any consequences arising from them. Guests are solely responsible for their decision to book and attend any experience.
Moves does not guarantee the existence, quality, safety, or legality of any experience, the truth or accuracy of any listing, or the ability of any Host to deliver an experience as described. You acknowledge that information about Hosts and listings is provided by the Hosts themselves and that Moves does not independently verify it.
Some words used in these Legal Terms have specific meanings. "Host" means a user who creates a listing and offers an experience through the Services. "Guest" means a user who books or attends an experience. "Listing" or "Move" (used interchangeably) means the description of an experience posted by a Host. "Booking" means a confirmed reservation for an experience. "Platform Fee" means the service fee Moves charges in connection with a Booking.
3. HOST TERMS
If you create a Listing or offer an experience through the Services, you are a "Host" and the following terms apply to you in addition to the other terms in this agreement.
Listings and accuracy
You agree that every Listing you post will be accurate, current, and complete, including the description, location, dates, times, capacity, price, what is and is not included, and any rules participants must follow. You may not list experiences you do not personally offer or have the right to offer.
Authority and compliance
You represent and warrant that you have all rights, licenses, permits, registrations, certifications, and approvals required by applicable law to offer the experience, including any business license, food-handling permit, alcohol permit, instructor certification, professional license, venue rental agreement, or third-party permission. You will at all times comply with all applicable federal, state, and local laws, regulations, and ordinances, including tax, employment, health, safety, and consumer-protection laws.
Taxes
You are solely responsible for determining, collecting, reporting, and remitting all taxes (including income, self-employment, sales, use, and occupancy taxes) associated with the experiences you offer through the Services. Moves does not act as your withholding agent and does not provide tax advice. Stripe may issue you tax forms (such as Form 1099-K) based on your processed payments; you are responsible for the accuracy of the information you provide to Stripe.
Safety, conduct, and insurance
You are solely responsible for the safety of your experience and the conduct of any persons you bring to it. You agree to obtain appropriate liability insurance covering you and your experiences. Moves does not provide insurance coverage to Hosts or Guests. You are responsible for any injury, illness, loss, or damage that occurs in connection with your experience.
Non-discrimination
You will not unlawfully discriminate against any Guest or applicant on the basis of race, color, religion, national origin, ancestry, sex, gender, sexual orientation, gender identity, age, disability, marital or familial status, or any other protected characteristic under applicable law.
Honoring bookings
You agree to honor every confirmed Booking and to deliver the experience substantially as described in the Listing. If you must cancel, you will do so promptly through the Services and you authorize Moves to refund the Guest in accordance with the cancellation policy you selected. Repeated or last-minute cancellations may result in suspension or removal from the Services.
Payments and payouts
Moves is the merchant of record for transactions on the Services. We collect payments from Guests at the time of Booking — including the experience price, the Platform Fee, and any applicable taxes — and hold those funds until they are eligible for release to you.
After the experience has ended, Moves will initiate the release of your share of the Booking proceeds (the experience price less the Platform Fee, refunds, chargebacks, taxes, or other amounts owed) to your Stripe Connect account, generally within twenty-four (24) hours of the scheduled end time of the experience. Release may take longer for reasons including, without limitation: suspected fraud or chargeback risk; pending refund, cancellation, or dispute review; Stripe's verification, payout-eligibility, or risk-management requirements; tax-reporting or compliance review; or other operational or platform-specific circumstances. Moves does not guarantee any specific release time and is not liable for delays.
To receive funds, you must complete Stripe's onboarding process for Stripe Connect, including identity verification, banking information, and tax information. Your use of Stripe Connect is governed by Stripe's
Connected Account Agreement and other applicable Stripe terms. Once funds are released into your Stripe Connect account, the timing of any withdrawal or payout from Stripe to your linked bank account is determined entirely by Stripe in accordance with Stripe's payout schedules, holds, reserves, and policies. Moves does not control, schedule, or guarantee the timing of those withdrawals and is not responsible for any delays caused by Stripe or your bank.
Moves charges a Platform Fee on each Booking, which is disclosed at the time of the transaction. The Platform Fee is not fixed and is subject to change at any time at Moves' sole discretion. We will provide reasonable advance notice (for example, by email, in-app notification, or posting on the Services) before any change to the Platform Fee takes effect, but no specific notice period is guaranteed. The Platform Fee in effect at the time a Booking is created applies to that Booking. If you do not agree to a revised Platform Fee, your sole remedy is to stop creating new Listings or to discontinue use of the Services; continued use of the Services after the effective date of a change constitutes acceptance of the new Platform Fee.
Refunds are governed by the cancellation policy in effect for the relevant Booking. You agree that Moves may retain its Platform Fee on refunded Bookings to the extent permitted by the applicable cancellation policy and by law. You are responsible for chargebacks and disputes initiated by Guests, including the chargeback amount and any fees imposed by Stripe or the card networks; Moves may deduct such amounts from your Booking proceeds, withhold future releases, or invoice you for them.
Listing content license
By posting a Listing, you grant Moves a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, modify (for formatting and presentation), distribute, and otherwise use the Listing content (including photos, descriptions, and your business name and logo) in connection with operating, marketing, and promoting the Services. You represent and warrant that you own or have all necessary rights to grant this license, including for any photographs of people, venues, or third-party works appearing in your Listing.
Guest information
When a Guest books your experience, Moves shares limited Guest information with you (such as name and contact details) solely for the purpose of coordinating that Booking. You may not use this information for any other purpose, including marketing, sale, or transfer to any third party, and you must comply with all applicable privacy and data-protection laws when handling it.
No circumvention
You agree to process all Bookings exclusively through the Services. You will not solicit Guests to book or pay outside the Services, accept off-platform payment, or otherwise attempt to circumvent the Platform Fee. Violation of this section may result in immediate suspension or termination and may give rise to a claim for damages.
4. GUEST TERMS
If you book or attend an experience through the Services, you are a "Guest" and the following terms apply to you in addition to the other terms in this agreement.
Booking and the contract with the Host
When you book an experience, you are entering into a direct contractual relationship with the Host for that experience. Moves is not a party to that contract. The Host is solely responsible for delivering the experience; you are solely responsible for your decision to book and attend.
Assumption of risk
You acknowledge that participating in any experience involves inherent risks, including risk of bodily injury, illness, property loss or damage, and exposure to communicable disease, and that those risks may be greater for experiences involving physical activity, food and drink, travel, or interaction with strangers. You voluntarily and knowingly assume all such risks. To the fullest extent permitted by law, you release Moves and its affiliates, officers, employees, and agents from any and all claims, demands, damages, and causes of action arising out of or relating to your participation in any experience, except to the extent caused by Moves' gross negligence or willful misconduct. This release is in addition to, and does not limit, any waiver, release, or assumption-of-risk agreement that the Host may require you to sign.
Conduct at experiences
You agree to follow the Host's reasonable rules and instructions, comply with all applicable laws and venue policies, and treat the Host, other Guests, and any third parties with respect. The Host may refuse service to or remove any Guest who is disruptive, unsafe, intoxicated, or otherwise in violation of these Legal Terms or the Host's rules, and you may not be entitled to a refund in such cases.
Payments
Payments are processed by Stripe. By providing payment information, you authorize Moves and Stripe to charge your payment method for the price of the Booking, the Platform Fee, and any applicable taxes. Refunds, when due, are issued through the same payment method, generally within several business days, and are governed by the cancellation policy disclosed on the Listing at the time of Booking.
Communications with Hosts
You agree to communicate with Hosts only in connection with your Booking and not to use Host contact information for any other purpose, including marketing or harassment. You will not use the Services to coordinate Bookings or payments off-platform with any Host.
Disputes with Hosts
If a dispute arises between you and a Host, you agree to first attempt to resolve it directly with the Host. Moves may, in its sole discretion, assist in resolving disputes (for example, by reviewing cancellation eligibility), but is under no obligation to do so and is not responsible for the outcome.
5. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "
PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:
support@moves.fm. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "
PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "
COPYRIGHT INFRINGEMENTS" section below.
6. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
7. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
8. PURCHASES AND PAYMENT
We accept the following forms of payment for Bookings: Visa, Mastercard, American Express, Discover, Apple Pay, and Google Pay. Card processing is performed by Stripe. You agree to provide current, complete, and accurate billing and account information for all Bookings made through the Services, and to promptly update that information (including email address, payment method, and payment-card expiration date) so that we can complete your transactions and contact you as needed. All payments shall be in U.S. dollars unless otherwise stated.
By submitting a Booking, you authorize Moves and its payment processor to charge your chosen payment method for the experience price, the Platform Fee, and any applicable taxes in effect at the time of the Booking. The price displayed on the Listing at the time you confirm a Booking is the price that applies to that Booking. Sales, occupancy, or similar taxes will be added where required by law and may be collected and remitted by Moves as a marketplace facilitator or by the Host, depending on the jurisdiction.
Hosts may change pricing for future Listings at any time, and Moves may correct typographical errors, inaccuracies, or omissions in pricing or availability — even after a Booking has been requested or paid for — and we may cancel and refund the affected Booking in such cases.
We reserve the right to refuse, limit, or cancel any Booking placed through the Services, in our sole discretion, including (but not limited to) Bookings that we suspect to be fraudulent, abusive, made in violation of these Legal Terms, or made by users previously suspended or removed from the Services. We may also impose limits on the number of Bookings per user, per payment method, or per Listing.
9. CANCELLATION POLICY
Each Listing displays the cancellation policy selected by the Host (for example, Flexible, Moderate, or Strict). The cancellation policy in effect at the time a Booking is created governs that Booking, regardless of any later change.
Cancellations by Guests
A Guest may cancel a Booking through the Services at any time before the experience starts. Whether and how much of the experience price is refunded depends on the cancellation policy disclosed on the Listing and how far in advance the cancellation is made. Once an experience has started, no refund is owed for that Booking unless required by applicable law. Guests who do not show up for an experience are not entitled to a refund.
Cancellations by Hosts
If a Host cancels a confirmed Booking, the Guest will receive a full refund of the experience price and any taxes paid. If a Host fails to deliver the experience substantially as described, fails to appear, or makes the experience materially inaccessible to the Guest, Moves may, in its sole discretion, cancel the Booking and refund the Guest in whole or in part. Host-initiated cancellations may also result in penalties to the Host, including delayed payouts on other Bookings, removal from search results, suspension, or removal from the Services.
Platform Fee on refunds
Whether the Platform Fee is refunded depends on the cancellation policy and the reason for the refund. When the Platform Fee is refundable to the Guest, Moves will refund it directly. When it is not, Moves may retain the Platform Fee from the Host's share of the Booking proceeds to the extent permitted by the applicable cancellation policy and by law.
Chargebacks and disputes
Guests are encouraged to use the in-app cancellation flow or contact Moves before initiating a chargeback through their bank or card network. Filing a chargeback in lieu of using the cancellation process may result in suspension of the Guest's account. Hosts are responsible for chargebacks attributable to the Host's experience or conduct, including the chargeback amount and any fees imposed by Stripe or the card networks; Moves may deduct such amounts from the Host's Booking proceeds, withhold future releases, or invoice the Host. Moves may, but is not obligated to, contest chargebacks on the Host's behalf.
Refund mechanics
Refunds, when due, are issued to the original payment method used for the Booking. Bank or card-network processing times may delay how long it takes for refunded funds to appear on the Guest's statement; Moves does not control those processing times. For questions about a specific cancellation or refund, contact us at
support@moves.fm.
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system that accesses the Services.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
11. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
12. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
13. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Legal Terms. You may not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each, an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
Apple-specific terms
If you download the App from the Apple App Store, you acknowledge and agree that: (a) these Legal Terms are concluded between you and Moves only, and not with Apple Inc. ("Apple"), and Moves (not Apple) is solely responsible for the App and its content; (b) Apple has no obligation to provide any maintenance or support services for the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Moves' sole responsibility; (d) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation; (e) in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Moves (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Legal Terms; (f) you must comply with applicable third-party terms of agreement when using the App; and (g) Apple and Apple's subsidiaries are third-party beneficiaries of these Legal Terms as they relate to your license of the App, and upon your acceptance of these Legal Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Legal Terms against you as a third-party beneficiary thereof.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
17. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
18. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
19. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
20. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Virginia, United States. Moves LLC and yourself irrevocably consent that the courts of Virginia, United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
21. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect (or, if the AAA declines to administer the Dispute, by JAMS under its Streamlined Arbitration Rules and Procedures). The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be conducted by a single neutral arbitrator. The seat, or legal place, of arbitration shall be Richmond, Virginia, United States, and the language of the proceedings shall be English. The arbitrator's decision shall be final and binding on the Parties, and judgment on the award may be entered in any court of competent jurisdiction. The substantive law of the Commonwealth of Virginia (without regard to its conflict-of-law principles) shall govern these Legal Terms and any Dispute arising under them.
Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE LEGAL TERMS OR THE SERVICES, INCLUDING ANY DISPUTE NOT SUBJECT TO ARBITRATION UNDER THIS SECTION.
30-Day Right to Opt Out
You may opt out of this arbitration agreement and the class-action waiver below by sending written notice to
support@moves.fm within thirty (30) days after first accepting these Legal Terms. The notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Moves will resolve any Dispute exclusively in the state or federal courts located in Richmond, Virginia, and each Party irrevocably consents to the personal jurisdiction of those courts. Opting out of arbitration does not opt you out of the jury trial waiver above or any other provision of these Legal Terms.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
26. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
30. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: