Last Updated May 2018
ACCEPTANCE OF TERMS AND UPDATES
The Site is controlled and operated in whole or in part by Thismoment from its offices within the United States, and is not intended to subject Thismoment to the laws or jurisdiction of any country or territory other than that of the United States. Thismoment makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that Thismoment reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
DESCRIPTION OF CONTENT AND SERVICES
We provide users of the Site with access to certain content and services related to marketing and advertising, which may include information, communications, scripting, photos, text, video, graphics, music, sounds, images and other materials (collectively "Content") and services related to that Content ("Services").
You may be required to register with Thismoment in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name (including, without limitation, all Transactions). You agree to immediately notify Thismoment of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. Thismoment is not liable for your losses caused by any unauthorized use of your account. You may be liable to Thismoment for losses it incurs as a result of unauthorized use of your account.
THISMOMENT'S PROPRIETARY CONTENT AND RESTRICTIONS ON YOUR USE OF CONTENT
THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. The information and materials made available through the Site, including the Services, are and shall remain the property of Thismoment and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Thismoment's trade names, trademarks or service marks without our express prior written consent. All trademarks and service marks on the Site not owned by Thismoment are the property of their respective owners. The trade names, trademarks and service marks owned by Thismoment, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Thismoment reserves all rights not expressly granted in and to the Site and the Content.
In addition to Thismoment Content, the Site contains content provided by third parties, specifically, User Content, as defined below. You may access User Content solely (1) for your information and personal use; (2) as intended through the normal functionality of the services offered on the Site; and/or (3) for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
ACCURACY OF CONTENT
We attempt to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, when using the Site, you will be exposed to User Content from a variety of sources, and Thismoment is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thismoment with respect thereto. User Content is made available "as is."
USER SUBMISSIONS AND RULES OF CONDUCT
While using the Site you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to this Agreement. You agree that you will not:
- Post, transmit, or otherwise make available, through or in connection with the Site:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a Thismoment without the proper authorization to do so.
- Use the Site for any fraudulent or unlawful purpose.
- Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
- Impersonate any person or entity, including without limitation any representative of Thismoment; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
- Use the Site to advertise or offer to sell or buy any goods or services without Thismoment’s express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without Thismoment’s express prior written consent.
- Create a database by systematically downloading and storing Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without Thismoment’s express prior written consent. Notwithstanding the foregoing, Thismoment grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Thismoment reserves the right to revoke these exceptions either generally or in specific cases.
As an account holder of this Site, you may upload, display, publish or otherwise submit (hereinafter "post") audio-visual works, photographs, music, software and other materials and information (collectively, referred to as "User Content") to the Site. User Content does not include Submissions, as such term is defined below. Thismoment does not guarantee security or confidentiality of any User Content, regardless of whether you elect to make it available to other users or not.
USER CONTENT OWNERSHIP & LICENSE
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Thismoment are non-confidential and shall become the sole property of Thismoment. Thismoment shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Thismoment does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Thismoment expressly disclaims any and all liability in connection with User Content. Thismoment does not permit copyright infringing activities or infringement of intellectual property rights on its Site, and Thismoment will remove any Content if properly notified that such Content or User Content infringes on another's intellectual property rights. Thismoment reserves the right to pre-screen, refuse, move or remove Content and User Content without prior notice. Thismoment assumes no responsibility for monitoring the Site for inappropriate or illegal Content or activity, but reserves the right to do so. In any event, Thismoment does not assume any responsibility for removing offensive or illegal Content.
The Site may provide links to other web sites and online resources. Because Thismoment has no control over such sites and resources, you acknowledge and agree that Thismoment is not responsible for the availability of such external sites or resources, and Thismoment does not endorse nor is responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Thismoment does not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Thismoment shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
The Site may include certain services that are available via your mobile phone, including (i) the ability to upload content to Thismoment via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to messages, to write posts using text messaging (Mobile Texts), (iii) the ability to browse the Site from your mobile phone (Mobile Web), and (iv) the ability to access certain Thismoment features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, uploading, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Thismoment and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Thismoment account information to ensure that your messages are not sent to the person that acquires your old number.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy (below), we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy or more information on how to report infringement of your copyright.
If you believe that any Content on Site has been posted in violation of your copyrights, you may submit a written communication to our Designated Agent pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) ("Notice"). The Notice must contain substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example. If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Site where the material described in Item 1 is located. You must provide us with reasonably sufficient information to locate the alleged infringing material.
- Include the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include 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.
- Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Include your name, mailing address, telephone number and email address.
You may submit your Notice to our Designated Agent by Email as set forth below:
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our Site is infringing. Filing a false Notice constitutes perjury.
Upon receiving a proper Notice as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material. For information on copyrights, please visit www.copyright.gov.
If you believe your own User Content has been removed from our Site as a result of mistake or misidentification under the DMCA Notice procedures above, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3) ("Counter Notice"). To be an effective Counter Notice under the DMCA, your Counter Notice must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notice or the party's agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your Counter Notice to our Designated Agent by Email as set forth below:
If you send us a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notice, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false form on this page constitutes perjury and will be punished to the full extent of the applicable laws.
PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES
If you choose to participate in a promotion or other Thismoment-sponsored activity ("Site Activity"), you agree to comply with any rules or regulations governing such Site Activity. Additionally, as a condition of your continued participation in the Site Activity, you agree to abide by the Code of Conduct. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Site Activity, and may result in additional legal actions being taken by Thismoment or its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees.
THISMOMENT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THISMOMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THISMOMENT WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
THISMOMENT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF THISMOMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, THISMOMENT'S TOTAL LIABILITY TO YOU COLLECTIVELY WITH THAT OF ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, WILL NOT EXCEED $100.
If you have any questions regarding this Agreement, please direct such questions to email@example.com.