Locator Signup

This form will register you with the movcast Locator system. The movcast Locator will allow you to share your geographical location with other users of the system, and give you the ability to see their locations. Additional features include street level mapping of your location and automated driving directions!
Requirements:
To use the movcast Locator System you will need the following:
Microsoft PocketPC, Handheld PC or Smartphone powered by Windows Mobile
imov Messenger Enterprise Edition v1.14ee or higher installed on a PocketPC, Handheld PC or Smartphone
Your Jabber ID:
(example: joe@movsoftware.com)
Email Address:
First Name:
Last Name:
Choose a Password:
(password needs to be a combination of letters and numbers only)
Retype Password:
Website Link:(optional)
What is this?
Send me an instant message when a new version of imov Messenger is available
Device Type:
Agreement:
You may only use the movcast Locator Services for your own personal and non-commercial purposes. You must enter into a different legal agreement with mov Software if you wish to offer the movcast Locator Services to users of your own application, Web site, or Web service. You may not use any software or hardware that reduces the number of users directly accessing or using the movcast Locator Services (sometimes called "multiplexing" or "pooling" software or hardware).

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services that are part of the movcast Locator Services except as expressly provided in these Terms of Use.

PRIVACY AND PERSONAL INFORMATION

You are required to have a movcast Locator account to use the movcast Locator Services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. mov Software agrees that it will only use your personal information in accordance with the terms of the movcast Locator Privacy Statement at http://www.movsoftware.com/locator/Consumer/PrivacyPolicy.asp.

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify mov Software immediately of any unauthorized use of your account. mov Software is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES

The Web pages that are part of the movcast Locator Services may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of mov Software and mov Software is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. mov Software is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is mov Software responsible if the Linked Site is not working appropriately. mov Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mov Software of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the movcast Locator Services or are identified in the Web pages that are part of the movcast Locator Services, including the delivery of and payment for goods and services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the movcast Locator Services, you agree that you will not use the movcast Locator Services for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the movcast Locator Services in any manner that could damage, disable, overburden, or impair the movcast Locator Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any movcast Locator account, computer systems or networks associated with the movcast Locator Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the movcast Locator Services.

TERMS OF USE FOR MOVCAST LOCATOR - PARTICIPATING SITES AND SERVICES

These Terms of Use apply to you whenever you access or use any movcast Locator Services. When you use the movcast Locator Services to gain access to any movcast Locator- participating site or service, the terms and conditions associated with that site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you visit.

MOV SOFTWARE'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

mov Software wants your voluntary feedback and suggestions on the movcast Locator Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that mov Software needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to mov Software concerning the movcast Locator Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting mov Software and its affiliated companies permission to:

* Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and 

* Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. 

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark, or patent laws in any relevant jurisdiction. No compensation will be paid with respect to mov Software's use of the materials contained within such feedback or suggestions. mov Software is under no obligation to post or use any materials you may provide and may remove such materials at any time at mov Software's sole discretion.

This section is not applicable to any personally identifiable information that you provide in connection with your registration for the movcast Locator Services. For terms and conditions governing the use of such information and for more information on how the movcast Locator Services work, please refer to the movcast Locator Privacy Statement at http://www.movsoftware.com/locator/Consumer/PrivacyPolicy.asp.

This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any movcast Locator- participating sites and services. Please refer to the terms and conditions for such movcast Locator- participating sites and services to determine the rights of the Web site or service provider to such documents, information, and/or data.

SOFTWARE AND CONTENT AVAILABLE ON THE movcast Locator SERVICES

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the movcast Locator Services ("Software") is owned by and is the copyrighted work of mov Software and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, mov Software hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the movcast Locator Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by mov Software and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.

LIABILITY DISCLAIMER

mov Software AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE movcast Locator SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. mov Software AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL mov Software AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE movcast Locator SERVICES, WITH THE DELAY OR INABILITY TO USE THE movcast Locator SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE movcast Locator SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE movcast Locator SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF mov Software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE movcast Locator SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE movcast Locator SERVICES.

CUSTOMER SUPPORT

mov Software provides information about how to use the movcast Locator Services on the Web pages that are part of the Services. If you have any questions about the movcast Locator Services or any problems that you would like to report, please contact us at support@movsoftware.com.

TERMINATION/ACCESS AND RESTRICTION OF ACCESS

mov Software reserves the right, in its sole discretion, to terminate your access to the movcast Locator Services or any portion thereof at any time, without notice.

mov Software may also terminate or suspend your access to the movcast Locator Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by mov Software. Upon termination of your movcast Locator account, your right to use the movcast Locator Services immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the District of Columbia, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the District of Columbia, U.S.A. in all disputes arising out of or relating to the use of the movcast Locator Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and mov Software as a result of these Terms of Use or use of the movcast Locator Services.

mov Software may assign these Terms of Use, in whole or in part, at any time. mov Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of mov Software's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the movcast Locator Services or information provided to or gathered by mov Software with respect to such use. You agree to indemnify and hold mov Software, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the movcast Locator Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and mov Software with respect to the movcast Locator Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and mov Software with respect to the movcast Locator Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the movcast Locator Web Site are: Copyright � 2004-2006 by the mov Software, Inc. Corporation and/or its suppliers, c/o mov Software Corporation. All rights reserved.

"mov Software" is a registered trademark of mov Software Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

mov Software may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the movcast Locator Services, including the Web pages that are part of the movcast Locator Services. Except as expressly provided in these Terms of Use, the provision of the movcast Locator Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

For more information regarding your privacy, see the movcast Locator PRIVACY STATEMENT at http://www.movsoftware.com/locator/privacy.htm.

Revised January 2006
By clicking I Agree below, I am attaching my electronic signature to and agreeing to the Terms of Use for the movcast Locator Service, and to the movcast Locator Privacy Statement.