ACCEPTABLE USE POLICY
User will comply with the terms and spirit of the Agreement. (a) User's use of the MOTA Service shall adhere to all applicable laws and shall not use the MOTA Service in a manner which violates any county, city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; (b) User shall not use the MOTA Services for the purposes other than to (i) exhibit, display or post works owned, controlled or authorized to be represented by the respective owner of said works or related content, data, or information thereto (for the purposes of this Agreement, individually and collectively hereinafter referred to as User Works) to effectuate a potential commercial transaction whereby Users Works shall be offered for sale or licensing without prejudice or discrimination to the buyer, and (ii) market and/or promote Users'

Works for the purposes of commercial exploitation; (c) User shall not violate or infringe the rights of any other party, be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall not submit for posting such works; (d) contain any viruses, Trojan horses, worms, spiders, bots, time bombs, cancel-bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) create liability for MOTA or cause MOTA to lose (in whole or in part) the services of our ISPs or other suppliers.

BROKER FEES
User agrees that User's use of the MOTA Service shall be considered exclusive in nature and User hereby grants MOTA the exclusive right as broker to facilitate all commercial transactions between User and any interested third party. User's use of the MOTA Service shall be subject to a broker fee of twenty (20%) percent of the gross transaction value (the "Broker Fee") between User and any third party that purchases or licenses any of User's Works whether in part, whole, irrespective if any such works are displayed, exhibit or posted as part of the MOTA Service. For the avoidance of doubt, gross transaction shall mean the total value of a transaction between a User and any third party for any works owned or controlled by User, whether or not displayed, exhibited or posted as part of the MOTA Service. The Broker Fee shall be applicable to all commercial transactions involving User's Works whether or not such third party?s acquisition, or licensing of User?s Works displayed, posted or exhibited herein were facilitated via the use of the MOTA Service. Broker Fees shall be in effect and applicable for any and all commercial transactions entered into between User and any third party for the term of the Agreement plus eighteen (18) months thereafter. User may list, exhibit or post any of User's Works on any other site, or venue (whether online or offline) and any commercial transactions effectuated as a result thereof shall not waive User's obligation to pay MOTA the Broker Fee as listed herein.

TITLE
Title, ownership rights, and intellectual property rights in all content and material that is part of, contained in, or accessed through the MOTA Service, and provided by either MOTA or affiliated partners, participants, Users, sponsors or any other content provider (for the purposes of this section, "Affected Parties") shall remain the sole property of MOTA and/or its respective Affected Parties. User acknowledges and agrees that certain Affected Parties or business names contained within the system used to provision the MOTA Services may represent protected trademarks and service marks. User's use of the MOTA Service shall not be deemed a license granted to use the marks of MOTA or Affiliated Parties. Such content and materials are protected by the copyrights, trademark, service mark and patent laws and treaties.

INDEMNIFICATION
User agrees to indemnify and hold MOTA and its licensors, parents, subsidiaries, affiliates, network partner sites, officers and employees ("Affiliated Parties"), and Affected Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the MOTA Service, the violation of the Agreement by User, or the infringement by User, or by any other user of the MOTA Service using User's computer, of any intellectual property or other right of any person or entity, or as a result of Users' actions.

DISCLAIMER OF WARRANTY
MOTA Exressly disclaims any warranty for the MOTA service. The MOTA service is provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk as to the performance of, or arising out of the use of the MOTA service is borne by user. MOTA makes no warranty regarding any goods, information or services purchased, licensed or obtained through the use of the MOTA service. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to user and user may have other legal rights that vary by jurisdiction.

LIMITATATION OF LIABILITY
Under no circumstances and under no legal theory, tort, contract, or otherwise, shall MOTA or its licensors or resellers be liable to user or any other person for any indirect, special, incidental, punitive, exemplary, or consequential damages of any character including, without limitation, damages resulting from the use of or the inability to use the MOTA service, the performance of the MOTA service, or damages for loss of goodwill, business profit, business stoppage, loss of data or business information, computer damage, or damages resulting from unauthorized access to or changes made to user's transmissions or data, or any and all other commercial damages or losses. In no event will MOTA be liable for any damages in excess of what MOTA received from user for the MOTA service or one dollar ($1.00Us), whichever is greater. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to user.

POSTING WORKS
MOTA assumes no responsibility for the deletion or failure to store, deliver or timely post Users' Works. Without limiting the foregoing sentence, MOTA may, from time to time and without notice, set limit(s) on the number of User Works a User may post, and MOTA retains the right to remove any User Works or part thereof for any reason whatsoever, including convenience, as well as revoke Users? use of the MOTA Service without any liability whatsoever, and User hereby releases MOTA from any such liability. Any notice provided by MOTA to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).

INFRINGEMENT
User represents and warrants that the Users Works, does not interfere, infringe upon, or violate the rights of any third party and is not being presented for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with, infringe upon or violate the rights of any third party or is being selected for any unlawful purpose, MOTA may immediately suspend, revoke, permanently terminate the Users use of the MOTA Service, and User will indemnify and hold MOTA harmless, in accordance with the Indemnification section above, for any claim or demand against MOTA that arises out of such selection. User acknowledges and agrees that neither MOTA nor any of its licensors shall be liable to User in the event MOTA is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from posting, exhibiting or displaying any of User's Works.

MODIFICATION
MOTA reserves the right to modify the MOTA Service as described in the Agreement and on the site, and to change the terms and conditions of the Agreement at any time, without notice. Continued use of the MOTA Service after such modifications shall be deemed an acceptance by the User to be bound by the terms of the modified Agreement.

Termination
MOTA Service may be terminated for any reason, in whole or in part, effective immediately, by MOTA at any time without notice and without any liability whatsoever, and User hereby releases MOTA from any such liability. Upon termination, User's right to use the MOTA Service immediately ceases, and MOTA is not obligated to convey any offers to User. MOTA shall not be liable to User or any third party for termination of the MOTA Service. In the case of a terminated paid MOTA Service ("Premium Service"), upon written request to MOTA, User shall receive at MOTA's option, either (i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or (ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the MOTA Service is terminated due to User's violation of the terms of this Agreement. User may terminate this Agreement at any time by providing written notice to MOTA. In the vent of termination by User, any fees paid by User for Premium Service are non refundable.

SEVERABILITY
If any provision or portion thereof hereof shall at any time be held to be void, invalid or unenforceable, such provision or portion thereof shall be construed as severable and shall not in any way affect or render void, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if such void, invalid or unenforceable provision were not part of this Agreement.

ACTION LIMIT
User and MOTA agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

NO WAIVER
No waiver on the part of MOTA to exercise, and no delay in exercising, any right, power or provision hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or provision hereunder preclude the exercise of that or any other right, power or provision.

MOTA SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of any MOTA successor companies or assigns.

RELEASE
MOTA provides a venue whereby Users are provided an opportunity to engage a third party into a commercial transaction in respective to Users works. In the event that User have a dispute with any such third party for any reason whatsoever, User release MOTA (and its officers, directors, agents, subsidiaries, Affiliated Parties, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If User or such third party are domiciled in California, User waives California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

HEADINGS
The headings in this Agreement are for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision thereof.

LINKS
Be aware that when Users click on ad banners, Users may be redirected to other sites not operated by MOTA. MOTA is not responsible for information that Users provide to these sites, whether such information is provided on a cognizant basis, or vie the use of tracking technologies (i.e. cookies, agents, spiders, etc.). MOTA recommends that Users review the privacy policy of any site that requests personal information