Thank you for your interest in INMOTION Technology Co., Ltd. and its affiliated companies
(collectively, “INMOTION”) and in the various websites provided by INMOTION, including our website
at https://www.inmotionworld.com/ and all associated sites linked to https://www.inmotionworld.com/
by INMOTION (collectively, the “Site”). Please read the following terms and conditions carefully. By
accessing the Site or any of the services provided to you through the Site, you acknowledge that you
have read, understood, and agree to be bound by the following terms and conditions and the INMOTION
Privacy Policy (available at https://www.inmotionworld.com/) (together, these “Terms”). If you are
not eligible or do not agree to any of the Terms, then you may not access the Site.
These Terms provide that all disputes between you and INMOTION will be resolved by BINDING
ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under
these Terms, except for matters that may be taken to small claims court. Your rights will be
determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a
class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the
details regarding your agreement to arbitrate any disputes with INMOTION.
1. ELIGIBILITY
You must be at least 16 years of age to access the Site. By agreeing to these Terms, you represent
and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been
suspended or removed from the Site; and (c) your access to the Site is in compliance with all
applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization,
or company, you represent and warrant that you have the authority to bind that organization to these
Terms and you agree to be bound by these Terms on behalf of that organization.
2. ACCOUNTS AND REGISTRATION
To access certain features of the Site, such as when you participate in the INMOTION Forum, you may
be required register for an INMOTION account. When you register for an INMOTION account, you will be
required to provide us with some information about yourself, such as your email address or other
contact information. You represent and warrant that the information you provide to us is accurate
and that you will keep it accurate and up-to-date at all times. When you register, you will be asked
to provide a password. You are solely responsible for maintaining the confidentiality of your
INMOTION account and password, and you accept responsibility for all activities that occur under
your INMOTION account.
3. PURCHASES; ADDITIONAL TERMS AND CONDITIONS
Purchases of goods or services, and specific sections of the Site may be subject to additional terms
and conditions; all additional terms are incorporated into these Terms by reference. You agree to
abide by all such other terms and conditions, including representations of having sufficient legal
age to use certain portions of the Site or services. If there are any conflicts between these Terms
and terms that are specific to a section of the Site or specific to a particular service offered by
the Site, you agree that the latter terms will control with respect to your use of that section of
the Site or those particular services.
4. USER CONTENT
4.1 User Content Generally.
Certain features of the Site, may permit users to upload content to the Site, including messages,
reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and
to publish User Content on the Site. You retain copyright and any other proprietary rights that you
may hold in the User Content that you post to the Site.
4.2 Limited License Grant to INMOTION
By posting or publishing User Content, you grant INMOTION a worldwide, non-exclusive, royalty-free,
fully paid right and license (with the right to sublicense) to host, store, transfer, display,
perform, reproduce, modify for the purpose of formatting for display, and distribute your User
Content, in whole or in part, in any media formats and through any media channels now known or
hereafter developed.
4.3 Limited License Grant to Other Users.
By posting or sharing User Content with other users of the Site, you grant those users a
non-exclusive license to access and use that User Content as permitted by these Terms and the
functionality of the Site.
4.4 User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User
Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a). you are the creator and owner of the User Content, or have the necessary licenses, rights,
consents, and permissions to authorize INMOTION and users of the Site to use and distribute your
User Content as necessary to exercise the licenses granted by you in this section, in the manner
contemplated by INMOTION, the Site, and these Terms;
b). your User Content, and the use of your User Content as contemplated by these Terms, does not and
will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of
privacy, publicity or other property rights of any other person; or (iii) cause INMOTION to violate
any law or regulation.
4.5 User Content Disclaimer.
INMOTION is under no obligation to edit or control User Content that you or other users post or
publish, and will not be in any way responsible or liable for User Content. INMOTION may, however,
at any time and without prior notice, screen, remove, edit, or block any User Content that in our
sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing
the Site you will be exposed to User Content from a variety of sources and acknowledge that User
Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive,
any legal or equitable right or remedy you have or may have against INMOTION with respect to User
Content. We expressly disclaim any and all liability in connection with User Content. If notified by
a user or content owner that User Content allegedly does not conform to these Terms, we may
investigate the allegation and determine in our sole discretion whether to remove the User Content,
which we reserve the right to do at any time and without notice. For clarity, INMOTION does not
permit copyright-infringing activities on the Site.
4.6 Digital Millennium Copyright Act
a). DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act
applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a
copyright-related complaint about material posted on the Site, you may contact us
Address: INMOTION TECHNOLOGIES CO., LTD
18F, B1, Nanshan i Park, No.1001 Xueyuan Ave.,
Nanshan District, Shenzhen,China
Email: service@imscv.com
PLEASE NOTE THAT UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL
IS INFRINGING,
YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
a).Any notice alleging that materials hosted by or distributed through the Service infringe
intellectual property rights must comply with elements of notification as described in 17 U.S.C.
§512.
b). Repeat Infringers. INMOTION will promptly terminate without notice the accounts of users that
are determined by INMOTION to be “ Repeat Infringers.” A Repeat Infringer is a user who has been
repeatedly notified of infringing activity or has had User Content repeatedly removed from the Site.
5. USING THE SITE
By using the Site, and by entering into these Terms, you represent and warrant that your use of the
Site complies and will comply with all applicable laws, statutes, and regulations, and that you will
not use the Site except as expressly permitted under these Terms. For users located in China, you
agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law
of People’s Republic of China,” “Regulations on Protection of Computer Information System Security
People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic
Bulletin Site Management Requirements,” “Information Network Transmission Right Protection
Ordinance” and other applicable laws and regulations, the implementation approach. INMOTION reserves
the right to review, remove, or disable access to User Content in violation of the applicable laws
and regulations in China. INMOTION also welcomes users to report any User Content that is in
violation of applicable laws or regulations.
6. PROHIBITED CONDUCT
By using the site you agree not to.
6.1 Access the Site for any illegal purpose or in violation of any local, state, national, or
international law;
6.2 Conduct activities that may be harmful to others or that could damage INMOTION‘s reputation;
6.3 Violate, or encourage others to violate, any right of a third party, including by infringing or
misappropriating any third party intellectual property right or violating any third party’s right to
privacy;
6.4 Interfere with security-related features of the Site, including by: (a) disabling or
circumventing features that prevent or limit use or copying of any content; or (b) reverse
engineering or otherwise attempting to discover the source code of any portion of the Site except to
the extent that the activity is expressly permitted by applicable law;
6.5 Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a)
uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b)
making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect
personal information about another user or third party without consent; or (d) interfering with or
disrupting any network, equipment, or server connected to or used to provide the Site, or violating
any regulation, policy, or procedure of any such network, equipment, or server;
6.6 Perform any fraudulent activity in connection with your obtaining or accessing the Sites,
including impersonating any person or entity, claiming a false affiliation, accessing any other
INMOTION account without permission, or falsifying your age or date of birth;
6.7 Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in
Section 10) or any right or ability to view, access, or use any Materials;
6.8 Bypass any security or other features of the Site designed to control the manner in which the
Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in
a manner inconsistent with individual human usage;
6.9 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not
provided by us to access the Site or to extract data;
6.10 Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content,
or any portion thereof, unless and solely to the extent INMOTION makes available the means for
embedding any part of the Site or the User Content;
6.11 Access, tamper with, or use non-public areas of the Site, INMOTION’s (and any of its hosting
company’s) computer systems and infrastructure, or the technical delivery systems of INMOTION’s
providers;
6.12 Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe
or violate the rights of any other party;
6.13 Sell or otherwise transfer the access granted under these Terms or any Materials or any right
or ability to view, access, or use any Material;
6.14 Attempt to do any of the acts described in this Section 6, or assist or permit any person in
engaging in any of the acts described in this Section 6.
7. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SITE
If you violate any provision of these Terms, your permission from us to access the Site will
terminate automatically. In addition, INMOTION may in its sole discretion terminate your INMOTION
account or suspend or terminate your access to the Site at any time for any reason or no reason,
with or without notice. We also reserve the right to modify or discontinue the Site or features of
the Site at any time, temporarily or permanently, without notice to you. We will have no liability
whatsoever on account of any change to the Site or any suspension or termination of your access to
or access to the Site. Without limiting the foregoing, you understand and agree that in any
termination or suspension of your account or the Site, you will not have access to any data or
content posted to the Site or otherwise contained in the Site, and we will have no responsibility to
provide you access to such data or content. You may terminate your INMOTION account at any time by
contacting customer service via at service@imscv.com.
8. PRIVACY POLICY; ADDITIONAL TERMS
8.1 Privacy Policy
Please read the INMOTION Privacy Policy carefully for information relating to our collection, use,
storage and disclosure of your personal information. The INMOTION Privacy Policy is incorporated by
this reference into, and made a part of, these Terms.
8.2 Additional Terms
1.1 Your access to the Site is subject to all additional terms, policies, rules, or guidelines
applicable to the Site (the “Additional Terms”), such as the INMOTION Forum Rules or the INMOTION
Store’s Terms of Sale. All Additional Terms are incorporated by this reference into and made a part
of these Terms.
9. MODIFICATION OF THESE TERMS
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time.
Please check these Terms periodically for changes. Modified versions of these Terms are effective
upon their publication. If we make material changes to the Terms, we will attempt to provide you
reasonable notice before such changes become effective. By continuing to access the Site, you agree
to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the
modified Terms, you must immediately cease your access to or use of the Site. Disputes arising under
these Terms will be resolved in accordance with the version of these Terms that was in effect at the
time the dispute arose.
10. OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by INMOTION. The visual interfaces, graphics, design, compilation,
information, data, computer code (including source code or object code), products, software,
services, and all other elements of the Site (“Materials”) provided by INMOTION are protected by
intellectual property and other laws. All Materials contained in the Site are the property of
INMOTION and its third-party licensors. Except as expressly authorized by INMOTION, you may not make
use of the Materials. INMOTION reserves all rights to the Materials not granted expressly in these
Terms.
11. FEEDBACK
If you choose to provide input or suggestions regarding problems with, or proposed modifications or
improvements to, the Site or any of the services or products made available by INMOTION
(“Feedback”), then you hereby grant INMOTION an unrestricted, perpetual, irrevocable, non-exclusive,
fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no
duty to make any payments to you for such exploitation.
12. INDEMNITY
You are responsible for your access to the Site. You will defend and indemnify INMOTION and its
officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the
“INMOTION Entities”) from and against every claim, liability, damage, loss, and expense, including
reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access
to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any
representation, warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (c) your violation of any third-party right, including any intellectual property right
or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue
between you and any third party. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you (without limiting your
indemnification obligations with respect to that matter), and in that case, you agree to cooperate
with our defense of that claim.
13. DISCLAIMERS; NO WARRANTIES.
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON
AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE
INMOTION ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE
SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE
INMOTION ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER
CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR
OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, OR ANY MATERIALS
OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE INMOTION
ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE
THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE
THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK,
AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD
PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE FOREGOING, INMOTION DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT INMOTION
IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE INMOTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER
INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS
OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT ANY INMOTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE INMOTION ENTITIES TO YOU FOR
ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE
OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES,
OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE
TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH
OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. GOVERNING LAW
These Terms are governed by the laws of the State of California without regard to conflict of law
principles. If a lawsuit or court proceeding is permitted under these Terms, then you and INMOTION
agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts
located within San Francisco County, California for the purpose of litigating any dispute. We make
no representation that the Site or any Materials included in the Site are appropriate or available
for use in your location.
16. GENERAL
You agree that the Site shall be deemed a passive website that does not give rise to personal
jurisdiction over INMOTION, either specific or general, in jurisdictions other than California.
These Terms and any other agreements expressly incorporated by reference into these Terms are the
entire and exclusive understanding and agreement between you and INMOTION regarding your access to
the Site. Except as expressly permitted above, these Terms may be amended only by a written
agreement signed by authorized representatives of all parties to these Terms. You may not assign or
transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or
otherwise, without our prior written consent. We may assign these Terms at any time without notice
or consent. The failure to require performance of any provision will not affect our right to require
performance at any other time after that, nor will a waiver by us of any breach or default of these
Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver
of the provision itself. Use of section headers in these Terms is for convenience only and will not
have any impact on the interpretation of any provision. If any part of these Terms is held to be
invalid or unenforceable, the unenforceable part will be given effect to the greatest extent
possible, and the remaining parts will remain in full force and effect. Upon termination of these
Terms, Sections 3 through 19, along with the Privacy Policy and any other accompanying agreements,
will survive.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Generally
In the interest of resolving disputes between you and INMOTION in the most expedient and cost
effective manner, you and INMOTION agree that every dispute arising in connection with these Terms
will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited
discovery than in court, and can be subject to very limited review by courts. Arbitrators can award
the same damages and relief that a court can award. This agreement to arbitrate disputes includes
all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim
arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INMOTION ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions
Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or
otherwise limit the right of either party to: (a) bring an individual action in small claims court;
(b) pursue an enforcement action through the applicable federal, state, or local agency if that
action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of
law to address an intellectual property infringement claim.
17.6 No Class Actions
YOU AND INMOTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and INMOTION agree otherwise, the arbitrator may not consolidate more than
one person’s claims, and may not otherwise preside over any form of a representative or class
proceeding.
17.7 Modifications of This Arbitration Provision
If INMOTION makes any future change to this arbitration provision, other than a change to INMOTION's
address for Notice, you may reject the change by sending us written notice within 30 days of the
change to INMOTION’s address for Notice, in which case your account with INMOTION will be
immediately terminated and this arbitration provision, as in effect immediately prior to the changes
you rejected will survive.
17.8 Enforceability
If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be
unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.6)
will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue
described in Section 15 will govern any action arising out of or related to these Terms.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Site, you consent to receiving certain electronic communications from us as further
described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic
communications practices. You agree that any notices, agreements, disclosures, or other
communications that we send to you electronically will satisfy any legal communication requirements,
including that those communications be in writing.
19. CONTACT INFORMATION
The Site is offered by INMOTION TECHNOLOGIES CO.,LTD. and its affiliated companies, located at 18/F,
Building B1, Nanshan iPark, No.1001 Xueyuan Ave., Nanshan District,
Shenzhen, Guangdong Province, China 518055. You may contact us by sending correspondence to that
address or by emailing us at service@imscv.com.