terms and conditions

Motenet provides products and services subject to the following terms. By using any of Motenet products or services, you agree to abide by and be legally bound by these terms.

a few definitions

This document uses a few capitalized words with specific assigned meanings. "Motenet" and "We" mean Motenet, Inc., together with its affiliated entities, "Services" means Motenet's products, software, services and websites, and "Terms" means these terms and conditions, as they may exist from time to time.

changes to terms

We reserve the right, in our discretion, to change, modify, add, or delete portions of these Terms at any time and without notice. If we change these Terms, we will post the changes on this page and will indicate the date the change became effective. Your continued use of the Services after any change will constitute your acceptance of the revised Terms.

eligibility and use

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and that you are at least 13 years old. The Services are intended only for users who are at least 13 years old, and use of Services by anyone younger than 13 is prohibited. You agree to use the Services only for purposes permitted by these Terms and by applicable laws, regulations and generally accepted practices and guidelines.

We may prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) without liability, for any reason or no reason, at any time, in our sole discretion, and with or without notice.

privacy and confidentiality

Motenet's Privacy Notice, which describes our practices relating to users' privacy, also governs your use of the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password.

license, access and changes to services

Motenet grants you a limited license to access and make personal use of the Services solely in accordance with these Terms. This license does not include, and does not permit, any resale, commercial use, or derivative use of the Services or any content, any downloading or copying of information for the benefit of another business, or any use of data mining, robots, or similar data gathering and extraction tools.

We grant you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of any Service, so long as the link does not portray Motenet or the Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Motenet logo or other proprietary graphic or trademark as part of the link without our express written permission.

You may not frame or utilize framing techniques to enclose any Motenet trademark, logo, or other proprietary information (including images, text, page layout, or form), or use any meta tags or any other " hidden text " using Motenet's name or trademarks.

We reserve the right to modify or terminate the Services for any reason, and without notice, without liability to you or any third party. Any unauthorized use of the Services or breach of these Terms will terminate your license and access to the Services.

copyrights, trademarks and patents

All content included in the Services (such as text, graphics, logos, button icons, images, data compilations, and software), the compilation of such content, and all software used in the provision of the Services is the property of Motenet or, as applicable, its content or software suppliers. All such items are protected by United States and international copyright laws.

Mote.net, Nightmote, and other Motenet graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Motenet in the U.S. and/or other countries. Motenet's trademarks and trade dress may not be used in connection with any product or service that is not Motenet's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Motenet. All trademarks that are not owned by Motenet and that appear in the Services are the property of their respective owners.

One or more patents and/or patent applications owned by Motenet apply to the Services.

user content

Users may submit reviews, comments, photos, data and other content for use in the Services, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable or injurious to third parties. Users may not submit content that consists of or includes software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

If you submit content, you grant Motenet a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world and in any media. Except as provided in our Privacy Policy, you grant Motenet and its sublicensees (at our and their option) the right to use the name that you provide in connection with such content. You represent and warrant that you own or otherwise control all of the rights to your submitted content, that such content is accurate, and that use of such content does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Motenet for all claims resulting from the content you submit.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content you submit. Motenet has the right ( but not the obligation ) to monitor and edit or remove any user-submitted content. Motenet takes no responsibility and assumes no liability for any content submitted by you or any third party.

Notice and Procedure for Making Claims of Copyright Infringement

Motenet respects the intellectual property of others. If you believe that y our work has been copied in a way that constitutes copyright infringement, please provide the written information specified below to Motenet's copyright agent.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located within the Service;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that this procedure is exclusively for notifying Motenet that your copyrighted material has been infringed. Motenet's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
Motenet, Inc.
P.O. Box 4459
Seattle, WA 98194
phone: (206) 554-1498
e-mail: copyright@mote.net

Courier address:
Copyright Agent
Motenet, Inc.
811 First Avenue, Suite 480
Seattle, WA 98104
USA

mobile use

Portions of the Services involve communication between Motenet and its users' mobile communication devices. Although Motenet does not charge for its services , your carrier's standard/other charges may apply. In addition, downloading, installing, or using certain Services may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices.

By using Services that involve mobile communication, you agree that we may communicate with you regarding Motenet and other entities by SMS, MMS, text message or other electronic means to your mobile device, and that certain information about your usage of such Services may be communicated to us.

You can opt-out of Motenet text message Services at any time by sending a text message with the word "STOP" to 686683. You may get help with Motenet text message Services by sending a text message with the word "HELP" to 686683. You may also visit the frequently asked questions.

warranty disclaimer

MOTENET PROVIDES THE SERVICES (AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SERVICES) ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

MOTENET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOTENET DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

MOTENET DOES NOT WARRANT THAT THE SERVICES (OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SERVICES), MOTENET'S SERVERS, OR E-MAIL OR MESSAGES SENT FROM MOTENET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND ALL SUCH ITEMS IS AT YOUR SOLE RISK.

limitation of liability

MOTENET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SOFTWARE INCLUDED IN OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

indemnification

You agree to indemnify and hold harmless Motenet and its officers, agents, and other partners and employees from any loss, liability, claim, or demand (including reasonable attorney's fees) made by any third party due to or arising out of your use of the Services, your conduct relating to the Services or your breach of any of these Terms.

disputes

Any dispute relating in any way to your use of the Services will be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Motenet's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington. You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

general terms

These Terms constitute the entire legal agreement between you and Motenet governing your use of the Services, and completely replace any prior agreements between you and Motenet relating to such use.

The laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and Motenet.

Motenet may communicate with you by e-mail, by posting notices within or through the Services, or by sending messages to your mobile device. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Motenet's failure to exercise or to enforce any legal right or remedy contained in these Terms (or to which Motenet is entitled under applicable law) will not constitute a waiver of its right to subsequently exercise or enforce such rights or remedies.

If a court having jurisdiction holds that any provision of these Terms is invalid, such invalidity will not affect the remaining provisions.

You may not assign or transfer these Terms, or any of your rights and licenses granted hereunder, to any third party. Motenet may assign these Terms (including any or all of its rights and remedies provided by these Terms) without restriction.