Terms and Conditions

User Agreement

Version: 1

Last updated: 30/05/2018

  1. motivationpedia.com hereinafter referred to as “MotivationPedia”, “Platform”, “We”, “Our”, and “Us” is a blogging website which enables its users to share their motivational stories with the world. Additionally, we also help our users in monetizing their blogs using ads. This agreement is between MotivationPedia and its users. The terms “You” and “You’re” has been used to represent our client, a user of our Platform who avails our services.

 

  1. By using the Platform, you agree to comply with the content guidelines and Direct selling agreement and be legally bound by the terms and conditions contained in this Agreement (“Terms” or “Agreement”). These Terms govern your access to and use of the Platform and Services and all Collective Content and constitute a binding legal agreement between you and us. Please read these terms and conditions carefully. Please note that this Agreement contains the reference to our Service Agreement, Privacy Policy, and Cookie Use Policy. You can read our Privacy Policy and the Cookie Use Policy at ________link to the privacy and cookie use policy___. If you do not agree to these Terms, you must not obtain any information from or continue using the Platform. We reserve the right to recover the cost of Services, collection charges and attorney’s fees from a User using the Platform fraudulently. This website reserves the right to initiate legal proceedings against such users for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.

 

  1. The use of this Platform constitutes your acceptance to this agreement and your consent and agreement to abide by the latest version of these Terms. We may at any time revise these Terms. You agree to be bound by all subsequent revisions and agree to review the Terms at regular intervals for changes made to these Terms. The most up to date version of the Terms will always be available for your review under the Terms of Service link that appears at the bottom of the Platform. Please read this Agreement completely before using the Platform.

 

  1. Service Description:

MotivationPedia is a blogging website which enables its users to share their motivational stories and blogs with the world. Additionally, we also help our users in monetizing their blogs using ads but in any way we are not responsible for earning from ads. This platform is a marketplace for both the people who are suffering from depression and are looking for motivation and inspiration in life and the people who are ready to motivate either with their blogs or one-to-one consultations. This Platform is a marketplace for both the people needing help as well as for those willing to help others. MotivationPedia acts as a link between the readers and writers, and clients and the therapists. We do not endorse the views expresses by the bloggers..

 

  1. Changes To MotivationPedia:

We may discontinue or change any MotivationPedia Content, Services, functions or features at any time with or without notice. We may, however, send a communication to you in accordance with our privacy policy concerning any change made to MotivationPedia.

 

  1. Registration/Creation of Account:

Registration on the Platform is a mandatory requirement if you wish to write and monetize your blog, or act as a therapist. The registration is not required for readers though. In case you opt to register, you promise that all registration information you provide will be accurate, complete and current. You must inform us as soon as you can if your information requires updating. Please read our Privacy Policy which applies to any registration information we collect.If you register as a user with the Platform you will be asked to choose a password. You must comply with the content rules set out in these Terms including but not limited to the following:

  1. You must not use your account in connection with the impersonation of any person.
  2. You must keep your password confidential at all point in time.
  • You must notify us immediately if you become aware of any disclosure of your password.
  1. You are responsible for any activity on the Platform arising out of any failure to keep your password confidential and may be held liable for any damages or losses arising out of such a failure.
  2. ‘New joiner’ is someone who has purchased our plan in the past 48 hours.

 

  1. Conduct:

 

  1. We allow you to post and upload contents (images, videos, texts, links, images, audios, tables, graphs etc) on the Platform. You may also provide your contents through email or other modes of communication. By using the Platform, you agree to not to post, host or transmit a content that is illegal, prohibited or otherwise against the moral standing or principles; infringes upon any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); defamatory, libelous, unlawfully threatening or unlawfully harassing; obscene or contain child pornography. These provisions are applicable to your ads as well. As a therapist, we expect you to be nice while discussing the issues with your client.

 

  1. You shall compensate and indemnify, defend and hold harmless the MotivationPedia, its directors, owners, employees, partner, associates, and agents from and against any and all losses, liabilities, damages, deficiencies, demands, claims, actions, judgments or causes of action, assessments, interest, penalties and other costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) based upon, arising out of, or in relation to or otherwise in respect of any objectionable content (including but not limited to pictures or videos), of any nature whatsoever, provided by you.

 

  • You agree and accept that all the blogs and other content posted on MotivationPedia by you or otherwise made available for viewing on public areas of MotivationPedia will be treated as non-confidential and non-proprietary to you. You understand and agree that any such contents may be used by MotivationPedia or our affiliates or partners, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the MotivationPedia the irrevocable right to amend, alter, change or modify the same without your approval for any purpose whatsoever.

 

  1. As a therapist, you agree that you shall not disclose any information you receive from your clients in any form or format, on any platform or medium.

 

  1. You agree that you will not delete or revise any material posted by any other user or use any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Platform or send messages or engage in disruptive or damaging activities online, or gain or attempt to gain unauthorized access to non-public areas of the Platform.

 

  1. You are entirely responsible and liable for any content you post through your Account. While the Platform may or may not pre-screen, monitor or approve any content, it shall have the right, but not the obligation to remove, move, refuse, edit or delete any content for any reason whatsoever.

 

  • As a condition to use MotivationPedia, you warrant that you will not use it for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited under these Terms including both specific and implied. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Platform. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through MotivationPedia or Use our Platform or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You further agree that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform or Services without our express written consent. Neither shall you access or otherwise interact with our Platform or Services using any robot, spider or other automated means nor use data collected from our Platform or Services. These provisions are applicable to your ads.

 

  1. Right To Regulate:

You acknowledge and agree that MotivationPedia has the right to regulate and control the activities on the Platform. We shall have the right to monitor the Services being availed by you. MotivationPedia may set a code of conduct or set of standards which shall be applicable to all the Users.

 

  1. Fee, refund, and referral:

A fee or Rs. 2499/- is payable to MotivationPedia for availing its referral and blogging services. You can ask for the refund within 30 days of joining. But, if your wallet has been credited with 200 Rs cash back then you will not get any refund. Once the full payment is done, the User shall be able to post blogs on the Platform. Until then the User’s profile shall not be fully accessible. Upon full payment, the User shall be able to use ad codes to place ads on the blogs he/she publishes. The user shall be able to make money through such ads. Furthermore, the user can contact us through our contact us form. We reserve the right to collect taxes from the users using the Platform or Services. A user helping other users join the platform shall avail the benefits of discounts and reversals. Such discounts or reversals shall be credited in your MotivationPedia wallet which can be withdrawn once it reaches the mark of Rs. 1500. We reserve the right to change the discount and referral rates at our sole discretion. If you have query you can mail us at [email protected] or you can contact through contact us form and you will get a response from us within 30 days.

10. External Links

 

The Platform may contain the links to the third party websites. You are advised to read and understand their privacy policy and terms or use before using or availing any of their services. Please note that we do not have any control over such third party websites and they are not governed by this privacy policy.

11. Privacy:

By using the platform, you agree to our Privacy Policy.Please read our detailed Privacy Policy  before accessing and using the Platform.

12. Cookies:

 

By using the Platform, you agree to our cookie use policy. Please read our Cookie Use Policy before accessing and using the Platform.

13. License to host and publish your content:

In these Terms, “your content” means all works and materials (including but not limited to text, images, documents, comments, graphics, URLs, audio material, video material, audio-visual material and files) that you submit to us on the Platform for publication. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:

  1. Reproduce, store and publish your content on our platform any successor platforms or services;

 

  1. Publish your content on and in relation to our Platform and Services.
  • You may edit your content to the extent permitted using the editing functionality made available by us.

14. No Infringement of Intellectual Property Rights/Copyrights:

You warrant and represent that your content will not infringe any intellectual property right, copyright, moral rights, trade mark rights, patents, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Platform or Services. Motivationpedia will not be responsible for any infringement of intellectual property done by any any user.

15. Reporting IPR Infringement:

We reserve the right to remove any IPR infringing content that may be brought to our notice. If you believe there is an infringing material on the Platform, please contact us via the contact form on the Platform with the following information:

  1. The name and address of that complainant.
  2. A description of the infringing materials, its print screen, and the URL.
  • Sufficient information to identify the copyrighted works.
  1. A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
  2. A statement of the accuracy of the notice and, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
  3. Limited Use of the Platform:

 

Copying or reproducing the Platform, the contents, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree to not to reproduce, duplicate or copy Content from the Platform, and agree to abide by any and all copyright notices and other notices displayed on the Platform. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Platform. Without limiting the foregoing, you agree to not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

16. We may use your content:

You agree that we may use your posted/uploaded content, including but not limited to text, video, audio, images, code and documents, reviews and other comments in any way, including in future modifications of the Platform or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to MotivationPedia. A user must has  to complete 30 blogs to be eligible to paste ad code/ ad codes in his/her own profile..

17. Warranties And Disclaimers

  1. This Platform is provided to you on “As Is” and “As Available” basis. We make no express warranties or guarantees about this Platform. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the platform is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this platform or its content will meet your requirements, is error-free, reliable, or will operate without interruption. You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of blogs or your contents or the due to the use of this platform.
  2. We do not accept responsibility for any loss or damages, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Platform, the services offered by the therapists, or any linked websites or platform or any transaction that occurs as a result of the use of the Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
  • To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the Platform of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum limit permitted by law.
  1. You are requested to take your own precautions to ensure that the process which you employ for accessing this Platform does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this Platform or any linked websites or platforms.
  2. We do not warrant the accuracy, adequacy or completeness of any information posted by the users. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Platform.
  3. Responsibility for the content of advertisements appearing on this Platform (including hyperlinks) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the products and each advertiser is solely responsible for any representations made in connection with its advertisement.
  • We are not responsible for any loss whatsoever that a user may suffer including but not limited to economic loss in the event a transaction is not processed due to any case whatsoever, including but not limited to, technical difficulties affecting our system or a scheduled maintenance of MotivationPedia.
  • We are not responsible for any loss whatsoever a user may suffer including, but not limited to, economic loss, for reliance on guidelines or comments from our help center or MotivationPedia staff.
  1. By using the Platform, you agree that we shall have no obligation to or liability for the deletion, corruption or failure to store any content uploaded or transmitted on or through the Platform. You further understand and agree that our functionalities and the services may change at any time without any prior notice to you.
  2. Limitations of Liability:

 

  1. In no event shall MotivationPedia, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of your use of the Platform and the Services, including without limitation whether the damages arise from use or misuse of the Platform and Services, from inability to use the Platform and Services, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that we shall not be liable for your contents for being defamatory, illegal offensive, or an illegal conduct of any other User or third party and that the risk of harm or damage from the foregoing rests entirely with you.
  2. We shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond our control.
  • These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of the agreement, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.The maximum liability on part of MotivationPedia arising under any circumstances, in respect of any Services availed, shall be limited up to a fee charged from you.

18. Your Representations And Warranties:

You represent and warrant to us that:

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
  1. All information you supply to us in connection with your use of our Services is true and complete in all material respects and will be kept up to date if it changes.
  2. A therapist user represents that it is carrying out its services legally and it has the qualification and the skills needed to act as a therapist.
  3. Indemnification:

 

You agree to indemnify and hold harmless MotivationPedia and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of therapists services, your use of the Platform, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by us in the defense of any claims.

19. Sale or Transfer of the Platform

You acknowledge that MotivationPedia as the provider of the Platform and Services may elect to transfer, sale the Platform and/or subcontract the management rights or any part or all of the provision of the Platform or Services to a third party, without notice being sent to you. We are not obliged to notify you of cancellation. If we do notify you we are not obliged to state any reason for your cancellation.

20. Suspension of accounts:

Either you or we may terminate this Agreement with or without cause at any time to be effective immediately. Without prejudice to the other remedies available to MotivationPedia under this Agreement, or under applicable law, we may limit your activity, either temporarily or indefinitely, suspend or terminate your registration, and/or refuse to provide the you with access to the Platform if:

  1. You are in breach of this Agreement and/or the documents it incorporates by reference;
  2. We are unable to verify or authenticate any information provided by you;
  • We believe that your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for other Users and/or MotivationPedia.
  1. Nonetheless, if a User breaches the Terms or the documents the Agreement incorporates by reference, MotivationPedia shall have the right to recover all dues from such hirer.
  2. The User agrees that we may under certain circumstances and without prior notice, immediately terminate your registration and access to the Platform. Causes for termination may include, but shall not be limited to, breach of the Terms, requests by enforcement or government agencies, non-payment of fees to MotivationPedia.
  3. If you are not following content guidelines.
  4. International Use:

We make no representation that content on this Platform is appropriate or available for use in locations outside India. If you choose to access this Platform from a location outside India, you do so on your own initiative and you are responsible for compliance with local laws

21. Right to enquire:

MotivationPedia has the right, but not the obligation, to inquire into complaints of any violations of these terms or other policy by a User. You acknowledge and agree MotivationPedia may arbitrate and act at its sole discretion to investigate and settle violations of its policies. Violations may result in termination of your account and/or immediate adjustment to the transactions involved.

22. Entire Agreement:

This Agreement incorporates by reference our Service Agreement, Privacy Policy and the Cookie Use Policy which collectively with this Agreement constitute the entire understanding between the Parties and supersede all prior representations, agreements, statement, and understandings, either verbal or in writing.

23. Relationship of Parties:

Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.

24. Waiver:

If we fail to exercise or enforce any right or provision of these Terms it shall not constitute to a waiver of such right or provision. We reserve the right to exercise our right at any time, as the case may be.

25. Compliance with Laws:

In using our services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose. If you are a therapist, you represent that you comply with the applicable rules and regulations.

26. Law Enforcement:

You authorize us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

27. Deleting your account:

When you delete your account, we may still contain some information provided by you which you can use to reinstate your account back to its original position.

28.Notices:

All notices and communications (including those related to changes in the Terms, Privacy Policy, Cookie Use Policy, termination of service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier Service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission)  [email protected] Interpretation:

The headings and subheadings do not describe, interpret, define or limit the scope, extent or intent of these terms and conditions in any manner whatsoever. The pronouns used in this user agreement shall represent both the female and male. Further, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this document as a whole.

29. Severability:

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

30. Governing Law:

Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Ajmer, Rajasthan, India, and the users hereby accede to and accept the jurisdiction of such courts.