Last updated: December 25, 2019
The following key points of this User Agreement are only brought for Your convenience. These key points do not substitute the full User Agreement.
• Introduction. Momento provides a mobile platform that enable users to create, produce and share short visual videos.
ANY VIDEO IN THE APP IS STORED LOCALLY ON YOUR DEVICE. WE DO NOT HAVE ANY ACCESS TO YOUR DATA.
• The Service is owned and operated by Popixels Ltd.
• Acceptable use. The Terms define the acceptable use of the Service and the actions You should avoid while using the Service. For example, when sharing Videos through the service, you must refrain from infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks.
• Age restriction. The Service is intended and permitted for use only by individuals 13 years of age or older.
• Registration. The App is available without registration.
• Privacy. We respect Your privacy, as further explained in our Privacy Policy.
• Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. When You share Videos through the App, You represent and warrant that You are the rightful owner of all rights to such Videos or lawfully licensed by all the rightful owners to share such Videos through the Service.
• Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
• Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Service.
• Limitation of liability. The liability of the Company, including anyone on its behalf, is limited with respect to any damage or loss, arising from, or in connection with the use of, or the inability to use the Service.
• Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel. Most disputes between us will be decided in arbitration. You can opt out of arbitration under the terms outlined below, in which case disputes will be decided in court.
Welcome to “Momento” – a mobile platform that enables users to create, produce and share short visual videos (the "Service"). The Service is owned and operated by Popixels Ltd. ("we", "us" and "our"). It is available through our designated mobile application (the “App”).
Please carefully read the following User Agreement (the “Terms”). By downloading the App, by using or accessing the Service, You agree to be bound by the Terms and You signify that You have read and understood them. If You do not agree with the Terms, You may not use the Service in any way.
Use of the Service may be subject to additional terms and policies, such as the terms governing the use of Apple devices or Apple’s “App Store”. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and policies.
HOW DOES IT WORK?
Our Service provides a mobile platform enabling any user of the Service (“You”) to create, produce or share short and original visual videos (the “ Video”). Once choosing a video or image, You will be able to edit the video and add text, visual effects and sound. You also may share the Video with your friends on the various social networks we support.
WHA ELSE SOULD YOU KNOW?
• You can only use Your own original and legal content in the Video. You can’t use copyright protected images, videos, and any other content which You don’t own all the rights to.
• You bear all costs associated with the creation or production of Your Videos.
REGISTRATION
Use of the App does not require any registration.
ACCEPTABLE USE OF THE SERVICE
You may access and use the Service and use content and features provided through the Service.
When using the Service, You agree to refrain from -
• Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
• Interfering with, burdening or disrupting the functionality of the Service;
• Breaching the security of the App or Website or publicly identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Sending automated or machine generated queries;
• Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
• Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
• Impersonating any person or entity in a manner that violates any third party rights;
• Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;
• Abusing, harassing, threatening or intimidating other users of the Service;
• Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
• Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
• Violating any applicable law;
• Sending, uploading to or making available within the Service Content which may be considered as -
• Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
• Identifying minors, their personal details or their address and ways to contact them;
• Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;
• Constituting a violation of a person's right to privacy or right of publicity;
• Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
• Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
• Otherwise prohibited by any applicable law.
The Company may, but is under no duty to, review content (including any Video) that was shared through the App, and remove, block access or use of such content, or refuse to share it through the Service, for any reason that the Company may consider to be justified at its sole discretion.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.
PAYMENT
Use of the App is free of charge, except for certain features and visual effect that may be subject to fees at the rates and schemes determined by us and posted on the relevant pages of the Service ("Fee-Based Services"). Fee-Based Services can only be paid through the platform on which you are using the App (Apple iOS). Without derogating from the above, we may, at any time and in our sole discretion, change a free-of-charge feature to a fee-based feature.
AGE RESTRICTION
If You are under the legal age of maturity in Your jurisdiction (normally 18 years), then You must obtain permission from Your parent or legal guardian to accept these Terms. By using the Service, You declare to us that You have obtained it. If You are under the age of 13 You may not use the Service in any way.
PRIVACY
We respect Your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Service.
INTELLECTUAL PROPERTY
All rights, title and interest in and to the Service, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to Popixels.
Unless otherwise expressly permitted in the Terms, You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by Yourself or by a third party on Your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Company.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Company. You must refrain from any action or omission which may dilute, or tarnish our goodwill.
COMMERCIAL INFORMATION
We may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company or any of the Service’s users does not constitute a recommendation or encouragement to procure the goods or services advertised. We may allow advertisers or Brand Owners to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.
CHANGES
We may, at any time and without prior notice change the layout, design, scope, features or availability of the Service.
We may revise these Terms, in whole or in part, at any time by putting You on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes Your consent to the amended Terms.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. IT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR ACCOUNT, THE VIDEOS AND OTHER MATERIALS SHARED THROUGH THE SERVICE, ANY INTERACTION RELATED TO THE SERVICE.
WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, RELIABILITY, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, RESULTS OR OUTCOMES OF PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY WITH REGARD TO THE SERVICE.
WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE Functionalities, THE CONTENT SENT OR PRESENTED THROUGH THE SERVICE, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT SENT OR PRESENTED THROUGH THE SERVICEWILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM YOUR RELIANCE ON THE SERVICE, OR FROM ANY LEGAL, OR FROM ANY LOST OR MISSED PAYMENT OPPORTUNITIES, OR FROM ANY ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH US OR THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, ENGAGEMENTS AND TRANSACTIONS IN CONNECTION WITH THE SERVICE OR WITH OTHER USERS OF THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF VIDEOS.
IN ANY EVENT, OUR TOTAL AND AGGREGATE LIABILITY FOR DAMAGES EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM ANY OF THE ABOVE SHALL BE LIMITED AND CAPPED AT THE AMOUNTS ACTUALLY PAYABLE TO YOU (IF ANY) UNDER THE PAYMENT SCHEME OFFERED TO YOU AND ACCEPTED BY YOU (IF ANY).
INDEMNITY
To the maximum extent permitted by law, You agree to indemnify, defend and hold harmless, us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), at Your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with Your use of the Service, Your breach of the Terms, Your violation, or infringement of any other person’s or entity’s rights, or Your activities and Videos.
APPLICATION MARKETPLACE
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which You downloaded the App, such as the App Store for iOS. Such third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if You downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between Yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to You for the App is limited to a non-transferrable license to use the App on any iOS Products that You own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), You may notify Apple, and Apple will refund the purchase price for the App to You (if You paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. You must not be in violation of Your wireless data Services agreement when You use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
GOVERNING LAW, JURISDICTION
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Israel.
The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to the Service and the Service or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.
MISCELLANEOUS
Assignment. You may not assign or transfer Your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by You, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to You and without obtaining Your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes our stead and we are irrevocably released from all performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between You and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between You and us.