Terms of Service

These Terms of Service, provided by Motto BV ("Motto," "Company," "we," "us" or "our"), dictate your access and usage of the following:

• The Site: including mottostreaming.com, and any other website where these Terms are posted (collectively, the "Site").
• The Tools: encompassing various tools and documentation such as access tokens, software development kits ("SDKs"), and application programming interfaces ("APIs"), made available on the Site or otherwise by Motto (collectively, the "Tools").
• The Motto Video streaming service.
• Motto's data analytics and optimization service, along with associated data and recommendations transmitted through the use of the APIs (referred to as the "Analytics Data").
• Any other tool, website, dashboard, or service that provides or allows you to access any of the foregoing (collectively, the "Service").

We may periodically provide you with a more detailed description of the Service through published software libraries, APIs, and additional resources available on our Site.

1. GRANT OF LICENSE; COMPANY ACCOUNTS.Subject to your full compliance with these Terms, Company grants you a non-exclusive, revocable, nonsublicensable, nontransferable, limited license to access and use the Site, Tools, and Service. This includes integrating the APIs and portions of Tools into websites and applications that you operate. You may do so solely for your internal business purposes and in accordance with these Terms. Certain portions of the Tools or Service may be subject to an open-source copyright license agreement, and their use will also be governed by the open-source license terms provided. Without Company's prior written consent, you may not download, copy, install, or use the Tools or Service for any other purpose. No rights or licenses are granted except as expressly set forth in these Terms. The software contained in the Tools and Service is licensed to you, not sold.

You may only use the APIs for purposes, functions, or features described in the API documentation, support pages, and other pages on our Site (referred to as "Documentation"). We reserve the right to update the API and Documentation at our discretion, which may include adding or removing functionality.

Your Company account grants you access to the Service and functionality that we may establish and maintain from time to time, at our sole discretion. You must never use another user's account without permission. You are solely and fully responsible and liable to Company for the activity that occurs on your account. This includes the acts or omissions of each user on your account (such as your employees, contractors, and service providers) or any other person accessing or using the Service through or in connection with your account.

When creating your account, you must provide accurate and complete information, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

By providing Company your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

We may offer software for accessing the Service via a mobile device ("Mobile Software"). To use the Mobile Software, you must have a mobile device that is compatible with it. Company does not guarantee that the Mobile Software will be compatible with your device.

Company grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software solely to use the Service as provided herein. You may not: (i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party, or use it to provide time-sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, or features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that Company may issue upgraded versions of the Mobile Software from time to time and may automatically electronically upgrade the version of the Mobile Software on your device. You consent to such automatic upgrading and agree that the terms and conditions of these Terms will apply to all such upgrades.

Any third-party code incorporated in the Mobile Software is subject to the applicable open-source or third-party license EULA, if any, authorizing its use.

The license grant above does not constitute a sale of the Mobile Software or any copy thereof, and Company or its third-party partners or suppliers retain all rights, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. Company reserves all rights not expressly granted under these Terms.

If the Mobile Software is acquired on behalf of the United States Government, certain provisions apply. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and as provided in applicable regulations.

The Mobile Software originates in the United States and is subject to U.S. export laws and regulations. It may not be exported or re-exported to certain countries or entities prohibited from receiving exports from the United States. Additionally, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all U.S. and foreign laws related to the use of the Mobile Software and the Service.

This paragraph pertains to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You understand and agree that these Terms apply solely between you and Company, not Apple, and that Apple bears no responsibility for the iTunes-Sourced Software or its content. Your use of the iTunes-Sourced Software must adhere to the App Store Terms of Service. You acknowledge that Apple has no obligation to provide maintenance and support services for the iTunes-Sourced Software. If the iTunes-Sourced Software fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you. To the fullest extent permitted by law, Apple disclaims all other warranty obligations concerning the iTunes-Sourced Software, and any claims arising from warranty failures will be governed solely by these Terms and any law applicable to Company as the software provider.

You acknowledge that Apple is not liable for addressing any claims from you or any third party regarding the iTunes-Sourced Software or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) claims that the iTunes-Sourced Software fails to meet any applicable legal or regulatory requirements; and (iii) claims under consumer protection or similar legislation. All such claims are subject solely to these Terms and any law applicable to Company as the software provider.

In the event of any third-party claim that the iTunes-Sourced Software or your possession and use of it infringes on their intellectual property rights, Company—not Apple—is solely responsible for investigating, defending, settling, and discharging any such intellectual property infringement claim as required by these Terms.

You and Company acknowledge and agree that Apple, and its subsidiaries, are third-party beneficiaries of these Terms concerning your license of the iTunes-Sourced Software. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms regarding your license of the iTunes-Sourced Software against you as a third-party beneficiary.

2. PROPRIETARY RIGHTS.

As between Company and you, you (or your licensors) will retain ownership of the Analytics Data and any User Content you provide or upload on or through the Service. You grant Company an irrevocable, assignable, sublicensable, transferable, fully paid, royalty-free, and worldwide right and license to use the User Content and Analytics Data to provide the Service, improve Company's products and services, create aggregate reports and information, share data with third-party service providers or other users upon your request, and perform other actions authorized by you in connection with your use of the Service.

Company exclusively owns all rights, title, and interest in and to the Service, including all intellectual property rights embodied in the API, Tools, Site, Documentation, and Service. You agree to protect authentication keys for the APIs, not disclose them to third parties except your employees, use them only as necessary under these Terms, and promptly report any unauthorized access. Any comments or ideas submitted by you about the Service will be considered gratuitous and may be used by Company without any additional compensation or obligation. Company may provide certain logos or marks for your use, subject to written conditions provided by Company. You agree not to use any Marks or Company intellectual property without permission, and Company may use your trade name and logo for promotional purposes during the term of these Terms, provided that neither party will imply any untrue sponsorship, endorsement, or affiliation between them.

3. LICENSE AND USE RESTRICTIONS.

You agree not to engage in the following activities, and not to assist or enable others to:

• a) Identify or refer to Company, the Site, Tools, or Service in a manner implying an endorsement, relationship, or affiliation with or sponsorship between you or a third party and Company, other than your permitted use of the Service and Analytics Data under these Terms;
• b) Copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer, decode or decompile, modify, alter, scrape, or create derivative works of any part of the Site, Tools or Service;
• c) Use the Site, Tools or Service in a manner that impacts the stability of Company's servers, the operation or performance of the Services, or the behavior of other applications using the Service;
• d) Identify the Company or display any portion of the Site, Tools or Service on any site or service that disparages Company or its products or services, or infringes any Company intellectual property or other rights;
• e) Use the Site, Tools or Service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person;
• f) Use the Site, Tools or Service in a manner that could reasonably be interpreted to suggest that the use represents the views of Company;
• g) Use the Site, Tools or Service in competition with Company or for competitive analysis, to develop competing products or services, or otherwise to Company's detriment or commercial disadvantage;
• h) Use the Site, Tools or Service in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for prohibited activities;
• i) Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site or Service;
• j) Transmit viruses, worms, or other software agents through the Site or Service;
• k) Share passwords or authentication credentials for the Site or Service, impersonate another person, conduct fraud, or hide your identity;
• l) Bypass measures used to prevent or restrict access to the Site or Service, including features that prevent or restrict use or copying of any content.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Company Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.

4. TOOLS AND SERVICE CHANGES.

The Site, Tools, and Service are all subject to change from time to time, at Company's sole discretion, without prior notice to you. Company is not obligated to update, correct, maintain, or continue providing any aspect of the Site, Tools, or Service. You may be required to take action before you can use any updated or modified Service, such as activation through your Company account or acceptance of new or additional terms.

5. USER CONTENT.

You agree not to post, upload, transmit, or provide any User Content that:

• (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person;
• (ii) may create a risk of any other loss or damage to any person or property;
• (iii) may constitute or contribute to a crime or tort;
• (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
• (v) contains any information or content that is illegal or that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
• (vi) contains any information or content that you know is not correct and current.

You agree that any User Content that you post does not and will not infringe or violate third-party rights of any kind, including without limitation any privacy, patent, copyright, trademark, trade secret, or other third-party or intellectual property rights.

Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.

6. YOUR REPRESENTATIONS AND WARRANTIES.

• You represent and warrant that:
• you are at least eighteen years old, and you have the legal capacity to enter into contracts;
• your User Content and use of the Site, Tools, Analytics Data, and Service will comply with all applicable laws and regulations, including without limitation, the Video Privacy Protection Act (18 U.S.C. § 2710), the Children’s Online Privacy Protection Act (COPPA), the EU General Data Protection Regulation (GDPR) and other applicable privacy and data protection laws;
• you have all necessary rights, licenses, and consents to provide, receive, access, and/or use the User Content and Analytics Data and any other content you provide, receive, access, and/or use through or in connection with the Service;
• you will disclose your User Content and Analytics Data collection and use practices in a privacy policy that is accessible on any website and in any application, product or service that you use with the APIs to collect or receive User Content or Analytics Data;
• you will provide all required notices, and obtain all required consents, that relate to your use of the Tools and Service, and that allow Company to receive and use User Content and Analytics Data as permitted under these Terms, including from individuals: (i) who use websites, applications, or other products or services that you incorporate the APIs or portions of the Tools into; or (ii) that you receive User Content or Analytics Data from or that User Content or Analytics Data you receive or provide relates to;
• you have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;
• you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties, and you are responsible for clearing all rights and paying all licensing fees and other costs and expenses arising in connection with your User Content;
• your User Content and Company's use or distribution thereof as contemplated by these Terms and the Service will not violate any law or infringe or misappropriate any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
• Company may exercise the rights to your User Content and Analytics Data granted under these Terms without liability for payment of any third party fees, residuals, payments, or royalties; and
• to the best of your knowledge, your User Content and other information that you provide to us is truthful and accurate.

7. PAID SERVICES AND SUBSCRIPTIONS.

1. Subscription Plans. We may offer plans that you can sign up for that allow you to use certain aspects of the Service (a "Subscription Plan"). Subscription Plans may set allotments for the use of designated Service aspects. Use of Service aspects beyond a Subscription Plan's designated allotment may result in additional fees, as specified in the plan, such as for additional video views or additional volumes of video streamed.
2. Billing Policies. Subscription Plans may be offered for a fee or other charge for a set period of time of Service use (e.g., monthly, or annually) (a "Subscription Period"). If you elect to use a paid Subscription Plan, you agree to the pricing and payment terms at http://mottostreaming.com/pricing and herein as we may update them from time to time. Company may change Subscription Plans by offering new services for additional fees and charges, and adding or amending fees and charges for existing Subscription Plans/services, at any time in its sole discretion. Any change to a Subscription Plan's pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
3. Automatic Renewal. All Subscription Plans will automatically renew until canceled by you. If you do not want a Subscription Plan to renew, please cancel it at least three days before the end of the Subscription Period.
4. Data Retention. Company reserves the right to delete Analytics Data after the period applicable to the Subscription Plan you have chosen, so download or copy it before that time if you want to preserve a copy.
5. Refunds. If we terminate your Subscription Plan, we will grant you a prorated refund for the remaining unused portion of your Subscription Period. You are not entitled to a refund for any Subscription Plan that you cancel.
6. Payment Information; Taxes. All information that you provide in connection with a purchase, plan subscription, or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase, Subscription Plan, or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, including all transaction taxes, duties, and any foreign withholding taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions.

8. COMPANY'S DISCLAIMER OF WARRANTIES. THE SITE, TOOLS, ANALYTICS DATA AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, SERVICE PROVIDERS, AND AGENTS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE, TOOLS, ANALYTICS DATA AND SERVICE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT. FURTHER, COMPANY DISCLAIMS ANY WARRANTIES THAT YOUR USE OF THE SITE, TOOLS OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. LIABILITY LIMITATION. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, SERVICE PROVIDERS, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY: (a) DIRECT DAMAGES, (b) LOSS OF REVENUE, PROFITS, REPUTATION OR GOODWILL, (c) LOST OR CORRUPTED DATA OR ANALYTICS DATA, WEBSITE OR APPLICATION FAILURE, COMPUTER FAILURE OR MALFUNCTION, (d) INTERRUPTION OF BUSINESS, (e) UNAVAILABILITY OF THE SITE, TOOLS, OR SERVICE, (f) BREACH OF DATA, SYSTEM, OR SERVICE SECURITY, (g) BUGS, VIRUSES, TROJAN HORSES, OR OTHER SIMILAR ERRORS OR VULNERABILITIES THAT THE SITE, TOOLS OR SERVICE INCLUDES OR CAUSES, OR (f) OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN ANY CASE, TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THESE TERMS SHALL BE: THE REPLACEMENT OF THE SERVICE, OR REFUND OF AMOUNTS PAID BY YOU FOR THE TOOLS OR SERVICE, IN COMPANY'S SOLE DISCRETION. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND FOR ACTIONS OF COMPANY'S AFFILIATES, SERVICE PROVIDERS, OR AGENTS.

10. MONETARY LIABILITY CAP. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, TOOLS, ANALYTICS DATA, SERVICE, OR THESE TERMS, WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID TO COMPANY IN THE PRIOR THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING CAP APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. INDEMNITY. You agree that Company shall have no liability whatsoever for any use you make of the Site, Tools, User Content, Analytics Data, or Service. You shall indemnify, defend, and hold harmless Company and its officers, directors, employees, affiliates, service providers, and agents (collectively, "Company Indemnitees") from any and all claims, suits, actions, proceedings, damages, losses, liabilities, actions, judgments, settlements, fines, penalties, costs, and fees (including attorney fees) arising from or related to your (or any of your third-party service providers') access to or use of the Site, Tools, User Content, Analytics Data, and/or Service, including without limitation any actual or alleged: (i) breach of, or activities that would constitute a breach of, these Terms, including your representations and warranties; (ii) infringement, misappropriation, or violation of any copyright, patent, trademark, trade secret, or other intellectual property or other right by use of the Site, Tools, User Content, Analytics Data, and/or Service with any hardware, software, system, network, service, or other matter that is not provided by Company nor expressly authorized in these Terms; (iii) violation of applicable law; or (iv) gross negligence or willful misconduct.

12. TERM AND TERMINATION. These Terms shall continue until terminated as set forth in this Section. Either party may terminate these Terms by written notice at any time per the "Notices" Section in these Terms, for any reason, or for no reason; however, the Terms shall continue in effect for the duration of any Subscription Period. Any termination of these Terms shall also terminate the license granted hereunder. Upon termination of these Terms for any reason, and for termination by you to be effective: you shall destroy and remove from all websites, applications, computers, hard drives, networks, and other storage media all copies of the Tools and Service (other than the Analytics Data), you shall stop using all aspects of the Service, and you shall certify to Company that such actions have occurred. Company shall have the right to inspect and audit your websites, applications, and facilities to confirm the foregoing. Sections 2-3, 6-13, and 16-18 of these Terms shall survive termination.

13. CONFIDENTIALITY. "Confidential Information" shall mean the Tools, User Content, Analytics Data and Service and all other information disclosed to you that Company characterizes as confidential at the time of its disclosure, or that reasonably ought to be understood by you as confidential, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of these Terms, provided, however, that any source code you receive shall be held in confidence in perpetuity (except as expressly allowed by Company, such as to the extent needed to comply with an open source license). You will not disclose Confidential Information except to employees and agents who need to know it and have agreed in writing to keep it confidential; only those parties may use the Confidential Information, and only to exercise your rights and fulfill your obligations under these Terms, while using at least a reasonable degree of care to protect it; provided, however, that you shall not disclose, disseminate or otherwise publish or communicate any source code you receive to any person, firm, corporation or other third party without the prior written consent of Company. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Company in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms, and you will cooperate with Company in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Company prior to such disclosure to allow Company an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Company in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. You acknowledge that Company will be irreparably harmed if Confidential Information is distributed in breach of this Section, and that Company would not have an adequate remedy at law in the event of such an actual or threatened breach by you. Therefore, you agree that Company shall be entitled to seek injunctive relief against any actual or threatened breaches of this Section by you without the necessity of Company showing actual damages or showing that monetary damages would not afford an adequate remedy.

14. EXPORT CONTROLS. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By using the Tools or Service, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

15. CHANGES TO THESE TERMS. Company reserves the right to modify or revise these Terms at any time, and in connection with doing so, will update the ‘last modified' date at the top of this page. You should visit the Site periodically to review these Terms and check for updates. If we make any material changes to these Terms, we will use reasonable efforts to notify you of such changes. Your continued use of the Tools or Service after the effective date of any such changes will constitute your acceptance of and agreement to such changes. If YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THESE TERMS BY IMMEDIATELY CEASING USE OF THE SITE, TOOLS AND SERVICE.

16. NOTICES. Notices to Company should be sent to Motto BV. Pulawska 12/3, 02-566, Warsaw, Poland. Notices to you may be provided using any contact information you provide to us, including any e-mail address or mailing address.

17. DMCA NOTICE. Since we respect artist and content owner rights, it is Company's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn:
DMCA Notice
Motto BV.

Address:
Motto BV.
Pulawska 12/3
02-566, Warsaw, Poland

Email: [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. PRIVACY; SECURITY. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

To the extent that we process any Customer Personal Data and (i) the Customer Personal Data relates to individuals located in the EEA; or (ii) you are established in the EEA, you agree that we do so as a data processor only and the parties agree to comply with the provisions of the Data Processing Addendum. For the purposes of these Terms "Customer Personal Data" is defined in the Data Processing Addendum.

19. THIRD-PARTY SERVICES. The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

20. CLASS ACTION WAIVER. With regards to all individuals and entities, irrespective of whether they have utilized the Service for personal, commercial, or other purposes, all claims must be pursued in the parties' individual capacity and not as part of any class action, collective action, private attorney general action, or other representative proceeding. This waiver extends to class arbitration, and unless mutually agreed otherwise, the arbitrator may not consolidate claims from multiple individuals. By agreeing to these Terms, you and Company are each forfeiting the right to a trial by jury or to participate in any form of class action, collective action, private attorney general action, or other representative proceeding.

21. MISCELLANEOUS.These Terms constitute the entire agreement between you and Company pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the remainder of these Terms shall remain enforceable. In these Terms, "including" means "including without limitation" (and similar terms will be construed without limitation) and headings are for convenience only and will not affect interpretation. The failure of Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches. These Terms are personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without Company's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Company expressly reserves the right to assign these Terms and to delegate any of its obligations hereunder.