THESE TERMS INCLUDE AN ABITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.
1.1. Our Purpose
Cmooment offer wedding related services vendors to publish business information and upload photo in Our Website to promote businesses. Users allow searching the needed services in Our Website.
1.2. Legal Agreement
1.3. User Account
In order to access and use certain features of Our Website, you must first register and create an account with Cmooment (“User Account”).
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on Our Website), make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account, whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using Our Website, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party.
- Your Obligations
2.1. You undertake and agree to:
1. be solely responsible and liable with respect to any of the uses of the Our Website which occur under your User Account and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Our Website);
2. receive from time to time promotional messages and materials from Cmooment or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
3. allow Cmooment to use in perpetuity, worldwide and free of charge, any your image or artwork for any of Cmooment’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Cmooment or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your image and artwork with respect to such limited permitted uses;
2.2. You agree and undertake not to:
1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble Our Website;
2. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Our Website (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of Our Website to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Our Website;
3. act in a manner which might be perceived as damaging to Cmooment’s reputation and goodwill or which may bring Cmooment into disrepute or harm;
4. probe, scan, or test the vulnerability of Our Website or any network connected to Our Website;
5. upload any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component to Our Website;
6. use any of Our Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
7. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying Our Website; or
8. violate, attempt to violate, or otherwise fail to comply with any of the Cmooment’s Terms or any laws or requirements applicable to your use of Our Website.
9. use any offensive username which might be perceived as damaging to Cmooment’s reputation. We serve the rights to request you to change the username which we think fit and not offensive or we serve the rights to ban your user account.
10. Upload any inappropriate photos or videos which might be perceived as damaging to Cmooment reputation. We serve the rights to request you to remove the inappropriate photos or videos or we serve the rights to ban your user account.
- Content and Ownership
3.1. Your Intellectual Property
As between Cmooment and you, you shall own all intellectual property pertaining to your User Content, including to any images, videos and artworks created by you. Cmooment does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to upload your content to Our Website, including cloud services to make display adjustments and perform any other technical actions required.
3.2. Cmooment’s Intellectual Property
All rights, title and interest in and to the Our Website including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of Our Website, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Cmooment.
The Cmooment’s Terms do not convey any right or interest in or to Cmooment’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Cmooment’s Terms constitutes an assignment or waiver of Cmooment’s Intellectual Property rights under any law.
3.3. Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to Our Website (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Cmooment. By providing such Feedback to Cmooment, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Cmooment any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
- Service Fees
5.1. Paid Services
The use of certain Our Website may be subject to payment of particular fees, as determined by Cmooment in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Cmooment will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
Cmooment reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Cmooment shall have the right to automatically and without notice renew your subscription to Our Website at the full applicable Fee.
As part of registering or submitting information to receive Paid Services, you also authorize Cmooment (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Cmooment or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
5.3. Subscription Auto-Renewals
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, Our Website operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by Cmooment in writing). Accordingly, where applicable, Cmooment will attempt to automatically renew the applicable Cmooment Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with Cmooment.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable Cmooment Service(s), Cmooment will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
- Suspension and termination of services
6.1. Terminate by user
If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
6.2. Terminate by Cmooment
Cmooment may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Cmooment may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and opportunity to export a copy of your Content from that Services. However, there may be time sensitive situations where Cmooment may decide that we need to take immediate action without notice. Cmooment has no obligation to retain your Content upon termination of the applicable Service.
- Disclaimer of Warranties
We provide the Cmooment Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that Our Website (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service mentioned on or made available via Our Website – so please be sure to verify those before using or otherwise engaging them.
Cmooment may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may Cmooment be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through Our Website, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Cmooment shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using Our Website and that Cmooment cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
Cmooment does not recommend the use of Our Website for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain Cmooment Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Cmooment Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of Our Website at this BETA stage signifies your agreement to participate in such Cmooment Services’ BETA testing.
- Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Cmooment, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of Our Website; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from Our Website; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via Our Website; (6) events beyond the reasonable control of Cmooment, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Cmooment Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Cmooment’s services to you, and such limitations will apply even if Cmooment has been advised of the possibility of such liabilities.
10.1. Changes & Updates
Cmooment may change, suspend or terminate any of the Cmooment Services (or any features thereof, or prices applicable thereto), and/or change any of the Cmooment Terms with or without prior notice - at any time and in any manner. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) terminate your User Account, continue to support your then-current Cmooment Services without enabling such changes, or provide you with alternative Services.
We may provide you with notices in any of the following methods: (1) via Our Website, including by a banner or pop-up within the Our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Cmooment’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
10.3. Entire Agreement
10.4. Customer Service Contact
To get in touch with our Customer Service - please use any of the options listed below:
1. Go to Cmooment Contact Us which is available at: http://cmooment.com/contact
2. Send an email message to: email@example.com
3. By Phone: (+6018) 959 6788
Special thank to https://www.freepik.com for allow us to use their photo for free as our platform background picture.