TERMS & CONDITIONS

MOTION SYSTEMS

Welcome to the Website of Motion Systems (hereinafter referred to as “Motion Systems”). We maintain this Website as a service to our visitors and customers. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, do not use this site.

Please find below the latest Motion Systems Terms and Conditions (“Terms”).

Please read these Terms carefully. Access to, and use of Motion Systems Website https://motionsystems.eu/ (“Website”), and Motion Systems Software (“ForceSeatPM”, “Platform manager”, “ForceSeatMI”, “ForceSeatDI”), including any of its content, is conditional on your agreement to these Terms. By Software download, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms.

1. Terms of Use

1.1 Website

By accessing this Website, you acknowledge and irrevocably and unconditionally agree to accept all the terms and conditions set forth herein (the “Terms”), which Motion Systems reserves the right to amend from time to time without further notice.

The content displayed on this Website is for information purposes only. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country that would subject Motion Systems to any registration requirements within such jurisdiction or country. This Website is not directed to any person in any jurisdiction where (for any reason) the publication or availability of this Website is prohibited, and persons in respect of whom such prohibitions apply must not access this Website.

The content displayed on this Website is not intended to be a substitute for the users’ independent evaluation, analysis, commercial judgment or any third party’s professional advice. You should take such steps as you deem necessary to assure that you have the information you consider material or desirable in making your own independent decision and should always obtain professional advice relevant to your specific circumstances. You should not act in reliance upon any of the content displayed on this website and should be solely responsible for any such actions.

1.2 Software

All the Software provided by Motion Systems and accompanying documentation that is made available to download from Motion Systems Website is the copyrighted and/or patented work of Motion Systems. Use of the software is governed by these Terms that accompanies or is included with such Software.

2. Intellectual Property

Any material/content made available on the Website (including but not limited to all data, information, text, images, audio and/or video material and graphics) is protected by copyright and other intellectual property rights which are owned exclusively by Motion Systems or its partners.

You are hereby authorized to view the website strictly for your personal, non-commercial use and reference by incidentally downloading a temporary copy of the web pages of the website into your web browser’s cache.

3. Copyright

The content, organization, graphics, design, audio, animation, video, compilation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

4. Content
The content, technical information, price lists, and product’s graphics, design and animations contains on the Website does not constitute an offer in the meaning of the Civil Code of 23rd April 1964.

5. Third Party Links and Content

The website, or communications you receive from the website and/or, may link to third party websites or provide third party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties.

6. Trademarks

The trademarks, logos, and service marks displayed on any of Motion Systems sites are the property of Motion Systems or other third parties. You are not permitted to use these trademarks, logos and service marks without the prior written consent of Motion Systems or such third party that may own them. All other trademarks and registered trademarks are the property of their respective owners.

7. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

8. Liability

8.1 Liability – Website

Except for those required or implied by legislation and which cannot be excluded, Motion Systems gives no express warranty in relation to your access and use of the website and applications. Your access and use of the website is at your own risk. All Content on the Website is provided “as is”, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Motion Systems does not warrant or make any representations of any kind with respect to the Content or any other feature or function of the Website, including without limitation:

– that your access to the website will be uninterrupted or error-free
– that any defects will be corrected
– that the website or the server which transmits Content to you is free of any viruses or other harmful components

While we have made every effort to ensure that information is free from error, Motion Systems does not warrant the accuracy, adequacy or completeness of any Content on this website. All information is subject to change without notice.
Except to the extent the law provides that liability is not able to be excluded, in no event will Motion Systems or its employees and partners be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Website.
Motion Systems reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Website at any time, without notice or liability.

8.2 Liability – Software

By using the Software, you acknowledge and irrevocably and unconditionally agree to accept all the terms and conditions set forth herein (the “Terms”), which Motion Systems reserves the right to amend from time to time without further notice.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

8.3 Liability – Educational, Tutorial and DIY Materials

The DIY and tutorial material taught throughout Motion Systems and its partners, and other assets is for informational purposes only. By taking any information or education material from Motion Systems, you assume all the risks. You agree to indemnify, hold harmless, and defend Motion Systems, its employees and partners from any and all claims and damages as a result of any and all the information covered.

By taking and/or using any informational resources from Motion Systems, you agree that you will use this information in a safe and legal manner, consistent with all applicable laws, safety rules, and good common sense. You further agree that you will take such steps as may be reasonably necessary or required by applicable law to keep any information out of the hands of minors and untrained and/ or immature individuals.

You must accept that you and you alone are responsible for your safety and safety of others in any endeavor in which you engage. While the material on www.motionsystems.eu is provided in hopes that you build your own simulator. You are responsible for verifying its accuracy and applicability to your project. You are responsible for knowing your limitations of knowledge and experience.

Some illustrative photos do not depict safety precautions or equipment, in order to show the project steps more clearly. These projects are not intended for use by children. Use of these materials, instructions, and suggestions is at your own risk. Motion Systems disclaim all responsibility for any resulting damage, injury, or expense.

NOTICE: The DIY and tutorial material taught throughout Motion Systems and its partners company’s Websites and other assets is for personal use only. It is prohibited to use any DIY projects, which has been developed and created according to Motion Systems tutorials for any business purposes, and/or commercial sales.

9. Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Terms of the Website.

10. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

11. Motion Systems Privacy Policy

Our Privacy Policy (https://motionsystems.eu/privacy-policy/), as it may change from time to time, is a part of these Terms.

12. Terms and Conditions Beta Testing Program

Our Terms and Conditions Beta Testing Program (https://motionsystems.eu/beta-terms-and-conditions/), as it may change from time to time, is a part of these Terms.

13. Disclaimer and Limits

13.1 Disclaimer – Website

THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

13.2 Disclaimer – Software

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

13.3 Disclaimer – Educational, Tutorial and DIY Materials

ALL MATERIAL COVERED ON THE WEBSITE AND ASSOCIATED SOCIAL MEDIA AND PRINT ASSETS IS FOR INFORMATIONAL PURPOSES ONLY. WE TAKE NO RESPONSIBILITY FOR WHAT YOU DO WITH THIS KNOWLEDGE. WE CAN NOT BE HELD RESPONSIBLE FOR ANY PROPERTY OR MEDICAL DAMAGES CAUSED BY ITEMS YOU READ ABOUT ON OUR WEBSITE. FURTHERMORE, WE WOULD ADVISE YOU TO CHECK YOUR LOCAL LAWS AND CONSULT PROFESSIONAL ELECTRICIANS/CONTRACTORS FOR ANY PROJECT INVOLVING ELECTRICITY, CONSTRUCTION, OR ASSEMBLY OR IF YOU ARE NOT COMFORTABLE OR INEXPERIENCED WORKING ON THESE PROJECTS.

14. Information and Press Releases

The Webite contains information and press releases about us and/or our partners. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

15. Miscellaneous

These Terms shall be treated as though it were executed and performed in Poland, and shall be governed by and construed in accordance with the laws of the Poland (without regard to conflict of law principles). The language in these terms shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these Terms shall be brought solely in Poland. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.