1. PanoMoments.com and associated Mobile Applications
2. Responsibility of Visitors
Moment Capture, Inc. has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Moment Capture, Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading or use of which is subject to additional terms and conditions, stated or unstated. Moment Capture, Inc. disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading or viewing by those visitors of content there posted.
3. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PanoMoments.com links, and that link to PanoMoments.com. Moment Capture, Inc. does not have any control over those non-PanoMoments.com websites, and is not responsible for their contents or their use. By linking to a non-PanoMoments.com website, Moment Capture, Inc. does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Moment Capture, Inc. disclaims any responsibility for any harm resulting from your use of non-PanoMoments.com websites and webpages.
4. Copyright Infringement and DMCA Policy
As Moment Capture, Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PanoMoments.com violates your copyright, you are encouraged to notify Moment Capture, Inc. Moment Capture, Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Moment Capture, Inc. will terminate a user’s access to and use of the infringing material if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Moment Capture, Inc. or others. In the case of such termination, Moment Capture, Inc. will have no obligation to provide a refund of any amounts previously paid to Moment Capture, Inc..
5. Intellectual Property
This Agreement does not transfer from Moment Capture, Inc. to you any Moment Capture, Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Moment Capture, Inc.. Moment Capture, Inc., PanoMoments.com, the PanoMoments.com logo, and all other trademarks, service marks, graphics and logos used in connection with PanoMoments.com or our Services, are trademarks or registered trademarks of Moment Capture, Inc. or Moment Capture, Inc.'s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Moment Capture, Inc. or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Moment Capture, Inc. may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PanoMoments.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
Our Services are provided "as is." Moment Capture, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Moment Capture, Inc. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Limitation of Liability
In no event will Moment Capture, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Moment Capture, Inc. under this agreement during the twelve (12) month period prior to the cause of action. Moment Capture, Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty
11. US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Moment Capture, Inc. reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Moment Capture, Inc., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Moment Capture, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Moment Capture, Inc., or by the posting by Moment Capture, Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Moment Capture, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is critically important to us. At Moment Capture, Inc. we have a few fundamental principles:
Moment Capture, Inc. Inc. (“Moment Capture, Inc.”) operates PanoMoments.com and associated mobile applications. It is Moment Capture, Inc.’s policy to respect your privacy regarding any information we may collect while operating our websites and applications.
Like most website operators, Moment Capture, Inc. collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Moment Capture, Inc.’s purpose in collecting non-personally identifying information is to better understand how Moment Capture, Inc.’s visitors use its website. From time to time, Moment Capture, Inc. may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Moment Capture, Inc. also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users. Moment Capture, Inc. only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below..
Certain visitors to Moment Capture, Inc.’s websites choose to interact with Moment Capture, Inc. in ways that require Moment Capture, Inc. to gather personally-identifying information. The amount and type of information that Moment Capture, Inc. gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account on PanoMoments.com to provide a username and email address. Those who engage in transactions with Moment Capture, Inc. – by purchasing access to the Pro account tier, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Moment Capture, Inc. collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Moment Capture, Inc.. Moment Capture, Inc. does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Moment Capture, Inc. may collect statistics about the behavior of visitors to its websites. For instance, Moment Capture, Inc. may monitor the most popular content on the PanoMoments.com site or use spam screened by the Akismet service to help identify spam. Moment Capture, Inc. may display this information publicly or provide it to others. However, Moment Capture, Inc. does not disclose personally-identifying information other than as described below.
Moment Capture, Inc. discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Moment Capture, Inc.’s behalf or to provide services available at Moment Capture, Inc.’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Moment Capture, Inc.’s websites, you consent to the transfer of such information to them. Moment Capture, Inc. will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Moment Capture, Inc. discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Moment Capture, Inc. believes in good faith that disclosure is reasonably necessary to protect the property or rights of Moment Capture, Inc., third parties or the public at large. If you are a registered user of Moment Capture, Inc. and have supplied your email address, Moment Capture, Inc. may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Moment Capture, Inc. and our products. We primarily use our blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Moment Capture, Inc. takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Moment Capture, Inc., or substantially all of its assets, were acquired, or in the unlikely event that Moment Capture, Inc. goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Moment Capture, Inc. may continue to use your personal information as set forth in this policy.