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Terms of Service

Effective July 4, 2008



General
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Moment of Thanks is an national initiative providing an online service, available at www.MomentOfThanks.com ("MOT," "we", "our", "us" or "Website") that offers Users (as such term is defined herein) the opportunity to say "thank you" to the men and women of the armed forces and encourages people throughout the country - and even around the world - to take the time to express their heartfelt wishes to the hard-working, patriotic, dedicated citizens who put their lives on the line for us. Led by SheZoom, Inc., along with the Federal Law Enforcement Foundation and a growing list of partners, MOT invites people to create, post and share content that conveys messages and greetings to our troops. The services, features, Content (as such term is defined herein), information and applications made available by MOT on or in connection with the Website shall collectively be referred to as the "MOT Services."

These terms and conditions ("Terms of Service") set forth the legally binding terms for your use of the Website and the MOT Services. By using the Website and the MOT Services, you agree to be bound by these Terms of Service, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with MOT). The term "User" or "you" refers to a Visitor or a Member. You are only authorized to use the MOT Services (regardless of whether your access or use is intended) if you agree to abide by these Terms of Service and all applicable laws, rules and regulations. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the MOT Services immediately. If you wish to become a Member, upload or post content, communicate with other Members and make use of the MOT Services, you must read these Terms of Service and indicate your acceptance during the registration process.

Please choose carefully the information that you post on MOT and provide to other Users. Your MOT profile and any postings on MOT may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their profiles or postings) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MOT assumes no responsibility or liability for this material. If you become aware of misuse of the MOT Services by any person, please contact MOT at TOS@momentofthanks.com or click on the "Flag As Inappropriate" link next to MOT's embeddable media player and/or viewer (the "Embeddable Player") on any page on the Website that contains the Embeddable Player.

Terms of Service

Your Acceptance

By using and/or visiting this Website, you signify your agreement to (i) these Terms of Service, and (ii) Moment of Thanks' Privacy Policy, found at www.momentofthanks.com/privacypolicy and incorporated herein by reference. If you do not agree to any of the terms contained herein or in Moment of Thanks' Privacy Policy, then please do not use the Website or any MOT Services.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version which will always be posted at www.momentofthanks.com/terms. MOT may, in its sole discretion, modify or revise these Terms of Service and any other policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

The Website
These Terms of Service apply to all Users of the Website, including Users who are also contributors of content (whether video, textual, photographic or otherwise), User Submissions, information, and other materials or services on the Website. The Website includes all aspects of MOT Services, including but not limited to, MOT channels and the Embeddable Player.

The Website may contain links to third party websites that are not owned or controlled by MOT. MOT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, including privacy and data gathering practices. In addition, MOT will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve and release MOT from any and all liability arising out of or in connection with your use or access to any third party website.

Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. Upon leaving the Website, these Terms of Service shall no longer govern.

MOT Accounts
In order to access some of the features of the Website, you will have to create a MOT account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MOT immediately of any breach of security or unauthorized use of your account.

Although MOT will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MOT or others due to such unauthorized use.

General Terms

Eligibility
Membership on the Website is void where prohibited. This Website is intended solely for Users who are thirteen (13) years of age or older. Any registration by, use of or access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Website or the MOT Services, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

Term
This Agreement shall remain in full force and effect while you use the MOT Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the "My Account" page. MOT may terminate your membership at any time, without warning. Even after your membership is terminated, these Terms of Service will remain in effect.

Fees
You acknowledge that MOT reserves the right to charge for the MOT Services and to change its fees from time to time in its discretion. If MOT terminates your membership because you have breached these Terms of Service, you shall not be entitled to a refund of any unused portion of any membership or subscription fees.

Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify MOT immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Members
The MOT Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MOT. Illegal and/or unauthorized use of the MOT Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MOT Services.

General Use of the Website -- Permissions and Restrictions
MOT hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  • You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (as such term is defined below), without MOT's prior written authorization.
  • You agree not to alter or modify any part of the Website or any of its related technologies, including, but not limited to, MOT's Embeddable Player.
  • You agree not to access User Submissions or Content through any technology or means other than the video playback and photo viewing pages of the Website itself, the Embeddable Player, or other explicitly authorized means that MOT may designate.
  • You agree not to use the Website or the MOT Services, including, without limitation, the Embeddable Player, for any commercial use, without the prior written authorization of MOT. Prohibited commercial uses include any of the following actions taken without MOT's express approval:
    sale of access to the Website, the MOT Services or any related services (such as the Embeddable Player) on another website;
  • use of the Website, the MOT Services or any related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or Content; or
  • and any use of the Website, the MOT Services or any related services (such as the Embeddable Player) that MOT finds, in its sole discretion, to use MOT's resources or User Submissions with the effect of competing with or displacing the market for MOT, the Content, or User Submissions.

Prohibited commercial uses DO NOT include:

  • uploading an original video or photo to MOT, or maintaining an original channel on MOT, to promote your business or artistic enterprise;
  • using the Embeddable Player to show MOT videos or other content on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with MOT or the MOT Services;
  • any use that MOT expressly authorizes in writing.

The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Website or MOT Services. MOT reserves the right to investigate and take appropriate legal action against anyone who, in MOT's sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and/or the MOT Services and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of MOT:

  • is patently offensive and promotes racism, bigotry, misogyny , hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • provides any telephone numbers, street addresses, last names, URLs or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's or entity's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photo of another person that you have posted without that person's consent;
  • uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the MOT Services. MOT reserves the right to investigate and take appropriate legal action against anyone who, in MOT's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any User to buy or sell any products or services through the Website or the MOT Services. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Website or the MOT Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MOT reserves the right to restrict the number of emails or private messages sent within the MOT Services which a Member may send to other Members in any 24-hour period to a number which MOT deems appropriate in its sole discretion. If you breach these Terms of Service and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MOT Services, you acknowledge that you will have caused substantial harm to MOT but that the amount of such harm would be extremely difficult to ascertain;
  • covering or obscuring the banner advertisements on your personal profile page, or any MOT page via HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Website, the MOT Services or the networks or services connected to the MOT Services;
  • attempting to impersonate another member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from the Website or the MOT Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website or MOT Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
  • using the Website or the MOT Services in a manner inconsistent with any and all applicable laws and regulations.

If you use the Embeddable Player on your website, you must include a prominent link back to the Website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MOT servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MOT grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MOT reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, private messaging) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions.

You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

MOT reserves the right to discontinue any aspect of the Website or the MOT Services at any time.

Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content (as such term is defined herein) on the Website.

The content on the Website, except all User Submissions (as such term is defined herein), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Content") are owned by or licensed to MOT, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MOT reserves all rights not expressly granted in and to the Website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the MOT Services, provided by you to MOT are non-confidential and shall become the sole property of MOT. MOT shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You may access User Submissions solely:

  • for your information and personal use;
  • as intended through the normal functionality of the Website or the MOT Services; and
  • for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the MOT 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. Accessing User Videos (as such term is defined herein) for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "AS IS."

User Comments (as such term is defined herein) are made available to you for your information and personal use solely as intended through the normal functionality of the Website and the MOT Service. User Comments are made available "AS IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website, the MOT Service or otherwise as prohibited under these Terms of Service.

You may access the Content, User Submissions and other content on the Website and in connection with the MOT Services only as permitted under these Terms of Service. MOT reserves all rights not expressly granted in and to the Website, the Content and the MOT Services.

Except as expressly permitted herein, you agree to not engage in the use, copying, or distribution of any of the Content or User Submissions.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website, the MOT Services or features that prevent or restrict use or copying of any content, including, without limitation, the Content or User Submissions, or enforce limitations on use of the Website, the MOT Services, the Content or any other content contained therein.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that MOT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MOT with respect thereto, and agree to indemnify and hold MOT, its owners/operators, officers, agents, directors, employees, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website or the MOT Services.

User Submissions; Rights Granted and Conduct
As a Member, you may submit video content ("User Videos"), photographic content ("User Photos"), textual content ("User Comments") and any other forms of user-generated content ("Other Content"). User Videos, User Photos, User Comments and Other Content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, MOT does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MOT to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website, the MOT Services and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions.

In connection with each and every User Submission you submit to or through the Website or the MOT Services, you grant to MOT (and its successors and affiliates) the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Submission in connection with the Website, the MOT Services, Moment of Thanks' (and its successors' and affiliates') business and any websites, channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of Moment of Thanks (and its successors and affiliates), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others, including, without limitation, Users, to exercise any of the rights granted hereunder to MOT (and its succesors and affiliates), in our sole discretion. Any derivative works created using any User Submissions shall become the sole property of MOT, to be used as MOT sees fit and, in the event the User removes the original User Submission from the Website, MOT shall be free to continue using the derivative work in any manner it sees fit, in its sole and absolute discretion. Further, by submitting a User Submission, in addition to the rights, licenses and privileges referred to above, you are also granting MOT (and its successor and affiliates) the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Website, the MOT Services, and any products, goods, features, functions, capabilities and/or services associated with MOT and/or its successors and affiliates and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Submission, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by MOT and/or its successors and affiliates, without limitation or restriction whatsoever.

In connection with User Submissions, you may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights and have permission to grant MOT all of the license rights granted herein. It is the policy of MOT to terminate membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MOT by the copyright owner or the copyright owner's legal agent.
MOT does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MOT expressly disclaims any and all liability in connection with User Submissions. MOT does not permit copyright infringing activities and infringement of intellectual property rights on its Website or in connection with the MOT Services, and MOT will remove User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. MOT may delete any User Submission that in the sole judgment of MOT violates these Terms of Service or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MOT assumes no responsibility for monitoring the Website or the MOT Services for inappropriate content or conduct. If at any time MOT chooses, in its sole discretion, to monitor the Website and/or the MOT Services, MOT nonetheless assumes (i) no responsibility for any content on or made available in connection the Website or the MOT Services, including, without limitation, User Submissions, (ii) no obligation to modify or remove any inappropriate content on or made available in connection the Website or the MOT Services, including, without limitation, User Submissions, , and (iii) no responsibility for the conduct of the User submitting any content on or made available in connection the Website or the MOT Services, including, without limitation, User Submissions. MOT reserves the right to remove any content on or made available in connection the Website or the MOT Services, including, without limitation, User Submissions at any time and for any reasons, without prior notice.

You are solely responsible for your interactions with other Members. MOT reserves the right, but has no obligation, to monitor disputes between you and other Members.

Trademarks
"Moment of Thanks", "MOT" and other graphics, logos, designs, page headers, button icons, scripts and service names are trademarks, trade names or trade dress of MOT in the U.S. and/or other countries for which applications are pending. MOT's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MOT.

Mobile Services
The MOT Services may include certain services that may be available via your mobile phone, including (i) the ability to upload content to MOT via your mobile phone ("Mobile Uploads"), (ii) the ability to receive and reply to MOT messages, (iii) the ability to browse MOT from your mobile phone ("Mobile Web"), and (iv) the ability to access certain MOT features through a mobile application you have downloaded and installed on your mobile phone ("Mobile Client") (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding MOT and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Account Termination Policy
MOT will terminate a User's access to its Website or the MOT Services if, under appropriate circumstances, they are determined to be a repeat infringer of these Terms of Service, the Privacy Policy or any other policy of MOT.

MOT reserves the right to decide whether any content, including, without limitation, User Submissions, is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MOT may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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 the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MOT's designated Copyright Agent to receive notifications of claimed infringement is: Stacey Artandi, 335 Madison Avenue, 15th Floor, New York, NY 10017, email: copyright@momentofthanks.com, fax: (212) 350-2392. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MOT customer service through support@momentofthanks.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Counter-Notice
If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, MOT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, Member or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MOT's sole discretion.

Warranty Disclaimer
MOT is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the MOT Services, whether caused by Users of the MOT Services or by any of the equipment or programming associated with or utilized in connection with the MOT Services. Profiles created and posted by Members on the Website may contain links to other websites. MOT is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MOT. Inclusion of any linked website on the MOT Services does not imply approval or endorsement of the linked website by MOT. When you access these third party sites, you do so at your own risk. MOT takes no responsibility for third party advertisements which are posted on the Website or through the MOT Services, nor does it take any responsibility for the goods or services provided by its advertisers. MOT is not responsible for the conduct, whether online or offline, of any User of the MOT Services or the Website. MOT assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or member communication.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE MOT SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE MOT SERVICES AND YOUR USE THEREOF. MOT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE MOT SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR THE MOT SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE'S CONTENT OR THE MOT SERVICES, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE MOT SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR THE MOT SERVICES, WHETHER ONLINE OR OFFLINE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE MOT SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE MOT SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE MOT SERVICES. MOT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR IN CONNECTION WITH THE MOT SERVICES, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MOT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE MOT SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE AND MOT EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MOT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE MOT SERVICES.

Limitation of Liability
IN NO EVENT SHALL MOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE'S CONTENT OR THE MOT SERVICES, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE MOT SERVICES , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE MOT SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE MOT SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE MOT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT MOT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by MOT from its facilities in the United States of America. MOT makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity
You agree to defend, indemnify and hold MOT, any of its affiliates, or any of their successors and assigns and any of their respective officers, directors, employees, licensors, advertisers, suppliers, operational service providers and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, actions, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website or the MOT Services; (ii) your violation of any terms or conditions of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused any damage of any kind to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website and the MOT Services.

Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website and the MOT Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Website or the MOT Services.

Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MOT without restriction.

U.S. Export Controls
Any software available in connection with the MOT Services (the "Software") is further subject to United States export controls. No software may be downloaded from the MOT Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.

Governing Law; Venue and Jurisdiction
You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over MOT, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and MOT that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

These Terms of Service, together with the Privacy Policy at www.momentofthanks.com/privacypolicy and any other legal notices published by MOT on the Website or in connection with the MOT Services, shall constitute the entire agreement between you and MOT concerning the Website and the MOT Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MOT's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. MOT reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website and the MOT Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MOT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THE MOT SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the MOT Services, provided by you to MOT are non-confidential and shall become the sole property of MOT. MOT shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Questions
Please contact us at: TOS@momentofthanks.com with any questions regarding these Terms of Service.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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