With www.momency.com (hereinafter referred to as "momency©") siteface UG (haftungsbeschränkt), Brüderweg 252 in Siegen, Germany (hereinafter referred to as "Operator") provides an online portal for uploading, viewing, publishing, exchanging and downloading of digital images. These Terms of Use (hereinafter referred to as “Terms”) govern the relationship between the Operator and every natural and legal person (hereinafter referred to as the “User”) who uses momency©.
1.1
By accessing or using momency© or any applications (including mobile applications) made available by
momency© (together, the "Service"), however accessed, you agree to be bound by these terms of use
("Terms of Use").
1.2
These general terms of use shall apply to all of the products and services (“Services”) that are
provided by the Operator.
1.3
If you do not agree to be bound by all of these Terms, you are not allowed to access or use the
Service.
1.4
The use of certain applications within momency© - particularly those that require the acceptance of
supplementary conditions or a separate agreement - can be limited to specific Users and / or User
Groups.
The use of momency© requires the User to register with www.momency.com. This process is called "registration". Application and registration are free of charge to the User.
2.1
Approved for registration are only legally competent persons.
2.2
Each User may only register once and create one User account. Upon registration the User agrees
that he is not a member of momency© nor has deleted a previously existing account (see also
paragraph 3.1).
2.3
The User must provide the requested information completely and correctly, if and when it is not
marked as optional information. The User may use a pseudonym, such as an artist name, alias or any
invented name instead of his real name, but it is prohibited to register with a third party’s data
or with otherwise inaccurate data.
2.4
After registration, the Operator will send the User an automatic confirmation by email. The email
contains a hyperlink via which the User can verify that the email address stated is correct. The
User undertakes to provide that verification. Until verification is provided, the Operator may
restrict or prevent access to momency© at any time. If the registration is not completed within a
certain time frame, the User and previously uploaded pictures and albums will be deleted.
2.5
After successful completion of the registration process the User can use momency©. The User can log
in by entering his e-mail and password.
2.6
If registration is not completed within a certain time frame, all data will be deleted.
2.7
A right to enter into a license agreement does not exist. The Operator may reject an application in
his sole discretion without stating reasons. In this case the Operator deletes information provided
by the User with the registration form immediately.
2.8
Identification of people on the Internet is only possible to a limited extent. Consequently, the
Operator cannot provide any guarantee of the correctness of the actual identity of a User. Each User
must convince himself of the identity of other Users.
3.1
A User can cancel the license agreement at any time without any reason and without any deadline
requirements by deleting his User account. To terminate the contract, the User simply has to click
the “Delete my account” button under the “Profile/settings” menu. Within this function, all images
and the User profile will be deleted.
3.2
The Operator has the right to cancel the contract at any time without giving reasons by giving the
User notice 14 days prior to the month's end. The right to terminate the Agreement for good cause
(see paragraph 6) remains unaffected.
3.3
With the deletion of the User's account all personal data, albums and images will permanently be
deleted. Those albums that are shared with others, remain exempt.
4.1
With momency© the User can create and manage photo albums and upload digital images. These albums
and images can be kept private or can be unlocked for other users. The User has full control of his
photos and can delete all pictures and albums.
4.2
The Operator has the right to develop, change, modify or extend momency© at any time.
4.3
The Operator shall restrict the availability of the service temporarily if this is required in
respect of capacity limits, the security or integrity of the servers or in order to carry out
technical measures, and if this serves the proper or improved rendering of the services (maintenance
work). In such cases, the Operator shall take account of the Client's legitimate interests, e.g. by
providing advance information.
4.4
momency© eventually allows Users to communicate with each other, for example, in the context of
private messages or comments. The Operator only provides those technical applications that allow
Users to contact one another. The Operator does not participate in content-specific communication
amongst Users. The Operator shall not be held liable if Users are unable to contact one another.
There is no guarantee that messages will be received, and we are not responsible for lost,
misdirected or deleted messages.
4.5
momency© may include links to third-party contents. These third-party contents are identified with a
corresponding notice, e.g., “Advertisement” or “Presented by”. If and insofar as the conclusion of a
contract is offered in connection with these third-party contents, this is then concluded
exclusively with the respective responsible party identified as offering it.
The Operator does not provide any guarantee or responsibility of the correctness of the data or
information linked to on third-party websites.
5.1 Packages
momency© offers different, chargeable packages. With the acquisition of a package you get special
additional services such as more data storage, more albums, or a higher number of images.
5.2 Pricing and features of Service Packages
The operator reserves the right to change the features of the different packages or pricing at any
time.
All packages and fees can be viewed in the internal area of www.momency.com.
5.3 Payment
If you purchase a package, you authorize us to charge the purchase fee. The Operator may provide
several payment options.
When you place an order to purchase a package via credit/debit card you will be asked to enter or
provide certain information including your name, address, contact telephone number, email address
and debit/credit card details. This information is required to contact you and to process the
transaction. You authorize us to charge your credit card or bank account for all fees payable during
the Subscription Term. You further authorize us to use a third party to process payments, and
consent to the disclosure of your payment information to such third party.
5.4
We may terminate your account and your service packages with our service at any time especially when
we believe you to violate the letter or spirit of these Terms of Use.
5.5
You may at any time delete your account.
momency© is governed by certain Rules of Conduct that must be adhered to by all users. Your access to and the use of momency© are conditioned on your acceptance of and compliance with these Terms. You are responsible for complying with all applicable laws, rules and regulations and all third-party rights.
6.1.1
The User must keep its User password secret and is responsible for the protection of this data. The
User name and password are personal information. This information may not be disclosed to third
parties and must be protected against unauthorized access by third parties.
6.1.2
Each Registered User shall be obligated to notify the Operator without delay as soon as third
parties obtain knowledge of its data or as soon as an instance of misuse occurs. Please write an
email to privacy@momency in such case.
6.1.3
The User is obliged to change his password immediately, should he suspect that third parties have
gained unauthorized access to it. The User is hereby recommended to regularly change his password
for security reasons.
6.1.4
The Registered User is fully responsible for all activities and entries made through its User name.
6.1.5
The Operator shall not be liable for damage caused to the Registered User by the misuse or loss of
its User data.
6.2.1
You are aware that you are personally and solely responsible for any content (especially digital
pictures) that you upload, post or otherwise transmit. You warrant that the digital images you
upload to momency© do not infringe third party rights, in particular, do not infringe copyright,
personality or registered design rights.
6.2.2
The User is obliged to not distribute any content (especially digital pictures) that violates legal
regulations, the rights of third parties or morality.
6.2.3
You shall indemnify us against all third party claims issued against us for breach of 6.2.1 and
6.2.2. This shall include all costs of necessary legal defense or for bringing the action.
6.3.1
Each user may create photo albums and upload digital images in order to manage them, show them to
friends or other users. Users can invite friends and family to browse through private photo albums.
Furthermore users can add a small image in their profile. Other Users may see this image whenever
they view the User’s profile or access any of the user’s public albums.
6.3.2
The user is allowed to upload only those images he owns the rights for. For publications in
reference to third parties the third party's approval has to be obtained. The User is responsible
for complying with all applicable laws, rules and regulations and all third-party rights.
6.3.3
It is prohibited to post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic
or sexually suggestive photos or other content via the Service.
6.3.4
Don't upload photos without the permission of the people who own the place where the photos were
taken or the individuals in the pictures.
6.3.5
You can delete your uploaded pictures at any time.
6.3.6
We reserve the right to remove photos or albums for any reason and without notice, when we believe
that this material violates our terms and policies.
6.4.1
Images may not be copied, sold, distributed or otherwise made publicly available without the
permission of their respective owners.
The User is obliged to backup his digital images to ensure unrestricted access to to the data - independently of the momency© Service - is always possible.
We care about the security of our Users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to counter our security measures.
6.6.1
It is prohibited to act in any manner which aims to inhibit and / or interrupt the function of the
services and/or the servers and/or the networks which are connected to the services.
6.6.2
The malicious use of the services for any kind of electronic attacks aiming to obstruct the use of
the services itself or the use of third services, to take advantage of vulnerabilities, to have
illegal access to the systems of third parties and to hack personal data is prohibited.
More specifically but not exclusively:
7.1
The compliance with these Terms of Use is of utmost importance for the operability of the platform.
Therefore the Operator imposes sanctions against a User if and as far as the Operator has concrete
evidence that a user violates law, the rights of a third party and/or morality. Moreover the
Operator has the right to delete incriminated content from the platform without advance notice.
7.2
When deciding about the sanction to impose the Operator will include the legitimate interests of the
user concerned and will take into account whether the erratic behaviour occurred without any fault
on the respective User's part or not.
The following measures and sanctions are considered by the Operator:
7.3
If a User has been blocked a further use of the platform is prohibited for him/her. Moreover a
blocked User must not register anew on the platform.
The User indemnifies the Operator for all claims of third parties due to a violation of their rights stemming from content made available on the platform by the User or stemming from the user' utilisation of the platform applications.
The User bears the necessary expense of counsel of the Operator including all court costs and legal fees at the rate regulated by law. This is not the case if the infringement didn't occur due to negligence.
In the case of a third-party claim the User is obliged to disclose immediately, truthfully and exhaustive all information at his/her disposal that are required for an assessment of the claims and a defence. In excess thereof, any rights of the Operator to request additional claims for damages remain unaffected.
9.1
The Operator as a service provider is not obliged to monitor the transmitted or saved information or
to investigate the circumstances alluding to illegal actions. If the Operator, however, gets notice
of illegal actions of a User or information on the platform the information will be deleted
immediately or the access to the information will be blocked.
9.2
The Operator, and the Operator's partners, employees and investors, will not be liable for any loss
or damage that is not reasonably foreseeable.
9.3
For damages culpably caused by the behaviour of legal representatives, leading employees and other
vicarious agents of the Operator, the Operator is liable limited to the typical damages and such
damages foreseeable at the time of the application use.
10.1
The User decides whether and which photo albums and digital images he makes accessible for other
Users: On the one hand, the user determines him-/herself if and to which extent he/she enters and
saves content to the own profile; on the other hand Users have the possibility to change the
settings any time in order to limit the publication of their data and their content.
10.2
Collection, processing and use of person-related data by the Operator comply with the current data
protection regulations.
10.3
It is prohibited for the Users to pass on contact information about other users obtained via the
platform to a third party without the respective user's approval and/or to use or let use the
information for promotion purposes including telephone calls (e.g. objectionable calls on the mobile
[SPOM] or via internet telephony [SPIT]) or for promotion purposes including the use of electronic
mail (e.g. objectionable e-mail or text message promotion as well as via the contact forms of the
platform).
11.1
The Operator reserves the right to alter the clauses of these Terms of Use any time without giving
reasons by respecting the preconditions stated in the paragraphs
11.1.1
The above-mentioned right to make alterations does not concern any alteration of the description of
the subject of the contract (cf. paragraph 4). The Operator informs the user about alterations
and/or deviations of the stated scope of services and offers him/her the continuation of the
contractual relationship at the altered conditions if the interests of the users are affected due to
the changes and/or deviations. The User's continuous right to withdraw (cf. paragraph 3.1) remains
unaffected.
11.1.2
The registered User will be notified per email about other altered clauses which are not covered by
paragraph 11.1.
If the User does not object to the validity of the new Terms of Use within two weeks from receipt of the email the altered Terms of Use are considered to be accepted. The Operator is obliged to separately advise the User of the meaning of the two-week-period in the email containing the altered clauses. Not registered Users should regularly check these Terms of Use. If the not registered User disagrees with the altered clauses he/she has to cease the use of the services.
11.1.3
If the User objects to the validity of the new Terms of Use within the period stated in paragraph
11.1.2, the Operator has the right to regularly withdraw the contractual relationship with the user
by respecting a period of fourteen (14) days.
11.2
For the purpose of fulfilment of the contract and hence the supply of the services the Operator is
contractually obliged to, the Operator can use third parties as vicarious agents.
11.3
Instead of the Operator third parties can step in with respect to the rights and obligations
resulting from this contract for the Operator. In this case the User is entitled to cease the
contractual relationship with the Operator without giving reasons (cf. paragraph 3.1).
11.4
All matters relating to contracts, products or services of the Operator will be governed by the laws
of the Federal Republic of Germany. This is valid even if the customer's residence is located in a
different state. Place of performance and legal venue is Siegen. In case of litigation, the Operator
is entitled to sue even at the general venue of the customer.
11.5
We may modify these terms of service and we recommend that you look at the terms regularly. If you
have any questions about these terms, feel free to contact us about privacy@momency.com.