Terms of Use

Welcome to MotivationalBuck.com, an online custom motivational poster website. By using the MotivationalBuck.com website you agree to be bound by these Terms of Use. If you wish to make use of the MotivationalBuck.com service, read these Terms of Use and indicate your acceptance of them by using this website and creating custom images. This Agreement sets out the legally binding terms of your use of MotivationalBuck.com and your membership in the service and may be modified by MotivationalBuck.com at any time and without prior notice, such modifications to be effective upon posting by MotivationalBuck.com on the web site. This Agreement includes MotivationalBuck.com's acceptable use policy for content posted on the web site, MotivationalBuck.com's Privacy Policy, and any notices regarding the website.

1. Acceptance of Terms of Use and Amendments.

By registering as a user or by using MotivationalBuck.com (the "Service"), you hereby agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Creating Custom MotivationalBuck.com Images and Submission to Gallery.

MotivationalBuck.com is a dynamic image creation service featuring custom motivational posters. Users can create custom dynamic images and submit them to our gallery or purchase a higher resolution version for download. Though we can't monitor every transaction that originates on MotivationalBuck.com, we may perform random quality assurance tests to confirm that those who create custom dynamic images of motivational posters are creating nonoffensive material. By using our Service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a user is engaging in unfair, innappropriate or deceptive practices, MotivationalBuck.com reserves the right to deny that member use of the Service.

3. Refund Policy.

By creating and ordering a custom motivational poster from MotivationalBuck.com, you agree to pay the fees specified for the item. MotivationalBuck.com can not guarantee the quality of the motivational poster as image resolutions of uploaded images vary widely.

4. Your Responsibilities and Registration Obligations.

In order to use this web site, you must register on our site, agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this Agreement.

5. Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.

6. Registration and Password.

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

7. Your Conduct.

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; (d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

8. Submission of Content on this Web Site.

By providing any Content to our web site: (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7; (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

9. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

10. Minors.

In compliance with the Children's Online Privacy Protection Act, MotivationalBuck.com does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed to minors. If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.

11. Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

12. DISCLAIMER OF WARRANTIES.

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." MotivationalBuck.com AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES WILL MOTIVATIONALBUCK.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MotivationalBuck.com AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

14. Reservation of Rights.

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

15. Notification of Copyright Infringement.

If you believe that your work has been used in any way that would be considered copyright infringement, or your intellectual property rights have been otherwise violated, please notify MotivationalBuck.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at contact@MotivationalBuck.com or: Please provide our Agent with the following Notice: Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the MotivationalBuck.com site that you claim is infringing, with enough detail so that we may locate it on the website; A statement by you 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 declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. MotivationalBuck.com's Agent will forward this information to the alleged infringer.

16. Copyright Notice and Limitations on Use.

All of the information, content and services (collectively, the "Content") within this Service are protected by copyright and other intellectual property laws. The Content is owned by MotivationalBuck.com and its affiliated companies, licensors and suppliers. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content for your personal, noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of MotivationalBuck.com. If you operate a website and wish to link to MotivationalBuck.com, you must link to MotivationalBuck.com's home page unless permission otherwise has been granted in writing by MotivationalBuck.com Permissions. MotivationalBuck.com reserves the right to reject or terminate any links to the Content or the Service.

17. Applicable Law.

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the state and federal courts in Fayette County, Kentucky in all disputes arising out of or relating to this Agreement or use of this website. 18. Miscellaneous Information. (i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.