Last Updated: November 2, 2021
Movin' Monkeys, LLC and its affiliates, subsidiaries and parent companies (collectively, "Movin' Monkeys," “Movin' Monkeys Preschool", "us", "we" or "our") are pleased to provide you with access to and use of our websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials that we may provide.
Children MAY ONLY ACCESS AND/OR USE ANY Movin' Monkeys Preschool CONTENT WITH THE INVOLVEMENT AND APPROVAL OF a PARENT OR GUARDIAN.
1. Description of Service
These Terms of Services are applicable to all users of an online media services and content distribution Services and community providing Services to its website video streaming Services located under www.movinmonkeys.com and related domains, sub domains, and mobile and desktop applications & TV (individually and collectively the “Services”). These Terms govern your use of the Movin' Monkeys Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Movin' Monkeys.
2. Acceptance of Terms
Movin' Monkeys shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.
3. Access and Use of Service
Parent users accessing the Services must be at least thirteen (18) years of age. Movin' Monkeys makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.
4. Your Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. Movin' Monkeys specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by Movin' Monkeys.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts..
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Movin' Monkeys will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
5. User Information
You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. Movin' Monkeys reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.
If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.
Your privacy rights are set forth in our Privacy Policy located at <link to Privacy Policy>.
Company reserves the right to offer Movin' Monkeys or third party services and products to you and at any time thereafter, unless you opt-out of receiving third party services and products.
6. Username/Password/Security
You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.
You agree to immediately notify Movin' Monkeys of any unauthorized use of your username and password.
7. Use of Services
The Services are offered only for video streaming and related materials and is only a conduit for video streaming and related materials.
Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.
Movin' Monkeys grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on the Movin' Monkeys website and applications.
If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.
8. Important Notice About Safety
The content on Movin' Monkeys Does Not Constitute Medical Advice or Other Professional Healthcare Advice. Although Movin' Monkeys provides its content with your health and safety in mind, each individual and child has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all safety and other instructions provided by Movin' Monkeys, and obtain appropriate authorization before accessing or using any Movin' Monkeys content, especially if you are prone to injuries or have any other unique or special medical conditions. ALL Movin' Monkeys CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. The information made available on or through iChuze should not be relied upon when making medical or other important healthcare decisions. Movin' Monkeys DOES NOT PROVIDE CLINICAL SERVICES.
Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with Movin' Monkeys may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Movin' Monkeys from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with Movin' Monkeys.
9. Access to Services – Subscriptions & Purchases
We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends, unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or Movin' Monkeys cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by accessing your account from the top navigation menu of the Movin' Monkeys website, select billing and locate your subscription plan at the bottom of the page, click Change Plan and Cancel Membership. Your membership will be cancelled and your access will be removed at the end of your current payment period.
Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, Movin' Monkeys grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
Movin' Monkeys makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.
10. Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of Movin' Monkeys. Movin' Monkeys makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can change this information at anytime by logging into your video library, and clicking the settings tab under the username.
Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
11. User Comments and Suggestions
While Movin' Monkeys values user feedback, please be specific in your comments. If users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. Movin' Monkeys shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and Movin' Monkeys shall not be liable for any use or disclosure.
12. Intellectual Property
Movin' Monkeys and any other Movin' Monkeys trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Movin' Monkeys, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources, and graphics) is the sole and exclusive property of Movin' Monkeys and is protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
You agree that Movin' Monkeys owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries.
You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
13. Social Networking
Users may have the option to Twitter, Facebook or other social networking Services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
14. Use of Software
If the Services require or include downloadable software such as an app, or use of software provided by Movin' Monkeys for Publishers, Movin' Monkeys grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through movinmonkeys.com.
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of Movin' Monkeys. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require Movin' Monkeys to acquire users’ mobile phone numbers and perhaps additional such information in order to obtain access to the Software.
Users agree that Movin' Monkeys may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. Movin' Monkeys may use this information, as long as it is in a form that does not personally identify a user.
Movin' Monkeys shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated by the user or Movin' Monkeys at its sole discretion. User’s rights under this license will terminate automatically without notice if the user fails to comply with any terms of this License. Upon termination, the user shall cease all use of the Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
15. Copyright Infringement Notification
If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify Movin' Monkeys by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send Movin' Monkeys a counter-notice that includes the following:
Your name and address, and telephone number;
The source address of the removed content;
A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.
Please note that the United States Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.
Movin' Monkeys has designated Lisa Hyde as our agent to receive notices of claims of copyright infringement. You can contact lisa@movinmonkeys.com.
16. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MOVIN' MONKEYS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
MOVIN' MONKEYS DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, MOVIN' MONKEYS IS NOT RESPONSIBLE FOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
MOVIN' MONKEYS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES OR USER GENERATED CONTENT OFFERED OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
MOVIN' MONKEYS TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER MOVIN' MONKEYS NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM USE OF THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, BODILY INJURY, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS SERVICES OR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
MOVIN' MONKEYS IS NOT RESPONSIBLE FOR DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
17. Limitation of Libraries
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USER UNDERSTANDS AND AGREES THAT NEITHER MOVIN' MONKEYS NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF MOVIN' MONKEYS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOVIN' MONKEYS MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES.
18. Indemnification
USERS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MOVIN' MONKEYS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY USER GENERATED CONTENT OR COMMUNICATIONS, OR (III) YOUR BREACH OF THE TERMS OF THIS AGREEMENT. MOVIN' MONKEYS SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. MOVIN' MONKEYS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION.
19. Communications
By using the Services you consent to receive electronic communications from Movin' Monkeys. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
20. Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and the Company.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of <State company is registered in> applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of <State company is registered in> in connection with any action arising out of or related to these Term of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
You may not assign these Terms of Service or any of your rights or obligations hereunder.
Except as expressly specified herein, this Agreement shall create rights and obligations only between Movin' Monkeys and each individual user and it does not create any rights for any other parties.