YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL, TEXT, SMS AND OTHER MESSAGES FROM US, AND AGREE THAT WE MAY USE YOUR EMAIL ADDRESS, PHONE NUMBER AND OTHER PERSONAL INFORMATION FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. Receiving these communications is a condition of using MotaMeet and you will not be able to opt out of receiving them. We reserve the right to change these TOS at any time. You are responsible to keep yourself apprised of any such changes. If we make any material change to the TOS, we will provide you with a Notice when you open MotaMeet. If you object to any terms and conditions of the TOS or any subsequent changes or you become dissatisfied with MotaMeet in any way, your only option is to delete your account. Your continued use of MotaMeet after we post revised TOS means that you agree to the revisions. You must be at least 13 years old to download MotaMeet. By requesting to use, or using MotaMeet, you represent and warrant that you are not required to register as a sex offender with any government entity. MotaMeet is free, but your Internet provider’s or mobile operator’s fees and rates may still apply.
You may not use MotaMeet to: upload or transmit any Content (which we define below) that is unlawful, threatening, abusive, obscene, violent, patently offensive, invasive of another's privacy, contains personally identifiable information of another or promotes racism, bigotry, hatred or harm (including self-harm) or is otherwise objectionable; upload or transmit images which contain nudity, weapons, violence, or drugs; harm, stalk or otherwise harass another; impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be a minor if you are not); upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party; upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation, or offer any contest, giveaway, or sweepstakes; upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods; disrupt or impose an unreasonable burden on MotaMeet (or another person’s use of MotaMeet) or networks connected to MotaMeet, or breach or attempt to breach the security of MotaMeet; or register accounts or post Content automatically, systematically, or programmatically. Keep your password private and secure, and always remember to log off of MotaMeet at the end of each session. You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so. MotaMeet is for your personal use only and you may not use it for any other purpose. You may not use MotaMeet in connection with any commercial activity. Companies and other organizations may not become members of MotaMeet nor use MotaMeet without our express prior approval. We reserve the right to investigate any suspected unauthorized uses of MotaMeet and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief. We may establish general practices and limits concerning use of MotaMeet, including without limitation the number of days that we retain Content, the number and size of posts and messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content. We may terminate accounts that are inactive for an extended period of time. These guidelines are not exhaustive, and we have the right to make all judgments regarding the applicability of these guidelines – in letter or in spirit – in our sole and absolute discretion.
You may not engage in any activity involving spam on MotaMeet. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on MotaMeet. Violations of this policy could subject you or your agents to civil and criminal penalties.
WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR MEMBERS. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. BY AGREEING TO THESE TOS, YOU HEREBY AUTHORIZE ANY SUCH CHECK. We care about your safety and have created a resource to help you use MotaMeet. Please visit www.socialsafety.org for important tips to help you stay safe online. IF YOU ARE UNDER THE AGE OF 18, WE ENCOURAGE YOU TO DISCUSS WITH YOUR PARENT(S) OR GUARDIAN(S) ONLINE SAFETY ISSUES FOR ALL OF YOUR SOCIAL MEDIA MEMBERSHIPS, INCLUDING YOUR MOTAMEET ACCOUNT.
MotaMeet and the software used in connection with MotaMeet contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access MotaMeet by any means other than through an interfaces we provide.
You agree that we may communicate with you by email, text messaging, phone or otherwise; usually our communication will relate to administrative, security and other issues relating to MotaMeet, including invitations to participate in promotional activities, newsletters and other communications. We may include in our communications advertisements and other third party promotional materials, campaigns and tools. Receiving these communications is a condition of your use of MotaMeet, and you will not be able to opt out of receiving them. You may, however, block all communication from us by deleting your MotaMeet account.
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through MotaMeet, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on MotaMeet. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
MotaMeet may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU USE MOTAMEET AT YOUR SOLE RISK. WE PROVIDE MOTAMEET ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. WE DO NOT GUARANTEE THAT MOTAMEET WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT MOTAMEET WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) MOTAMEET WILL MEET YOUR REQUIREMENTS, (2) MOTAMEET WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF MOTAMEET WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH MOTAMEET WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH MOTAMEET IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF MOTAMEET’S USERS AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND INCLUDING WITHOUT LIMITATION RESULTING FROM: (1) THE USE OR THE INABILITY TO USE MOTAMEET; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM MOTAMEET; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MOTAMEET; OR (5) ANY OTHER MATTER RELATING TO MOTAMEET. OTHER USERS OF MOTAMEET WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT. WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON MOTAMEET. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF MOTAMEET. WE ARE NOT LIABLE FOR ANY LOST OR DELETED INFORMATION OR DATA, WHETHER INTENTIONAL OR UNINTENTIONAL, NOR FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE DOLLAR ($1.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH MOTAMEET, YOUR ACCESS AND USE OF MOTAMEET, YOUR CONNECTION TO MOTAMEET, YOUR VIOLATION OF THE TOS, YOUR TRANSMISSION OF OTHER USERS’ INFORMATION OR CONTENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MotaMeet or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We respect the intellectual property of others and ask our users to do the same. We may, in our sole discretion, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Please provide claims of copyright or other intellectual property infringement to us at firstname.lastname@example.org. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.
You may not use MotaMeet where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content. These TOS are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these TOS. The other provisions of the TOS shall remain in full force and effect. These TOS were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
Deleting Your Account
If you have questions regarding these Terms of Service, please contact us. Address: Island Boy Enterprise, LLC. 16192 Coastal Highway, Lewes, Delaware 19958 Phone: 302-242-4483 Email: email@example.com