Terms of Service
2. General Terms
- You must not post any illegal, especially racist or discriminatory contents.
- You are responsible for any activity that occurs under your screen name – act accordingly.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Umoment users.
- You may not use the Umoment Products or contents for any illegal or unauthorized purpose. All users agree to fully comply with all applicable laws.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, or links that you submit, post, and display on Umoment Products.
- You must not modify, adapt or hack Umoment or modify another website so as to falsely imply that it is associated with Umoment.
- You must not access Umoment’s API.
- You must not crawl, scrape, or otherwise cache any content from Umoment including but not limited to user profiles.
- You must not use web URLs in your name without prior written consent from Umoment.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Umoment, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these Terms will result in the termination of your Umoment account. While Umoment prohibits such conduct and content on its site, you understand and agree that Umoment cannot be held responsible for the content posted on its Products although you may be exposed to such content.
- You use Umoment at your own risk.
- Users are not entitled to use Umoment. Umoment has the liberty to reject or exclude users from Umoment. You must not market, advertise with or sell any Umoment contents without prior written consent from Umoment.
The Umoment application is licensed, not sold, and Umoment reserves all rights not expressly granted herein. Subject to these Terms, Umoment grants you a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to download and use the application on a device that you own or control.
License Restrictions: Except as specifically provided herein. You may not:
- distribute or make the application available over a network where it could be used by multiple devices at the same time
- copy the application
- (modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the application, except as otherwise permitted by law or
- use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the application to third parties.
4. Content on Umoment Products
Umoment does not claim any ownership rights in the content that you post on or through Umoment Products. By publicly displaying or publishing any content on or through the Umoment Products, you hereby grant to Umoment a non-exclusive, fully paid and royalty-free, worldwide, unlimited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the Products in any on- and offline media formats through any media channels. User content not shared publicly remains private and will not be displayed or distributed.
While we don’t have the intention to engage in advertisement, some of the Umoment Products may be supported by advertising revenue and may display advertisements and promotions at some point in time and you hereby agree that Umoment may place such advertising and promotions on the Umoment Products or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that:
- You own the content posted by you on or through the Umoment Products or otherwise have the right to grant the license set forth in this section.
- The posting and use of your content on or through the Umoment Products does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.
- The posting of your content on Umoment Products does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Umoment Products.
You indemnify and hold Umoment fully harmless from and against liability for all claims, losses, damages and expenses, including reasonable attorney‘s fees caused by illegal acts, errors or omissions.
The Umoment Products contain also content from Umoment. Umoment content is protected by copyright, Umoment owns and retains all rights in the Umoment content and the Umoment Products.
Although Umoment will normally only delete content that violates these Terms, Umoment reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by Umoment in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Umoment encourages you to maintain your own backup of your content. In other words, Umoment is not a backup service. Umoment will not be liable to you for any modification, suspension, or discontinuation of the Umoment Products, or the loss of any content.
Although the Umoment Products are normally available, there will be occasions when Umoment Products will be interrupted for maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Umoment.
Umoment will not be liable for any losses or any damages arising from or in any way related to your access or use of Umoment Products. Umoment is licensing the Products “as is”, “as available”, and “faith all faults”. Umoment makes no representations or warranties about the suitability, reliability, timeliness and accuracy of Umoment Products. Umoment disclaims all warranties, either express or implied regarding the Products and their operation.
In no event will Umoment, its affiliate entities, any of our respective staff or authorized associates be liable to you for any special, indirect, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, loss of goodwill, service interruption, computer or mobile device and system failure or costs of procurement of substitute goods or services, arising out of or in connection with the installation or use of our Products.
- We reserve the right to refuse any services to anyone for any reason at any time.
- We reserve the right to modify or terminate any Product for any reason, without notice at any time.
- We reserve the right to alter these Terms at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates the law, or may mislead other users.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim on those usernames.
Users that cause damage to other users or third parties, indemnify Umoment fully with respect to any claims and also assume the entire cost of the legal defense of Umoment.
8. Final provisions
- Umoment reserves the right to change these Terms independently at any time. Users can object to these changes within one month by no longer using Umoment Products and, where applicable, by deleting their account.
- Umoment reserves the right to change any Products arbitrarily. There is no entitlement for constant availability.
- If any part of these Terms be invalid, the remaining parts always remain valid.
- As long as these Terms don’t provide otherwise, the provisions of the Swiss law, in particular the Swiss Code of Obligations („Obligationenrecht“) apply. The place of jurisdiction is Bern (Switzerland).
Bern, March 11th 2016