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Terms and Conditions

Last updated: 07-08-2023

Please read these Terms and Conditions carefully before using our services. By using our services, you agree to be bound by these terms. If you do not agree with one or more of the following terms, we kindly ask you not to use our services.

Definitions

  • "Service" refers to the online service and related functionalities provided by Momentshare.io.
  • "Company," "we," "us," and "our" refer to Momentshare.io, located at Gijsbert van Swietenstraat 7, 9079LV Sint Jacobiparochie, The Netherlands.
  • "You" and "your" refer to the user of the Service.
  • "Content" includes any text, images, audio, video, information, or other materials posted by users on the Service.
  • "Feedback" refers to suggestions, comments, ideas, or other input regarding the Service provided by you to the Company.
  • "Affiliates" include subsidiaries, affiliated companies, partners, officers, employees, agents, and other persons directly or indirectly associated with the Company.
  • "Third Party" refers to any person, entity, website, or service not owned or controlled by the Company.

By using our services, you acknowledge that you have read and understood these definitions.

Cancellation and Suspension

We reserve the right to cancel or suspend orders, accounts, or events if they are used to upload inappropriate media.

Price Adjustments

We reserve the right to adjust our prices. However, this does not apply to orders you have already placed.

Payment Methods and Verification

We accept various payment methods, such as iDEAL, PayPal, and credit cards. Payment cards (credit or debit) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we are not responsible for any delay or non-delivery of your order.

Account Information

When creating an account with us, you must provide accurate, complete, and up-to-date information. Failure to do so constitutes a breach of the terms and may result in immediate termination of your account on our service.

Account Security

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether with our service or a third-party social media service.

Username Policy

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Use of the Service and Content

Our service allows you to post content. You are responsible for the content you post on the service, including its legality, reliability, and appropriateness.

Momenshare Hosting Fair Use Policy

Momentshare Hosting applies a fair use policy. Uploading is blocked after using 20GB of storage space, and the duration of this option is 6 months. The platform is not intended to be used as a personal cloud storage or backup for media such as photos and videos for extended periods. We may block access to your account and suspend your account if this is detected. If you need more storage, please contact us.

License for Posted Content

By posting content on the service, you grant us the right and license to use, modify, publicly perform, display, reproduce, and distribute such content through the service. You retain all rights to any content you submit, post, or display on or through the service, and you are responsible for protecting those rights.

Representations and Warranties

You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and grant us the rights and license as stated in these terms, and (ii) the posting of your content on the service does not violate any privacy rights, publicity rights, copyrights, contract rights, or other rights of any person.

User Content and Responsibility

The Company is not responsible for user content on the service. You understand and agree that you are solely responsible for the content and for all activities that occur under your account, whether by you or by a third party using your account.

Unacceptable Content

You may not submit content that is illegal, abusive, shocking, intended to evoke disgust, threatening, defamatory, obscene, or otherwise objectionable.

Right to Refuse or Remove Content

The Company reserves the right to determine whether content is appropriate and complies with these terms. The Company may refuse or remove such content, make modifications and edits, and change the manner of displaying content. The Company may also restrict or revoke access to the service if you post such unacceptable content.

Risk of Using the Service

You understand that by using the service, you may be exposed to content that is offensive, indecent, incorrect, or objectionable, and you agree that the Company shall not be liable in any way for such content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Backup and Data Integrity

While regular backups of content are performed, the Company does not guarantee that there will be no loss or corruption of data. Corrupted or invalid backup points may result from, without limitation, content that was already corrupted before being backed up or that changes during the execution of a backup. The Company will provide support and attempt to resolve any known or discovered issues related to the backups of content. However, you acknowledge that the Company is not liable for the integrity of the content or the failure to successfully restore the content to a usable state. You agree to maintain a complete and accurate copy of any content in a location independent of the Service.

Copyright and Feedback

Regarding copyrights and feedback, we comply with international law. You transfer all rights, title, and interest in any feedback you provide to the Company. If, for any reason, this transfer is not effective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such feedback without limitation.

Links to Third Parties

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Limitation of Liability

Regardless of any damage you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 euros if you haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

No Warranty and Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without any warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Complaints

From February 15, 2016, consumers in the EU can also submit complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint has not been resolved elsewhere, you are free to file your complaint through the European Union's platform.

Disputes

All agreements between the Company and the customer are governed by Dutch law. Disputes will be submitted to the competent court in the district where the Company is located.

Changes

The Company reserves the right to modify these terms and conditions. The amended terms will apply to new orders.

By using our services, you confirm that you have read, understood, and agree to these Terms and Conditions. If you do not agree with these terms, we kindly request that you refrain from using our services.