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GENERAL TERMS OF SERVICE FOR THE MOTIGO PLATFORM

Motigo is an online-platform providing certain services for webmasters, owned and produced by Web Measurement Services B.V. and its affiliate corporations (collectively referred to as " WMS"). By registering into the Motigo Platform and to use the Products and Services (as defined below), you are agreeing to the following Terms of Service. These Terms of Service may be amended or supplemented from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting the Terms and Condition page on www.motigo.com. WMS may also offer other services from time to time that may be governed by the terms of service of the respective service partners.
Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in account termination and may cause further legal liability on your side.

  1. Products and Services
    WMS entitles webmasters to access for free to a variety of on-line and interactive on-line services (the "Products and Services") on the websites they manage (the "Websites”). Some of the Products and Services are supported by advertising, enabling WMS to recover its costs from the advertisers. When you use these free services, you agree to allow WMS to display advertising, including third party advertising, on the Websites. WMS reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services or to change the nature, style, or form of advertisements displayed on the Websites. Unless explicitly stated otherwise, any new Products and Services, including changes, updates and new versions of the Products and Services, shall be subject to the Terms of Service.
    With the use of Motigo Products and Services you accept that WMS has the right to place advertisements on the Websites in any format or through any channel, including but not limited to e-mail, layer ads, pops, banners and other usual formats without any forewarning and it is furthermore accepted that WMS takes no responsibility for the advertising content and that WMS shall not be liable for any losses incurred regarding this advertising.
    With the use of Motigo products and services you accept that WMS has the right to display Advertising campaigns on the Websites and to use for its commercial purposes all the data collected through such campaigns.


  2. Acceptance
    By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.


  3. Registration Obligations
    Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, the user agrees to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WMS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WMS has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services (or any portion thereof).


  4. Responsibility for Password and Username
    Upon registering, you will receive a password and username. You are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify WMS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WMS cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.


  5. Responsibility for Content
    You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted on the Website or on the advertisings, are the sole responsibility of the person from which such Content originated. This means that you, and not WMS, are entirely responsible for all Content that you upload, post, email or otherwise transmit on the Website. Furthermore, WMS does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will WMS be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. WMS does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although WMS reserves the right to do so.


  6. Disclaimer of Warranty
    THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS": WMS disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. WMS does not warrant that its services are error-free or that they will operate without interruption nor does WMS make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). WMS makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.


  7. Limitations
    The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services or the Websites to:
    1. Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;
    3. Harm minors in any way;
    4. Associate WMS and any Products and Services with any illegal material of any sort. This includes any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain unethical material, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity
    5. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
    6. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;
    7. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services;
    8. Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
    9. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy: i. Making available copyrighted software or other Content that has had the copyright protection removed. ii. Making available serial numbers for software that can be used to illegally validate or register software. iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content. iv. Making available any software files for which the user does not own the copyright or have the legal right to make available;
    10. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
    11. Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    12. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
    13. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law.
    14. "Stalk" or otherwise harass another;
    15. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
    16. Use or deploy any means in order to manipulate, inflate, or falsify the counters of WMS or the advertisings served on the Website by WMS.


  8. WMS Products and Services Usage Limitations
    The Products and Services are provided only for use by Members. They are, and remain, copyrighted material/property of WMS and you shall abide with the following rules/principles:
    • The Products and Services and the related counters are allowed to be used only on web pages (for example not in e-mails);
    • The counters provided by the Products and Services must be visible (at least 18×18 pixels) and clickable on the Website(s);
    • A counter may only appear on one Website (this includes forums, weblogs, dynamic sites, etc), but separate counters can be placed on different Websites. On a web page, only one counter may be placed. It is not permitted to place the counter in an I-frame or in a page that refreshes automatically;
    • The counter code may not be adjusted in any way unless expressly indicated by WMS. It is also not allowed to change or manipulate the code that calls on the Javascript.


  9. Account Termination
    Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that WMS may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, anytime, especially should you fail to comply with the Terms of Service or any other guidelines and rules published by WMS. Any such termination shall be in WMS's sole discretion and may occur without any notice. WMS further reserves the right to terminate any user's account or access to the Products and Services for convenience or for any conduct that WMS, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to WMS or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. WMS further reserves the right to terminate any user's account if there is no evident activity. WMS further reserves the right to terminate any user's account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in WMS's sole discretion, without prior notice, or any notice.


  10. Member Email lists
    By registering a WMS account, you agree to subscribe to our Members Update list for communication about important account information and product updates. Maintaining a working subscription to our Members Update Newsletter, by keeping a functional email address in your account details, is Mandatory for all WMS Members. If you wish to no longer receive the Members Update Newsletter, delete your Member account and services.


  11. Cookies
    Use of the Products and Services requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance Web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing WMS cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the Products and Services, you authorize WMS's use of cookies.


  12. Limitation of Liability
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WMS OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF WMS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.


  13. Governing Law
    This agreement shall be governed by and in accordance with THE LAWS OF THE UNITED KINGDOM and that disputes arising in connection with WMS shall be resolved exclusively by the competent courts in LONDON, UNITED KINGDOM.