* You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this website.
* You must be at least 13 years old to use this site. If you are between 13 and 17 years old, you should obtain permission from your parents or guardian before using this site.
* The Moto Giveth may monitor your use of the web site, and may freely use and disclose any information and materials received from you or collected through your use of the web site for any lawful reason or purpose.
* The Moto Giveth reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. It is your responsibility to be aware of the Terms of this Agreement at all times, regardless of notification by The Moto Giveth.
* The Moto Giveth is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the site are only for your personal, non-commercial use. All materials contained on the site are protected by copyright, and are owned or controlled by The Moto Giveth or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the site. You may download and make one (1) copy of the Content and other downloadable items displayed on the Company’s web site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from The Moto Giveth or the copyright holder identified in the individual contents copyright notice.
* The Moto Giveth may change, suspend or discontinue any aspect of the site at any time, including the availability of any site feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.
* You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through The Moto Giveth any materials which (i) restrict or inhibit any other user from using and enjoying the site(s), (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; (b) that you are at least thirteen (13) years old; (c) that you are responsible for any activity that occurs under your screen name; (d) and that you are responsible for keeping your password secure.
* You hereby agree to indemnify, defend and hold The Moto Giveth, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Moto Giveth reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Moto Giveth.
* The Moto Giveth contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of the company’s sites. Links to and from Company’s site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
* The Moto Giveth does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the company’s web site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Company’s web site.
* The Moto Giveth does not and cannot review all materials posted to the Company’s web site by users, and we are not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this Agreement.
* The Moto Giveth’s web site, including all content, software, function, materials and information made available on or accessed through the company’s web site, is provided “as is.” To the fullest extent permissible by law, The Moto Giveth and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content on the Company’s web site or the materials, information and functions made accessible by the software used on or accessed throughout the Company’s web site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Company’s web site or any linked site. Further, The Moto Giveth and its subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Company does not warrant that the functions contained in the Company’s web site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Company’s web site or the server that makes it available is free of viruses or other harmful components. Company and its subsidiaries and affiliates shall not be liable for the use of the Company’s web site, including, without limitation, the content and any errors contained therein.
* By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to The Moto Giveth, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
* You acknowledge that transmission to and from The Moto Giveth are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement.
* This agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of California.
* This Agreement constitutes the entire agreement between The Moto Giveth and you with respect to your use of the Company’s web site. Any cause of action you may have with respect to your use of the Company’s web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company’s web site.
Updated: March 20, 2011