About THEMOTU.com
THEMOTU,
Terms and Conditions
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Description of Service. THEMOTU.com is a free, online community where the community decides what is MOTU (Master of the Universe) worthy.
(the "Service"). You understand and agree that the Service is provided on an AS IS and AS
AVAILABLE basis. themotu.com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. themotu.com also reserves the right to
modify, suspend or discontinue the Service with or without notice at any time and without
any liability to you.
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Personal Use. The Service is made available to you for your personal use
only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at
http://www.ftc.gov/ogc/coppa1.htm), you
must be at least thirteen (13) years of age to use this Service. You must provide current,
accurate identification, contact, and other information that may be required as part of the
registration process and/or continued use of the Service. You are responsible for
maintaining the confidentiality of your Service password and account, and are responsible
for all activities that occur thereunder. themotu.com reserves the right to refuse service to
anyone at any time without notice for any reason.
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Proper Use. You agree that you are responsible for your own communications
and for any consequences thereof. Your use of the Service is subject to your acceptance of
and compliance with the Agreement. You agree that you will use the Service in compliance
with all applicable local, state, national, and international laws, rules and regulations,
including any laws regarding the transmission of technical data exported from your country
of residence. You shall not, shall not agree to, and shall not authorize or encourage any
third party to: (i) use the Service to upload, transmit or otherwise distribute any content
that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or
is otherwise objectionable as reasonably determined by themotu.com; (ii) upload, transmit or
otherwise distribute content that infringes upon another party's intellectual property
rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent
others from using the Service; (iv) use the Service for any fraudulent or inappropriate
purpose; or (v) act in any way that violates the Program Policies, as may be revised from
time to time. Violation of any of the foregoing may result in immediate termination of this
Agreement, and may subject you to state and federal penalties and other legal consequences.
themotu.com reserves the right, but shall have no obligation, to investigate your use of the
Service in order to determine whether a violation of the Agreement has occurred or to
comply with any applicable law, regulation, legal process or governmental request.
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Introduction
The Website Owner, including subsidiaries and affiliates ("Website" or "Website Owner" or "we" or "us" or "our") provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
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Information on the Website
While every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
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Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
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External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
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Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
8.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
8.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
8.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
8.4 violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of the Website Owner or any other third party;
8.5 submit contents containing marketing or promotional material which is intended to solicit
8.6. collect or store personal data about other users;
8.7 for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
8.8 to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any themotu.com user
8.9 to create or submit unwanted email "Spam" to any other users
8.10 attempt to impersonate another user or person;business.
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Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
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Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
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Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
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Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than United States ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
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General
13.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
13.2 Alteration
the Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
13.3 Conflict.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
13.4 Waiver.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
13.5 Cession.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
13.6 Severability.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
13.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of United States without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of United States in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
13.8 Comments or Questions.
If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
Privacy Policy Statement
This is the web site of themotu.com.
Our postal address is
Colorado
We can be reached via e-mail at support@themotu.com
We collect the domain name and e-mail address (where possible) of visitors to our Web page, the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who make postings to our chat areas, information volunteered by the consumer, such as survey information and/or site registrations and Gender; Name; Email Address.
The information we collect is used to improve the content of our Web page, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Web site, , disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our Website and applicable laws or to protect against misuse or unauthorized use of our Website.
With respect to cookies: We use cookies to store visitors preferences, record past activity at a site in order to provide better service when visitors return to our site .
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.
With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.
Upon request we provide site visitors with access to the information that we have collected.
Upon request we offer visitors the ability to have inaccuracies corrected in contact information, unique identifiers.
Consumers can have this information corrected by or support@themotu.com.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.
