Terms of Service
1. Your Acceptance
1.1 This is an agreement between d3i Limited (“d3i") registered at Newport House, Newport Road, Stafford, Staffordshire ST16 1DA the owner and operator of Momento (“Momento”, the “Momento Service", "Service" or the “Application”) and you, a user of the Service.
1.2 In order to use the Service, you must first agree to these Terms of Service (“Terms”) and Momento's Privacy Policy which are incorporated herein by reference. Your agreement will be confirmed by accepting these terms when prompted upon first launch of the Application. If you do not accept these terms then please quit and delete the Application.
1.3 You affirm that you are over 13 years of age. If you are under 13 years of age, you are not permitted to use the Momento Service.
2. Momento Service
2.1 These apply to all users of the Momento Service.
2.2 Subject to your compliance with these Terms, Momento hereby grants you permission to use the Service, provided that:
(i) your use of the Service as permitted is solely for your personal, non-commercial use;
(ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Momento's prior written consent;
(iii) you will not attempt to alter or modify any part of the Service; and
(iv) you will comply with all applicable laws and regulations.
2.3 You acknowledge that from time to time the Momento Service may be unavailable whilst we conduct maintenance and updates of the Application and the Service. We will endeavour to minimise such disruption. We do not guarantee that the Momento Service will be available 24 hours a day, 7 days a week.
2.4 The Service may host information containing links to third party websites that are not owned or controlled by Momento. Momento has no control over and no responsibility for any third party websites. By using the Service, you expressly acknowledge and agree that Momento shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. Fees
Momento reserves the right to charge fees for future updates and improvements to the Service. We will notify you of any charges and seek your agreement to them before they are applied.
4. Intellectual Property Rights
You acknowledge and agree that Momento own or are licensors of all the legal rights and interests in and to the Application, except all User Content (as defined below), subject to copyright and other intellectual property rights under English and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution of any of the Application other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Service for any commercial purposes.
5. User Content
5.1 The Service permits the creation of information, including but not limited to text, images, videos, location and other data submitted by you and other users ("User Content").
5.2 You shall be solely responsible for your own User Content and the consequences of posting or publishing the content.
5.3 You retain all of your ownership rights in your User Content.
5.4 By submitting the User Content, you consent to Momento to sharing non-personally identifying information, as covered in the Privacy Policy, with third-parties to assist in understanding usage patterns and for Service functionality.
5.5 In connection with User Content, you further agree that you will not:
(i) submit material that is copyrighted or subject to third party rights, including privacy rights;
(ii) publish falsehoods or misrepresentations that could damage Momento or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive;
(iv) impersonate another person;
(v) send or store material containing software viruses or other malware;
(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
(vii) attempt to gain unauthorised access to the Service or its related systems or networks.
5.6 Momento reserves the right to discontinue any aspect of the Service at any time, for example, due to a security breach or your breach of these Terms.
6. Warranty Disclaimer
Use of the Momento service shall be at your own risk. to the fullest extent permitted by law, Momento, its officers, directors, employees, and agents make no express warranties and disclaim all implied warranties, in connection with the service and your use thereof. Momento makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption of transmission to or from our service, (iv) any viruses or malware which may be transmitted to or through our service through the actions of any third party, or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the service. Momento does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service.
7. Limitation of Liability
In no event shall Momento, its officers, directors, employees, and agents, be liable to you for any direct, indirect, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, or any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (ii) any interruption of transmission to or from our servers, (iii) any viruses or malware which may be transmitted to or through our service by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available.
8. Indemnity
You agree to indemnify Momento, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party.
9. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Momento without restriction.
10. General
10.1 Momento reserves the right to amend or modify these Terms at any time. Any major changes of significant impact to our users will be communicated on the Momento site and in-app. By continuing to use Momento after those changes become effective, you are agreeing to be bound by the revised terms.
10.2 These Terms are governed and construed in accordance with English Law and each party hereby submits to the non-exclusive jurisdiction of the English Courts.
These Terms of Service were last updated on 16th May 2018.
