Motismo Terms of Service
Revised 15 April 2010

Rasbora Media, LLC ("Rasbora") provides Motismo.com and its related services ("Motismo") subject to your compliance with the Terms and Conditions ("Terms") set forth below. Please read the following carefully.

Rasbora reserves the right to update and modify the Terms at any time without notice. New features that may be added to Motismo shall be subject to the Terms. Should you continue to use Motismo after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms here: http://www.motismo.com/terms.php

Violation of any part of the Terms will result in termination of your account.

Account Terms

  1. You must be at least 18 years of age to use Motismo.
  2. You must provide your full legal name, a valid email address, and any other information required to complete the sign-up process.
  3. You are responsible for maintaining the privacy and security of your account. Rasbora will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

Subscription Fee

  1. The monthly subscription fee to use Motismo is $18 USD per month.
  2. Rasbora reserves the right to change the monthly subscription fee upon 30 days notice from us. Changes to the subscription fee will be reflected in the Terms.

Payment and Access

  1. A valid credit card is required to continue using Motismo after your trial period has expired.
  2. After your trial period expires your credit card will be billed each month in advance for the following month of service and is non-refundable.
  3. There will be no refunds or credits for partial months of service, or refunds made should you not use Motismo during a period of time when your account is open. No exceptions will be made.
  4. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Modifications to Motismo and Fees

  1. Rasbora reserves the right to modify, suspend, or discontinue Motismo at any time for any reason with or without notice.

Cancellation and Termination

  1. You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by clicking the "Settings" option at the top of the Motismo interface and then clicking the "cancel" link. The account cancellation page provides simple instructions to cancel your account. Email or phone requests to cancel your account will not be deemed cancellation.
  2. Only an account administrator can cancel an account.
  3. All content associated with your account will be deleted immediately upon your cancellation of your account.
  4. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again after your account has been successfully cancelled.
  5. Rasbora reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund.
  6. Rasbora reserves the right to delete all Content associated with your account.
  7. Rasbora may refuse service to anyone for any reason at any time.
  8. Rasbora reserves the right to terminate accounts that have been inactive for more than 60 days.

Copyright and Ownership

  1. Rasbora or its suppliers own the intellectual property rights to any and all protectable components of Motismo, including but not limited to the name of Motismo, artwork and end-user interface elements contained within Motismo, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of Motismo which Rasbora or its suppliers own.
  2. Rasbora claims no intellectual property rights over the Content you upload or provide to Motismo. However, by using Motismo to send Content, you agree that others may view and share your Content.

General Conditions

  1. Your use of Motismo, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of Motismo.
  2. You agree not to resell, duplicate, reproduce or exploit any part of Motismo without the express written permission of Rasbora.
  3. You may not use Motismo to store, host, or send unsolicited email (spam) or SMS messages.
  4. You understand that Motismo can be used for transmission of your Content, and that during processing, your Content, including client names, project names, task details, invoice details, and account information may be transferred unencrypted over the internet.
  5. You may not use the service to transmit any viruses, worms, or malicious content.
  6. Rasbora makes no warranties regarding (i) your ability to use Motismo, (ii) your satisfaction with Motismo, (iii) that Motismo will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by Motismo, and (v) that bugs or errors in Motismo will be corrected.
  7. Rasbora, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of Motismo. Your sole remedy for dissatisfaction with Motismo is to stop using Motismo.
  8. If any provision of the Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  9. The failure of Rasbora to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms sets forth the entire understanding between you and Rasbora as to Motismo and supersedes any prior agreements between you and Rasbora (including, but not limited to, prior versions of the Terms).
  10. Any questions regarding the Terms should be addressed to support at motismo dot com.

Severability

  1. In the event that any provision of the Terms is declared invalid or unenforceable for any reason by a court of competent jurisdiction, such provision will either be amended by the court so that the term is enforceable or the term will be severed from the remainder of the Terms, which will remain in full force and effect.

Choice of Law

  1. The interpretation and enforcement of the Terms will be governed by the laws of the Commonwealth of Pennsylvania.

Jurisdiction and Venue

  1. By accepting the Terms and using Motismo you consent to jurisdiction and venue in the following courts: the United States District Court for the Western District of Pennsylvania and the courts of the Commonwealth of Pennsylvania.