Effective Date. September 1st, 2020
Service Age Restriction. You must be at least 13 years old to use the Service.
Your Obligations. If you use the Service, you agree to do each of the following: (a) comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and Your Content, including but not limited to, copyright laws; and (b) be fully responsible for your conduct and Your Content on the Service.
Restrictions on Use. You may not engage in any of the following in connection with your use of the Service: (a) use the Service for any illegal or unauthorized purpose; (b) use Motiv Content in combination with Your Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal; (c) portray any person depicted in Motiv Content in a way that a reasonable person would find offensive, including but not limited to (i) in connection with pornography, adult videos, adult entertainment venues, escort services, dating services, or the like, or (ii) engaging in immoral or criminal activities; (d) use the Service for commercial purposes; (e) infringe upon any third party’s trademark or other intellectual property right, or give rise to a claim of deceptive advertising or unfair competition; (f) interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; (g) inject content or code or otherwise alter or interfere with the way any Motiv page is rendered or displayed in a user’s browser or on a user’s device; or (h) access or collect data from our Service using automated means or attempt to access data you do not have permission to access.
Service Interruptions and Availability. There may be occasions when the Service will be interrupted or unavailable, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Motiv shall have no liability for any such interruptions.
Territorial Restrictions. Motiv reserves the right to limit the availability or scope of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in its sole discretion.
Intellectual Property Ownership of Your Content. Motiv does not claim ownership of Your Content that you upload to or stylize through the Service.
Third Party Content. The Service may provide you with access to Motiv Content such as photographs, drawings, images, animations, videos and other audio/ visual representations to stylize Your Content, which are licensed by Motiv from a third-party (e.g., Shutterstock). Any use of such third-party Motiv Content by you shall be governed by the additional terms and conditions imposed by the third-party.
Motiv Trademarks and Service Marks. The Motiv name and logo are trademarks of Motiv, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Motiv. In addition, all custom graphics and fonts used on the Service are service marks, trademarks and/or trade dress of Motiv, and may not be copied, imitated or used, in whole or in part, without prior written permission from Motiv.
Removal of Content. Motiv reserves the right to remove Your Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Motiv, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. You agree that you will not rely on the Service for the purposes of backup or storage of Your Content.
Feedback. You are under no obligation to give Motiv any ideas, suggestions, comments or other feedback related to the Service or the business or operations of Motiv. If you share ideas, suggestions, comments, or other feedback with Motiv, Motiv will own such idea, suggestion, comment or feedback. You hereby assign all of your right, title, and interest in such idea, suggestion, comment, or feedback to Motiv and agree that Motiv will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.
Third Parties. Motiv does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any banner or other advertising, and Motiv 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. Motiv is not responsible for the actions, content, information, or data of third parties, and you release the Motiv Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have or may have against any such third parties.
Disclaimer of Warranties. The Service, including, without limitation, Motiv Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, Motiv makes no representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Motiv Content; (c) Your Content; or (d) security associated with the transmission of information to Motiv or via the Service. Motiv hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. Motiv does not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the
Limitation of Liability; Waiver. Under no circumstances will the Motiv Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the Motiv Content; (c) Your Content; (d) your use of, inability to use, or the performance of the Service; (e) any action taken in connection with an investigation by the Motiv Parties or law enforcement authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright or other intellectual property rights; (g) any errors or omissions in the Service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. This limitation of liability includes, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Motiv Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Service). In no event will the Motiv Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Motiv Parties’ total liability to you for all damages, losses or causes or action exceed One Hundred U.S. Dollars ($100.00). Waiver. By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “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.”
by Motiv in the defense of any claim. Motiv reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any
claim without the prior written consent of Motiv.
Motiv, Motiv can stop providing all or any part of the Service to you.