Motive Terms of Use
Please note: Apple does not sponsor Motive in any way. No prizes are
provided by Apple.
Thank you for using Motive, a goal setting and achievement website
that allows individuals to enter into binding contracts in which
they commit to meet their goals (a "Commitment Contract"). The
Motive website and related services are operated by Motive Global Limited
(hereafter, "us", "we", "Motive" or the "Company"). By registering,
accessing or using Motive's website at www.themotive.app, any subdomain
thereof, any Commitment Contract portal hosted by Motive, any mobile
version thereof, or any software system designed to support or
permit interaction with the website or its functionality over a
network (together the "Site"), you (the "User") signify that you
have read, understand, and agree to be bound by these Terms of Use
("Terms of Use" or "Agreement"), whether or not you are a registered
member of Motive. We reserve the right, at our sole discretion, to
change, modify, add, or delete portions of these Terms of Use at any
time without further notice, provided that Motive will post the
changes to these Terms of Use on this page and will indicate at the
top of this page the date these terms were last revised. Your
continued use of the Site after any such changes constitutes your
acceptance of the new Terms of Use. If you do not agree to abide by
these or any future Terms of Use, then do not use or access (or
continue to use or access) the Site. It is your responsibility to
regularly check the Site to determine if there have been changes to
these Terms of Use and to review such changes.
Please read these Terms of Use carefully as they contain important
information regarding your legal rights, remedies and obligations.
These include various limitations and exclusions and a dispute
resolution clause that governs how disputes will be resolved.
By downloading the app, you acknowledge and agree that if you fail to provide the required evidence for any commitment or goal, or you fail to complete a commitment or goal you forfeit your stake. If you succeed, a 2% processing fee will be charged.
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Eligibility. This Site is intended solely for
users who are thirteen (13) years of age or older. Any
registration by, use of, or access to the Site by anyone under
13 is unauthorized, unlicensed, and in violation of these Terms
of Use. By using the Site, you represent and warrant that you
are 13 or older and that you agree to abide by all of the terms
and conditions of this Agreement.
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Term. These Terms of Use will remain in full
force and effect while you use the Site and/or are a registered
member. The Company may terminate your membership, delete your
profile and any content or information that you have posted on
the Site, and/or prohibit you from using or accessing the Site
(or any portion, aspect or feature of the Site) for any reason,
or no reason, at any time in its sole discretion, with or
without notice, including if it believes that you are under 13.
You may terminate your membership at any time for any reason
provided that if you are in an ongoing commitment you will
continue to be bound by the terms of that commitment until that
commitment terminates.
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Registration Data; Account Security You agree
to (a) provide accurate, current, and complete information about
yourself as may be prompted by any registration forms on the
Site ("Registration Data"); (b) maintain the security of your
password and identification; (c) maintain and promptly update
the Registration Data, and any other information you provide to
the Company, to keep it accurate, current and complete; and (d)
be fully responsible for all use of your account and for any
actions that take place using your account.
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User Rights and Limitations.
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The User has a nonexclusive, nontransferable, limited, and
revocable right to use the Site solely for User's personal,
non-commercial use. The User will not use the Site for any
other purpose, including any commercial purpose, without the
Company's prior written consent. The User represents,
warrants, and agrees that no materials of any kind submitted
through the User's account or otherwise posted, transmitted,
or shared by the User on or through the Site will violate or
infringe upon the rights of any third party, including
copyright, trademark, privacy, publicity or other personal
or proprietary rights; or contain libelous, defamatory, or
otherwise unlawful material. The User also agrees to use the
Site in a manner consistent with any and all applicable laws
and regulations.
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The User agrees not to use the Site or to authorize any
other person to use the Site to:
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cause the Site, or any portion thereof, to be framed in
such a way that the Site, or any portion thereof,
appears on the same screen with a portion of another
website;
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harvest or collect email addresses or other contact
information of other users from the Site by electronic
or other means for any reason including sending
unsolicited emails or other unsolicited communications;
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use the Site in any prohibited or unlawful manner or in
any other manner that could damage, disable, overburden
or impair the Site;
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use automated scripts to collect information from or
otherwise interact with the Site;
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upload, post, transmit, share, store, or otherwise make
available any content that the Company deems to be
harmful, threatening, unlawful, defamatory, infringing,
abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights,
hateful, racist, or otherwise objectionable, including
the weights and other sensitive personal information of
users without such users' written permission;
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upload, post, transmit, share, store, or otherwise make
available any videos other than those of a personal
nature that: (i) are of you or your friends, (ii) are
taken by you or your friends, or (iii) are original art
or animation created by you or your friends;
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register for more than one User account, register for a
User account on behalf of an individual other than
yourself, or register for a User account on behalf of
any group or entity;
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impersonate any person or entity, or falsely state or
otherwise misrepresent yourself, your age, or your
affiliation with any person or entity;
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upload, post, transmit, share or otherwise make
available any unsolicited or unauthorized advertising,
solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other
form of solicitation;
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solicit personal information from anyone under 18 or
solicit passwords or personally identifying information
for commercial or unlawful purposes;
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upload, post, transmit, share or otherwise make
available any material that contains software viruses or
any other computer code, files, or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment;
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upload, post, transmit, share, store or otherwise make
available content that would constitute, encourage or
provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create
liability or violate any local, state, national or
international law;
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use or attempt to use another's account, service, or
system without authorization from the Company, or create
a false identity on the Site;
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upload, post, transmit, share, store or otherwise make
available content that, in the sole judgment of the
Company, is objectionable or which restricts or inhibits
any other person from using or enjoying the Site, or
which may expose the Company or its users to any harm or
liability of any type;
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manipulate your weight in short-term ways that violate
our Guidelines for Losing Weight Safely, including
engaging in rapid hydration or dehydration, binging,
purging, and/or weight-loss surgery;
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misrepresent your weight or make any other
misrepresentation that affects a commitment;
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use services repeatedly for the purpose of being a
"professional" competitor;
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use more than the allowable number of commitments;
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without limiting any of the foregoing, you also agree to
abide by our Motive Code of Conduct that provides
further information regarding the authorized conduct of
users on any Motive site.
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Proprietary Rights in Site Content; Limited License.
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Proprietary Rights. The User acknowledges and agrees that
all content on the Site, including designs, text, graphics,
pictures, photographs, video, information, applications,
software, music, sound, and other files, and their selection
and arrangement (the "Site Content"), are the property of
Motive and its content providers and that the Company and
its content providers retain all right, title, and interest
in the Site Content. No Site Content may be modified,
copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any
form or by any means, in whole or in part, without Motive's
prior written permission, except that the foregoing does not
apply to the User Content (as defined below) that the User
legally posts on the Site.
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Limited License. Provided that the User is eligible to use
the Site, the User is granted a limited license to access
and use the Site and the Site Content and to download or
print a copy of any portion of the Site Content to which you
have properly gained access solely for your personal,
non-commercial use, provided that you keep all copyright,
trademark, service mark, or other proprietary notices
intact. This limited license shall permit the User to share
his or her User Content through social media, e-mail, or
other Internet platforms. Except for User Content, you may
not upload or republish Site Content on any Internet,
Intranet, or Extranet site or incorporate any Site Content
in any other database or compilation, and any other use of
the Site Content is strictly prohibited. The license granted
by this Terms of Use does not permit the use of any data
mining, robots, spiders, or similar data gathering or
extraction methods. Any use of the Site or the Site Content
other than as specifically authorized herein, without the
prior written permission of Company, is strictly prohibited
and will terminate the license granted herein. Such
unauthorized use may also violate applicable laws including
copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein,
nothing in these Terms of Use shall be construed as
conferring any license to intellectual property rights,
whether by estoppel, implication, or otherwise. This license
is revocable at any time without notice and with or without
cause.
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User Content Posted on the Site.
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User Responsibility. You are solely responsible for the
photos, profiles (including your name, image, avatars, and
likenesses), messages, notes, text, information, music,
video, advertisements, listings, and other content that you
upload, publish or display (hereinafter, "post") on or
through the Site (collectively the "User Content"). You may
not post, transmit, or share User Content on the Site that
you did not create or that you do not have permission to
post. You understand and agree that the Company may, but is
not obligated to, review the Site and may delete or remove
(without notice) any Site Content or User Content in its
sole discretion, for any reason, or no reason, including
User Content that in the sole judgment of the Company
violates this Agreement or the Motive Code of Conduct, might
be offensive, illegal, threatening to the safety of users or
others, unpleasant, or might violate the rights of users or
others. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any User
Content you post or store on the Site or provide to the
Company.
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License. When you post User Content to the Site, you
authorize and direct us to make such copies thereof as we
deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User
Content to any part of the Site, you automatically grant,
and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any
purpose, commercial, advertising, research or otherwise, on
or in connection with the Site or the promotion thereof, to
prepare derivative works of, or incorporate into other
works, such User Content, and to grant and authorize
sublicenses of the foregoing, provided that the Company may
not use User Content in violation of the Privacy Policy.
Aside from the license granted herein, Users retain all
rights to their User Content, including the right to remove
User Content at any time. If a User removes his or her User
Content, then the license granted herein shall automatically
expire, except that the Company shall retain such license to
the extent that the Company has incorporated such content
onto its content sites or in its advertising or promotional
materials, and shall have the right to retain archived
copies of such content.
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Submissions. You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information
about the Site ("Submissions"), provided by you to the
Company are non-confidential and shall become the sole
property of the Company. The Company shall own exclusive
rights (including all intellectual property rights) to and
shall be entitled to the unrestricted use and dissemination
of, these Submissions for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
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Intellectual Property.
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Trademarks. Motive and other Company graphics,
logos, designs, page headers, button icons, scripts and
service names are registered trademarks, service marks, or
trade dress of the Company in the U.S. and/or other
countries. The Company's trademarks and trade dress may not
be used, including as part of trademarks and/or as part of
domain names, in connection with any product or service in
any manner that is likely to cause confusion and may not be
copied, imitated, or used, in whole or in part, without the
prior written permission of the Company.
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License. When you post User Content to the Site, you
authorize and direct us to make such copies thereof as we
deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User
Content to any part of the Site, you automatically grant,
and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any
purpose, commercial, advertising, research or otherwise, on
or in connection with the Site or the promotion thereof, to
prepare derivative works of, or incorporate into other
works, such User Content, and to grant and authorize
sublicenses of the foregoing, provided that the Company may
not use User Content in violation of the Privacy Policy.
Aside from the license granted herein, Users retain all
rights to their User Content, including the right to remove
User Content at any time. If a User removes his or her User
Content, then the license granted herein shall automatically
expire, except that the Company shall retain such license to
the extent that the Company has incorporated such content
onto its content sites or in its advertising or promotional
materials, and shall have the right to retain archived
copies of such content.
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Copyright Protection.
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You may not post, distribute or reproduce any
copyrighted material, trademarks, or service marks or
other proprietary information owned by another party
without obtaining the prior written consent of the
copyright owner. If you believe that your work has been
copied and posted on the Website without your permission
or in any other way that constitutes copyright
infringement, please review and follow the procedures
set forth in our Copyright Policy.
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In accordance with the Digital Millennium Copyright Act
(DMCA) and other applicable law, the Company has adopted
a policy of terminating, in appropriate circumstances
and at the Company's sole discretion, members who are
deemed to be repeat infringers. The Company may also at
its sole discretion limit access to the Site and/or
terminate the memberships of any users who infringe any
intellectual property rights of others, whether or not
there is any repeat infringement or infringement of the
Company's intellectual property rights specifically.
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Third Party Websites and Content.
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The Site contains (or you may be sent through the Site to)
links to other web sites ("Third Party Sites") as well as
articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software,
and other content or items belonging to or originating from
third parties (the "Third Party Applications, Software or
Content"). Such Third Party Sites and Third Party
Applications, Software or Content are not investigated,
monitored or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third
Party Sites accessed through the Site or any Third Party
Applications, Software or Content posted on, available
through or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy
practices or other policies contained in the Third Party
Sites or the Third Party Applications, Software or Content.
Inclusion of, linking to, or permitting of the use or
installation of any Third Party Site or any Third Party
Applications, Software, or Content does not imply approval
or endorsement thereof by us. If you decide to leave the
Site and access the Third Party Sites or to use or install
any Third Party Applications, Software, or Content, you do
so at your own risk and you should be aware that our terms
and policies no longer govern. You should review the
applicable terms and policies, including privacy and data
gathering practices, of any site to which you navigate from
the Site or relating to any applications you use or install
from the Site.
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Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply
endorsement, sponsorship, or recommendation thereof, or any
affiliation therewith, by the Company. Even if we recommend
certain products, we are not offering any warrantees about
the quality or safety of such products, either explicit or
implied.
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Third Party Websites and Content.
You are solely responsible for your interactions with other
Motive users. We reserve the right, but have no obligation, to
monitor and/or resolve disputes between you and other users. In
the event that we do resolve a dispute between or among you and
other users, our decision shall be final.
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Motive Fees.
Motive’s services fees, including payment and refund
requirements, are set forth in the various services rules and
FAQ’s. These fees may be changed from time to time. Fees include
direct fees as well as a percentage of the payouts.
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Disclaimers
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Content. The Company is not responsible or liable in any
manner for any User Content or Third Party Applications,
Software, or Content posted on or accessible through the
Site, whether posted or caused by users of the Site, by
Motive, by third parties, or by any of the equipment or
programming associated with or utilized in the Site.
Although we provide rules for user conduct and postings, we
do not control and are not responsible for what users post,
transmit, or share on the Site and are not responsible for
any offensive, inappropriate, obscene, unlawful, or
otherwise objectionable content you may encounter on the
Site or in connection with any User Content or Third Party
Applications, Software, or Content. The Company is not
responsible for the conduct, whether online or offline, of
any user of the Site.
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Availability and Data Integrity. The Site may be temporarily
down from time to time for maintenance or other reasons. The
Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of,
User communications including but not limited to User
Content. The Company is not responsible for any technical
malfunction or other problems of any telephone network or
service, computer systems, servers or providers, computer or
mobile phone equipment, software, failure of email or users
on account of technical problems or traffic congestion on
the Internet or at any website or combination thereof,
including injury or damage to User's or to any other
person's computer, mobile phone, or other hardware or
software, related to or resulting from using or downloading
materials in connection with the worldwide web and/or in
connection with the Site. Under no circumstances shall the
Company be responsible for any loss or damage, including any
loss or damage to any User Content or personal injury or
death or to losses of bets on Motive, resulting from
anyone's use of the Site, any User Content or Third Party
Applications, Software or Content posted on or through the
Site or transmitted to Users, or any interactions between
users of the Site, whether online or offline.
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Viruses and Malware. The Company does not represent or
warrant that software, content or materials on the Site, or
any Third Party Applications, Software, or Content are
accurate, complete, reliable, current, or error-free or that
the Site, its servers, or any Third Party Applications,
Software or Content are free of viruses or other harmful
components. Therefore, you should exercise caution in the
use and downloading of any such software, content or
materials and use industry-recognized software to detect and
disinfect viruses.
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Health Disclaimer. Motive is not a medical organization.
Nothing contained in this Agreement or on the Site should be
construed as medical advice. The information offered by
Motive and its affiliates should not be interpreted as a
substitute for physician consultation, evaluation, or
treatment. The User acknowledges that Motive has no
knowledge of any User's health condition(s) and that User
alone is responsible for any actions User takes that may
have any health or other risks to User. User shall satisfy
himself or herself, including consulting with a physician,
before using any Motive service. Motive may from time to
time provide advice and comments as to weight loss and other
health and wellness issues on its website or through e-mails
and other media, including text, graphics, and images. This
content is for informational purposes only and is not
intended to be a substitute for professional review of your
particular situation. Motive does not endorse or recommend
any products, services, procedures or opinions that may be
mentioned on its site.
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Results. We believe our services, when used properly, will
help most people to reach their goal including weight loss
or maintenance and optimization of running or walking. The
Company cannot guarantee and does not promise any specific
results from use of the Site and/or any Third Party
Applications, Software, or Content. In no case shall the
Company be responsible to you for losing money should you
wager on any Motive sites. You acknowledge that betting is
inherently risky.
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Organizers. Motive services may be organized by an
individual not associated with the company. These services
may be private or open to the public. These Organizers have
the right to eject users at their own discretion. Any
disputes you have with Organizers must be resolved directly
with the Organizer. The Company will not mediate such
disputes or take any responsibility for the actions or
inactions of service Organizers.
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Hosts. Motive services may be hosted by individuals who may
or may not be associated with the company. Motive is not
responsible for any advice or tips they may offer in their
services. If Hosts offer specific prizes in their services,
they are responsible for delivering those prizes directly to
users of the service. Motive is under no obligation to
fulfill those prizes or incentives.
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Disqualifications and Ejections. You may be disqualified for
a variety of reasons by the service Organizer or Host,
including violating Motive's rules, Terms of Use, or for
displaying bad sportsmanship in the judgment of your
Organizer or Host. If you are disqualified or ejected for
any reason, you will not receive a refund. You further
acknowledge that the service Organizer or Host has the
absolute and unappealable right to eject anyone in the
service. If you are not comfortable giving the Organizer or
Host this power, do not use it.
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Reservation of Rights.
The Company reserves the right, solely in its discretion, to
change any and all content, software, and other items used or
contained in the Site at any time without notice; modify and/or
discontinue the Site at any time without notice; and terminate
your username, password and account, should you be in violation
of the Terms of Use.
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Disclaimer of Representations, Etc.
THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE
COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT,
MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM
OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES
TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER
HARM OF ANY KIND THAT MAY RESULT.
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Limitation on Liability.
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IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST
DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY
APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT
OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM
THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE
SITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL
EXCEED $1,000. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY
AMOUNTS LOST THROUGH A BET MADE ON OR THROUGH THE SITE. YOU
ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF
THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED
TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE
CAUSE OF ACTION.
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Indemnity.
You agree to indemnify and hold the Company, its subsidiaries
and affiliates, and each of their directors, officers, agents,
contractors, partners and employees, harmless from and against
any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in
connection with any User Content, any Third Party Applications,
Software or Content you post or share on or through the Site,
your use of the Site, your conduct in connection with the Site
or with other users of the Site, or any violation of this
Agreement or of any law or the rights of any third party.
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Communications from Motive
By using a Motive services you acknowledge that during the usage
you will automatically receive certain messages related to the
service. We default to opt-out because we believe these
service-related messages are fundamental to the experience of
using. You may control your notifications preferences from our
site and opt-out or (or opt back into) messaging at any time.
Please see our Privacy Policy for how we protect the private
data that you entrust to us.
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Miscellaneous
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Governing Law; Venue and Jurisdiction. By visiting or using
the Site, you agree that the laws of the Hong Kong, without
regard to principles of conflict of laws, will govern these
Terms of Use and any dispute of any sort that might arise
between you and the Company or any of our affiliates. With
respect to any disputes or claims not subject to arbitration
(as set forth below), you agree not to commence or prosecute
any action in connection therewith other than in the Hong
Kong courts, and you hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non
conveniens with respect to venue and jurisdiction in Hong
Kong courts.
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Definitions and Constructions. Unless otherwise specified,
the terms "includes", "including", "e.g.,", "for example",
and other similar terms are deemed to include the term
"without limitation" immediately thereafter. Terms used in
these Terms with the initial letter(s) capitalized will have
the meaning attributed to them in these Terms.
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No Agency, Etc. There is no agency, partnership, joint
venture, employee-employer or franchisor-franchisee
relationship between you and us or between us and any other
Member or user of the Website.
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Survival. Although this Agreement may be terminated by you
or us at any time and for any reason, the following
provisions of these Terms of Use shall survive any such
termination: the introductory provisions; all provisions
relating to rights and limitations on rights (except that
all rights of users shall terminate on the termination of
this Agreement); all disclaimer, limitation on liability,
and indemnity provisions; and Sections 18 and 19 of this
Agreement.
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Prohibited Use. Use of the Site where prohibited is void.
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Entire Agreement. These Terms of Use constitute the entire
agreement between you and Company regarding the use of the
Site, superseding any prior agreements between you and the
Company relating to your use of the Site. This Agreement may
not be changed orally.
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Other. The failure of the Company to exercise or enforce any
right or provision of these Terms of Use shall not
constitute a waiver of such right or provision in that or
any other instance. If any provision of these Terms of Use
shall be held invalid or deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed
severable from these Terms of Use and shall not affect the
validity and enforceability of any remaining provision.
Motive's Code of Conduct
We encourage good-natured jocularity in the spirit of friendly
competition but we also intend for Motive to be a place where people
respect the rights and feelings of others, including third party
intellectual property rights. Therefore, we have established certain
rules for using Motive and for posting messages, photoplays, video
and other content ("Content") on Motive, which rules are set forth
in the Terms of Use and in this Code of Conduct. WHEN YOU USE A
MOTIVE SERVICE, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT AND
THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO
THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER
THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT
THAT YOU HAVE POSTED ON MOTIVE OR ANY OF IT'S SITES, WITH OR WITHOUT
NOTICE, AS DETERMINED BY MOTIVE IN ITS SOLE DISCRETION. Please refer
to our Terms of Use for more information about the rules applicable
to your use of Motive and the other rights and remedies of Motive.
Motive's Anti-Cheating Provisions
Motive expects and requires fairness on the part of its users. To
assure compliance with its standards, Motive reserves the right to
require additional audit of results. Some users may be required to
submit additional proof of their final submission within 24 hours of
being requested to do so. Instructions on the process will be sent
to the user upon being notified of this requirement. Non-compliance
by a user with these requirements will result in forfeiture of a
user's winning proceeds and initial bet. Further, Motive may in its
complete discretion decline to permit any individuals to participate
in its services. By enrolling in one of Motive's services, the user
accepts all of Motive's terms and conditions and acknowledges that
that the decisions of Motive's officials shall be final and
conclusive with respect to all matters involving Motive services.
SUBMISSION OF FRAUDULENT INFORMATION NOT ONLY VIOLATES MOTIVE'S
SERVICES RULES BUT MAY SUBJECT THE USER TO CRIMINAL PENALTIES.
Third-Party Content
Motive allows you to upload and share user-generated Content with
your friends, including photographs and videos you upload from your
camera, webcam or mobile phone. This means that you may post and
share original photographs and videos of a personal nature that: (i)
are of you or others, (ii) are taken by you or others, or (iii) are
original art or animation created by you or others. It is not
intended as a place for you to post third-party copyrighted content.
In addition, we expect our users to use good judgment and respect
the copyrights and other intellectual property rights of others.
Therefore, in using Motive, you may not: • upload or share any
photographs, videos or other Content other than original works that
are created by you or another user • post or share any Content that
infringes upon or violates the copyright, trademarks or other rights
of any third party • attempt to circumvent any content filtering
techniques we may employ.
Inappropriate Content
While we believe users should be able to express themselves and
their point of view, certain kinds of speech simply do not belong in
a community like Motive. Therefore, you may not post or share
Content that: • is obscene, pornographic, or sexually explicit •
depicts graphic or gratuitous violence • makes threats of any kind
or that intimidates, harasses, or bullies anyone • is derogatory,
demeaning, malicious, defamatory, abusive, offensive or hateful.
Unlawful or Harmful Content or Conduct
Although as an online service provider we are not responsible for
the conduct of our users, we want Motive to be a safe place on the
internet. Therefore, in using Motive, you may not: • violate any
local, state, national, or international law or post any Content
that would encourage or provide instructions for a criminal offense
• impersonate any person or entity or otherwise misrepresent
yourself, your age, or your affiliation with any person or entity •
use Motive to send or make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
solicitation • post or share any personally identifiable or private
information of any third party • solicit passwords or personal
information from anyone, including those under 18 • use information
or content you obtained on the Motive website or service in any
manner not authorized by the Motive Code of Conduct or Terms of Use
• post any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment • register for more than one account;
use or attempt to use another's account, service, or system without
authorization; or create a false identity on the Service or the Site
• engage in any predatory or stalking conduct or taking any action
that harasses or embarrasses other users.
This Code of Conduct is subject to change or termination at any time
at Motive's sole discretion.