Terms of use
Thank you for using Motionworks Online Learning website, herein referred to as ("Site"). These are the terms of use ("Terms"), which apply to your use of the Motionworks Online Learning website ("Site") and the services available to you on the Site ("Services"). If you do not agree to these Terms, you must discontinue using the Site and terminate your registration with us. The Site is owned by Motionworks K.K. in Japan.
Registration (Sign Up)
When you register and sign up with Motionworks Online Learning Site, you will be asked to provide us with personally identifiable information such as your name, username and password that we may request, all of which will become part of your profile and which you can add to or change from time to time. You will also be asked to select a user name and password which will serve to identify you as a registered user each time you visit the Site and allow you to access your account.
You may not (i) select or use a user name of another person with intent to impersonate that person, (ii) use a user name in which another person has rights without authorization from that person, or (iii) use a user name that Motionworks at its sole discretion, deems offensive. You agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your profile to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or Motionworks has reasonable grounds to suspect that you have, we have the right to suspend and/or terminate your registration status and deny you future use of the Site and the Services (or any portion thereof).
The Site and the Services offered are intended for your personal, noncommercial use in accordance with these terms. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, for any commercial purposes, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Motionworks K.K.
30-day Trial and Paid Content
Registered Users can use the site, content and free courses for up to 30 days after registering. After the trial period, you will have limited access to the free content.
If you wish to continue to use the site and content and have access to all content and courses, you will be asked to submit payment through our online payment systems or bank transfer. Once payment is confirmed, Users can have full access to the free and paid content for the duration of their subscription.
Most of our paid content is provided with a monthly or annual subscription package of which are all 100% refundable for the unused portions of the package.
Third Party Platforms and Applications
The Site relies on third party software, applications and platforms such as Talent LMS, Calendly, Zoom, PayPal, Stripe, etc. to provide, create and deliver content both on the Site as well as to mobile devices. By registering on the Site and accepting the Terms, users understand that all Terms that apply to the Site apply to all third party vendors. Users agree to adhere to and be bound by the policies and usage of the third party vendors as stated in their terms and policy agreements.
Personal Profile and Email Notifications
By creating a profile, email address and username, you allow Motionworks to periodically send you messages, reminders and similar notifications to the name and email that is registered on the site. The Site is designed to send users notifications periodically, for example after a course is completed, passed or failed) as well as other notifications of Site updates and other announcements.
By registering on the Site, you will receive online communications from the Site or Motionworks employees or verified instructors. To unsubscribe from any email list, please send us an email through the system or directly to brad@motionworks-learning.com and we will take you off the notification or mail list.
User Submissions
Some of the content on the Site is shared with other registered users by posting and reading content and participating in online discussions. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We are not responsible for the accuracy, completeness or usefulness of any content, nor do we endorse such content. We do not verify the identity of people using our Site. You use the Site and the content at your own risk.
User Policies
All content that you post to the Site, including videos and other content that you upload, must comply with these Terms. You take sole responsibility for all content that you post on the Site and the consequences of posting that content. You are responsible for obtaining all necessary rights to upload, post and distribute the content. You agree that you will not upload, email, transmit, or otherwise make available any content that: is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law; could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials; contains slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences; constitutes spam; is a solicitation or advertisement for any commercial product or activity; constitutes behavior that does not support a safe and comfortable environment for all users; or contains any materials that encourage inappropriate or unlawful conduct.
We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these Terms. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Motionworks K.K. and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to or use of the Site, or your violation of either these Terms, applicable law, or the rights of any third party. We have the right to view and monitor any content posted to this Site and we reserve the right, but not the obligation, to monitor, edit or remove any content at any time and without notice if we believe that the content violates these Terms, removal is necessary to protect the rights, property, etc. of Motionworks and its users and the public, if required to do so by law, or if we believe in our sole discretion that doing so will improve our Site and the experience of our users.
If you believe that any postings on the Site violate these Terms, please let us know by clicking on the "Contact Us" link or sending an email directly through the system. By using the service and submitting content to the Site, you grant to Motionworks K.K. and its successors in business, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from your content, for any commercial purposes, and in any medium now existing or hereinafter developed, without your prior approval or the payment of any compensation.
The Site and, with the exception of material posted by registered users and third party content, all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, audio, sounds, messages, comments, ratings, and other materials is owned by Motionworks K.K. or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights.
All content on the Site is provided as is for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Motionworks K.K. prior written consent. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Web Sessions Booking & Cancellation Policy
Most webinars are included in your monthly membership but some webinars and private web sessions are provided at an additional cost. Prices for webinars and private web sessions will vary depending on the length, content and instructor. Users understand that there are no refunds for any web sessions that you register for but do not attend.
Users agree to the following cancellation policy regarding paid web sessions. Cancellation Policy: If you need to cancel a reserved session, you can cancel within 24 hours in advance with no penalty. If you do not cancel within 24-hours or no-show for the session, the session will not be refundable and (1) web session credit will be deducted.
YouTube
Some content on the site is gathered from YouTube. By agreeing to our Terms of Service, you also agree to be bound by YouTube's Terms of Service: https://www.youtube.com/t/terms.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MOTIONWORKS MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT MOTIONWORKS DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
MOTIONWORKS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY CONTENT PROVIDED ON THE SITE AND ANY LINKED SITES OR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL MOTIONWORKS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE.
Liability Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOTIONWORKS K.K. OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF MOTIONWORKS K.K. HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOTIONWORKS K.K.'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then MOTIONWORKS K.K.'S aggregate liability for all claims under such circumstances for liabilities shall not exceed fifty dollars (5,000 JPY).
Termination
We can suspend or terminate you as a registered user and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at Motionwork’s sole discretion, you fail to comply with any of the Terms.
General
These Terms are the entire agreement between you and Motionworks K.K.. They supersede any and all prior or contemporaneous agreements between you and Motionworks K.K. relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of Japan, without regard to any choice of law provisions. You agree that your use of the Site or the Services shall be resolved by arbitration in accordance with the laws and policies established by the legal system in Japan.
Modification of Terms
We may change the Terms from time to time by updating this posting and changing the Effective Date referenced. Please visit the Terms area each time you visit the Site to keep up to date with the current terms regarding your use of the Site. Your continued use of the Site constitutes an affirmative acknowledgment by you of the Terms modifications and your agreement to abide and be bound by the Terms as modified.
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