Terms Of Use
Thank you for visiting and using the website located at: www.motorik.io (hereinafter the “Website”), which is provided by Motorik sp. z.o.o., a limited company registered under the laws of Poland and having it’s registered address at: ul.Twarda 44, 00-831 Warsaw, Poland (referred to herein as “Motorik”, “We”, “Us”, or “Our”). These Terms of Use are made by and between Motorik (referred to herein as “Motorik”, “We”, “Us”, or “Our”) and You or the entity You are authorized to represent (“You”, “|Your” or “User”). Your use and access to the Website and Services is governed by and subject to the following agreements:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. TO ACCEPT THESE TERMS OF USE, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE (“PRIVACY POLICY”). THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT, INCLUDING THE ACTIONS OF CHILDREN AND ANYONE ELSE WITH ACCESS TO YOUR ACCOUNT.
The Website use is offered to You only on the condition that You accept these Terms of Use, without modification of the terms, conditions, and notices herein. Your use of the Website constitutes acceptance of all these terms, conditions, and notices. By using the Website, You signify Your agreement to and with these Terms of Use, including our use of your information as provided below and in Privacy. If you do not agree to these Terms of Use, including our use of Your information, you should immediately cease your access and use of the Website.
“You” means you as a visitor or user to the Website and shall apply to you as an individual and to your business entity if you represent an entity;
“Services” means any the information, links, products or services offered on this Website;
“Content” means data, text, images, sound, video and other information and materials;
“Copyright Information” means the content, organization, graphics, design, compilation, and other matters related to Motorik and the Website;
“Trademarks” - all trademarks, service marks, logos, trade names, and any other proprietary designations of Motorik.
In order to use the Website, you shall: (a) be a natural person, at least 18 years old and able to form a legally binding contract under applicable law; and (b) reside in a jurisdiction where use of the Website is permitted.
Motorik reserves the right to monitor the location from which You access the Website and to block access from any computer which Motorik determines (in its sole discretion) is located in a jurisdiction where use of the Website is prohibited or restricted.
Without limiting the foregoing, You understand and agree that Motorik reserves the right to, in our sole discretion, deny access to the Website to any person or entity and that We shall have no liability of any kind or based on any theory of law, equity, contract, tort or otherwise, to You or to any third party as a result of any decision we might make to deny You access to the Website.
All content, including, but not limited to, the descriptions, information, artwork, text, images, animations, video, audio, logo, slogans, pictures and media files, (collectively, “Website Content”) contained on the Website is owned or controlled by Motorik and may be protected by worldwide copyright and trademark laws. You may access and use the Website Content only for personal, non-commercial purposes. You may not use, change, copy, publish, sell, post, transmit or distribute any Website Content for any other purpose, without Motorik’s express written consent.
Motorik hereby grants You a non-exclusive, revocable, limited license to use the Website solely for Your personal and non-commercial use. You may only use the Website in the manner in which Your usage is intended and in compliance with these Terms of Use and with all applicable laws and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website. All rights not expressly granted to You in these Terms of Use are reserved and retained by Motorik. The licenses granted by Motorik terminate if You do not comply with these Terms of Use.
Please respect our intellectual property rights. Any personal usage or reprint of our materials must include all copyright, trademark and any other proprietary notices reflecting Motorik’s exclusive ownership of said content. We expressly do not provide any rights or licenses to you as a user of our website and Motorik retains exclusive worldwide intellectual property rights to all its materials.
You are expressly prohibited from using the Website in any of the following ways or for any of the following purposes:
You agree to cooperate with us in causing any prohibited using of the Website immediately to cease.
By using the Website, You acknowledge that all information, content and materials contained on the Website (in any form or media, the “Website Materials”) may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by Motorik, its affiliates, subsidiaries, third party content suppliers, vendors, licensors or business partners. Except for third party materials which are in the public domain, You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Website Materials.
You agree that You shall not attempt to: (a) gain unauthorized access to the Website’s systems, (b) interfere with procedures or performance of the Website, (c) deliberately damage or undermine the Website, or (e) commit fraud with regard to the Website. Your violation of Terms of Use may result in your civil and/or criminal prosecution.
The Trademarks displayed on the Website whether or not registered, are Trademarks of Motorik, its affiliates, subsidiaries, and/or third parties. You have no right to use the Trademarks in any way and nothing contained on the Website should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademarks without our written permission or the written permission of the third party that owns the Trademarks.
Your misuse or unauthorized use of any Trademarks or any Website Materials is strictly prohibited. You are hereby advised that we are prepared to aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate. We will also reasonably cooperate with any third party alleging that such party’s intellectual property rights have been infringed on the Website and shall take such steps as are required by law or otherwise reasonable and necessary to resolve any such complaint.
You agree that the Site, including but not limited to content, features and functionality, graphics, all information, user interface, software, text, displays, images, video and audio, and the design are owned by SmartyAds and/or its licensors, and is protected by applicable intellectual property and other law. SmartyAds may update the content on this Site from time to time in our sole discretion.
We shall:
You shall:
You are subject to all laws and regulations of the state, province and/or country in which you reside and from which you access the Website and you are solely responsible for obeying those laws and regulations. You are solely responsible for your compliance with the Terms of Use set forth in this document.
You understand and agree that Motorik reserves the right to monitor all Website activity in order to (a) enforce these Terms of Use, (b) maintain and enhance Website performance and offerings, (c) maintain and enhance Website integrity, reputation and user experience, and (d) for other internal business purposes of Motorik. Without limiting the foregoing, you understand and agree that by accessing and using the Website, you are authorizing Motorik to review your Website participation in order to investigate complaints against you, allegations of Website abuse by you, and/or Website activity conducted by you, and to disclose information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation.
Any violation of any of these Terms of Use may subject you to immediate sanctions (as determined by Motorik in its sole discretion) including closing of your access to the Website, or prosecution for violations of law.
The Website may contain links to third-party Websites, which are provided by Motorik only as a convenience (“Third Party Content”). Your dealings with Third Party Content are solely between you and the third party. Therefore, you acknowledge and agree that we and our Related Entities are not responsible or liable for the availability of, nor do we or our Related Entities endorse the products or other materials of the Third-Party Content.
Motorik retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Motorik reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
This Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that neither Motorik nor its Related Entities are responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and neither Motorik nor its Related Entities are not and will not be responsible therein. Motorik encourages all Members to review said privacy policies of third-parties’ sites.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE. WE DO NOT WARRANT THE RESULTS OF THE SERVICES OR ADDITIONAL SERVICES, THAT THE SERVICES WILL MEET YOUR BUSINESS GOALS OR OTHER REQUIREMENTS OR EXPECTATIONS (OR, IF ACHIEVED, THAT SUCH RESULTS WILL BE SUSTAINABLE), THAT THE PROVISION OF THE SERVICES OR ADDITIONAL SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR- FREE, OR THAT ANY ERROR IN THE SERVICES OR ADDITIONAL SERVICES WILL BE CORRECTED.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ACKNOWLEDGE THAT THE WEBSITE AND SERVICES MAY BE INACCESSIBLE, UNAVAILABLE OR INOPERABLE FROM TIME TO TIME. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Without limiting the foregoing, You understand and agree that neither Motorik nor its Related Entities are responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR PRINCIPALS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUBSIDIARIES OR AFFILIATES, OR OUR SUBSIDIARIES’ EMPLOYEES AND CONSULTANTS (COLLECTIVELY, “RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSSES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, WHICH YOU OR SUCH THIRD PARTY MAY INCUR AS A RESULT OR ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR VIOLATION OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT BASED ON YOUR USE OF THE WEBSITE OR WEBSITE MATERIALS, DAMAGES TO USERS’ SYSTEMS AND/OR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
By using the Website, You hereby agree to indemnify, defend, and hold Motorik and its Related Entities harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by such parties in
If any portion of these Terms of Use is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
Please know that Motorik may amend these Terms of Use at any time. Updated Terms of Use will be posted on this Website. If You continue to use the Website after an amendment is posted on this Website, You agree to be bound by the updated terms of the posted Terms of Use. Therefore, You should review these Terms of Use and Privacy each time You use the Website. Motorik reserves the right to implement the amendment immediately upon posting, with or without prior notice. Any changes to these Terms of Use will be effective as of the date indicated at the bottom of these Terms of Use. By continuing to use the Website or the Services, You will be deemed to have agreed to such changes.
If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by the Motorik, in its sole discretion, to any third party in the event of a merger or acquisition.
This Agreement shall be governed by and construed in accordance with the laws of Poland. You submit to the jurisdiction of the applicable courts located in Warsaw, Poland. Each party waives any objection it may have to such venue.
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND MOTORIK ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, epidemic, accident, explosion, casualty, act of God, act of terrorism, lockout, strike, labor controversy or threat thereof, riot, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law (the “Force Majeure”).
All notices and other items from one party to the other hereunder will be addressed to the address set forth in these Terms of Use or to such other address as the addressee may designate in writing.
If You have any questions, requests for technical support, comments and other communications relating to the Website and services please contact us via email at support@motorik.io