Terms & Conditions

Terms and Conditions of Purchase

Effective Date: 19/01/2024
These Terms and Conditions of Purchase ("Terms and Conditions") set forth your rights and responsibilities for purchases from www.mvmtsocials.com and its sub-domains and affiliated sites ("Site"). This document constitutes a legally binding contract between MVMT Socials ("Company") and you ("Client") regarding your purchase of website templates and digital products ("Product"). MVMT Socials' Terms and Conditions of Purchase, website Terms and Conditions, and the website Privacy Policy are collectively referred to as this "Agreement." In the event of any conflict between these documents, these Terms and Conditions shall prevail over the website Terms, which shall prevail over the Privacy Policy. By purchasing this product, you agree to the following terms as a condition of your participation in the Program.

The section below titled "Binding Arbitration" contains a binding arbitration agreement. Because this section affects your legal rights, please read it carefully.

Binding Arbitration

Payment Terms
At checkout, you may select a payment plan for your purchase to either pay in full or pay in instalments. Because of the nature of the delivery of digital products, you are responsible for payment in full for the purchase, regardless of use, dislike, or any other claim to cancel or discontinue payment. You may not dispute payments owed, cancel your credit card on file, or cease instalment payments according to the selected payment plan.

Product Licence
You are not permitted to share any MVMT Socials branded products that you have purchased with any other third party or attempt to copy or re-distribute the product and/or design elements in any way.

Each product licence is for one use of the product, which is licensed directly to you for your singular personal or business use. You are not permitted to use the Company’s product on multiple websites if you have multiple businesses or personal uses, as each purchase is for a singular licence to utilise the product. Any violation of this clause shall result in an immediate termination of your licence to use the product and a fee equal to the cost of an approximate estimate of additional licences violated without authorisation in addition to any attorney’s fees or other fees applicable, not as a penalty, but as liquidated damages for this infringement of the Company’s intellectual property and violation of this Agreement.

No Refund Policy
All digital products, websites, templates, downloads, and any other purchases made on this Site are non-refundable under any circumstances. Purchased products cannot be exchanged for other products.

Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australia, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site 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.
All digital products are protected by intellectual property rights and are not to be resold, repackaged, shared, or distributed without the written consent of the Company.

The Company does not tolerate any infringement, exploitation, or misappropriation of its copyrighted property by you or any other third-party entities. All of the products sold on the Company’s Site are protected by copyright and trademark laws, and the Company shall use all measures to assert and protect its rights in those products and prevent them from being used by unauthorised users.

Licence to Use MVMT Socials Branded Products
Any and all purchases made on the Site for any MVMT Socials branded products do not constitute purchases for ownership over the Company’s products or services. Your purchase will not qualify as transferring any ownership rights, privileges, or abilities to exercise control over the product in a manner that exceeds the limited use you are permitted under these Terms. Any and all purchases made on the Site constitute the granting of a limited, non-transferable, non-sublicensable, non-exclusive licence to use the products for their intended purposes. Any use that exceeds the intended use of the Company’s product shall result in the immediate revocation of this licence to use the Company’s product, and you must immediately cease your use of the product. All digital products are to be considered shipped and delivered upon completion of the purchasing process and access to the product being granted to you by the Company.

You are not permitted to make any copies of the Company’s branded products, provide access to it to any third parties, any persons, or entities other than yourself, your agents, and employees. You may not sublicense, distribute, or pledge the Company’s products or any of the rights herein to any third party. Additionally, you will not use any third-party software, including any open-source software, in conjunction with any of the Company’s products, unless you ensure that such use does not cause the products to become subject to any third-party licence applicable to such third party software or require the public disclosure or distribution of any other products or the licensing of any products, software, or material for the purpose of making derivative works. Finally, you shall not modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Company’s source code or underlying ideas, techniques, or algorithms.

Licensed Images
All images that are included in any MVMT Socials products are either the intellectual property of the Company, or they are licensed intellectual property that the Company has licensed from third parties for use in its products. These licences belong to the Company, and your purchase of any MVMT Socials products does not constitute a purchase, lease, assignment, or transfer of any licences to these images contained within the products. By accepting these terms and conditions, you understand and agree that you will not tamper with, sell, transfer, copy, modify, or otherwise edit any of the licensed images in the MVMT Socials products.

You understand that the Company has multiple licensing agreements with third parties who are providing these images to the Company for its products. These licensing agreements do not grant you any rights in these images, or any permissions otherwise to use the images except as expressly instructed by the Company for customising your MVMT Socials product in the manner so established by the Company. Any violation of the rights of either the Company’s rights or the third-party licensors’ rights will be considered a breach of this Agreement.

You understand that if you do breach this provision, each violation will result in a charged fee of five thousand dollars ($5,000.00), as a fee and not a penalty, that you will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all MVMT Socials products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third-party licensors’ rights.

Licensed Fonts
By using this Site, along with any MVMT Socials branded products, you understand and agree that you will be exposed to various fonts that are integrated into their software. These fonts represent licensed software packages from third-party vendors that have entered into agreements with the Company to use their software in the MVMT Socials branded products. You are not entitled to in any way modify, copy, transfer, or otherwise make use of these fonts beyond their intended uses within the MVMT Socials products. You may not alter the MVMT Socials products in any way that would remove or otherwise compromise the fonts that are included in them in some way that would violate any of the rights held by the Company or of the third-party licensors. You are only permitted to modify the fonts within the parameters of the MVMT Socials products customisation features, and any unauthorised modifications that exceed these parameters will be considered a violation of this provision.

You understand that if you do breach this provision, each violation will result in a charged fee of five thousand dollars ($5,000.00), as a fee and not a penalty, that you will be obligated to pay to the Company as liquidated damages for each violation of their licensed property. You will be required to immediately halt all use of all MVMT Socials products and will be responsible for all costs and expenses incurred by the Company in connection with the collection of this charged fee for violating the Company or third-party licensors’ rights.

Permission to Use Written Copy
The Company includes multiple examples of copy, writing, or text within the MVMT Socials branded products that they sell. When you purchase these products from the Company, you are granted permission to modify, edit, copy, or otherwise change the text that is contained within the MVMT Socials branded products. The Company recommends that you use the copy that is contained within the products as an example that you may use to inspire your own words that you may want to use. You are responsible for making these edits and modifications to the copy when you purchase a product from the Company on its Site, and you understand that the Company is not responsible for assisting you or otherwise making any changes to the copy for you. Additionally, you understand that other purchasers may be utilising the same copy.

MVMT Socials Credit
The Company strongly recommends that you include a credit to the Company in your website footer when you use a MVMT Socials branded product. It is not mandatory, but the Company recognises that customers who participate in crediting the MVMT Socials brand are valuable customers. No compensation will be granted for offering a credit to the Company, but you may be asked to participate in future marketing efforts by the Company that could use your brand or image as part of the marketing effort by highlighting successful examples of the Company’s work. This credit does not guarantee your participation in any future marketing campaigns of the Company, but it may elevate you in the Company’s consideration by highlighting your previous endorsement of the Company’s brand.

Editing and Updating MVMT Socials Products
The Company has produced the products and services on its Site for the purpose of providing you with a template that you can customise to fit your unique needs as part of your online brand and presence. You understand that you are responsible for editing the template once you have received it to ensure that it will function properly on your website. The Company is not required to assist you in setting up the template once you have received it. You may contact the Company if you are experiencing any technical issues not of your own creation so that the Company may discover the issue and attempt to correct it if it is an issue inherent in the software. You are permitted to edit the template within the boundaries, parameters, and instructions that are built into the template. You are not permitted to edit the template beyond the established boundaries, and any attempt to do so will result in a violation of these terms and conditions and will void your licence to use the template.

User Generated Contributions
The Site 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 Site, 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 Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution Licence
By posting, sharing, or submitting your Contributions to any part of the Site, 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 licence 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 (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur through any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and 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 waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. It is your responsibility to review this policy for any changes or updates to the "Last updated" date, and if such an update has occurred then to examine these terms and conditions for the newest provisions or modifications.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site 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 Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Queensland applicable to agreements made and to be entirely performed within the State of Queensland, without regard to its conflict of law principles.

Corrections
There may be information on the Site 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 Site at any time, without prior notice.

User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. 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 Site. 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.

Electronic Communications, Transactions, and Signatures
Visiting the Site, 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 Site, 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 SITE. 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.

Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
MVMT Socials
Brisbane, Australia
Email: hello@mvmtsocials.com