Terms of Use for MoTivist Website and Widgets

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PARTICIPATING IN THE MoTivist COLLECTIVE INTELLIGENCE EXPERIENCE BY USING THE MoTivist WEBSITE OR WIDGET TO RATE STORIES, COMMENT, OR VIEW TSCORE RESULTS ON THE WEBSITE. BY ACCESSING THIS SITE OR USING ANY PART OF THE WEBSITE OR ANY CONTENT OR FEATURES ON THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE CONTENT OR ANY FEATURES ON THE WEBSITE. MoTivist'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED A LEGAL OFFER BY MoTivist, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

These Terms of Use outline all Users’ obligations and responsibilities when using the MoTivist website and widgets. The MoTivist Privacy Policy, outlines our policies and practices regarding any personal information that users provide to MoTivist. Anyone who clicks on a widget or visits the Website, including you, is a User, regardless of whether the User registers with MoTivist or not.

I. ACCEPTANCE OF TERMS

The web pages available at MoTivist.com, the MoTivist Widgets placed on other websites and linked to the MoTivist website, and all pages linked to the MoTivist website (collectively, the "Website"), are owned and operated by Rate the Truth, Inc., ("MoTivist"), a Georgia corporation, and accessed by users under the Terms of Use contained in this document.

II. CHANGES TO THE TERMS OF USE

MoTivist reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If any changes could be considered a material change to the Terms of Use, MoTivist will notify users by posting an announcement on the Website. A "material change" will be defined by and determined by MoTivist's at its sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Website and MoTivist Features following such notification constitutes your acceptance of the modified terms and conditions of the Terms of Use.

III. MoTivist USER REGISTRATION 

Many of the Features available on the MoTivist Website are accessible to a User whether or not the User has registered with MoTivist on the Website. In order to take advantage of the most advanced and powerful Features, however, users are required to register with MoTivist and select a password and screen name (the user’s "MoTivist ID"). Should a User choose to register, that User must provide MoTivist with accurate, complete, and up-to-date information during the registration process. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of a User’s MoTivist account. Users may not (i) impersonate another person by selecting a MoTivist ID that would tend to lead neutral observers to believe a User is someone other than the person registering; (ii) use as a MoTivist ID a name subject to any copyrights or other rights of a person other than you without appropriate authorization; (iii) select a MoTivist ID that would tend to confuse or misinform a neutral observer as to the User’s identity or level of expertise; or (iii) use as a MoTivist ID a name that is offensive, vulgar or obscene. MoTivist reserves the right to cancel an existing MoTivist ID, deny an attempted ID change, or refuse registration of a new MoTivist ID in its discretion. Each individual user is responsible for maintaining the confidentiality of that individual’s MoTivist password.  

IV. DESCRIPTION OF MoTivist FEATURES

MoTivist Users rate the truth of articles and other media content (“News') contained on external websites. Based upon the ratings assigned to News by MoTivist Users, the MoTivist algorithm calculates a TScore ™ for each News item. The most basic MoTivist Feature is the TScore ™, but many advanced and powerful Features are also available on the MoTivist Website. Examples include Comments provided by Motivisit Users, including the interaction between Users through Comments strings. Users may also sort, categorize, or view News items TScores™ by geographically, educationally, or otherwise limiting or weighing responses or ratings provided by other Users[this might not be true, we may save this option fo people that pay for our data]. The purpose of the MoTivist Website is to explore collective intelligence in determining the Truth of News items, and that collective intelligence is embodied within the TScore™;. For a fuller and more complete description of the Feature available on the MoTivist Website, please spend some time navigating the various links on the Website itself. MoTivist may expand, change, suspend or discontinue, or add additional Features for any reason, at any time. MoTivist may also impose limits on certain features and Features or restrict access to parts or all of the Features without notice or liability.

V. MoTivist USER CODE OF CONDUCT

The pursuit of the truth through collective intelligence requires the good faith participation of all Users. Therefore, as a condition of their use of the MoTivist Website, all Users agree and promise not to use the Features for any purpose other than the pursuit of truth through colelctive intelligence and the social networking that is a byproduct of the primary use. Specifically prohibited are any uses that are unlawful or prohibited by these Terms of Use.

In order to make it as clear as possible what is permitted and expected of Users of the MoTivist Website and what is considered a violation of these Terms of Use, the following examples would be considered a violation of the Terms of Use and unacceptable User conduct:

i. Abusive, threatening, intimidating, or harassing of contributors, writers, media content providers, or other MoTivist users through Comments posted on the Website.

ii. Impersonating other Users, or providing information or Comments that would tend to confuse other Users as to the source of such Comments.

Iii. Inflating your credentials, including work experience, educational achievement, volunteer experience, publication record, or other qualification in order to obtain Expert status or otherwise alter the perceived weight to be given to your Comments or ratings.

iv. The posting, either directing (by the User) or indirectly (at the direction or suggestion of any User) any Comment, or other information, that infringes on any copyright (in any country or jurisdiction) – any content added by Users must be that User’s own work or properly credited to its source.

v. The posting, either directing (by the User) or indirectly (at the direction or suggestion of any User) any Comment, or other information, that is libelous, defamatory, obscene, pornographic, profane, or otherwise violates any law or right of any third party.

vi. Any Comment, posting, or other use of the Website for any illegal or unauthorized purpose. All Users outside of the United State of America agree to comply with all local laws.

vii. Phishing (i.e., any communication or solicitation designed or intended to obtain password, account, or private information from anyone, especially other MoTivist users).

viii. Sending Spam (any unwanted or unsolicited e-mail) to MoTivist users or any URL identified or obtained by a User’s use of the MoTivist Website.

ix. Using automated means (such as Spiders or Scrapers) to access the Site for any purpose without our express written permission.

x. Attempting to increase or decrease Tscores by creating separate User accounts for the purpose of voting multiple times; giving or receiving money or other benefit in exchange for votes; or participating in any  organized effort that in any way artificially alters Tscores (in contrast, Users are encouraged to Comment persuavely, argue their points, and attempt to encourage Users to vote according to information and argument provided by Users).

xi. Advertising to, or soliciting, any user to buy or sell any products or services.

xii. Attempting to sell or otherwise transfer your MoTivist ID to another User – collective intelligence requires the participation of a collection of individuals, each of whom brings unique experiences and viewpoints to the process.

IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE MoTivist ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO INFLUENCE TSCORES.

MoTivist may remove any Comments, Content and MoTivist accounts at any time for any reason (including claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report violationd of these of Terms of Use, please email: report@MoTivist.com.

Each individual User is responsible for that user’s interactions with other users of the Site. MoTivist reserves the right, but has no obligation, to intervene in conversations or arguments between users, and may cancel accounts, remove Comments, or both, as a result.

VI. COMMENT SUBMITTED BY USERS TO MoTivist

By submitting Content to MoTivist, each user warrants that such User owns all rights to the Content, and agrees that the Content will be dedicated to the public domain and collective intelligence process. As such, Users will not object to the use of the Content by MoTivist in any context. To clarify, the above does not apply to the Content on external sites commented upon or linked to by the original submission.

VII. COPYRIGHT COMPLAINTS

MoTivist respects intellectual property rights. MoTivist will respond immediately to claims of copyright and other intellectual property infringement. MoTivist investigates all notices of alleged infringement and will take appropriate actions as warranted by each individual situation pursuant to applicable intellectual property laws. MoTivist will terminate the IDs of registered Users who are repeat infringers. Please report any infringements to report@MoTivist.com.

VIII. MoTivist PRIVACY POLICY

MoTivist's current privacy policy is available at MoTivist.com/main/privacy and this policy is incorporated by reference herein.

IX. INDEMNITY

As a user, you agree to indemnify and hold harmless MoTivist (Rate the Truth, Inc.) and its customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Features, violation of the Terms of Use, or the infringement of any intellectual property or other right of any person or entity.

X. WARRANTY DISCLAIMERS

MoTivist has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Features; what effects the Content may have on Users; how Users interpret or use the Content; or what actions Users take as a result of having been exposed to the Content. The Site or Features may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MoTivist makes no representations concerning any content contained in or accessed through the Site or Features, and MoTivist will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Features. THE FEATURES, CONTENT, AND WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY KIND OF WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON THE SCOPE AND LENGTH OF TIME OF WARRANTIES, AND AS A RESULT THIS LIMITATIONS MAY NOT APPLY TO ALL USERS EQUALLY.

XI. LINKS TO OTHER WEBSITE

MoTivist Features and  Content, or third parties including other Users and advertisers, may include links to other websites within Comments, advertisements, or other Movisist Website Content. Because MoTivist has no control over such sites and resources, Users acknowledge and agree that MoTivist is not responsible in any way for external websites, and MoTivist does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites. MoTivist is not be responsible or liable, directly or indirectly, for any damage or loss alleged to be caused by use of or reliance on anything regarding or contained within external websites.

XII. LIMITATION OF MoTivist’S LIABILITY

MoTivist IS NOT AND IN NO EVENT WILL BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR ANY DAMAGES OF ANY KIND WHATSOEVER, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500. CERTAIN STATES LIMIT OR PROHIBIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT FULLY APPLY.

XIII. TERMINATION

MoTivist may terminate or suspend any and all Features or MoTivist ID immediately, without prior notice or liability, if a User breaches any of the Terms of Use. Upon termination of a User ID account, the right to use the Features will immediately cease. Certain provisions of the Terms of Use will continue in full force and effect after ID termination, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

XIV. [Insert Trademark information once we have registered Trademarks.]

XV. MISCELLANEOUS

These Terms of Use govern each User’s use of the Features of the MoTivist Website. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and Users do not have any authority to bind MoTivist in any manner whatsoever. The failure of either party to exercise any right provided for in these Terms of Use is not and cannot be deemed a waiver of any further rights hereunder, including any susequent exercise of the particular right that was not exercised. MoTivist is not liable for any failure to perform obligations under these Terms of Use if the failure results from any cause beyond MoTivist's control, including mechanical, electronic, utility, weather-caused, terrorism-caused or communications failure or degradation. If any provision of the Terms of Use is found to be unenforceable or invalid by any court or other authority, that provision will be deleted so that the remainder of the Terms of Use remain in full force and effect and enforceable. MoTivist may transfer, assign or delegate the Terms of Use and its rights and obligations without consent to any subsequent owner of Rate the Truth, Inc.. The Terms of Use are governed by and interpreted under the laws of the state of Georgia, as if made within Georgia between two Georgia residents, and the parties submit to the exclusive jurisdiction of the Superior Court of Fulton County, Georgia and the United States District Court for the Northern District of Georgia.