Welcome to MOTISports.com, and thanks for accessing our services. The services available on and through this website (the "Services" and the "Site") are provided by MOTI Sports, Inc. ("MOTI Sports").
Your use of the Services is governed by these terms and conditions (this "Agreement"). By using the Services, you agree to be bound by this Agreement, whether you are a visitor, which means that you simply browse the Site or any of its applications, or you are a user with a registered account. MOTI Sports may modify this Agreement from time to time and such modification shall be effective once posted to the Site. You agree to be bound to any changes to this Agreement when you use the Services after any modification to this Agreement has been posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
The term "User" refers to any visitor or registered user of the Services, unless provided otherwise. You are only authorized to use the Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site or any of its applications and discontinue use of the Services immediately. If you wish to become a registered User, communicate with other Users, and make full use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
Use of Services is void where prohibited. By using the Services, you represent to us that (a) any registration information you submit is truthful and accurate; (b) you are 13 years of age or older; and (c) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your use of the Services and Site may be terminated without warning or notification to you, if we believe that you are under 13 years of age.
When you sign up to become a User, you will also be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all uses of your account.
In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Any such additional terms are hereby incorporated by reference into this Agreement.
You may not sell or modify the material or reproduce, republish, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. Unauthorized use of the Services for any other purpose is prohibited. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or its content without our prior written permission.
MOTI Sports does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post or upload to the Site and/or through the Services ("User Generated Content"). After posting or uploading your User Generated Content to the Site and/or through the Services, you continue to retain all your ownership rights in such User Generated Content.
You are solely responsible for any third party Content in your User Generated Content and for the use of the User Generated Content, including on our Site and through the Services. We reserve the right to remove such content or your User Generated Content if required by such third parties.
To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or the MOTI Sports Entities, and you shall procure the same agreement not to enforce from any others who may possess such rights. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted by you to or through the Services.
We reserve the right to remove any User Content that is alleged to infringe the copyright of a third party or otherwise violates your rights and/or to suspend or terminate a User's access privileges in the event of repeat infringement by a User.
If you are a copyright owner or authorized agent and believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, or if you believe that your rights have otherwise been violated by the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Legal Department to receive notifications of claimed infringement by email at email@example.com. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice pursuant to the DCMA containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, MOTI Sports may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The Site and the Services, as well as certain Content available therein (together, "MOTI Sports Intellectual Property"), are protected by copyright, trademark, patent, trade secret and other intellectual property laws in the United States and other countries, and MOTI Sports owns and retains all such rights in the MOTI Sports Intellectual Property. MOTI Sports hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the MOTI Sports Intellectual Property solely for your personal use in connection with viewing the Site and using the Services. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any MOTI Sports Intellectual Property appearing on the Site or through the Services.
Without limiting the foregoing, MOTI Sports and logos, are trademarks of MOTI Sports, protected under international law, the laws of the United States and other countries. Other parties' trademarks used, depicted or identified on this Site are the property of their respective owners, used here by permission, and may be registered in one or more countries. Use on this Site of the trademark(s) (including, but not limited to, names and logos) of any other party is not intended to imply MOTI Sports's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of MOTI Sports and their products or services.
Your right to use the Services is conditioned on your compliance with this section. You agree not to post on this Site or through the Services, User Content that is:
Further, you agree not to use the Services to participate in:
You agree not to cover or obscure any advertisements on the Site, or interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. You agree not to attempt to impersonate another User, and you acknowledge that the Services are for public and not private communications and that you have no expectation of privacy with regard to any User Content. We cannot guarantee the security of any information you disclose; you make such disclosures at your own risk. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Content on this Site is at your own risk.
If you become aware of misuse of the Services by any person, please contact MOTI Sports at firstname.lastname@example.org. MOTI Sports reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
You understand that all materials submitted by users ("User Materials"), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not MOTI Sports are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will MOTI Sports be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service.
You acknowledge that MOTI Sports may or may not pre-screen User Materials, but that MOTI Sports and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Service. Without limiting the foregoing, MOTI Sports and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in MOTI Sports' sole discretion. You understand that by using the Service, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Service.
With respect to User Materials you submit or make available on the Service, you grant MOTI Sports an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
You agree to indemnify and hold MOTI Sports, the MOTI Sports Entities, and their subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content posted on the Site or through the Services causes MOTI Sports to be liable to another third party or User.
The User is allowed to place advertisements from User sponsors within the context of their MOTI Sports Team page(s) for the purpose of supporting the User Team. Users are solely responsible for obtaining sponsors' written permission to use the sponsor's name, logo, and trademarks in accordance with the sponsor's policies. User holds MOTI Sports, Inc. harmless and indemnifies MOTI Sports, Inc. against any and all violations with respect to any misrepresentations of sponsors. MOTI Sports, Inc. requires Users to follow a high standard of sponsor advertising with in their images and websites. Violations of these high standards will result in User suspension of services provided.
The Site contains links to web sites not operated or maintained by MOTI Sports. These links are provided solely as a convenience to you the User and not as an endorsement by MOTI Sports of the contents of such third party web sites. MOTI Sports is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk, and waive any and all claims against MOTI Sports regarding the inclusion of links to outside web sites or your use of those web sites.
DISCLAIMERS OF WARRANTIES: MOTI Sports DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MOTI Sports IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MOTI Sports, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. MOTI Sports MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER MOTI Sports NOR THE MOTI Sports ENTITIES OR THEIR DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THIS SITE AND SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. MOTI Sports makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this site and the provisions of this Agreement.
This Agreement shall be interpreted, construed and governed by the laws of the State of Minnesota, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the District Courts of the State of Minnesota in Hennepin County or the Federal District Court of the District of Minnesota (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, MOTI Sports shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. MOTI Sports' failure to expressly enforce any provision of this Agreement does not waive its rights to enforce that or any other provision.
Because MOTISports.com is offering a non-tangible irrevocable goods and has implemented the Instant Payment Notification (IPN) system, which allows subscriber to immediately use the site after paying the Subscription fee, without any exception we will provide a 100% refund if requested within 14 business days of subscription begins, after that period MOTI Sports reserves the right to review REFUNDS on a case by case basis. MOTI Sports reserves the right to change this policy at any time.
To request a refund, please email email@example.com with the following information:
MOTI Sports will process your request within 45 days.
For this reason, we strongly recommend that before payment, our Users:
By making a payment for Subscription to our site, you acknowledge that you have read and agree to the above Refund Policy.
This Agreement constitutes the entire agreement between you and MOTI Sports regarding the use of the Services.