The following Terms of Service govern your visit and use of this website. MOTA (“mota”, “we” or “us” as the context requires) may change these Terms of Service in our discretion from time to time without any advance notice to you. Please check these Terms of Service each time you visit to ensure that you are familiar with and agree to our then-current Terms of Service. Your use of our website is your confirmation each time that you agree to be bound by our Terms of Service. If you do not agree to be bound by our Terms of Service, you must not use this website.
Your use of our website mota.fm: We publish and maintain our website (https://mota.fm) and its text, images, content and other information solely for your personal, non-commercial use, and solely for informational purposes. All other uses are prohibited without our express prior written consent. We may discontinue your use of or access to this website or portions thereof at any time in our sole discretion without any advance notice to you. We may discontinue publication and maintenance of this website or portions thereof at any time in our sole discretion.
Intellectual Property: This website © 2019. All rights reserved. Unauthorized use is prohibited. You may not reproduce, retransmit, sell, decompile, rent or otherwise commercialize this website or its information without our express prior written consent, except that you may print one copy of pages from this website for your personal, non-commercial use. Patents, trademarks and copyrights used on this website are the property of their respective owners. As new products are developed and/or modifications are made, additional patent, trademark, and/or copyright protections may apply and same shall be incorporated into and form part of these Terms of Service with or without any further notice.
Your submission of content and information to us: Any information that you submit to us via our “Contact Us” page, in blog comments, or otherwise, will not be treated as confidential information, and you should assume that it will be publicly viewable upon your submission. We may use (or not use, at our sole option) and permit others to use, edit, combine with other works, publish, reproduce and retransmit all such content and information (or portions thereof) as we choose, for commercial or non-commercial purposes, indefinitely, and in any and all media now or hereafter known. Please do not submit any personal information (such as your name, phone number, postal address, email address, Facebook page link, or other identifying information) that you do not want to be used in this manner. Do not submit personal information to us about another person without that person’s prior written consent. You agree not to submit any content or information that infringes or otherwise violates the intellectual property, patent, trademark, copyright, privacy, publicity, or other rights of any other person or entity. You agree to use this website as a good neighbor, and not to use it to harass, bully, threaten, demean or discriminate against others, or to post obscene or otherwise inappropriate content.
This website is not intended for children. This website is not directed to or intended for use by children under the age of 13 years. We do not request or knowingly collect any personal information from any person that is under the age of 13 years.
This website is not intended for use outside United States. Use of this website is intended only from within the United States. You are responsible for your compliance with the laws of any jurisdiction governing use of this website outside of the United States. You agree to use this website only for lawful purposes in a lawful manner. We do not represent or warrant that your use of this website will comply with the laws of the jurisdiction or territory in which you use it. You are responsible for your compliance with all applicable laws. You agree not to use or access this website from any jurisdiction or territory in which any of this website content is illegal or impermissible.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU AND BY USING THIS WEBSITE OR THE SERVICES (DEFINED BELOW) YOU HAVE ACCEPTED THAT RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ANY SERVICES, APPLICATIONS, PRODUCTS AND SOFTWARE PERFORMED, DELIVERED, DOWNLOADED FROM US OR OTHERWISE PROVIDED BY THIS WEBSITE (ALL COLLECTIVELY, “SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THESE TERMS OF SERVICE MAY NOT APPLY TO YOU. IN MAKING ANY DECISION, YOU MUST RELY ON YOUR OWN EXAMINATIONS. BEFORE DECIDING WHETHER TO MAKE ANY INVESTMENT OR PURCHASE. ACCORDINGLY, YOU SHOULD, AMONG OTHER THINGS, CONSIDER CAREFULLY THE RISKS AND UNCERTAINTIES AND CONSULT WITH YOUR OWN ATTORNEY, BUSINESS ADVISOR AND TAX ADVISOR AS TO ALL MATTERS, INCLUDING THE LEGAL, BUSINESS INVESTMENT AND TAX IMPLICATIONS OF ANY INVESTMENT OR PURCHASE. YOU MAY LOSE PART OR ALL OF YOUR INVESTMENT.
LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANY MEMBER OF MOTA.FM (AS DEFINED IN SECTION 10) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ONE OR MORE MEMBERS OF MOTA.FM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all claims and damages exceed the aggregate amount of fees you actually pay us for use of the Services in the last three months. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. You accept that we have an interest in limiting the personal liability of its members, owners, officers, and employees. Accordingly, you agree that you will not bring any claim personally against any member of the MOTA.FM in respect of any direct or indirect losses you suffer in connection with the Services.
Your website’s link to our website and other: You may link to our website provided that you link only to our home page or internal pages (i.e., you do not “deep link” into our website), for so long as and subject to our sole discretion. You will not use any spider, robot (“bot”), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor this website or any portions thereof. You agree not to access this website by any means other than via the user interface provided by us for such purpose. You will not run, frame or otherwise display any of our website content on any other website.
Our website’s links to third party websites: Our website contains links to websites operated by third parties. The mere fact that we link to another website does not mean that we endorse, recommend, sponsor, or have any other affiliation or relationship with that third party. We do not control such third parties, their websites or the information available via their websites. We disclaim all warranties and responsibility for such third party websites and their information. You visit and use such third party websites at your own risk.
Indemnification: You agree to defend, indemnify, and hold harmless each of us, and all of our respective members, licensors, and providers, and their respective affiliates, directors, officers, employees, agents and representatives (collectively, “MOTA”) from and against any and all claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney’s fees and costs) arising from or concerning your actual or alleged violation(s) of these Terms of Service or your actual or attempted use(s) of or access to this website, its services, or its information.
Any claims arising in connection with this website, information available via this website, or your use thereof, must be brought no later than one (1) year after the occurrence of event giving rise to the claim. Your remedies for all claims concerning this website, its information, or use thereof are limited to those expressly set forth in these Terms of Service. We may assign (whether by operation of law or otherwise), transfer, subcontract or otherwise deal with all of its rights, including those set forth herein without notifying you or obtaining your consent. You may not assign (whether by operation of law or otherwise), transfer, delegate, subcontract or otherwise deal with your rights and/or obligations under these Terms of Service. Any legal matters or notices to us may NOT be served via our website or its “Contact Us” page.
Jurisdiction and venue: These Terms of Service constitute an agreement between you and us, which you and we agree is deemed made within the State of California. These Terms of Service are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties shall make a good faith effort to resolve any pending breach of these Terms of Service, or any other dispute arising under or in connection with these Terms of Service, through mediation conducted within thirty (30) days following first assertion of the breach or dispute.
If eight (8) hours of such mediation does not fully resolve the breach or dispute, or if the parties do not conduct such mediation, the breach or dispute shall be resolved in Southern California by binding arbitration before a single member arbitration panel under the administration and rules of the American Arbitration Association. The parties agree to take and shall direct the arbitrator to take all necessary steps to conduct any arbitration only via teleconference (i.e., telephone) and written correspondence (including e-mail) to the fullest extent practicable and possible. Judgment rendered by the arbitrator may be entered in any court having jurisdiction. The parties agree that any arbitration proceeding conducted in connection with these Terms of Service, any arbitration related papers, arbitration decision, arbitration award as well as these Terms of Service and contents thereof shall be and shall at all times remain completely confidential and, except as may be required by applicable laws, shall not be directly or indirectly disclosed to any third party and/or otherwise published in any medium (including anywhere on the Internet and/or on any blog).
The parties waive all rights to bring claims and actions under or concerning these Terms of Service in any state or federal courts (other than to enforce an arbitration award or order granted in connection with these Terms of Service), including without limitation class action litigation. You agree that the state and federal courts located within Los Angeles County, California shall have irrevocable personal jurisdiction over you for the purpose of enforcing such arbitration awards. You agree not to challenge such courts’ personal jurisdiction or venue for such purpose by raising “inconvenient forum” or similar defenses. Notwithstanding the foregoing mediation and arbitration provisions, we shall never be precluded or delayed from seeking and obtaining temporary, preliminary and permanent injunctive relief without the posting of any bond against infringement or other violation of its claimed intellectual property rights, or other relief that it deems reasonably necessary to defend or enforce its rights or these Terms of Service, in any court(s) of competent jurisdiction.
Donations: Any and all donations are irreversible. You are responsible for any tax implications.
Copyright Concerns: If you believe that any content or other information used by or accessible via this website infringes your copyright rights, you may request that we remove such information from this website. To do so, please submit a notice to us with the following details:
- Please identify the work that you believe has been infringed. Please describe the work, and provide a copy of the work or a website address at which we can review it. Please include page numbers or other appropriate references to help us to locate the work.
- Please identify the content or other information that you believe infringes your work. Please include a citation to our website page(s) to help us locate the information on our website.
- Please provide your name and contact information so that we may reach you to discuss your notice as appropriate.
- Include a statement that you have a good faith belief that the use of the information is not authorized by the copyright owner, its agent, or otherwise by law.
- Include a statement that the information that you have submitted is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on its behalf.
- A signature or the electronic equivalent from the copyright owner or its authorized representative.
- Submit this notice to MOTA FM via email to firstname.lastname@example.org
We welcome your comments and questions concerning this website, which you may submit to us via our “Contact Us” page. Even if we do not respond directly and personally to such submissions, we thank you in advance for them.
Last updated May 2019.