Terms of Service for MotiPics.com


1. Your use of http://www.MotiPics.com or other web sites owned or operated by MotiPics.com (the "MotiPics.com Sites") and the services provided through or in connection with the MotiPics.com Sites and viewing of the content available at the MotiPics.com Sites, is subject to this Terms of Use Agreement and the current MotiPics.com Privacy Policy published at http://www.motipics.com/privacy, which is incorporated herein by reference. Each time you use the MotiPics.com Sites, you agree to be bound by the following Terms of Use and the Privacy Notice. If you do not agree to any of these terms, then you must immediately discontinue your use of the MotiPics.com Sites.

2. MotiPics.com Sites These Terms of Use apply to all customers, visitors, users, and others who view the MotiPics.com Sites ("Users"), including Users who are also contributors of images, video, information, and other materials or services on the MotiPics.com Sites. The MotiPics.com Sites may contain links to third-party websites that are not owned or controlled by MotiPics.com. MotiPics.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MotiPics.com will not and cannot censor or edit the content of any third-party site. By using the MotiPics.com Sites, you expressly relieve MotiPics.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MotiPics.com Sites and to read the Terms of Use and Privacy Policy of each other website that you visit.

3. Use of the MotiPics.com Sites A. MotiPics.com hereby grants you permission to use the MotiPics.com Sites as set forth in this Terms of Use, provided that: (i) your use of the MotiPics.com Sites as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the MotiPics.com Sites in any medium without MotiPics.com.s prior written authorization; (iii) you will not alter or modify any part of the MotiPics.com Sites other than as may be reasonably necessary to use the MotiPics.com Sites for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

B. In order to access some features of the MotiPics.com Sites, you will have to upload an image. You may never use another persons image without permission.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the MotiPics.com Sites in a manner that sends more request messages to the MotiPics.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MotiPics.com grants the operators of public search engines permission to use spiders to copy materials from MotiPics.com Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MotiPics.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including images from the MotiPics.com Sites, nor to use the communication systems provided by the MotiPics.com Sites for any commercial solicitation purposes.

E. MotiPics.com may permanently or temporarily terminate, suspend, or otherwise refuse to permit Users access to the MotiPics.com Sites without notice and liability, if, in MotiPics.com.s sole determination, User violates any of the terms of use, including the following prohibited actions; (i) use the MotiPics.com Sites for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person.s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the MotiPics.com Sites; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the MotiPics.com Sites; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent User.s affiliation with a person or entity, conduct fraud, hide or attempt to hide User.s identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the MotiPics.com Sites; or, (x) bypass the measures we may use to prevent or restrict access to the MotiPics.com Sites. Upon termination for any reason, User continues to be bound by this Agreement.

4. User Uploads A. The MotiPics.com Sites may now or in the future permit the submission of images, sounds, videos or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, MotiPics.com does not guarantee any confidentiality with respect to any User Submissions.

B. You understand that when using the MotiPics.com Sites, you will be exposed to User Submissions from a variety of sources, and that MotiPics.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MotiPics.com with respect thereto, and agree to indemnify and hold MotiPics.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

C. MotiPics.com permits you to link to your own User Submissions hosted on the MotiPics.com Sites or User Submissions of other third parties available on the MotiPics.com Sites, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and MotiPics.com does not guarantee that their availability will be uninterrupted or bug free. MotiPics.com reserves the right to discontinue any aspect to the MotiPics.com Sites at any time, including discontinuing any linked or embedded Content either generally or in specific cases.

6. Opt Out: We may use your information to notify you of important changes to the MotiPics.com Sites, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications:

A. Send an email message to newsletter@motipics.com with the word "Email Remove" in the subject field; or

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If MotiPics.com has provided any third-party with your personal information, you will have to contact the third-party directly with any opt-out request.

7. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE MOTIPICS.COM SITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOTIPICS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOTIPICS.COM SITES AND YOUR USE THEREOF. MOTIPICS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE.S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOTIPICS.COM SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOTIPICS.COM SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOTIPICS.COM SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOTIPICS.COM SITES. MOTIPICS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOTIPICS.COM SITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOTIPICS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability IN NO EVENT SHALL MOTIPICS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOTIPICS.COM SITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOTIPICS.COM SITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MOTIPICS.COM SITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOTIPICS.COM SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MotiPics.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The MotiPics.com Sites are controlled and offered by MotiPics.com from its facilities in the United States of America. MotiPics.com makes no representations that the MotiPics.com Sites are appropriate or available for use in other locations. Those who access or use the MotiPics.com Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity You agree to defend, indemnify and hold harmless MotiPics.com, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney.s fees) arising from: (i) your use of and access to the MotiPics.com Sites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the MotiPics.com Sites.

10. Ability to Accept Terms of Use By your use of the MotiPics.com Sites, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the MotiPics.com Sites are not intended for children under 13. If you are under 13 years of age, then please do not use the MotiPics.com Sites. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you. We recommend that minors over the age of 13 ask their parents or guardians for permission before using or visiting the MotiPics.com Sites or sending any personal information to anyone over the Internet.

11. Assignment These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MotiPics.com without restriction.

12. General A. Governing Law. You agree that: (i) the MotiPics.com Sites shall be deemed solely based in Florida; and (ii) the MotiPics.com Sites shall be deemed passive websites that do not give rise to personal jurisdiction over MotiPics.com, either specific or general, in jurisdictions other than Florida. These Terms of Use shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and MotiPics.com that arises in whole or in part from the MotiPics.com Sites shall be decided exclusively by a court of competent jurisdiction located in Sarasota County, Florida.

B. Entire Agreement/Severability. These Terms of Use, together with the Privacy Notice at http://motipics.com/privacy and any other legal notices published by MotiPics.com on the MotiPics.com Sites, shall constitute the entire agreement between you and MotiPics.com concerning the MotiPics.com Sites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

C. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MotiPics.com.s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. MotiPics.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the MotiPics.com Sites following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MOTIPICS.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MOTIPICS.COM SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


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