Terms of Service

Hello and welcome to MomentShare.com. This Web site is owned and operated by MomentShare ("Moment Share"). The following "terms of service" apply to your use of this Web site. Please read them thoroughly before using the Web site. We reserve the right to add, remove, change, and/or modify, segments of these terms at our discretion. Please check these terms regularly for changes. Your continued use of the Web site following the posting of changes to these terms (including MomentShare's Privacy Policy) will mean you accept those changes.

Content

You are NOT allowed to post or acquire any content using the Web site which: Is threatening, obscene, pornographic or illegal. This includes any material that could give rise to any civil or criminal liability under applicable law. MomentShare.com. recommends you use, an "adult-content" warning label when pictures are being shared that include legal adult content; Infringes rights of privacy, publicity or copyrights or otherwise uses content without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material. While MomentShare does not and cannot review all content provided to it, and is not responsible for such content, MomentShare reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by MomentShare.com for the purposes of delivering the offered services. MomentShare will not be liable for any content provided to it, including the photographs and any content added by account holders.

Accounts

Your MomentShare.com account is not available for your non-commercial, personal use. Your account can be utilized to post photographs that you want to let other specified people view and purchase. You can also use your account to view photographs in other accounts if you have been authorized by that account holder. Any photographs in your account are password protected unless you allow other MomentShare.com account holders access to such photographs. MomentShare reserves the right to immediately and without warning discontinue accounts which try to bypass service fees and due commissions. This applys to any accounts that purposely communicate in any form that products are not to be ordered directly through MomentShare's website. You also agree to inform MomentShare with details if ever asked not to order through the MomentShare website. MomentShare reserves the right to cancel or discontinue accounts which have been inactive for more than 60 days. We may do so at our discretion after sending an email warning to the address you used when you set up your account. If you do not respond to the email within 10 days, your account may be removed.

Photographs and Products

All of the photographs featured on our Web site were created by photographers who have provided them to MomentShare.com. for worldwide sale and distribution. The copyrights in the photographs are owned by the photographers thereof who have licensed to MomentShare.com. the right to post them on the site and provide the services offered. You can purchase the photographs featured on our Web site from MomentShare.com. in the form of photographic prints, or other photographic products such as picture frames or photo-albums (collectively, the "Products"). You acknowledge that all Products are custom made to your order and have no market beyond your purchase thereof. As such, all Products are non-returnable and payment for all Products is required to be made in full in advance. All items purchased through MomentShare.com. and shipped to you are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier. You may not reproduce, display, transmit, distribute or otherwise exploit the Products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of MomentShare.com.. While you can add captions and descriptions to the photographs in your account in accordance with the terms hereof, you agree not to otherwise modify, alter or otherwise manipulate any Product, including without limitation, adding other material to a Product, without MomentShare.com.'s prior written consent. While MomentShare.com. uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the photographers to screen the photographs posted on the Web site, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can MomentShare.com. ensure that all persons depicted in the photographs have consented to the display of their image on this Web site. If your photograph appears on this Web site without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to remove@MomentShare.com with a description of why you would like it removed.

Return Policy

MomentShare.com will, at its discretion, allow for the return or replacement of any defective product within 60 days from the date of purchase. After 60 days all sales are final.

Forums and Public Communication

From time to time the site may include bulletin boards, chat rooms, or other forums ("Forums") and the information and opinions expressed in the Forums are not those of MomentShare.com. or the photographers. You are solely responsible for all content you post on or submit to the Forums. You are aware and acknowledge that MomentShare.com. has no obligation to monitor the Forums and you are not relying upon MomentShare.com. to monitor the Forums. Furthermore, neither MomentShare.com. nor the photographers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through Moment Share Inc. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other MomentShare.com. users to join or become members of any commercial online service or other organization is expressly prohibited. By posting content to any Forum or submitting any content for addition to the photographs or any other content exhibited on the site, you grant (or warrant that the owner of such rights has expressly granted) to MomentShare a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.

Disclaimers

THIS WEB SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED "AS IS" AND MomentShare.com. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MomentShare.com. DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MomentShare.com. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT MomentShare) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

Neither MomentShare.com., nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Web site or the photographs or Products. You acknowledge that the photographers are independent contractors of MomentShare.com. and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to MomentShare.com., for any damages and/or claims whatsoever relating to the photographs or Products. Submitting any film, print slide or negative to this firm for processing, printing or other handling constitutes an AGREEMENT by you that any damages or loss by our company, subsidiary, or agents, even though due to the negligence or other fault of our company, subsidiary or agents, will only entitle you to replacement with a like amount of unexposed film and processing. Except for such replacement, the acceptance of film, print, slide or negative is without warranty or liability, and recovery for any incidental or consequential damages is excluded

Taxes

You agree that it is the Seller's and the Buyer's responsibility to determine whether sales or use taxes apply to the transactions and to collect, report and remit the correct tax to the appropriate tax authority. You also agree that MomentShare.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.

Indemnification

In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Products, or any portion thereof, in any manner not authorized by MomentShare.com., or if you otherwise infringe any intellectual property rights or any other rights relating to the photographers, photographs, Products or this Web site, you agree to indemnify and hold MomentShare.com., its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Products and/or your breach or alleged breach of these terms of this Agreement.

Ownership of Our Web site

All of the content (other than the photographs) on our Web site, including without limitation, the graphics, design, and look and feel are owned by MomentShare.com. and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The MomentShare.com. logos are trademarks owned by MomentShare.com. and may not be used or reproduced without our written permission. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Web site.

Third-Party Software

MomentShare may make software from third-party companies available to you. To download such software, you may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. This means that MomentShare.com. does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. MomentShare.com. does not offer any warranty on any third-party software you download using the Web site. Moreover, you are responsible for compliance with all local laws, and you are required to comply with U. S. export laws and regulations when you use or export any software or materials provided through the Web site.

Third-Party Links

MomentShare.com may provide links to third-party sites that might be of interest to you. MomentShare.com has no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.

International Use

MomentShare.com. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Other Terms

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by MomentShare.com, Inc. regarding the use of the Web site or the use or purchase of the photographs or the Products. You must be at least 18 years of age to use the Web site. By using our Web site, you certify that you are at least 18 years of age and that you agree to be bound by these terms and conditions of use. If you do not agree to be bound by these terms of use or if you are not at least 18 years of age, please immediately exit this site.



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