Terms and Conditions

iMOOVR® “Terms & Conditions/T&C” and “Terms of Use”
Last revised and is effective as of: 02 JANUARY 2022

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS & CONDITIONS”) AND TERMS OF USE (“TERMS OF USE”) COMPLETELY AND CAREFULLY. BY ACCESSING OR USING THIS “IMOOVR.CO.UK” WEBSITE OR APP YOU AGREE TO BE BOUND BY THESE FOLOWING “TERMS & CONDITIONS” AND “TERMS OF USE”. YOU MUST ALSO READ AND ACCEPT THE PRIVACY AND COOKIES POLICY BEFORE YOU CONTINUE USING THIS WEBSITE. TO VIEW SELECT THIS PRIVACY AND COOKIES POLICY PAGE.

Welcome to IMOOVR.co.uk, (“we”, “us”, “our”, ” IMOOVR.co.uk”, “IMOOVR”, “IMOOVR Network” and “IMOOVR”) a Property Marketplace service where one can advertise properties and/or real estate to sell, rent or look to buy or rent. IMOOVR.co.uk consists of the IMOOVR website, co-branded websites (including sub-domains) IMOOVR Mobile site, Apps on digital devices and including versions of the website that may exist on other domains, portals, platforms or mediums. The services offered by IMOOVR include e-mail, electronic messaging, images, videos, IMOOVR application developer service where available and any other features, tools, applications, materials, or other services offered by IMOOVR in connection with its business, however accessed, are referred to collectively as the “IMOOVR Services or Services”.

It is our pleasure to provide the IMOOVR Services for your property or real estate related matters in accordance with these Terms of Use (“Agreement”). By accessing or using IMOOVR Services, including: data, text, information, graphics, photos, profiles, video clips, applications, links, messages or other materials (collectively as the “Content”) thereof signifies that you have read the following Terms of Use, whether you are a Visitor (which means that you simply browse the IMOOVR Website without being registered) or a registered member of IMOOVR (collectively, as the “User” or “Member”). If you do not agree to be bound by this Agreement and to abide by all Applicable Law, do not conclude the Agreement, do NOT click “Sign Up” and do not access, view, download or otherwise use any IMOOVR webpage, information or services. By clicking “Sign Up,” you acknowledge that you have read and fully understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up,” you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one.

It is our goal to provide you with a first-class user experience, so if you have any questions or comments about these Terms of Use, please contact us at: support[at]iMOOVR.co.uk

1 IMOOVR ACCOUNT:

1.1 Eligibility

IMOOVR is intended solely for users who are thirteen (13) years of age or older and that have the capacity to understand, agree to, bound by and comply with these Terms of Use. Registering for the IMOOVR Services, you represent and warrant that:

1. a) All required registration information you submit is truthful and accurate;
2. b) You will maintain the accuracy of such information;
3. c) You are (13) years of age or older;
4. d) You are not currently restricted from the IMOOVR Services, or not otherwise prohibited from having an IMOOVR account;
5. e) You will not use IMOOVR if you are a convicted sex offender;
6. f) You have full power and authority to enter into this Agreement;
7. g) You will not violate any rights of IMOOVR, including intellectual property rights such as copyright or trademark rights; and
8. h) Your use of the Services does not violate any applicable law or regulation.

Your IMOOVR Account may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.

1.2 Registration and Account Security

When you sign up to become an IMOOVR member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. Here are some commitments you make to us relating to registering and maintaining the security of your IMOOVR account. By way of example and not as a limitation, you agree to:

1. a) Keep your password secure and confidential;
2. b) Not reveal your password to any third party;
3. c) Keep your registered email addresses and other registration data current and complete;
4. d) Accept responsibility for all use and activities that occur under your account;
5. e) Not permit others to use your account;
6. f) Refrain from using the account, username, or password of another member at any time;
7. g) Refrain from selling, trading, or otherwise transferring your IMOOVR account to another party;
8. h) Refrain from charging anyone for access to any portion of IMOOVR, or any information therein;
9. i) Not use any form of automated means, including data scraper tools, robots, crawlers, data mining tools, digital spiders, sign in, sign up, use, or receive information;
10. j) Notify us immediately if you suspect any unauthorized use of your IMOOVR Account or access to your password.

We endeavour to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Site or its contents. You agree to immediately notify IMOOVR of any unauthorized use of your Account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to IMOOVR.

Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, intellectual property law or is vulgar, hateful, discriminatory, defamatory, religiously inappropriate, extremist, offensive or otherwise inappropriate and may cause any distress of any kind, as determined by us in our sole discretion.

1.3 Privacy

Protecting your privacy is very important to IMOOVR. Please review our full Privacy Policy (Please refer to our Privacy Policy page) as it is hereby incorporated into this Terms of Use by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content which you may submit to IMOOVR, might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and we store and process your personal information on computers primarily located in the United States or Europe. We may however use computers that are located elsewhere in the world at certain instances in order to operate IMOOVR.

1.4 Subscriptions and Payments

You acknowledge that IMOOVR reserves the right to charge for any portion of the IMOOVR Services and to change its fees (if any) from time to time in its discretion. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Membership”), you agree to IMOOVR to pay the applicable fees for the Premium Membership (including, without limitation, periodic fees for Premium accounts) as they become due and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription. If you wish to cancel your subscription you may do so at any time however, we expressly state that the subscription is strictly at our sole discretion non-refundable and there are no refunds or credits for partially used periods. Any subscription fees paid are fully exhausted at the start of creation of a Subscription Membership in order to facilitate such subscription in IMOOVR system.

All Subscription features expire immediately upon cancellation of your Subscription or IMOOVR account. If IMOOVR terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You also acknowledge that IMOOVR’s Subscription service is subject to this Agreement and any additional terms related to the provision of the Subscription.

1.5 Notify us of acts contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2 MEMBER CONDUCT:

2.1 The IMOOVR Services are for the personal use of members and may be used for promotional purposes as well, but direct commercial endeavours may only be used if they are specifically endorsed or authorized by IMOOVR. IMOOVR reserves the right to remove or charge for commercial content in its sole discretion.

2.2 In order to protect our Members from advertising, spamming or solicitation, it will be deemed breach of this Agreement if you send unsolicited email or bulk emails, electronic messages or other unsolicited communications of any kind by means of any of IMOOVR Services, you acknowledge that you will have caused substantial harm to IMOOVR, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay IMOOVR five hundred British Sterling Pounds (GBP£500.00) for each such unsolicited email or other unsolicited communication you send by means of using any of IMOOVR Services to other Members of IMOOVR.

2.3 You may not use the IMOOVR Service for any illegal or unauthorized purpose including collecting usernames, user id or numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, communication or unauthorized framing of or linking to the IMOOVR Website, or employing third party promotional sites or software to promote any content of IMOOVR for money, is strictly prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized use of IMOOVR system is strictly prohibited and any such material will be removed and membership will cancel immediately without any notice. As a result, any membership privileges will also terminate.

2.4 IMOOVR may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does IMOOVR have any obligation to check the accuracy or truthfulness of any materials, nor to monitor any member’s use of the IMOOVR Service.

2.5 International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any Content that you submit, post, and display on the IMOOVR Service.

3 PROHIBITED CONTENT AND ACTIVITY:

Although IMOOVR is a private entity. IMOOVR does not allow any form of adult content on the IMOOVR Website. The following are examples of the kind of activities that are illegal or prohibited on the IMOOVR Website and through your use of the IMOOVR Services. IMOOVR reserves the right to investigate and take appropriate legal action against anyone who, in IMOOVR’s sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

3.1 Publish, distribute and/or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

3.2 Abuse, stalk, threaten, harass or advocate harassment of another person;

3.3 Violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, intellectual rights, or any other rights of any person or entity.

3.4 Submit material that contains nudity or depicts a human being engaged in any sexual conduct including but not limited to (a) excessive violence, (b) exploits people in a sexual or violent manner, sadistic or masochistic abuse; (c) sexual intercourse; (d) bestiality; (e) lascivious exhibition of the genitals or private area of any person; (f) offensive subject matter; (g) contains a link to an adult website;

3.5 Involvement in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner;

3.6 Solicit personal identifying information or passwords from anyone under the age of eighteen (18);

3.7 Promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, money laundering, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

3.8 Publicly posting information that poses or creates a privacy or security risk to any person;

3.9 Use sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to any of the user listing page on IMOOVR;

3.10 Imply or state, directly or indirectly, that you are affiliated with or endorsed by IMOOVR unless you have entered into a written agreement with IMOOVR;

3.11 Impersonate or attempt to impersonate IMOOVR or an IMOOVR employee, administrator, moderator, another Member, person or entity;

3.12 Advertising to, or solicitation of any Member to buy or sell any products or services through the IMOOVR Services without their prior explicit consent;

3.13 Using any information obtained from the IMOOVR Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.

3.14 Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from IMOOVR except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

3.15 Submit materials of any third party without such third party’s prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by IMOOVR;

3.16 Remove, obscure, or alter any IMOOVR’s copyright notice, trademarks, or other proprietary rights notices, including any of its licensors;

3.17 Modify, copy, distribute, download, perform, sell, transmit or create derivative works in any form or by any means, in whole or in part, any Content from the IMOOVR Services other than your Content which you legally post on, through or in connection with the IMOOVR Services;

3.18 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

3.19 Modify, adapt, translate, or reverse engineer any portion of the IMOOVR Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the IMOOVR Website and/or Service.

3.20 Attempt to gain unauthorized access to the IMOOVR Service, other accounts, computer systems or networks connected to the IMOOVR Service, through password mining or any other means.

3.21 Transmit, email or post any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, MLM (multi-level marketing), ‘spimming’, ‘spamming’ or any other form of such solicitation;

3.22 Harvest or collect email addresses or other contact information of members, including usernames, from the IMOOVR website by electronic or other means;

3.23 Use manual or automated software, such as, but not limited to, scripts, devices, robots, or other means to processes to access, “scrape,” “crawl” or “spider” any web pages or other services or contents contained in IMOOVR system;

3.24 Use the IMOOVR Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the IMOOVR System.

3.25 Solicit or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

3.26 Rent, lease, loan, trade, sell/re-sell access or otherwise transferring your Account, your email address or URL to IMOOVR or any information therein, or the equivalent, in whole or part;

3.27 Cover or obscure any content, or any IMOOVR page via HTML, CSS, scripting, or any other form of code or means;

3.28 Decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you;

3.29 Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the IMOOVR Services;

3.30 Use other members’ personal data or access any data of IMOOVR system which you are not authorised to do so;

3.31 Interfere with another member’s use of the IMOOVR Service;

3.32 Infringe other people’s intellectual property rights; we have the right to disable your account when appropriate or cancel your account with iMOOVR;

3.33 Create an account other than yourself. Create an account by impersonating someone else (fake account). We have zero tolerance policy; any violation of this term may result in deletion of the account and its data furthermore, banned from any future use of IMOOVR website and services without any notice solely at our discretion.

3.34 IMOOVR reserves the right to investigate and take appropriate legal action against anyone who, in IMOOVR’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the IMOOVR Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.

If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: support[at]iMOOVR.co.uk

4 MEMBER DISPUTES

If there is a dispute between Members or between Members and any third party, you understand and agree that IMOOVR is under no obligation to become involved. In the event that you have such a dispute, you hereby release IMOOVR, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

5 INTELLECTUAL PROPERTY:

5.1 Ownership

You acknowledge that IMOOVR owns all right, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

5.2 Content Posted

All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IMOOVR, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on IMOOVR or on the Web. You understand and agree that IMOOVR may, but is not obligated to, review, reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of IMOOVR violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless IMOOVR assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

IMOOVR does not claim ownership rights in Content that you make available through the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to IMOOVR an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

5.3 Your Content

By posting any Content on the Services and making your Content available to others (“Third Parties”) via RSS distribution, you hereby grant IMOOVR and to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings if such facility exists.

You represent and warrant that: (i) you own the Materials posted by you on or through the IMOOVR Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the IMOOVR Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the IMOOVR Service.

You may remove your User Content from the IMOOVR at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that IMOOVR may retain archived copies of your User Content, and also the information posted to the Web by IMOOVR on your behalf may be cached by websites outside of IMOOVR’s control.

5.4 Objectionable Content

We reserve the right to remove content (including links) that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable. Any account posting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.

5.5 Enforcement by Us

We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.

6 THIRD PARTIES AND OTHER USERS:

6.1 Third Party Content

Content from other Users, advertisers, and other third parties is made available to you through the IMOOVR Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. Some of the content served by IMOOVR may be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to IMOOVR.

6.2 Responsibility

Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.

6.3 Third-Party Websites and Partner Communities

The IMOOVR Services may contain links to third-party websites (“Third-Party Websites”) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other/external sources (“Partner Connections”) or use other means to connect the IMOOVR Services to such Partner Connections to give you more possibilities. You use all such links to Third-Party Websites and Partner Connections at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Connections does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Connections. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Connections, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Connections, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

7 VIOLATIONS OF TERMS:

7.1 Breach of Terms

Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services provided by IMOOVR. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and/or Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, IMOOVR user information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, and posted Content.

7.2 Termination of Service

You agree that IMOOVR, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or restrict the use of the IMOOVR Service (or any part thereof), immediately without notice or liability, if IMOOVR determines in its sole discretion that you have breached these Terms of Condition and Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the IMOOVR Services or access to Content if such use places an undue burden on our networks or servers. We would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the IMOOVR servers being made or the volume of User Material being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.

You may terminate your account anytime by going to “Account Settings”, and or it may be necessary for you to contact us to terminate your account with us. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. All account termination communication should be sent via email to: support[at]imoovr.co.uk

7.3 Effects of Termination

IMOOVR may terminate a Subscription, or any user’s access to and use of the Site, at any time at its sole discretion which termination shall be effective immediately. If you violate the Terms of Use (including any Privacy Policy), IMOOVR in its sole discretion may (a) require you to remedy any violation thereof and/or (b) take any other actions that IMOOVR deems appropriate to enforce its rights and pursue available remedies.

You understand that termination of this Agreement and your IMOOVR Account may involve deletion of your IMOOVR user information from our live databases and servers. We will not have any liability whatsoever to you for any termination of your IMOOVR Profile or related deletion of your information. When an account is terminated, we reserve the right to re-issue the username you had selected (for the now deleted account).

All Subscription Fees are non-refundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription.

Furthermore, you agree that IMOOVR shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use the Service after said termination. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.

7.4 Violations of Agreement and Standards

Please report violations of the terms of this Agreement to: support[at]imoovr.co.uk

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.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for IMOOVR to pursue legal action to enforce these Terms, you will be liable to pay IMOOVR the following amounts as liquidated damages, which you accept as reasonable estimates of IMOOVR’s damages for the specified breaches of these Terms:

1. If you post a message that (a) impersonates any person or entity; (b) falsely states or otherwise misrepresents your affiliation with a person or entity; or (c) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay IMOOVR.co.uk twenty thousand British Sterling Pounds (GBP£10,000.00) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

1. If IMOOVR.co.uk establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay IMOOVR.co.uk five thousand British Sterling Pounds (GBP£5000.00) for each message posted in excess of such limits or for each day on which you access IMOOVR.co.uk in excess of such limits, whichever is higher.

1. If you send unsolicited email advertisements to IMOOVR.co.uk email addresses or through IMOOVR.co.uk computer systems or servers, you agree to pay IMOOVR.co.uk five hundred British Sterling Pounds (GBP£500.00) for each such email.

1. If you post Content in violation of the Terms, other than as described above, you agree to pay IMOOVR.co.uk two thousand British Sterling Pounds (GBP£2000.00) for each Item of Content posted. In its sole discretion, IMOOVR.co.uk may elect to issue a warning before assessing damages.

1. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages, you agree to pay IMOOVR.co.uk two thousand British Sterling Pounds (GBP£2000.00) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay IMOOVR.co.uk an additional one thousand British Sterling Pounds (GBP£1000.00) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.

1. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any IMOOVR Content (except for your own Content) in violation of these Terms without IMOOVR’s express written permission, you agree to pay IMOOVR.co.uk fifteen thousand British Sterling Pounds (GBP£15000.00) for each day on which you engage in such conduct.

1. Otherwise, you agree to pay IMOOVR.co.uk’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, IMOOVR.co.uk retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

8 COPYRIGHT POLICY:

You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. IMOOVR respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is IMOOVR policy to terminate the accounts of such infringers.

9 DISCLAIMERS OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY:

9.1 Disclaimer

Under no circumstances shall IMOOVR be liable to any user on account of that user’s use or misuse of the Services. The Services are provided “as is,” with no warranties whatsoever. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if IMOOVR has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You understand and agree that you use the IMOOVR Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system, loss of data, financial and/or anything else that results from the use of the IMOOVR Services.

9.2 Indemnification

You agree to indemnify and hold IMOOVR, its subsidiaries, affiliates, respective officers, agents, joint ventures, partners and employees, harmless from all damages, losses, liability, claims, or demands, including, but not limited to, reasonable legal services fees and costs, related to all third party claims and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content that you post on or through the IMOOVR Services, and (c) any activity in which you engage on or through IMOOVR.

9.3 Limitation of Liability

YOUR USE OF THE IMOOVR SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL IMOOVR OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “IMOOVR PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE IMOOVR SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, WHETHER OR NOT IMOOVR PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE IMOOVR SERVICE, FROM INABILITY TO USE THE IMOOVR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE IMOOVR SERVICE OR ANY COMPONENT THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. WE TRY TO KEEP IMOOVR UP AND RUNNING, BUG-FREE, AND SAFE, WE ARE PROVIDING IMOOVR AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT IMOOVR WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS, BE SAFE, SECURE AND ERROR-FREE. IMOOVR SITE MAY GO OFFLINE FOR MAINTENANCE OR ANY UNKNOWN REASONS FOR UNSPECIFIED DURATION AT ANY TIME. WE MAY ADD, AMEND OR REMOVE ANY OF IMOOVR FEATURE(S) OR REMOVE ENTIRE IMOOVR SITE ANYTIME WITH OR WITHOUT ANY PRIOR NOTICE. IF YOU ARE DISSATISFIED WITH THE IMOOVR SERVICE OR ANY PART OF THE IMOOVR SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IMOOVR SERVICE AND ITS RELATED SERVICES BY OTHER MEANS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IMOOVR’S 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 IMOOVR FOR THE IMOOVR SERVICES DURING THE TERM OF MEMBERSHIP IF ANY. UNDER NO CIRCUMSTANCES SHALL IMOOVR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED BRITISH STERLING POUNDS (GBP£100.00).

10 APPLICABLE LAWS AND THIS AGREEMENT:

These Terms of Condition and Use will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflict of law’s provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Condition and Use to be unenforceable, the remainder of the Terms of Condition and Use will continue in full force and effect. You shall not assign these Terms of Condition and Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of IMOOVR’s affiliates are express and intended third party beneficiaries of these Terms of Condition and Use and may enforce any of its terms and exercise any of the rights to the same extent as IMOOVR.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which IMOOVR seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms, Conditions and Terms of Use by IMOOVR or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against IMOOVR, including with respect to your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Condition and Use.

11 LEGAL COMPLIANCE:

You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the IMOOVR Service. IMOOVR reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the IMOOVR Service, IMOOVR Users, and the rights and property of IMOOVR and its affiliates.

12 GENERALS:

This Agreement is accepted upon your use of the IMOOVR Website or any of the IMOOVR Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and IMOOVR regarding the use of the IMOOVR Services. The failure of IMOOVR to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. IMOOVR.co.uk is a trademark of IMOOVR. 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.

13 CHANGES TO TERMS OF USE:

At our sole discretion IMOOVR reserves the right to change, modify, delete, add or amend portions of these Terms, Conditions and Terms of Use at any time with or without further notice. Such changes will be effective immediately upon posting such revisions on the Site and you waive any right you may have to receive specific notice of such changes. We will indicate at the top of this page the date these terms were last revised. Your continued use of IMOOVR Site or the IMOOVR Services following the posting of such changes constitutes your binding acceptance thereof. It is your responsibility to regularly check the IMOOVR Site to determine if there have been any changes. This Agreement, and any posted revision to this Agreement, shall remain in full force and in effect while you use the IMOOVR Services or are a member.

Please report any form of abuse or identity theft to you or other members immediately to: support[at]imoovr.co.uk

Regarding any questions to this agreement, please send emails to: support[at]imoovr.co.uk

I (THE PERSON WHO IS NOW READING THIS PAGE) CONFIRM THAT, I HAVE READ THIS COMPLETE AGREEMENT, UNDERSTOOD FULLY AND AGREE TO ALL OF THE PROVISIONS CONTAINED IN THIS TERMS, CONDITIONS AND TERMS OF USE.

Last updated on 02 January 2022. All data contained within this page are copyright protected. Unauthorised use in any form strictly prohibited.

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