Terms And Conditions

1. Registration

In order to create a MustMotivate account, you are required to provide the following information: your name, your location, your date of birth, your identified gender, and your e-mail address. This information will serve as the basis for your online account and will be used to create and maintain your unique system identifiers. You must be at least 13 years old in order to use MustMotivate.

In addition to the required information, MustMotivate will collect other information about you on an opt-in basis. This information will allow us to deliver content and services we believe are relevant to you, based on the information you choose to provide to us. To learn more about this information and how we store and handle it, see our Privacy Policy.

If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

2. Communications

For contractual purposes, you (a) consent to receive communications from MustMotivate in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that MustMotivate provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights

3. Security

MustMotivate requires users to provide their real names and actual, real-world information. This allows our community to represent real people. MustMotivate and our users have a mutual responsibility to help maintain the security of our user accounts. MustMotivate does our part by maintaining top-level security practices and closely guarding your login credentials and personal information. In order to do your part to maintain the security your account and its information, you agree to the following:

  • You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

4. Representations

As a voluntary user of our system, you represent that the following is and will continue to be true and accurate:

All of the information you submit to MustMotivate will be accurate.

You will not provide any false personal information on the MustMotivate system or to our staff or contractors, or create an account for anyone other than yourself without permission.

You will not create more than one personal account.

If we disable your account, you will not create another one without our permission.

You are not a convicted sex offender.

You will keep your contact information accurate and up-to-date.

5. Software and Applications License

Some of our Services allow you to download client software or applications ("Software") which may update automatically. We give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services, so long as you comply with these Terms.

Some of the Software may be offered under an open source license. In that event, we will make that license available to you. The provisions of those open source licenses may expressly override some of these Terms.

Unless the following restrictions are prohibited by law in your jurisdiction, you agree not to: reverse engineer or decompile the Services or Software, attempt to reverse engineer or decompile the Services or Software, or assist anyone else in reverse engineering or decompiling the Services or Software.

6. Content

When you create your own personalized account, you may be able to provide (“User Content“).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  The Company, however, reserves the right to remove any User Content from the Service at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false or inaccurate;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MustMotivate or its affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

MustMotivate does not claim ownership of User Content. However, by posting, uploading, inputting, providing or submitting your Content, you are granting MustMotivate, our affiliated companies and necessary sub-licensees permission to use your Content in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content; and to publish your name in connection with your Content.

No compensation will be paid with respect to the use of your Content, as provided herein. MustMotivate is under no obligation to post or use any Content you may provide, and may remove any Content at any time in MustMotivate’s sole discretion.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all rights necessary for you to provide, post, upload, input or submit the Content.

7. Restrictions

As a condition of your use of the Site, you warrant to MustMotivate that you will not use the Site or Services for any purpose that is either unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • Use the service for any unlawful purpose or for the promotion of illegal activities;
  • Attempt to, or harass, abuse or harm another person or group; Use another user’s account without permission;
  • Provide false or inaccurate information when registering an account; Interfere or attempt to interfere with the proper functioning of the Service;
  • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Failure to comply with any of these Terms may result in the termination of your user account, Content, or access to the MustMotivate Site or Services without prior notice.

8. Disclaimer

MUSTMOTIVATE IS PROVIDED “AS IS, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.

9. Release of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSTMOTIVATE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH MUSTMOTIVATE OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUSTMOTIVATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

This agreement was originally written in US English. To the extent any translated version of this agreement conflicts with or deviates from the English version, the original US English version will control and supersede all others.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.