Terms of Use

Last updated: June 27, 2016.

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://dmotivated.com website (the "Service") operated by [D]Motivated ("[D]Motivated", "us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Termination of registration

If you no longer wish to have a registered account, you may terminate your account by contacting us through our contact form and including "Account Termination" in the subject line. If you no longer accept these terms of use, or any future modification to these terms of use, you must cease using [D]Motivated. Continued use of [D]Motivated indicates your continued acceptance of these terms of use.

If, for any reason, we believe that you have not complied with these terms of use, we may, at our sole discretion, cancel your access to the registration areas of [D]Motivated immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has been terminated.

Links To Other Web Sites

Our Service may contain links to third­party web sites or services that are not owned or controlled by [D]Motivated.

[D]Motivated has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that [D]Motivated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third­party web sites or services that you visit.

Content Policy

Use of the site

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Unwelcome Content

While [D]Motivated should be considered a safe haven for humor of an adult nature, some content may be found unsuitable for this website. Such content that will be considered un-welcomed would be the following:

  • Illegal
    • Content that is a copyright or trademark infringement
    • Illegal or involuntary sexual content (Think child pornography, rape pornography, etc)
  • Incites or encourages violence towards others
    • Content that actively encourages others to act violently towards specific people or groups of people.
  • Threatening, harassing, or bullying in nature
    • Content or activities that infringe upon an individual's personal safety. No one should feel their safety online or offline has been compromised.
    • Posting defamatory content aimed at another user
  • Personal and confidential information
    • Any content uploaded, or posts made, with any identifiable information of an individual without express permission
    • Uploading credit card numbers, street addresses, social security numbers are examples of personal or confidential information
    • Providing or requesting information or data that you have to right to legally make available under the law or contractual relationships
  • Spam
    • Uploading or posting about products or services repeatedly
    • Spamming legitimate users (This goes hand-in-hand with harassment)
  • Infringes upon property rights
    • Content that violates any applicable law, or intellectual property rights
    • Not giving proper credit when and where credit is due

Prohibited behavior

In addition to the Unwelcome content section there are several behaviors that are prohibited. These behaviors may include, but are not limited to:

  • Creating multiple accounts to avoid punishment or restrictions
  • Upsetting the experience of others
    • Introducing malicious code, make it difficult for others to partake in the service, or misusing the service in any way
  • Impersonating or misleading activities
    • Pretending to be, or impersonating anyone with the intention to mislead, confuse, or deceive others
  • Malicious content
    • Uploading or linking malicious content with the purpose of damaging or disrupting another user's browser or computer
  • Content scraping
    • Trying to access or search any services offered by any other means than the publicly supported interfaces
    • Recording data found within the site with automated programs, software, or any other method of screen scraping
    • If you wish to use data found on or within this website, please contact the administrators
  • Misusing the service
    • Using the website or it's services in unlawful or illegal activities or promotion of illegal activities
    • Attempting to violate applicable laws or regulations
  • Attempting to access unauthorized areas or test our security measures
    • Probing, scanning, or attempting to test the vulnerability of any service or the site itself
  • Collecting or storing information
    • Taking information about [D]Motivated's users or from the site itself without permission
  • Requesting services outside of the site
    • Asking users for money
    • Requesting users pay for the services offered on this site
    • Publicizing or promoting commercial activities and/or sales without our prior written consent such as contest, sweepstakes, barter, advertising, and pyramid schemes

NSFW Content

NSFW (Not Safe For Work) content is content that contains inappropriate materials that reasonable viewers would not want to be seen in a public space, such as work or a formal setting. Content that is NSFW should be tagged as such when uploading content. If inappropriate content is found and not tagged as such, please use the flag button found on every content screen, or contact the administrators immediatly so appropriate action can be taken.

Enforcement

There are various ways of dealing with enforcing the content policy.

  • A polite email asking you to discontinue the action
  • A warning with a proposed punishment
  • Temporary banishment from the site
  • Permanent banishment from the site
  • Removal of your content
  • Removal of access to the site

Moderation

[D]Motivated is a community driven site. It is therefore up to the community to bring attention to violations of the content policy. The administrator will make every attempt to keep the standards of the experience within expectations, but sometimes there may be a situation that is overlooked. The site is ever growing, and with that, comes added responsibilities.

Credit

[D]Motivated is built with giving credit to original content; that is why we do not remove watermarks or infringe on an authors work. A majority of the content of this site is a collection from other sites across the site. We always try to give credit when available. We would appreciate that our users do the same. If an image has a linkable watermark, please put that link in the sources input box in an upload form. We are fine with a user from another site uploading their own content and putting themselves down as the source. We are about promoting the sharing of content and fair use across the internet.

If content is found to have a source, and it is not properly attributed, please flag the content, or contact the administrator so that the proper attribution can be given.

Content

This site allows users to create, upload, and share content through various services. In this agreement, we will refer to all of this content as "User Content"

In order for us to make the User Content user's contribute available on the site, and to operate the service, we need the right to make use of such User Content in accordance with and subject to this Agreement.

Therefore, by contributing User Content to the Site, or creating it on the Site, you automatically grant to us an irrevocable and perpetual (except as set forth in this agreement), non-exclusive, transferable, royalty-free, worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, public, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content in any form of media or expression, in the manner in which the service from time to time permits User Content to be used, and to license or permit others to do so.

This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used.

You must not upload or contribute any content not originally created by you, or any content which is not properly licensed to you by someone else for uploading or contributing.

Intellectual Property

The Site and its original content, features, and functionality are owned by [D]Motivated and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You cannot use [D]Motivated's name, logo, trademark, or branding in a way that confuses people about your affiliation with [D]Motivated.

If you wish to use the property of [D]Motivated in any way, please contact the administrator to receive approval.

Copyright

[D]Motivated takes copyright and the intellectual property rights of others very seriously, and we expect our users to do the same. We always try to give as much credit as possible, but sometimes that is not enough. We will respect any Digital Millennium Copyright Act (DMCA) Notices or Copyright Infringement requests that we receive within reason.

In accordance to the Digital Millennium Copyright Act of 1998, the text may be found here http://www.copyright.gov/legislation/dmca.pdf, and more information here http://www.copyright.gov/title17/92chap5.html, [D]Motivated will respond to claims of copyright infringement committed using any services as expeditiously as possible.

If you believe your copyright-protected work was posted on [D]Motivated without authorizations, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner's behalf. If you are a copyright owner, authorized to act on the behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site by completed a DMCA Notice of Alleged Infringement and delivering it to the site administrator.

(Please see 17 U.S.C 512(c)(3) for further details)

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located
  • your address, telephone number, and email address
  • a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receipt of Notice, [D]Motivated will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the site.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Warranty Disclaimer

No Warrenties

This website is provided "as is" without any representations or warranties, express or implied. [D]Motivated makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, [D]Motivated does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [D]Motivated's liability in respect of any:

  • death or personal injury caused by [D]Motivated's negligence;
  • fraud or fraudulent misrepresentation on the part of [D]Motivated's; or
  • matter which it would be illegal or unlawful for [D]Motivated's to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website terms of use are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, [D]Motivated has an interest in limiting the personal liability of it's self or employees.
You agree that you will not bring any claim personally against [D]Motivated or it's employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website terms of use will protect [D]Motivated’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as dmotivated.com.

unenforceable provisions

If any provision of this website's terms of use is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website's terms of use.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.