​​BY ACCESSING ANY OF THE MoveMy PLATFORMS YOU CONFIRM THAT YOU ARE OF LEGAL DRINKING AGE IN YOUR RESPECTIVE COUNTRY.

USER AGREEMENT

By using the MoveMy platform and all services provided by MoveMy, you agree to be subject to the following user agreement. If you do not agree with any of the terms of this agreement, do not access or otherwise use this platform or any services contained on the MoveMy platform. Using the MoveMy platform shall be deemed to be your agreement to adhere to each of the terms below. We can change this agreement at any time by updating the user agreement on this platform and MoveMy may send registered users email communication of the changes. If any changes are unacceptable to you, you shall stop using the platform. If you do not stop using this platform, you will be conclusively deemed to have accepted the changes. Contact us if you have any questions about the above on info@MoveMyDrinks.com.

WHO CAN USE THE MoveMy PLATFORMS?

If you can form a binding contract with MoveMy, you may use the platform and only in adherence with this Agreement and all applicable provincial, national, and international laws, rules, and regulations. You must be over the age of 18 to use or access the platform. The platform may not be available for use to any Users previously removed by MoveMy.

ACCOUNTS

Your account gives you access to the functionality and services that we may establish and maintain from time to time. We have sole discretion. MoveMy may maintain different kinds of accounts for different kinds of Users. We may, change, modify, cease providing the platform or features of the platform, to you or to Users generally; or create usage limits for the platform, at any time, without prior notice, in our sole discretion. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to any of the MoveMy platforms with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

USER ACCOUNT, PASSWORD, AND SECURITY

You will receive a password and user account upon completing the registration process. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify MoveMy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the

end of each session. MoveMy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may control your User profile and how you interact with the platform by changing the settings in your account.

By providing MoveMy your email address you consent to us using the email address to send you platform-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the platform and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Edit Profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Some portions of the platform may allow you to share with or contribute to other Users. Access to shared content will be made available only to those Users who are authorized by the creator or someone authorized by the creator may share content.

USER CONDUCT

In using this platform, you agree to not:

a. download, upload, publish, email or otherwise transmit any materials including but not limited to text, fonts, photos, data, graphics, stitch files, or any of these elements in combination (content) that are harmful, unlawful, threatening, abusive, vulgar, harassing, profane, defamatory, obscene, pornographic,

inflammatory, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.

b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

c. download, upload, publish, email or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a rule of thumb, you may contribute only original designs that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or design that you’ve copied from any platform without written permission from the owner. You cannot create an image using elements from images other people have created. And you cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content and that the content complies with all applicable provincial and local laws, regulations, and ordinances.

d. use any or all downloadable brochures for distribution electronically that competes with any of the services on the MoveMy platform (i.e. making it available for others to customize and download).  MoveMy determines what constitutes competition;

e. download, upload, publish, email or otherwise transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national, or international law;

f. download, upload, publish, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation (spamming);

g. download, upload, publish, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h. download, upload, publish, email or otherwise transmit false or misleading information;

i. disrupt or interfere with the security of, or otherwise abuse, the platform, or any services, system resources, accounts, servers, or networks connected to or accessible through the platform or affiliated or linked platforms.

j. access, tamper with or use non-public areas of the platform. Unauthorized individuals attempting to access these areas of the platform may be subject to prosecution;

k. disrupt or interfere with any other user’s enjoyment of the platform or affiliated or linked platforms;

l. frame or link to the platform except as permitted in writing by MoveMy;

m. incorporate images or names that would violate a person’s right of privacy or publicity; or

n. incorporate a celebrity, current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness.

 

Take note that MoveMy does not pre-screen Content, but that MoveMy and its designees shall have no obligation but the right to, in their sole discretion to reject or remove any Content that is available via the platform. Upon publishing your brochure, you acknowledge that MoveMy may review your brochure, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. MoveMy and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to MoveMy. You agree that you must peruse, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to MoveMy. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither MoveMy nor any other party involved with the production of any product incorporating such Content assumes that responsibility. Production of any product depicting your Content does not indicate that MoveMy approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that MoveMy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MoveMy, its users and the public.

You understand that the technical processing and operation of the platform, including your Content and brochures, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connection networks or devices.

Actions and communications undertaken under your account are your responsibility.

MoveMy takes no accountability and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against MoveMy and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the platform. You agree to indemnify MoveMy and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

You agree that you will use the MoveMy platforms and any products in accordance with all applicable provincial and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

PRIVACY POLICY

Your privacy is very important to MoveMy. Users of this platform should refer to our privacy policy for information about how MoveMy collects and uses personal information. By accepting this Agreement you expressly consent to MoveMy‚ disclosure and use of your personal information as described in the privacy policy.

 

PROPRIETARY RIGHTS

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the platform, by MoveMy, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the platform without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the platform, in violation of applicable copyright and other intellectual property laws.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to MoveMy (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to MoveMy upon their submission or communication to MoveMy, and you do assign all rights therein to MoveMy and agree that the same will automatically become the property of MoveMy and that MoveMy may use, sell, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose MoveMy may not elect, forever.

INTELLECTUAL PROPERTY POLICY

Please respect the intellectual property rights of others just like we do. If you infringe the copyright or other intellectual property rights of others we may terminate your accounts. Please notify us if you think your Content has been infringed upon by sending us a mail to info@MoveMyDrinks.com.

INDEMNITY

You agree to defend, indemnify and hold MoveMy and MoveMy officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, publish to or transmit through the platform, (b) your use of the platform, (c) your connection to the platform, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

NO RESALE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the platform, use of the platform or access to the platform without MoveMy express written consent.

TERMINATION

You agree that MoveMy, may terminate your password, account (or any part thereof) or use of the platform, and remove and discard any Content you may have contributed to the platform, at any time for any reason or no reason. MoveMy may also in its sole discretion and at any time discontinue providing the platform, or any part thereof, with or without notice. You agree that any termination of your access to the platform under any provision of this Agreement may be initiated without prior notice, and acknowledge and agree that MoveMy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the platform.

Further, you agree that MoveMy shall not be liable to you or any third-party for any termination of your access to the platform. This is all at MoveMy’s discretion. Should you object to any terms and conditions of the Agreement or become dissatisfied with the platform in any way, your only recourse is to immediately discontinue your use of the platform and/or terminate your account.

PUBLIC REPUTATION

You acknowledge and agree that you will not use any product ordered from the platform in a way that would be damaging to MoveMy public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product ordered from MoveMy, in a public setting, including on the Internet, in a way which disparages MoveMy, MoveMy board members, employees, shareholders or partners, MoveMy reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.

PAID SERVICES AND PRICING

MoveMy may amend fees and charges for existing services, or, add new services for additional fees and charges at any time in its sole discretion. The platform may be provided for a fee, subscription or other charge. If you elect to use paid aspects of the platform, you agree to the pricing and payment listed on the platform which we may update at any time. Prices for product and services are described on the platform and are incorporated into this Agreement by reference. Prices and products may change at MoveMy discretion.

PRODUCT DESCRIPTION

MoveMy provides a platform to easily produce beverage and other marketing brochures. MoveMy stores a collection of product pack shots submitted to us by principal suppliers. By providing a variety of templates, traders and suppliers can easily and speedily produce high quality brochures. We will do our very best to verify the accuracy of artwork but we don’t guarantee the accuracy of the artwork and their descriptions and does not warrant that product descriptions or other content of this platform is 100% accurate, complete, reliable, current, or error-free. It stays the responsibility of the user to verify quality and accuracy of content with its owners.

NO REFUNDS

No refunds. You may cancel your account at any time. In the event that MoveMy suspends or cancels your account or this Agreement, you agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

DISCLAIMER OF WARRANTIES

Your use of the platform is at your sole risk. This platform and the information, services, products, programs and materials available through it are provided on an as is and as available basis. To the fullest extent permissible pursuant to applicable law, MoveMy and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of

merchantability, fitness for a particular purpose and non-infringement. MoveMy does not make any warranty that (a) the platform or its content will meet your requirements, or (b) that the platform or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the platform will meet your expectations, or (d) that defects, if any, will be corrected. You agree that MoveMy shall have no responsibility for any damages suffered by you in connection with the platform or any content contained therein.

You expressly agree that use of this platform, including all content, data or software distributed by, downloaded or accessed from or through this platform, is at your sole risk. you understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that MoveMy does not control in any respect any information, products, or services offered by third parties on or through this platform. Except as otherwise agreed in writing, MoveMy and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this platform.

You acknowledge that MoveMy makes no warranty or representation that confidentiality of information transmitted through this platform will be maintained. No advice or information, whether oral or written, obtained by you from MoveMy or through or from the platform shall create any warranty not expressly stated in the agreement.

LIMITATION OF LIABILITY

Under no circumstances including, without limitation, its own negligence, shall MoveMy or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing MoveMy or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if MoveMy has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the platform; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the platform; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the platform or (e) any other matter relating to the platform. some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

SEVERABILITY

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

GENERAL

These terms and conditions and your relationship with MoveMy shall be governed by and construed in accordance with the applicable laws, without resort to its conflict of law provisions. MoveMy may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. MoveMy failure to act with respect to a breach by you or others does not waive MoveMy right to act with respect to subsequent or similar breaches. This Agreement, together with the Nonexclusive License Agreement constitutes the entire agreement between you and MoveMy, and supersedes all other communications, written or oral, with regard to the platform and services provided by MoveMy.

PROTECTION OF PERSONAL INFORMATION ACT

Information that we collect will be stored and processed in accordance with our Privacy Policy. However, we understand that we have users from different countries and regions with different privacy expectations, and we try to meet those needs.

LIMITATIONS

You may not use images for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to depicted persons, or to imply endorsement of products and services by identifiable persons, brands, organizations, etc. You may not claim ownership of any image in its original state, and you cannot license or sublicense images granting exclusive rights as they are.

Since MoveMy does not require a written Model Release for each Image that has identifiable people on it, We cannot guarantee that you will be able to use the Image for any purpose You like. Also, if there is a model release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it.

Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights.

MoveMy does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It is your and the Image uploader’s responsibility to make sure that all the necessary rights, consents and licenses for the use of the Images are provided.

You are not allowed to mass download Images with an application, or reuse a large quantity of the Images for redistribution on a similar platform.

MoveMy cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If you want to make sure, always contact the photographers. You use the platform and the photos at your own risk.