Terms & Conditions

Welcome to MotionFoxx™ (the “Website”), owned by Milinda Foxx and operated by X (“Owner”, “we”, “our”, or “us”). By accessing or using this Website, you as a visitor or user (“User” or “you”) agree to be bound by these Terms & Conditions (the “Terms”). If you do not agree with these Terms, you must immediately cease use of the Website. These Terms are designed to provide full legal protection for the Owner’s assets, content, intellectual property, brand identity, personal privacy, and creative works under all applicable local and international laws.

1. Legal Framework and Governing Law

These Terms shall be governed by and construed in accordance with the following legal instruments:

• Intellectual Property Act, No. 36 of 2003 (as amended by Acts No. 7 of 2018, No. 8 of 2021, and No. 8 of 2022) of the Democratic Socialist Republic of Sri Lanka (Ceylon), governing copyright, moral rights, economic rights, industrial designs, trademarks, trade names, and related intellectual property protections.
• Personal Data Protection Act, No. 9 of 2022 (PDPA) of Sri Lanka, the principal legislation governing the protection of personal data.
• Computer Crimes Act, No. 24 of 2007 of Sri Lanka, governing offences related to unauthorised access, data interference, and computer-related fraud.
• Electronic Transactions Act, No. 19 of 2006 of Sri Lanka, providing the legal framework for electronic communications and digital records.
• The Berne Convention for the Protection of Literary and Artistic Works, to which Sri Lanka is a signatory, providing automatic international copyright protection without requiring registration.
• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) under the World Trade Organisation (WTO).
• The WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
• Article 12 of the Universal Declaration of Human Rights (UDHR), protecting individuals from arbitrary interference with privacy, family, home, or correspondence.
• Article 14(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka, guaranteeing fundamental rights including freedom of thought, conscience, and expression.

Any disputes arising from these Terms or your use of the Website shall be exclusively resolved in the courts of Colombo, Sri Lanka (Ceylon).

2. Intellectual Property Rights

All content on this Website, including but not limited to text, graphics, logos, trademarks, brand names, photographs, audio, video, motion graphics, visual effects, animations, digital downloads, data compilations, original creative works, and software (collectively, “Content”), is the exclusive intellectual property of MotionFoxx™, Milinda Foxx, and/or their licensors.

Copyright in all original works published on this Website subsists automatically upon creation under Section 6 of the Intellectual Property Act, No. 36 of 2003 and Article 5(2) of the Berne Convention, and does not require registration.

The Owner retains all economic rights (Section 9) and moral rights (Section 10) in respect of all original works, including the right of attribution and the right to object to any distortion, mutilation, or other modification prejudicial to the Owner’s honour or reputation. Moral rights are inalienable and persist independently of economic rights. Copyright protection shall subsist during the lifetime of the Owner and for a further period of seventy (70) years after the Owner’s death, in accordance with Section 13(1) of the Intellectual Property Act.

The name MotionFoxx™, the associated logo, the fox silhouette, the “Radioactive Love” brand philosophy, and all related brand identifiers constitute proprietary trade names and marks of the Owner, protected under Part VII of the Intellectual Property Act, No. 36 of 2003.

Ownership and Permissions

• No Rights Granted: Users do not acquire any ownership rights, licences, or interests in the Content, brand, or intellectual property by virtue of accessing or using the Website.
• Written Consent Required: Any reproduction, modification, distribution, display, transmission, or commercial use of any Content is strictly prohibited without the prior express written consent of the Owner.
• Discretionary Permissions: The granting of permissions is solely at the Owner’s discretion and may be withheld, revoked, or conditioned without justification.

3. Permitted Use and Access Limitations

Users are granted a limited, revocable, non-exclusive, non-transferable licence to access and view the Website’s Content for personal, non-commercial purposes only. This limited permission does not constitute a transfer of any ownership rights, and all use of the Website must comply strictly with these Terms.

Prohibited Actions

You agree not to:

• Replicate, display, distribute, or otherwise use Content without the prior written permission of the Owner.
• Engage in unauthorised framing, linking, deep-linking, or embedding of any part of this Website.
• Modify, adapt, or create derivative works based on any Website Content.
• Attempt unauthorised access, interfere with security features, or reverse-engineer any component of the Website, including areas reserved for the Owner.
• Use any automated system, bot, scraper, or data-mining tool to access, extract, or collect Content or data from the Website.
• Use any data, Content, or information obtained from the Website to identify, locate, surveil, harass, defame, intimidate, or otherwise interfere with the Owner, their family, their home, their correspondence, or their professional activities.

Any violation of the above shall constitute a material breach of these Terms and may result in civil and criminal proceedings under the Intellectual Property Act, No. 36 of 2003, the Computer Crimes Act, No. 24 of 2007, and any other applicable law.

4. Third-Party Content and Copyright Acknowledgement

Certain elements of the Website may include content, references, or materials originating from third parties. All third-party content remains the intellectual property of its respective owners. The inclusion of any third-party content on this Website does not imply endorsement, affiliation, or the transfer of any rights.

The Owner has made reasonable efforts to attribute and respect the intellectual property rights of third parties. Any concerns regarding third-party content should be directed to the Owner via the contact information provided below.

5. Limitations of Liability and Disclaimers

The Website and its Content are provided on an “as-is” and “as-available” basis. No guarantees, warranties, or representations of any kind, whether express or implied, are provided regarding the accuracy, completeness, reliability, suitability, or availability of the Content.

Disclaimer of Liability

To the fullest extent permitted by applicable law:

• No Responsibility for Accuracy: MotionFoxx™ is not liable for any errors, inaccuracies, or omissions in the Content.
• No Liability for Damages: The Owner shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the User’s access to, use of, or inability to use the Website, including but not limited to loss of data, revenue, profits, or business opportunities.
• External Links: Any links to third-party websites or services are provided for convenience only. The Owner does not endorse, control, or assume any responsibility for the content, privacy practices, or security of external sites.

6. User Privacy and Data Handling

We respect user privacy and are committed to protecting personal data in accordance with the Personal Data Protection Act, No. 9 of 2022 and internationally recognised data protection principles. Any personal data collected from Users will be handled in accordance with our Privacy Policy, which forms an integral part of these Terms. By using this Website, you consent to the data handling practices as outlined in the Privacy Policy.

7. Protection of the Owner’s Privacy and Rights

The Owner reserves all rights to personal privacy, dignity, and freedom from interference as guaranteed under Article 12 of the Universal Declaration of Human Rights and the fundamental rights provisions of the Constitution of the Democratic Socialist Republic of Sri Lanka.

No information obtained through the use of this Website, including but not limited to IP addresses, usage patterns, correspondence, metadata, or any other data, shall be used to identify, locate, surveil, harass, defame, intimidate, or otherwise interfere with the Owner, their family, their home, their correspondence, or their professional activities. Any such attempt will be treated as a material breach of these Terms and may result in legal action under all applicable laws.

8. Modification of Terms and Termination of Access

Changes to Terms

MotionFoxx™ reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time without prior notice. Any changes will take effect immediately upon publication on the Website. The “Last Updated” date will be revised accordingly. Continued access or use of the Website following any changes constitutes acceptance of the revised Terms.

Termination of Access

We reserve the right to suspend, restrict, or terminate access to the Website at any time, for any reason, including but not limited to violations of these Terms, without notice or liability.

9. Indemnification

You agree to indemnify, defend, and hold harmless MotionFoxx™, Milinda Foxx, their affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or related to your violation of these Terms, your use of the Website, or your infringement of any intellectual property or other right of any person or entity.

10. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

11. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and MotionFoxx™ with respect to your use of the Website and supersede any prior or contemporaneous understandings, agreements, or representations.

12. Contact Information

For any questions, concerns, or requests regarding these Terms & Conditions, please contact us at:

Email: [email protected]

Telephone: (+94) 76 547 3032

Location: Colombo, Sri Lanka (Ceylon)

By using MotionFoxx™ (motionfoxx.com), you acknowledge that you have read, understood, and agreed to these Terms & Conditions. Your continued use of the Website constitutes acceptance of these Terms, as they may be amended from time to time.

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