By visiting, using and/or submitting information to www.motionpoint.com, www.keycontent.com, www.getgloby.ai, www.marketfully.com,
their sub-domains, and all affiliated sites (collectively the “MarketFully Sites”), you agree to be bound by the terms and conditions of this Agreement of Terms of Use (this “Agreement”). 请仔细阅读本协议。 If you do not want to agree to this Agreement or the Privacy Statement, you must not access or use the MarketFully Sites.
For purposes of this Agreement, the terms “we,” “us,” or “our” means MotionPoint Corporation, a Florida corporation, doing business as GetGlobby, MarketFully, and Key Content (collectively, “MarketFully”).
请注意：本协议包含一份仲裁所有索赔以及担保和责任免责声明的协议。您只能以个人身份向我们提出索赔或寻求补偿（包括经济、强制和宣告性补偿），不得参与任何集体或代表人诉讼或法律程序。
In the event of a conflict between this Agreement and any contract you have with us, the terms of that contract will control to the extent of the conflict.
对价和您对本协议的遵守
您承认，本协议由合理且有值的对价支持，您已收取此对价并且对价合理。 Such consideration includes, without limitation, your ability to access, use or interact with the MarketFully Sites. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, we may monitor your access and use of the MarketFully Sites in accordance with our Privacy Statement.
The MarketFully Sites are not Intended for Minors
The MarketFully Sites are not intended to be used by, and is not directed to, anyone under 18 years of age. 您确认，您已年满18岁。如果我们收到有关某位用户未满13岁的投诉，我们将依照1998年《儿童网络隐私保护法案》（“COPPA”）采取相应行动。
Your Access and Use of the MarketFully Sites
Your right to access and use the MarketFully Sites is personal to you and is not transferable by you to any other person or entity. You are entitled to access and use the MarketFully Sites only for lawful purposes and pursuant to the terms and conditions of this Agreement.
Your access and use of the MarketFully Sites may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the MarketFully Sites or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of the MarketFully Sites and/or any portion or feature of the MarketFully Sites at any time in our sole discretion and without prior notice. We will not be liable if for any reason all or any part of the MarketFully Sites is unavailable at any time or for any period.
Any action by you that, in our sole discretion:
(i) violates the terms and conditions of this Agreement;
(ii) restricts, inhibits or prevents any access, use or enjoyment of the MarketFully Sites; or
(iii) through the use of the MarketFully Sites, defames, abuses, harasses, offends or threatens,
shall not be permitted, and may result in your loss of the right to access and use the MarketFully Sites.
您的个人信息和安全
您个人信息的完整性。 To access the MarketFully Sites or the resources the sites offer,
you may be asked to provide certain registration details or other information (“Your Information”). 向我们提供您的个人信息，即表示您同意提供真实、最新、完整和准确的信息，并且必须如实表明自己的身份。您还同意，将您的个人信息保持为最新状态，并且如果您的个人信息出现任何变更，您会相应更新个人信息。 Our collection, use and disclosure of Your Information is governed by this Agreement
and our privacy statement.
您必须安全保存我们向您提供的任何密码。 If the MarketFully Sites require you to create a password
to use certain portions of the MarketFully Sites, or use a password you have created with a third party,
then it is your sole responsibility to maintain the security of that password. 您同意，我们将不会为由于第三方对您密码的授权或非授权使用而造成的任何损失承担责任。
You shall not allow any person under the age of 18 to use any the MarketFully Sites service via your registration or password.
请务必告知擅自使用的行为。 You agree to immediately notify us of any unauthorized use of your password,
any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other information-security incident
known to you in connection with any product or service available on the MarketFully Sites by sending an e-mail to: privacyofficer@motionpoint.com.
Transmissions, Submissions and Postings to the MarketFully Sites
If you transmit or submit information to the MarketFully Sites, you (1) automatically grant us and our affiliates and assigns the worldwide, fully-paid, royalty-free, sublicensable, transferable, and exclusive right and license to use, copy, format, adapt, publish, distribute and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below) and (2) represent and warrant that you have the authority to provide those rights and licenses. 上述由您授予的许可具有永久性和不可撤销性。
You shall not transmit or submit the following to the MarketFully Sites:
- 侵犯我们或第三方版权、专利、商标、商业秘密或其他专有权利的信息；
- 违反任何法律、法规、条例或规章的信息；
- 具有商业诽谤、非法威胁、非法骚扰、诋毁、淫秽、露骨或粗俗性质的信息，或有损我们或第三方利益或侵犯我们或任何第三方公开权或隐私权的信息；
- 包含任何病毒、蠕虫、特洛伊木马、陷门、后门、复活节彩蛋、定时炸弹、取消标志或其他代码，或具有传播性或破坏性或旨在损害、干扰、暗中拦截或利用任何系统、数据或个人信息的计算机编程程序的信息；
- 包含或构成连锁信、群发邮件、垃圾邮件、传销、索要钱财、政治宣传或任何形式的“垃圾邮件”的信息；
- 虚假、失实或有误导性的信息；
- 未经我们书面许可的商业广告或劝诱；或
- Federally trademarked and/or copyrighted information without the owner’s written permission.
我们的知识产权
Our, and our affiliates', trademarks and trade dress in the United States and/or other countries are collectively the "Proprietary Marks." The Proprietary Marks include, but are not limited to: the names "WWW.MOTIONPOINT.COM," "MOTIONPOINT," "TRANSMOTION WEBCATT," "TRANSCOPE," "ONE-LINK DEPLOYMENT," "TRANSSYNC," "WEBCATT," "MOTIONPOINT WEBSITE TRANSLATION," and "TRANSMOTION," and our graphics, logos, page headers, button icons, scripts, and service names. 未经我们事先明确书面许可，您不得使用这些专有标志，我们可自行酌情决定不提供许可。 We make no proprietary claim to any third-party names, trademarks or service marks appearing on the MarketFully Sites. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, the MarketFully Sites (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, us or our Content suppliers. 我们还拥有选择、协调、安排、展示、显示和增强内容的合著作（“合著作”）的版权。 All software used on the MarketFully Sites (the "Software") is our property or the property of our software vendors and is protected by United States and international copyright laws. 浏览、阅读、打印、下载或使用内容和/或合著作并未授予您此等内容、合著作或软件的任何所有权或知识产权。
You shall be solely responsible for any damage resulting from your infringement of our or any third party’s intellectual property rights
regarding the Proprietary Marks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates
as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same
for purposes that are contrary to the terms and conditions of this Agreement.
您对内容的使用
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of:
(i) one machine-readable copy;
(ii) one backup copy; and
(iii) one print copy,
for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials as to the foregoing manifestations
of the Content and the Collective Work.
You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale or rental,
decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
除非美国版权法另有许可，否则在未经我们事先明确书面许可的情况下，不得出于除本协议许可的非商业目的以外的其他目的复制、传播、再传播、传输、发行或使用内容和合著作，我们可自行酌情决定不提供许可。
未经我们事先明确的书面许可，您不得使用任何Meta标记或任何其他采用我们的名称或商标的“隐藏文本”，我们可自行酌情决定不提供许可。
访问和干扰
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the MarketFully Sites or any portion of the MarketFully Sites or for any other purpose, without our express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the MarketFully Sites without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the MarketFully Sites or any activities conducted on the MarketFully Sites; or (iv) bypass any measures we may use to prevent or restrict access to the MarketFully Sites.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the MarketFully Sites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. 我们保留在一般或特定情况下撤销这些例外限制的权利。 You shall not collect or harvest any personally identifiable information, including account names, from the MarketFully Sites. You shall not use any communication systems provided on the MarketFully Sites (i.e., forums or email) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any users of the MarketFully Sites without our prior, written consent, which consent may be withheld in our sole discretion.
电子通讯
When you visit the MarketFully Sites or send email to us, you are communicating with us electronically. 您同意接收我们的电子通讯。 Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or by posting notices on the MarketFully Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
第三方链接
There may be provided on the MarketFully Sites links to other websites belonging to our advertisers, business partners, affiliates and other third parties. 提供此等链接并不代表我们推荐使用这些网站或这些网站上的产品和服务。我们不会就这些网站上的活动或政策承担责任。我们并未认可或推荐任何特定广告商、商业合作伙伴、关联机构或其他第三方的产品。
我们不作声明或保证
You acknowledge that we cannot guarantee the continuous operation of or access to the MarketFully Sites.
You further acknowledge that operation of and access to the MarketFully Sites may be interfered with
as a result of technical issues or numerous factors outside of our control.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE MARKETFULLY SITES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MARKETFULLY SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE MARKETFULLY SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MARKETFULLY SITES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE MARKETFULLY SITES IS AT YOUR SOLE RISK.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE MARKETFULLY SITES, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE MARKETFULLY SITES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE MARKETFULLY SITES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE MARKETFULLY SITES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
The MarketFully Sites is controlled and offered by us from our facilities in the United States of America. We make no representations that the MarketFully Sites is appropriate or available for use in other jurisdictions. If you access or use the MarketFully Sites from other jurisdictions, you do so by your own volition and are solely responsible for compliance with local law. Notwithstanding the foregoing, you agree that you will not use the MarketFully Sites or any content obtained from the MarketFully Sites in a manner prohibited by any applicable laws, restrictions or regulations.
我们的责任限制
WE SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE MARKETFULLY SITES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE MARKETFULLY SITES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK; OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE MARKETFULLY SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MARKETFULLY SITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILIATES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY TO YOU AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU - ARISING OUT OF THIS AGREEMENT - SHALL NOT EXCEED $100.
您明确表明，我们不应为任何第三方的冒犯或非法行为承担责任，并且第三方此等行为造成的危害风险或损害完全由第三方承担。
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES
THAT ARISE OUT OF OR IN CONNECTION WITH OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY,
CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION
PREVENTING ANY EXPLOITATION OF ANY PROPERTY (REAL OR PERSONAL, TANGIBLE OR INTANGIBLE)
OWNED OR CONTROLLED BY, OR LICENSED TO, US, OUR AFFILIATES, PARTNERS AND/OR LICENSORS.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MARKETFULLY SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. 否则，此诉讼因由将被永久禁止。
某些州的法律不允许对暗示的保证进行限制，或对某些损害赔偿进行排除或限制。如果这些法律适用于您，则上述免责、排除或限制条款可能不适用于您。
您对我们的保障
You shall defend, indemnify and hold harmless us and our officers, directors, shareholders,
employees, independent contractors, agents, representatives and affiliates from and against
all claims and expenses, including, but not limited to, attorneys’ fees, arising out of,
or attributable to:
(i) your breach or violation of this Agreement;
(ii) your failure to provide accurate, complete and current personally identifiable information
requested or required by us;
(iii) your access or use of the MarketFully Sites;
(iv) access or use of the MarketFully Sites under any password that may be issued to you; and/or
(v) your transmissions or submissions to the MarketFully Sites.
本协议的修订
我们有权自行酌情随时修订本协议。本协议的修订将发布于此。 Amendments will take effect immediately upon our posting of the updated Agreement on the MarketFully Sites. You are encouraged to revisit this Agreement from time to time in order to review any amendments that have been made. Your continued access and use of the MarketFully Sites following the posting of any amendments shall automatically be deemed your acceptance of the amendments.
我们的补偿措施
您承认，如果本协议未具体执行，则我们可能受到不可弥补的损害，并且法定损害赔偿可能不足以弥补我们的实际损失。因此，如果您违反或威胁违反本协议的任何条款，除了所有权利和补偿之外，我们还可在未出现实际损害或发布禁令保证和/或实际履行本协议条款的基础上，申请限制此等违背或威胁违背协议条款行为的禁令。
For purposes of this Section, you agree that any action or proceeding with regard to such injunction shall be brought in the courts of record of Broward County, Florida, or the United States District Court for the Southern District of Florida. 您认可上述法院的司法管辖权，并且放弃针对此类诉讼或法律程序在上述法院的指定审判地点提出异议。 You agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws.
适用的法律；仲裁
This Agreement is governed by the internal laws of the State of Florida, without regard to its conflicts of laws principles. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement (except for an injunctive action) shall be referred to final and binding arbitration before a single arbitrator under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida.
您和我们达成一致意见，双方仅可以个人身份向对方提起索赔，而不得参与任何目的的集体或代表人诉讼或法律程序。除非您和我们另行同意，否则仲裁员不得合并仲裁或加入多人或多方索赔，并且不得主持任何形式的合并、代表人和集体诉讼法律程序。
YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE MARKETFULLY SITES, YOU CONSENT TO THESE RESTRICTIONS.
You and we shall select the arbitrator. If we cannot agree within 30 days, the American Arbitration Association will select one. Arbitration shall not commence until the requesting party deposits $1,000 for arbitrator fees and costs.
Judgment upon any award rendered by the arbitrator shall be final and binding. In no event shall either you or we be entitled to punitive damages, and both parties waive rights to any punitive or special damages.
Should arbitration become inapplicable or unenforceable, jurisdiction and venue shall be exclusively in the state and federal courts
in Broward County, Florida.
其他事项
If any portion of this Agreement is deemed unlawful, void or unenforceable, only that portion shall be stricken,
and the remainder shall remain enforceable.
The headings used in this Agreement are for convenience only and do not affect interpretation.
All covenants, agreements, representations and warranties in this Agreement shall survive your acceptance and termination of the Agreement. This Agreement represents the entire understanding between you and us and supersedes all previous agreements regarding the subject matter.
Contact Information
If you have questions, comments, concerns or feedback regarding this Agreement or the MarketFully Sites, please contact us:
Via e-mail: webmaster@motionpoint.com
美国或国际邮件：
MotionPoint Corporation
4661 Johnson Road, Suite 14
Coconut Creek, FL 33073
Attn.: WebMaster