Terms and Conditions
Terms and Conditions for moomentz mobile App and website:
Effective Date: July-4th-2023
These Terms and Conditions ("Terms") govern your use of the moomentz mobile application ("moomentz App") and the moomentz website ("moomentz.com"). By accessing or using the moomentz App and website, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the moomentz App and website.
Use of the moomentz App and Website:
1.1 Eligibility: You must be at least 16 years old to use the moomentz App. By using the moomentz App, you represent and warrant that you are at least 16 years old.
1.2 User Accounts: In order to access certain features and services of the moomentz App and website, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and up-to-date information when creating your account and to notify us immediately of any unauthorized use of your account.
1.3 Prohibited Activities: You agree not to engage in any activity that may:
a) Violate any applicable laws or regulations;
b) Infringe upon the rights of others;
c) Interfere with or disrupt the moomentz App and website or the servers and networks connected to it;
d) Attempt to gain unauthorized access to the moomentz App and website or other user accounts;
e) Collect or store personal information of other users without their consent;
f) Use the moomentz App and website for any unauthorized commercial purposes;
g) Engage in any fraudulent, deceptive, or misleading activities;
h) Post or share any pornographic material, social hatred material, abusive content or language;
i) Use the moomentz App and website with the intent of harming others or performing any illegal acts or activities.
Intellectual Property:
2.1 Ownership: All intellectual property rights in the moomentz App and website, including but not limited to copyrights, trademarks, and trade secrets, are owned by moomentz or its licensors. You acknowledge and agree that you do not acquire any ownership or rights in the moomentz App and website, except for the limited license granted to you to use the moomentz App and website in accordance with these Terms.
2.2 Restrictions: You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the moomentz App and website without prior written permission from moomentz.
Privacy: Your use of the moomentz App and website is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the moomentz App and website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
Prohibited Content:
4.1 Pornographic Material: You are prohibited from posting or sharing any pornographic material on the moomentz App and website.
4.2 Social Hatred Material: You are prohibited from posting or sharing any content that promotes social hatred, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic.
4.3 Abusive Content or Language: You are prohibited from posting or sharing any content that is abusive, harassing, threatening, or offensive to others.
Limitation of Liability: To the maximum extent permitted by applicable law, moomentz and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the moomentz App and website.
Indemnification: You agree to indemnify and hold harmless moomentz and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the moomentz App and website or your violation of these Terms.
Modification of Terms: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on the moomentz website. Your continued use of the moomentz App and website after the posting of the updated Terms constitutes your acceptance of the modified Terms.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Moomentz, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Moomentz App and website does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions moomentz App, website, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, moomentz App, website shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Moomentz App and website reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website or App, and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Moomentz App and website a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Moomentz App and website; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail at info@moomentz.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of moomentz App and website logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
