THE SOCIAL MOVEMENT TERMS AND CONDITIONS OF USE OWNERSHIP
Welcome to the THE SOCIAL MOVEMENT web site at https://socialmovement.tv (‘Site’) which is owned by THE SOCIAL MOVEMENT. This Site is operated by THE SOCIAL MOVEMENT and aterials
on the Site are primarily owned by THE SOCIAL MOVEMENT. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and THE SOCIAL MOVEMENT. THE SOCIAL MOVEMENT has
THE SOCIAL MOVEMENT reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the Site Administrator at firstname.lastname@example.org with your concerns.
ACCESS AND USE
All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the THE SOCIAL MOVEMENT website. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY
PROHIBITED unless you have obtained the prior written consent of THE SOCIAL MOVEMENT or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting THE SOCIAL MOVEMENT in
writing at Business & Legal Affairs THE SOCIAL MOVEMENT via email at
email@example.com. You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you becomes the property of THE SOCIAL MOVEMENT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as THE SOCIAL MOVEMENT sees fit.
If unsolicited submissions are sent to THE SOCIAL MOVEMENT via this Site, these submissionsbecome the property of THE SOCIAL MOVEMENT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as THE SOCIAL
MOVEMENT sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against THE SOCIAL MOVEMENT, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact THE SOCIAL MOVEMENT Marketing at firstname.lastname@example.org before doing so. In establishing hypertext
links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or THE SOCIAL MOVEMENT, including its respective employees, agents, directors, officers and shareholders.
If THE SOCIAL MOVEMENT has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that THE SOCIAL MOVEMENT is connected with, operates or controls these web sites. THE SOCIAL MOVEMENT is not responsible
for the content or practices of third party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with THE SOCIAL MOVEMENT. When visiting other web sites, however, you should refer to each such web site’s
THE SOCIAL MOVEMENT does not endorse and takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. THE SOCIAL MOVEMENT reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to goldsgym.com.
THE SOCIAL MOVEMENT reserves the right to immediately terminate your use of, or access to, this Site at any time if THE SOCIAL MOVEMENT decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that THE SOCIAL MOVEMENT considers to be inappropriate or unacceptable.
DISCLAIMER OF LIABILITY AND WARRANTIES
While THE SOCIAL MOVEMENT does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. To the maximum extent permitted by law, the Site, and all materials in this Site, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that THE SOCIAL MOVEMENT DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that THE SOCIAL MOVEMENT, its parents and affiliates together with their respective employees, agents, directors,
officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that THE SOCIAL MOVEMENT is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that THE SOCIAL MOVEMENT is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising
from your use or from your inability to use the Site.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you. . YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM
OR ACTION IS BASED.
You agree to defend, indemnify and hold harmless THE SOCIAL MOVEMENT, its parents and affiliates together with their respective franchisees, employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including
reasonable attorney’s fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any principles of conflicts of law.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and THE SOCIAL MOVEMENT, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and THE SOCIAL MOVEMENT agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings,
we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in Dallas County, Texas, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction. You agree that this Agreement and all incorporated agreements may be automatically assigned by THE SOCIAL MOVEMENT in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
COPYRIGHTS (C) / TRADEMARKS (™)
(C) 2020 THE SOCIAL MOVEMENT. All trademarks are owned by THE SOCIAL MOVEMENT or are used under license. All rights reserved. All materials contained in THE SOCIAL MOVEMENT’s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other
materials contained herein are expressly prohibited. Certain activities provided via the website may be covered by U.S. Patent 5,930,474