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Terms & Conditions

Last updated: June 23, 2021

Below You find Our terms and conditions for Our services. We advise You to read the following terms and conditions carefully.

Definitions 

  • “Platform” refers to any services We offer, including apps on mobile phones or browser-based applications. 

  • “We”, “Us”, “Our” refer to Momentapp by Dylan Clarke, Samariterstraße 4, 10247 Berlin, Germany.

  • “You” and “Yours” refer to the user or member of the Platform.

  • “Content” refers to any information, material, pictures, or other content posted to the Platform.

  • “T&C” refers to these terms and conditions.

Your Contractual Relationship with Us

  • By using the Platform, You agree to enter into a contractual relationship with Us. This contractual relationship shall be governed by the T&C. We explicitly exclude any other terms and conditions from Your side. The T&C is not valid between You and any other member of the Platform.

  • The Platform may use third-party services to provide certain features and services for Our members or the Platform may contain links to third-party services. In this case, You may be required to comply with the T&C that applies to these features and services, and links. 

  • The contractual relationship ends with any termination of Your account (see below).

Your Account and Membership

  • You must be at least 18 years old to use the Platform. We have the right to install measures to verify Your age. 

  • To use the Platform, it is necessary to set up a personal account. This account is strictly personal. It is strictly forbidden to share this account with any other person. 

  • To set up Your account, You have to use your Google or Facebook account or your Apple ID. Alternatively, you can set up your account by providing us your e-mail address. In this case, you will receive, on request, a link to access your account. You alone are responsible for anything that happens from Your failure to maintain that security and confidentiality, such as by sharing Your account credentials illicitly with others. If someone is accessing Your account, You have to inform Us immediately.

  • We can terminate Your account or limit access to the Platform at Our sole discretion. This is particularly the case if We determine that You have violated the T&C. Furthermore, We may remove accounts of members who are inactive for a period longer than five years.

  • You can terminate Your account at any time with a delay of two days.

  • It is strictly forbidden to use the account in any commercial way. 

Your Content and Content of Others

  • You are responsible for the content You provide in any way on the Platform. This means You must ensure You have all permissions, rights, and licenses needed (including under copyrights, trademarks, privacy rights or publicity rights) to provide the content to the Platform. Furthermore, Your content must not include personal, private, or confidential information belonging to others and Your content must not otherwise violate the rights of any individual or entity.

  • Your content must comply with the T&C. Our Platform is politically, religiously, and ideologically neutral. We want to create a peaceful and safe environment for every member of the Platform. Therefore, We exclude any political, ideological-religious, sexist, or racist content.

  • We may, in appropriate circumstances and at Our discretion, remove or disable access to content that We believe may infringe the intellectual property rights of others or violates the T&C.

  • You allow Us to use Your content to operate, improve, promote, and protect the Platform. Therefore, You hereby grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of Your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights You have in Your Content. This license permits Your content to remain on the Platform, even after You terminate Your account.

  • We are not responsible for the content of other members of the communications that members send using the Platform. We generally do not review content before it is posted. If You find content that violates the T&C, We ask You to inform Us immediately.

Amendments to the T&C

• We have the right to modify and amend the T&C in case of changes of the relevant legislation or jurisprudence or for any other objective reason. When We do so, We will inform You via e-mail. We will also communicate the effective date for the amendment and a period within You can communicate Your dissent to the amendment of the T&C. Your consent is considered to be granted if You do not declare Your dissent within this period.

Interactions with others

  • We are not party to any contractual arrangements made through the Platform. We do not conduct or require background checks on members, and We are not obliged to verify the truth or accuracy of statements made by members. We do not give any contractual assurance concerning the conduct or content of any members or their interactions with You. We have no obligation to get involved with any disputes You have with other members. 

  • To the full extent permitted by applicable law, You agree to release Us from claims, demands, and damages arising out of or in any way connected with any contract or other relation You have with other members. 

  • You acknowledge that events or meetings organized by using the Platform may carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, You understand and agree that You have freely chosen to assume such risks.

Prohibited Uses of the Platform. 

  • The Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless We expressly permit it through the T&C, You agree that You will not, either directly or indirectly use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform, remove or alter the proprietary notices on the Platform, reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform. You also agree that You will not use the Platform to solicit or collect personal data from others.

Warranty Disclaimer

• Using the Platform is free of charge for You. As the correlate to the lack of remuneration, We offer Our services without any acknowledgment of any legal obligation. Furthermore, We do not issue any guarantee regarding the functioning of the Platform.  

Limitation of Liability

• Both You and Us shall be fully liable for intent and gross negligence as well as for damages resulting from injury to life, body, or health. In case of ordinary or slight negligence, both You and Us shall be liable only for breaches of a material contractual obligation.

Governing Law

• This Agreement shall be governed by, and construed in accordance with, the laws of the Federal Republic of Germany, without regard to principles of conflicts of laws.

Judicial Forum

• To the extent legally permissible, the courts of Berlin-Mitte (Germany) have exclusive jurisdiction to settle any disputes arising under or in connection with the T&C.

Severability Clause

  • Should any provision of the T&C be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provision shall be deemed replaced by such valid, effective and enforceable provision as comes closest to the economic intent and the purpose of such invalid, ineffective or unenforceable provision as regards subject -matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any unintended gap in the T&C.