Terms and Conditions

MOVEMBER GENERAL TERMS

Date of last revision: 1 September 2016

This section sets out the terms that apply to your use of the Movember website and the Movember mobile apps (together, Services).  Your continued use of our Services indicates to Movember that you agree with these General Terms, as updated from time to time.  We may change these General Terms from time to time, so please check back regularly.
  1. Content created by Movember - Movember owns or license from third parties all of the trademarks, copyright and other intellectual property that exists in the Services.  You must not copy or reproduce in any form any of the graphics, logos or other material from our Services unless you have our specific permission.  For the avoidance of doubt, you have our permission to download material from the Downloads page on our website, subject to the restrictions noted on that page.
     
  2. Content posted by you - Any content that you post to our Services (eg photos, videos and comments) is your responsibility, and you must make sure that you have the necessary rights to post that content (eg by obtaining permission of copyright owners if necessary or by obtaining permission to use personal information of third parties).  By posting any content, you also give Movember a non-exclusive, transferable, royalty-free worldwide right to use and reproduce that content.
     
  3. Third party copyright infringement – Movember follows the provisions of the Digital Millennium Copyright Act and other relevant copyright legislation as applicable.  If you believe that someone else is using your copyright or trademark without your permission, please contact us at info.nz@movember.com to report the infringement.
     
  4. Respect the Mo Community – Stay respectful by adhering to the following:
     
    a. You must not collect user’s content using automated means
    b. You must not interfere with our website, upload viruses or other malicious code
    c. You must not bully, intimidate or harass anyone
    d. You must not post any content that infringes or violates someone else’s rights, or otherwise violates the law, or that is discriminatory, hateful, pornographic, threatening or violent
     
  5. Movember’s disclaimer – Movember takes great care with its Services and we endeavour to keep them accurate, error-free, and free of any offensive material.  However, you use the site at your own risk and Movember will not be liable for any costs or losses you incur through your use of our Services.  Whilst we may include on our Services links to third party websites or resources, Movember is not responsible for such third parties and you use those websites or resources at your own risk.
     
  6. Hosting a Movember Event – By registering to host a Movember Event, including any Move-style Event, you accept that you are responsible for the organisation and running of the Movember Event, which includes acquiring any necessary permits, permissions and/or insurance required to host such an event. There may be risks and dangers inherent to a Movember Event, and by choosing to host it you understand and accept that Movember will not have any liability in relation to any injury, damage or loss incurred in connection with your Movember Event.

  7. Participating in a hosted Movember Event – You acknowledge that if you participate in a Movember Event of any sort, including a Move-style Event, you do so at your own risk and that Movember will not have any liability in relation to any injury, damage or loss you suffer as a result.

  8. Your Move – Any Move challenges, events and activities (including any challenges you set for yourself) should only be undertaken with consideration given to your existing physical health, any medical conditions you may have and advice from appropriate health professionals. The information provided on this site, and any linked sites, is not a substitute for medical or professional care or advice particularly in relation to the suitability or safety of any given Move. Movember will not have any liability in relation to any injury, damage or loss related to your involvement in a Move challenge or activity.
     
  9. Movember Event RSVPs and Tickets – If you attend an official Movember Event, you will need to comply with any additional terms in the RSVPs, on the tickets and/or as notified to you by Movember prior to or at the Movember Event.
     
  10. Refunds – if you have made a donation in error, Movember is happy to refund you provided you notify Movember as soon as possible and in any event prior to the April 30 following receipt of your donation (eg for a donation made November 2016, notification is required by 30 April 2017; for a donation made in May 2017, notification required by 30 April 2018).  If you wish to request a refund then please contact us using the contact details in the Contact Us section of the Movember website relevant to the country in which you live.

  11. Movember’s rights - Movember may remove any content posted by you, or prevent access by you to our Services at its entire discretion.  Any failure by Movember to enforce our rights under these General Terms is not a waiver and we remain entitled to enforce our rights.

  12. Entities and governing law – the Movember entity and relevant law governing these General Terms depends on the country in which you live:

    a. If you live in the USA, these General Terms form an agreement between you and Movember Foundation subject to the laws of California, USA;
    b. If you live in Canada, these General Terms form an agreement between you and Movember Canada, subject to the laws of Ontario, Canada;
    c. If you live in the UK or a country that forms part of the EEA (except for Germany), these General Terms form an agreement between you and Movember Europe, subject to the laws of England and Wales;
    d. If you live in New Zealand, these General Terms form an agreement between you and the Movember Foundation New Zealand, subject to the laws of New Zealand;
    e. If you live in Germany, these General Terms form an agreement between you and Movember Foundation e.V, subject to the laws of Germany; and
    f. If you live in Australia, or in any other place not covered by paragraphs a, b, c, d or e above, these General Terms form an agreement between you and The Movember Group Pty Ltd as trustee for the Movember Foundation, subject to the laws of Victoria, Australia.

 

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