- “Account” means an account created upon the Registration.
- “Agreement” means an agreement created upon the Registration in order to enable a Registered user to access, in full scope, Services as these are described in these ToU.
- “Provider” means the company INTERNET ADVERTISING LIMITED, with its registered seat at Room 2303, New Tech Plaza, 34 tai Yau Street, San Po Kong, Kowloon, Hong Kong, which provides the Services available on the Site.
- “Registration” means the process of registration of a User via the Site in order to create an Account.
- “Registered User” means a User who successfully completed Registration.
- “Services” means services related particularly to the uploading and storing of User content on the Site in the scope and under the conditions set out in these ToU.
- “Site” means the website https://motodataproject.com operated by the Provider.
- “Site content” means all content of the Site including the User content.
- “Unregistered User” means a User who did not successfully complete Registration.
- “User” means a natural person or a legal entity that uses the Services. The Registered and Unregistered user are mutually determined as the User in these ToU.
- “User content” means any content and materials that Users upload, publish, submit and/or transmit to or through the Site.
- The Services comprise the provision of space for uploading, storing and downloading User content, managing it, re-downloading and sharing it through the Site.
- The Services are provided free of charge and solely for non-commercial purposes.
- The Provider is entitled to reserve the provision of a certain type of Services to Registered Users only.
- The User acknowledges and agrees that Services may be provided through/by third parties or in cooperation with third parties.
- The Registered User is entitled to use the Services without further restrictions within the range of Services provided.
- The Unregistered User may use the Services to a limited extent; particularly the Unregistered User may download the User content only.
Registration and account
- In the event that the User wants to gain authorization to use the Services in full scope as it is described above in these ToU, the User shall register for the Account through a registration form available online at the Site. The Account enables the Registered User to upload, publish, submit and/or transmit the User content to or through the Site, i.e., to use the Services as described in these ToU. In case the User is a legal entity, the Registration shall be done by an authorized representative of the User that has the authority and permission to create the Account and conclude the Agreement on behalf of the User.
- The Account is activated by successful completion of the Registration process.
- Access to each Account is secured with an email address and password. The User is solely responsible for keeping his/her email address and password confidential and secure – Provider is in no way responsible for the misuse of or unauthorized disclosure of the Account email address and/or password. The User undertakes to immediately notify the Provider of any unauthorized use of his/her Account or any other known or suspected breach of security. In such case, the Provider shall be entitled to block the Account known and/or accessible or believed to be accessible to the third parties and enable the User to create a new Account. The User acknowledges that the Provider shall not be responsible for any misuse of the Account, or for any damages, harm or claims of third parties arising from the User`s failure to comply with the principles of safety or from any unauthorized access to the Account. The User will be responsible for any misuse of the Account, or for any damages, harm or claims of third parties arising from the User`s failure to comply with the principles of safety or from any unauthorized access to the Account.
- The User may use his/her Account and the Services only for his/her own non-commercial needs and/or use. The User is not entitled to use his/her Account and/or the provided Services including the User content for commercial purpose – this is strictly prohibited. Furthermore, the User is not entitled to provide his Account or the Services to third parties regardless of whether such a provision will occur free of charge or for a charged provision.
Rights and obligations of the user
- The Registered User is obliged to provide true, up-to-date, and complete information when completing the Registration, identifying him/her as a Registered User.
- The Registered User is responsible for the User content uploaded, published, submitted and/or transmitted to or through the Site. By uploading, publishing, submitting and/or transmitting of the User content on the Site the Registered User does not waive any rights in connection with the User content unless otherwise stated in these ToU.
- By uploading the User content on the Site the Registered User authorizes the Provider to automatically process and store the User content and its copies on the Site.
- By uploading, publishing, submitting and/or transmitting the User content on the Site, the Registered User authorizes the Provider to automatically process the User content allowing the Provider to display any available file metadata (especially, file name, file type, its size, number of pages, format/codec, resolution and bit rate), including creating a reduced preview of the User content in the form of a “thumbnail” that will represent the contents of the User content on the Site.
- By uploading the User content on the Site the Registered User authorizes the Provider to automatically process a file name and include the file name in the database in order to enable search in the user content to other Users and the general public.
- The User assigns all of the rights specified in these ToU to the Provider free of any charge. By uploading, publishing, submitting and/or transmitting User content, you hereby grant to Provider a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology now known or hereafter developed throughout the world, for any purpose whatsoever including, without limitation, advertising, promotion, or commercial purposes, without compensation to or further authorization by User. Under the license granted herein, Provider shall be free to use any ideas or concepts contained in the User content without further attribution, compensation or notice to User. Provider does not endorse any User content or any opinion, recommendation, or advice expressed therein. Provider reserves the right to remove or to refuse to post any User content for any reason.
- The Registered User is obliged to ensure the User content complies with these ToU.
- The User acknowledges that due to the technical process of upload, the uploaded file may not be displayed on the Site immediately. The upload process before the file is displayed on the Site may take up to 4 weeks or more.
- The Provider does not control or monitor whether the Registered User is authorized to upload, publish, submit and/or transmit the User content on the Site. The User is solely responsible for the User content uploaded, published, submitted and/or transmitted to the Site.
- The User is not authorized to modify, alter or in any possible manner interfere with the content of the Site or to obtain personal information about other Users. User agrees that he/she will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an Account that User is not authorized to access; (ii) attempting to interfere with Service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device. User will also not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to User‘s use of this Site.
- The User has the right to request removal/deletion of a file, which he/she has uploaded on the Site, without giving any reason. The request for deletion must be submitted to the Provider via the email used for the Registration and addressed to the email at https://motodataproject.com/contact_us/ or via the contact form available at https://motodataproject.com/dmca_information, in such a case please insert the email used for the Registration in the appropriate field “Your email”. The Registered User is obliged to provide sufficient specification of the file, he/she wishes to be removed from the Site (e.g., via form of hyperlink). The Provider will attempt to remove such a file within 2 weeks after receiving the request provided in accordance with this section.
- The User acknowledges and agrees that the provided Services are not a permanent backup of information and/or data service. The User is responsible for their own backup of User content at their own expenses. The Provider does not guarantee that User content will not be corrupted, altered or deleted. The Provider is not responsible for any damage caused by the loss of User content.
- The User is entitled to download the Uploaded content only for personal non-commercial use. The commercial use of any User content is strictly prohibited.
- In connection with User content, the User represents, and warrants to the Provider that: (i) the User has the right to upload, publish, submit and/or transmit the User content and that User posting of the User content will not infringe upon the intellectual property rights of any third party; (ii) use of User content on this Site, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (iv) the User has obtained written permission from any other person named, photographed or otherwise depicted in User content which will allow the Provider to utilize User content without compensation or objection; (v) all “moral rights” that the User may have in such User content have been voluntarily waived by the User (vii) the use of User content will not cause injury to any person or entity; (viii) User content is not or may not reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and (ix) User content does not contain any computer viruses, worms or other potentially damaging computer programs or files.
- The User acknowledges and agrees that User content may be accessed, viewed and downloaded by others, including the general public, free of charge and, whether or not such User content is published, the Provider does not guarantee any confidentiality with respect to any User content. The Provider is not responsible for keeping any User content confidential. The User is solely responsible for his own User content and the consequences of publishing, uploading, distributing or displaying them on the Site.
Rights and obligations of the provider
- The Provider does not monitor, modify or analyze User content. This provision does not limit the right of the Provider to restrict access to or delete User content under these ToU.
- The Provider reserves the right to transfer User content between different parts of the Site. The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Provider or are the property of their respective owners.
- The User acknowledges and agrees that the Provider is authorized at any time and in any manner to modify the Site as well as the provided Services, their scope and conditions, without any prior notice to the User. The User further acknowledges and agrees that such modifications may affect the functionality of the provided Services, or may even exclude particular functionality. The User is not entitled to compensation for any damage resulting from such a restriction of the functionality of the provided Services caused by modifications of the Site or Services.
- The Provider is authorized to remove or disable User content due to the fact that User content violates these ToU, legal regulations or third party rights or if the Provider has a reasonable suspicion that these ToU, legal regulations or third party rights are violated. Exercising this right of the Provider is at the Provider`s sole discretion and is not subject to any justification or prior notice to the User. Provider disclaims all liability for and User waives any rights related to removal or disabling of any User content regardless of whether or not the User content violated these ToU, any regulations or third party rights.
- The Provider is authorized to block the Registered User`s option to upload files on the Site without any prior notice in case of violation of these ToU by the Registered User or if the Provider has a reasonable suspicion that these ToU, legal regulations or third party rights are violated. Exercising this right of the Provider is at the Provider`s sole discretion and is not subject to any justification or prior notice to the Registered User.
- The Provider is entitled to terminate the Services at any time at its sole discretion, without any prior notice to the User.
- Modification of the materials or use of the materials for any other purpose is a violation of Provider`s or the applicable third party`s copyright and other proprietary rights. User may download the User content, provided User keeps intact all copyright and other proprietary notices. Please note that the permission granted herein terminates automatically if User breaches these ToU. Any other use of the User content on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Provider, is strictly prohibited.
Warranty disclaimer and limitation of liability
- The Provider makes no representations or warranties of any kind, either express or implied, regarding the Site or the content of the Site including the provided Services. The Services and the content of the Site are provided on an “AS IS” basis. The Provider expressly disclaims any and all warranties, especially (i) all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any and all warranties arising from the course of dealing and usage of the Services and the Site; (ii) that the Site and Site content including the Services will meet the User`s requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, (iii) as to the results that may be obtained from the operation, use or other exploitation of the Site or Site content, (iv) as to the accuracy or reliability of any information obtained from the Site or Site content and (v) as to any partner Site or its contents or any other non-Provider site.
- The User accesses and uses the Site and Site content at the User`s own risk and the Provider will not be liable for any damage of any kind arising from or relating to the User`s operation, use or other exploitation of the Site and Site content.
- The Provider does not in any manner represent or warrant that the information accessible on the Site is accurate, complete or current.
- The User agrees to defend, indemnify and hold the Provider (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from any and all claims, demands, investigations, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable legal and other professional fees, costs, expenses or damage relating to defending such claims, arising out of or related to a breach of the User`s representations and warranties set forth in section 3.12 of these ToU, breach of the ToU, or the User`s violation of any law or the rights of a third party.
- IN NO EVENT SHALL PROVIDER BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THE SITE. THE FOREGOING PARAGRAPH OR ANY OTHER SIMILAR PROVISION IN THESE ToU SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF PROVIDER‘S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
- Particular jurisdictions do not allow limitations on implied warranties or exclusion of liability for certain types of damage, therefore the above limitations and exclusions may not apply to a particular User in whole or in part.
Take down procedure
- Notwithstanding anything to the contrary herein, no copyright is claimed by the Provider in respect of User content posted. To the extent that any of the User content appears to infringe upon a copyright, the Provider asserts that such use is permissible under fair use principles under U.S. Copyright law. If, however, anyone believes any User content on the Site infringes upon his/her copyright or trademark rights, he/she may request such User content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Provider on the address below and provide the following information:
- A clear statement identifying the User content believed to be infringed.
- A statement from the intellectual property owner (“Owner”) or authorized representative that the User content is believed to be infringing and not authorized by the owner.
- Sufficient information about the location of the allegedly infringing User content so that the Provider can find and verify its existence (for example provide the URL of the User content).
- His/her name, telephone number and e-mail address.
- A statement from him/her under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the owner’s behalf.
- A signature or the electronic equivalent from the owner or authorized representative.
- No material from Provider may be copied, reproduced, downloaded, displayed, performed, modified, republished, uploaded, transmitted, mirrored in any manner, or distributed except as explicitly stated herein.
Digital millenium copyright act compliance
- The Provider complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). Questions regarding these terms and conditions, or regarding any other aspects of our Site, should be sent via the determined form available at: https://motodataproject.com/dmca_information, questions submitted via any other communication means may not be answered by the Provider. DMCA Notice Form: https://motodataproject.com/dmca_information.
- To contact the Provider, please use the contact form available at: https://motodataproject.com/dmca_information.
- In the event that one or more provisions of these ToU shall, or shall be deemed to, be invalid or unenforceable, the validity and enforceability of the other provisions of these ToU shall not be affected thereby, provided that the invalid provision is not essential and crucial.
- The ToU can be changed by the Provider at any time without any prior notice by Provider posting the revised version to the Site.
- Claims relating to, including the use of, this Site and the materials contained herein, including, without limitation, the User content are governed by the laws of the United States and the state of Illinois, without regard for its conflicts of law provisions
- Provider and User agree irrevocably submit that the state or federal courts located in Chicago, Illinois, as applicable, will have exclusive jurisdiction to hear and determine any claims or disputes arising out of or related to these ToU that are not subject to binding arbitration as set forth herein. User expressly and irrevocably submits and consents in advance to such jurisdiction in any action or suit commenced in such court, and User hereby waives any objection that he/she may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If User does not agree, please do not use this Site. If User chooses to access this Site from another location, User does so on his/her own initiative and is responsible for compliance with all applicable local laws.
- The User has been acquainted with these ToU, he/she accepts them explicitly and confirms that the ToU do not include any provisions that the User could not reasonably expect.
- The ToU is effective until terminated by either party. You may terminate the ToU at any time by destroying all materials obtained from the Site and all related documentation thereof, whether made under the ToU or otherwise. The ToU will terminate immediately without notice from Provider if in Provider‘s sole discretion User fails to comply with any provision of the ToU. Upon termination, User must destroy all materials obtained from the Site, whether made under the provisions of the ToU or otherwise.
- NOTICE FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email at page https://motodataproject.com/contact_us/.
These Terms and Conditions are effective as of 13 June 2018.