Effective on: July 29, 2013
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Moments Management of any unauthorized use, or suspected unauthorized use, of your password or account or any other breach of security. Moments Management will not be liable for any loss or damage arising from your failure to comply with this Section.
2.3 Fees. We currently do not charge you for our Services. You acknowledge that Moments Management reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site and applicable Service.
2.4. No Support and Maintenance. Moments Management is not obligated to provide you with any support or maintenance in connection with the Services.
2.5. Storage; Modifications. Moments Management may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data will be retained by the Services and the maximum storage space that will be allotted on Moments Management’s servers on your behalf. You agree that Moments Management has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Services. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that Moments Management shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Services.
3.1. User Content. You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, link, e-mail, submit, publish, display or make available (“upload”) or otherwise use via the Services (collectively, “your User Content”, and for each user, as applicable, “User Content”). Similarly, other users, and not Moments Management, are responsible for their User Content.
We do not claim ownership in your own User Content. However, you hereby grant us the right to use, store and share your User Content. You understand and agree that your User Content is made public, and may be accessed and viewed by other registered and unregistered users of the Services.
3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Moments Management an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3. Advertising. You agree that we may display advertisements adjacent to your User Content, and you agree that you are not entitled to any compensation.
3.4 Feedback. You have no obligation to provide us with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Moments Management, you hereby assign to Moments Management all rights in the Feedback and agree that Moments Management shall have the right to use such Feedback and related information in any manner it deems appropriate without compensation to you. You agree that you will not submit to Moments Management any information or ideas that you consider to be confidential or proprietary. Moments Management will treat any Feedback you provide to Moments Management as non-confidential and non-proprietary.
3.5 Other Users; Release. Each Services user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, that we make no guarantees regarding the accuracy, quality, suitability, or legality of any User Content, and that we assume no responsibility for any User Content. Your interactions with other Services users are solely between you and such user and you release and forever discharge us from any such claims relating to other users. You agree that Moments Management will not be responsible for any loss or damage incurred as the result of any such interactions. We are not obligated to become involved in any dispute between you and any Services user.
The Services are controlled, operated, and administered by Moments Management from its offices in the United States of America. Moments Management makes no representation that the Services are appropriate or available for use outside of the United States. Moments Management reserves the right to block access to the Services by certain international users. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your access and use of the Services, including as those concern online conduct and acceptable content.
The Services might contain links to third party websites, services, social networking services, and advertisements for third parties (collectively, “Third Party Websites”). Such Third Party Websites are not under the control of Moments Management. Moments Management is not responsible for any Third Party Website. Moments Management provides these links only as a convenience and does not review, approve, endorse or make any representations with respect to Third Party Websites. If you decide to access any of the third party websites linked to the Services, you do this entirely at your own risk and you release and forever discharge us from any claims relating directly or indirectly to Third Party Websites. Third party websites are subject to their own terms and policies, including privacy practices.
It may be possible to log into the Services using your valid account at a social networking service. By directly integrating your social networking service account into our Services, we make your online experiences richer, and more personalized. You understand that by granting us access to your social networking service account as part of the functionality of the Services, Moments Management will have access to your content, including personally identifiable information, at such social networking service account, and Moments Management may access, make available, use and store such content so it is available via your Services account. You may disable the connection by accessing Facebook’s third party application settings or emailing us at firstname.lastname@example.org. However, as noted above, your relationship with the social networking service provider, the manner in which the social networking services use, disclose and store your information is governed solely by the policies of the social networking services, and we will have no liability or responsibility for the privacy practices or other actions of any social networking service that may be enabled within the Services.
9.1. DISCALIMERS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE (I) CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF THIRD PARTY WEBSITES AND (II) YOUR COMMUNICATIONS WITH OTHER USERS OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.3. WAIVER AND RELEASE. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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."
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Moments Management respects the intellectual property rights of others and expects users of its Services to do the same. Moments Management will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing materials, terminating the accounts of repeat infringers of intellectual property rights, including copyrights, and/or making good-faith attempts to contact the user who posted the material(s) at issue so that such user may, where appropriate, make a counter-notification. If you believe that your work has been used or copied in a way that constitutes copyright infringement through the use of our Services, please provide, in accordance with the DMCA, written notification of claimed copyright infringement to Moments Management’s Copyright Agent (contact information below), which must contain all of the following elements:
Before you file such a notification, please note that, pursuant to Section 512(f) of the DMCA, any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees.
Moments Management’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Moments Management Copyright Agent
164 Townsend Street, Suite 3, San Francisco, CA 94107
Telephone: +1 (415) 890-3752
Any software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
Moments Management Corp.
164 Townsend St., Suite 3
San Francisco, CA 94107
Phone: +1 (415) 890-3752