Terms of Service
Last Updated: September 12, 2023
PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR USE OF THE PLATFORM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE SECTION 18 BELOW.
IF YOU ARE A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT THE INDIVIDUAL WHO ACCEPTS THESE TERMS ON YOUR BEHALF HAS THE RIGHT, POWER, AND AUTHORITY TO ACT ON YOUR BEHALF AND TO BIND YOU TO THESE TERMS.
- General. The Platform is owned and operated by Momenti. We reserve the right to revise these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We will notify You of any changes to these Terms by posting them to this page. Your continued use of the Platform after a change has been posted constitutes Your acceptance of the change. If You disagree with any of these Terms, Your sole remedy is to discontinue Your use of the Platform.
- Your Personal Account. To use the Platform, You must first set up an account with Momenti by completing the registration process (“Your Account”). To set up Your Account, You must establish a login ID and password, and provide us with the other information requested during the registration process. When You create Your Account, You must provide accurate and up-to-date information, and it is important that You maintain and promptly update your contact details and any other information You provide to us to keep such information current and complete. You agree to keep Your login ID and password confidential and to not share such information with others. You are solely responsible for any authorized or unauthorized access to or use of Your Account by any person or entity, and for all fees and charges incurred for the Platform through Your Account. You agree to notify us promptly at [email protected] regarding any unauthorized access to or use of Your Account. We reserve the right to disable Your Account at any time, including if You have failed to comply with any of these Terms, or if activities occur through Your Account that, in our sole discretion, would or might cause damage to or impair the Platform or infringe or violate any third-party rights, or violate any applicable laws or regulations. If You no longer want to use our Platform, and would like Your Account to be deleted, You may contact us at [email protected]. We will provide You with further assistance and guide You through the process. Once You choose to delete Your Account, You will not be able to reactivate Your Account or retrieve any of the content or information You have added.
- Your Business Account. Contracted business partners of Momenti may be provided access to a business account (“Business Account”). In order to use the Platform, business Users must create an account by providing the primary User’s business email address. The primary User may permit additional Users to access the primary User’s Business Account as authorized Users. All Users who access a Business Account must establish a login ID and password, must keep that information confidential, and must agree to be bound by and comply with these Terms. The primary User is responsible for use of the Business Account by any authorized (or unauthorized) Users accessing the Business Account. You agree to notify us promptly at [email protected] regarding any unauthorized access to or use of Your Business Account. We reserve the right to disable Your Business Account at any time, including if You have failed to comply with any of these Terms, or if activities occur through Your Business Account that, in our sole discretion, would or might cause damage to or impair the Platform or infringe or violate any third-party rights, or violate any applicable laws or regulations.
- Minimum Age. You must be at least 13 years old to use the Platform; however, children of all ages may use the Platform if enabled by a parent or legal guardian. If You are under 18, You represent that You have Your parent or guardian’s permission to use the Platform. Please have them read this Agreement with You. If You are a parent or legal guardian of a user under the age of 18, by allowing Your child to use the Platform, You are subject to the terms of this Agreement and responsible for Your child’s activity on the Platform.
- Limited License. Subject to the terms and conditions of these Terms, Momenti hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform only as permitted by these Terms and all applicable laws and regulations, on computers or devices owned or controlled by You, and only in accordance with any materials we make available to You regarding the Platform. You acknowledge and agree that upon any termination of Your Account or these Terms, this license will automatically terminate. Also, we reserve the right to remove or disable Your access to the Platform or any content thereon at our sole discretion for any reason or no reason, at any time and without prior notice to You.
- Ownership. You acknowledge that, as between Momenti and You, all content, software, copyrights, patents, trade secrets, trademarks, service marks, domain names, and other intellectual property rights in and to the Platform (the “Momenti Material”) are either owned by or licensed to Momenti. Momenti retains all of its rights, title and interest in and to the Platform and Momenti Material not specifically granted to You hereunder. Use of the Momenti Material or other materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited. Such material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE PLATFORM.
- License Restrictions. Except as expressly set forth in these Terms, You shall not, directly or indirectly, in whole or in part: (i) copy the Platform, in whole or in part; (ii) cause or permit any reverse engineering, decompilation, modification, translation or disassembly of the Platform or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or any derivative works thereof; (iii) sell, rent, sublicense, distribute, disclose, publish, assign or otherwise transfer any rights in the Platform; (iv) create any derivative works based upon the Platform, in whole or in part; (v) permit any third party to benefit from the use or functionality of the Platform via a timesharing, service bureau or similar arrangement; (vi) use the Platform in any unlawful manner or for any unlawful purpose; (vii) remove or destroy any copyright notices or other proprietary markings on the Platform; or (viii) do anything which adversely affects any of Momenti’s rights, title or interest in or to the Platform.
- Other Restrictions. Notwithstanding anything to the contrary in these Terms, You shall not do any of the following:
- access or use the Platform if You are not fully able and legally competent to agree to these Terms or are authorized to use the Platform by Your parent or legal guardian;
- use the Platform for any unauthorized purpose, without our express written consent;
- incorporate the Platform or any portion thereof into any other program or product, without our express written consent;
- interfere with or attempt to interfere with the proper working of the Platform, disrupt our websites, applications or any networks connected to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform;
- use automated scripts to collect information from or otherwise interact with the Platform;
- impersonate any person or entity, or falsely state or otherwise misrepresent You or Your affiliation with any person or entity, or create a false identity on the Platform;
- intimidate or harass any person or entity, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another user’s account, service or system, without our express written consent;
- use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform;
- use the Platform to upload, transmit, distribute, store or otherwise make available in any way any files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- use the Platform to transmit any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
- use the Platform to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Platform or User Content, other than those allowed in our Advertising Policy (https://momenti.tv/legal-advertising), or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains User Content from the Platform or where User Content from the Platform is the primary basis for such sales (e.g., selling ads on a webpage where User Content from the Platform is the main draw for users visiting the webpage);
- use the Platform to post any private information of any third party or person, including addresses, phone numbers, email addresses, or credit card numbers;
- use the Platform to post any material which does or may infringe any copyright, trademark or other intellectual property rights, rights of publicity, or privacy rights of any third party or person;
- use the Platform to view or listen to User Content other than for personal, non-commercial use (e.g., You may not publicly stream, broadcast, transmit or otherwise perform videos or music from the Platform);
- run contests or sweepstakes on or through the Platform, without our express written consent;
- cause or encourage any inaccurate measurements of genuine user engagement with the Platform, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a user’s followers or subscribers, or otherwise manipulate metrics in any manner;
- use the Platform to post or transmit any material which is defamatory of any person, obscene, offensive, sexually explicit, pornographic, hateful or inflammatory;
- use the Platform to post any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- use the Platform to post any material that is intended to provoke or antagonize people, such as trolling or bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- use the Platform to post any material that contains a threat of any kind, including threats of physical violence against anyone, whether it is based on race, ethnicity, religion, disability, gender or sexual/gender identity or otherwise;
- use the Platform to post any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- use the Platform to transmit any answers, responses, comments, opinions, analysis or recommendations that You are not properly licensed or otherwise qualified to provide; or
- use the Platform to otherwise transmit any material that, in the sole judgment of Momenti, is objectionable or which restricts or inhibits any other person from using the Platform, or which may expose Momenti, the Platform, any of its users, or others to any harm or liability of any type.
If You see any User Content on the Platform which You believe does not comply with these Terms, including by violating any of the foregoing restrictions, our Community Guidelines, or the law, you can report it to us at [email protected].
- No Guarantee. You acknowledge that Momenti does not endorse, represent or guarantee the truthfulness, accuracy, completeness, or reliability of any results, data or other content generated by or through the Platform. Your use of or reliance on any such results, data and/or other content is at Your own risk.
- User-Provided Content.
- User Content. Users of the Platform may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Platform, including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from Your personal music library and ambient noise (“User Content”). Users of the Platform may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Platform may also overlay or apply music, graphics, stickers, and other audio and/or visual elements or features provided by Momenti (“Momenti Elements”) onto this User Content and transmit this User Content through the Platform. The information and materials in the User Content, including User Content that includes Momenti Elements, have not been verified or approved by us. The views expressed by other users on the Platform (including through use of the Momenti Elements) do not represent our views or values.
- Compliance with Terms. Whenever You access or use a feature that allows You to upload or transmit User Content through the Platform (including via certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Platform, You must comply with the restrictions set out under Section 6 above and our Community Guidelines. You may also choose to upload or transmit Your User Content, including User Content that includes Momenti Elements, on websites or platforms hosted by third parties. If You decide to do this, You must comply with such third parties’ content guidelines as well as with the restrictions set out under Section 6 above and our Community Guidelines. As noted above, these features may not be available to all users of the Platform, and we have no liability to You for limiting your right to certain features of the Platform.
- License to User Content. As between Momenti and You, User Content that You provide to or through the Platform (“Your User Content”) shall remain Your exclusive property. You understand and agree that You are solely responsible for all of Your User Content. You grant Momenti a non-exclusive, irrevocable, perpetual, non-terminable, transferable, sublicensable, royalty-free and without charge, worldwide license to use, monetize, copy, distribute, publish, perform, transmit, display, modify, adapt, and prepare derivative works of Your User Content, and to authorize other users of the Platform and other third parties to do so, in any format and on any platform, whether now known or hereafter developed. You authorize Momenti to store (and have stored) copies of any or all of Your User Content as we deem necessary in order to facilitate the operation of the Platform. You represent and warrant that You have all rights, consents, and permissions necessary to grant the foregoing license, without requiring the payment of any fees or charges. You acknowledge and agree that your use of the Platform allows You to modify Your User Content which is stored by Momenti on our servers, that Momenti may provide You with the ability to disclose Your User Content as modified to others or the general public and that Momenti shall not be responsible for such disclosure of Your User Content. You further grant us a royalty-free license to use Your user name, image, voice, and likeness to identify You as the source of any of Your User Content; provided, however, that Your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
- Third-Party Rights in Your User Content. You must not post or provide to the Platform any material or other content for which You do not have all necessary rights, consents, and permissions needed to so provide. Without limiting the foregoing, if You only own the rights in and to a sound recording used in Your User Content, but not to the underlying musical works embodied in such sound recordings, then You must not post such sound recordings to the Platform unless you have all necessary permissions or clearances from, or are authorized by, the owner of any part of the User Content to submit it to the Platform. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and to publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that You are granting us the right to use Your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. If You are a composer or author of a musical work and are affiliated with a PRO, then You must notify Your PRO of the royalty-free license You grant through these Terms in Your User Content to us. You are solely responsible for ensuring Your compliance with the relevant PRO’s reporting obligations. If You have assigned Your rights to a music publisher, then You must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in Your User Content or have such music publisher enter into these Terms with us. If You are a recording artist under contract with a record label, then You are solely responsible for ensuring that Your use of the Platform is in compliance with any contractual obligations You may have to Your record label, including if You create any new recordings through the Platform that may be claimed by Your label.
- Waiver of Rights to User Content. By posting Your User Content to or through the Platform, You waive any rights to prior inspection or approval of any marketing or promotional materials related to Your User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, You hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that You may have in or with respect to any User Content You post to or through the Platform. We also have the right to disclose Your identity to any third party who is claiming that any User Content posted or uploaded by You to our Platform constitutes a violation of their intellectual property rights, or of their rights of publicity or privacy.
- Content Removal. We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish Your User Content at our or their sole discretion. We have the right to remove, disallow, block or delete any User Content on our Platform if, in our opinion, such User Content does not comply with the restrictions set out under Section 6 above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to You. As a result, You are solely responsible for saving copies of any User Content that You post to the Platform on Your personal device(s) in the event that You want to ensure that You have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
- Feedback. If You provide us any feedback or suggestions, ideas, improvements, modifications, error identification or other information relating to the Platform (“Feedback”), You hereby grant to Momenti a non-exclusive, irrevocable, perpetual, non-terminable, transferable, sublicensable, royalty-free and without charge, worldwide license to use, copy, distribute, perform, display and create derivative works of such Feedback without restriction, including to improve the Platform and to develop, market, offer, sell and provide other products and services. You acknowledge that Momenti has no obligation to review, consider, or implement any Feedback, or to return to You all or part of any Feedback for any reason. All Feedback is provided on a non-confidential basis, and we are not under any obligation to keep confidential any Feedback that You may provide, or to refrain from using or disclosing it in any way.
- Third-Party Websites. The Platform may contain or deliver links to other websites (each, a “Third-Party Site”). You acknowledge that Third-Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Momenti, and that any such links shall not be interpreted as approval by Momenti of any Third-Party Site or information You may obtain from it. We are not responsible for any Third-Party Sites accessed through the Platform. If You access a Third-Party Site, You do so at Your own risk. You should review the terms and policies, including privacy and data gathering practices, applicable to any Third-Party Site that You access or relating to any applications You use or install from the Platform.
- Disclaimers. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE THAT: THE PLATFORM AND ALL RESULTS, DATA AND OTHER CONTENT MADE AVAILABLE BY OR THROUGH THE PLATFORM ARE PROVIDED “AS IS.” MOMENTI MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOMENTI MAKES NO WARRANTY THAT: (I) THE PLATFORM OR ANY RESULTS, DATA OR OTHER CONTENT MADE AVAILABLE BY OR THROUGH THE PLATFORM WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES; (II) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (III) THE PLATFORM OR ANY RESULTS, DATA OR OTHER CONTENT MADE AVAILABLE BY OR THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS; OR (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE PLATFORM WILL BE CORRECTED. Some jurisdictions do not allow some of the foregoing exclusions or limitations, so some of these exclusions or limitations may not apply to You.
- Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE THAT IN NO EVENT WILL MOMENTI BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OR INACCURACY OF INFORMATION, ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM, REGARDLESS OF THE FORM OF ACTION, EVEN IF THE CLAIM WAS REASONABLY FORESEEABLE OR IF MOMENTI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY REMEDY. MOMENTI’S MAXIMUM LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND/OR YOUR USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED $100.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF THE PLATFORM, INCLUDING TEXT MESSAGING AND DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR PLATFORM PROVIDER BEFORE USING THE PLATFORM.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. You acknowledge and agree that the foregoing limitations of liability are essential elements of the bargain and that in the absence of such limitations, the financial and other terms of these Terms would be substantially different. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to You.
- Indemnity from You. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MOMENTI AND OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, PENALTIES, FEES, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) INCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH (I) YOUR USE OF THE PLATFORM, (II) ANY OF YOUR CONTENT, OR (III) YOUR VIOLATION OF ANY OF THESE TERMS. Your obligations in this Section 13 do not apply to any claims, damages, obligations, losses, liabilities, costs, penalties, fees, or expenses of any kind to the extent arising from any act or omission of Momenti or any of our directors, officers, employees, representatives, successors or assigns.
- Compliance with Law. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You may not export, re-export, import, or transfer the Platform or any data available thereon in violation of any applicable export laws or regulations, and You may not assist or facilitate others in doing any of the foregoing. You acknowledge that it is Your responsibility to comply with any and all applicable export and import laws.
- Intellectual Property Policy. Momenti respects the intellectual property rights of others and expects You to do the same. You are not allowed to post, share, or send any content on or through the Platform that violates or infringes any copyrights, trademarks or other intellectual property rights of any third party. Momenti takes reasonable measures to expeditiously remove from our Platform any infringing content that we become aware of. It is Momenti’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Platform who repeatedly infringe copyrights or intellectual property rights of others.
1. Copyright Infringement Notification.
Any User Content that infringes another’s copyright may be removed. If You believe that any User Content provided on or through the Platform infringes upon any copyright which You own or control, You may send a written notification to our designated copyright agent, identified below, with the following information:
Designated Copyright Agent:
Joseph Ro. 200 Varick St. Ste 802, New York, NY 10014. [email protected].
We may provide the account holder with Your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under Section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.
If You submit a report or infringement notification to us, we may contact You if we have additional questions about Your report or notification. Please note that Momenti is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account You reported. As an alternative, You may want to contact the person who posted the content or owns the account to try to resolve Your issue directly.
If You receive a copyright infringement notification that You believe to be in error or believe that You are authorized to use the content, You can reach out to the copyright owner directly to request a retraction.
You may also provide us with a counter-notification with the following information:
Failure to include all necessary information may limit our ability to investigate Your claims and may result in your counter-notification being denied.
The counter-notification process will take time to complete. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that, where appropriate and authorized by law, we will forward the entire counter-notification to the original reporter, including any contact information You provide, in accordance with our Terms. The claimant may use this information to file a lawsuit against You.
If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the content at issue, we may replace or cease disabling access to the material that was removed if the content does not infringe on third-party copyright. The decision to re-post any material is at Momenti’s sole discretion.
2. Trademark and Other IP Infringements. Any content that violates another’s trademark rights or other intellectual property rights may be taken down. Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to You, the user, and Momenti’s community. If You wish to file a complaint about an unauthorized use of Your trademark or other intellectual property, except for copyrights as set forth in Section 15.1, contact us at [email protected]. Momenti takes reasonable measures to expeditiously remove from our Platform any infringing content that we become aware of.
- Governing Law. These Terms shall be interpreted in accordance with the laws of the state of New York, USA, without reference to its conflict of law provisions. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
- Disputes. Any dispute, claim or controversy arising out of or in connection with these Terms and/or Your access to or use of the Platform (“Dispute”) shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, by a single arbitrator selected, all in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, You may call JAMS at 800.352.5267 or visit the JAMS website at www.jamsadr.com. You and Momenti agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) if You are an individual person, the arbitration will be held at a location in Your hometown area unless You and we both agree to another location or telephonic arbitration; (d) if You are an individual person and You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither You nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
You also control whether Your User Content is made publicly available on the Platform to all other users of the Platform or only available to people You approve. To restrict access to Your User Content, You should select the privacy setting available within the Platform.
- Miscellaneous. If any provision of these Terms is held to be unenforceable, such provision shall be reformed to the extent necessary to make it enforceable so as to effect the mutual intent of Momenti and You, and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without our prior written consent, and any such attempt is void. You acknowledge and agree that a material breach of these Terms adversely affecting our proprietary rights would cause irreparable harm to Momenti for which a remedy at law would be inadequate and that we shall be entitled to injunctive relief in addition to any remedies that we may have hereunder or at law. These Terms reflect the complete agreement between Momenti and You concerning the Platform, and supersedes any and all prior agreements and representations between Momenti and You related to such subject matter.