Please read these Terms of Use carefully before using this site. By
using this site, you signify your assent to these Terms of Use. This
site is owned and operated by Momenta.
These Terms of Use (as amended from time to time the "Agreement")
sets forth the legally binding terms for your use of this Website. By using
this Website, you agree to be bound by this Agreement, whether you are
a "Visitor" (which means that you simply browse the Website)
or you are a "Member" (which means that you have registered with
Momenta). The term "User" refers to a Visitor or a Member. If
you do not accept and abide by this Agreement, you may not use the Momenta
service. You must be at least thirteen (13) years of age to use the Momenta
service.
This Agreement includes Momenta’s policy for acceptable use, your
rights, obligations and restrictions regarding your use of Momenta services
and Momenta’s Privacy Policy. Momenta may modify this Agreement from
time to time without notice and such modification shall be effective upon
posting on this Website. You agree to be bound to any changes to this Agreement
when you use the Momenta Website after any such modification is posted.
It is therefore important that you review this Agreement regularly to ensure
you are updated as to any changes.
When you register as a Member, you will create a username and password.
The username selected must be unique and acceptable to Momenta, and each
member may only have one member name. No username may contain any store
name, tradename, website domain name, or company name. Anonymous accounts
are prohibited and Momenta may delete any such account in its sole discretion.
Members are responsible for maintaining the confidentiality of the username
and password, and are fully responsible for all activities that occur under
the username and password. Momenta reserves the right to delete or refuse
the registration of any account at any time for any or no reason or to
refuse service to anyone at anytime without notice for any reason.
You agree that you are responsible for your own use of the Momenta service,
for any posts you make, and for any consequences thereof. You agree that
you will use the Momenta service in compliance with applicable local, state,
national, and international laws, rules and regulations, including any
laws regarding the transmission of technical data exported from your country
of residence and all United States export control laws.
Please choose carefully the information you post on Momenta and that you
provide to other Users. Your Momenta profile may not include the following
items: telephone numbers, street addresses, and any photographs containing
nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information provided
by other Members may contain inaccurate, inappropriate, offensive or sexually
explicit material, products or services, and Momenta assumes no responsibility
or liability for this material. If you become aware of misuse of the Momenta
Website by any person, please contact Momenta.
Prohibited Content includes, but is not limited to, Content that Momenta
determines in its sole discretion:
• contains any advertising or soliciting including without limitation,
advertisements, store announcements, for sale or trade, coupons, sales,
consultants, and eBay postings. Links or references to other sites or stores
are not permitted. We reserve the right to delete any thread or posting
containing any of these mentioned prohibitions. Accounts may be deleted
without warning due to this infraction;
• is obscene or promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains
a link to an adult website;
• provides any private and confidential information such as names,
telephone numbers, street addresses, credit card numbers or Social Security
Numbers;
• infringes any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy;
• promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
• violates any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination and false advertising);
• contains any viruses, malware, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; or
• interferes with the ability of others to enjoy our site.
Momenta is most often a passive conduit for the information Users submit.
We cannot and do not review every submission a User may make. Momenta does
not endorse, support, represent or guarantee the truthfulness, accuracy,
or reliability of any communications posted via the Momenta service or
endorse any opinions expressed via the Momenta service. You acknowledge
that any reliance on material posted via the Momenta service will be at
your own risk. We do, however, reserve the right, but do not assume the
obligation, to restrict or prohibit your use of our sites if we believe
you are violating any of the terms of this Agreement and to remove, edit,
or relocate any submission as we see fit, whether for legal or other reasons.
You remain solely responsible for the content of your messages, and you
agree to indemnify and hold harmless Momenta, its parents, affiliates,
co-branders or other partners and their respective officers, directors
and agents from any claim or demand, including reasonable attorneys’ fees,
made or threatened by any third party due to or arising out of your use
of or conduct on the Momenta Website or a breach of this Agreement, including
without limitation, with respect to any claim based upon transmission of
your message(s) or your violation of any rights of another.
The Momenta Website is for the personal use of Users only and may not be
used in any commercial manner. You will not distribute or otherwise publish
any material containing any solicitation of funds, promotion, advertising,
or solicitation for goods or services nor may you use any of the content
on the Momenta Website for commercial purposes. Chain letters, pyramid
schemes and the solicitation of other members to join or become members
of any commercial online service or other organization are also prohibited
on Momenta. You also agree to be respectful of Momenta and its staff and
other posters.
Links or pointers to Internet websites maintained by others are "third
party sites" and are meant for convenience only. Momenta has no control
over such sites and resources and is not responsible for the availability
of such external sites or resources and does not endorse and assumes no
responsibility or liability for any content, advertising, products or materials
on or available from such sites or resources. You are free to establish
a hypertext link to Momenta so long as the link does not state or imply
any sponsorship or endorsement of your site by us or make use of a logo
without written consent of the logo owner. Without our prior written consent,
you may not frame, or in-line link to, any of the content of our sites,
or incorporate into any other website or service any of our intellectual
property.
By displaying or publishing ("posting") any information, data,
messages, text, graphics, images, photos, video, sounds, profiles, works
of authorship, or any other materials (collectively, "Content")
on the Momenta Website, you hereby grant to Momenta, a non-exclusive, royalty-free,
worldwide license to use, copy, modify (to the extent required for formatting
purposes), publicly display, store, reproduce, transmit, and distribute
such Content on and through the Momenta Website, including a right to sublicense
the Content to Momenta Users to permit them to copy and use the Content
for their private, non-commercial use. This license will terminate at the
time you remove such Content from the website. Notwithstanding the foregoing,
a back-up or residual copy of the Content posted by you may remain on the
Momenta servers after you have removed the Content from the website, and
Momenta retains the rights to hold those copies for its records. You represent
and warrant that: (i) you own the Content posted by you on or through the
website or otherwise have the right to grant the license set forth in this
section, and (ii) the posting of your Content on or through the website
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person. You agree to pay for all royalties,
fees, and any other monies owing any person by reason of any Content posted
by you to or through the website.
You acknowledge that Momenta or its affiliates owns all rights, title and
interest in and to the Momenta service, including all intellectual property
rights (the “Momenta Rights”). Momenta Rights are protected
by U.S. and international intellectual property laws. Accordingly, you
agree that you will not copy, reproduce, alter, modify, or create derivative
works from the Momenta service. You also agree that you will not use any
robot, spider, or other automated device to monitor or copy any content
from the Momenta service. As described immediately above, Momenta Rights
do not include third-party content used as part of the Momenta service,
including the content of communications appearing on the Momenta service,
other than content provided by Momenta or its affiliates.
You agree that Momenta has no responsibility or liability for the deletion
of, or failure to store or to transmit, any Content and other communications
maintained by the Momenta service. Momenta retains the right to create
limits on use and storage at its sole discretion at any time with or without
notice.
Momenta reserves the right to reveal your identity (or whatever information
we know about you) in the following limited circumstances: (i) we have
your consent to share the information, (ii) we need to share the information
to provide a product or service you have requested, (iii) in response to
subpoenas, court orders or legal process including in the event of a complaint
or legal action arising from any message posted by you, or (iv) the health
or well-being of you or another member or visitor is threatened.
We may modify or terminate our services from time to time, for any reason,
and without notice, including the right to terminate with or without notice,
without liability to you, any other user or any third party.
By using the Momenta Website, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain
the accuracy of such information; (c) you are 13 years of age or older;
and (d) your use of Momenta does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 13 years of age.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMENTA DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED. MOMENTA MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM THE USE OF THE MOMENTA SERVICES OR AS TO THE ACCURACY, COMPLETENESS
OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION
WITH MOMENTA. MOMENTA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR
FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE MOMENTA
WEBSITE. THE SERVICES PROVIDED BY MOMENTA AND ITS AFFILIATES ARE PERFORMED
AND THE SOFTWARE USED IN CONNECTION WITH THE MOMENTA SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR
USE OF THE MOMENTA SERVICES AND THE INTERNET.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL MOMENTA OR ITS AFFILIATES BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON MOMENTA’ SERVICES
OR FROM THE USE OR PURCHASE OF PRODUCTS PURCHASED THROUGH THE MOMENTA’ WEBSITE,
OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER
HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF MOMENTA OR ITS AFFILIATES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE MOMENTA SERVICES, FROM INABILITY TO USE THE MOMENTA SERVICES, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE MOMENTA SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOMENTA WEBSITE OR RECEIVED
THROUGH ANY LINKS PROVIDED ON THE TWO WEBSITE, AS WELL AS BY REASON OF
ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE MOMENTA
WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE MOMENTA WEBSITE.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION
SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF MOMENTA’ SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS
ON, OR IS LINKED OR RELATED IN ANY WAY TO, MOMENTA’ SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
AND EXCLUSIONS MAY NOT APPLY TO YOU.
By using the Momenta Website, you acknowledge and accept these terms.
COPYRIGHT AND TRADEMARK LEGAL NOTICE
The images of products displayed on this website are copyrighted and
trademarked by their respective owners and are displayed with the express
permission of the copyright and trademark owners. Any reproduction
without express permission from the copyright or trademark owner is
a violation of law and is prohibited. Momenta disclaims all liability
related to the unauthorized copying, reproduction or other misuse of
the images and products displayed.
If you believe that your work has been copied and is accessible on the
Momenta website in a way that constitutes copyright infringement, you
may notify Momenta by providing the following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on the Momenta’ site
where the material that you claim is infringing is located;
4. your address, telephone number, and, if available, e-mail address;
5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
6. a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Pursuant to Section 512(c)(2) of the Copyright Revision Act (17 U.S.C.
Section 512), as enacted through the Digital Millennium Copyright Act,
notifications of claimed copyright infringement should be sent to Momenta
as described below:
Momenta
Attn: Legal Dept
442 First NH Turnpike
Northwood, NH 03261
PRIVACY NOTICE
Your privacy is very important to Momenta. We do not sell or rent your
personal information to third parties for their marketing purposes. To
change your subscription preferences, visit "Edit My Profile" from "My
Account" page or simply click the unsubscribe link located in every
email to stop receiving email promotions. Please read this privacy policy
to learn more about the ways in which we use and protect your personal
information.
Our purpose in collecting personal information is to provide you with
a safe, smooth, efficient, and customized experience. This allows us
to provide services and features that most likely meet your needs, and
to customize our service to make your experience safer and easier. We
only collect personal information about you that we consider necessary
for achieving this purpose.
In general, you can browse the Momenta website without telling us who
you are or revealing any personal information about yourself. Once you
give us your personal information, you are not anonymous to us. If you
choose to use our services, we may require you to provide contact and
identity information, billing information, shipping information and other
personal information as indicated on the forms throughout the Momenta
website. Where possible, we indicate which fields are required and which
fields are optional.
We use data collection devices such as "cookies" on certain
pages of the site to help analyze our web page flow, measure promotional
effectiveness, and promote trust and safety. "Cookies" are
small files placed on your hard drive that assist us in providing our
services. We offer certain features that are only available through the
use of a "cookie". We also use cookies to allow you to enter
your password less frequently during a session. In the course of serving
advertisements to this site, our third-party advertiser may place or
recognize a unique cookie on your browser. Personal information
cannot be collected via cookies and other tracking technology, however,
if personally identifiable information was previously provided, cookies
may be tied to such information. Aggregate, but not individual, cookie
and tracking information may be shared with third parties.
Momenta respects your privacy and will not share your personally identifiable
information collected at this site with third parties except for the
following limited instances: (i) we have your consent to share the information,
(ii) we need to share the information to provide a product or service
you have requested, (iii) in response to subpoenas, court orders or legal
process including in the event of a complaint or legal action arising
from any message posted by you, or (iv) the health or well-being of you
or another member is threatened. We may also share your information
with our affiliates, however, you will always have the opportunity to
opt-in or opt-out of receiving any mailings from such affiliates. Momenta
may sometimes share “general” information about our site
visitors with our advertisers, potential partners, or other third parties.
This information will only be provided in the aggregate.
We reserve the right to modify this Privacy Policy from time to time
without notice. Please review the Privacy Policy from time to time so
that you will be apprised of any changes.
Downloadable Products
DIGITAL DESIGNS END USER LICENSE AGREEMENT
This Momenta End User Agreement (the “Agreement”) becomes
a binding contract between you and Momenta. If you do not wish to be
bound by the Agreement, you cannot access, use or download the digital
design files. Please read all of the Agreement before you agree to be
bound by its terms and conditions.
You hereby agree to the following:
I. You are bound by the Agreement and you acknowledge that
all Use of the Digital Designs supplied to you by Momenta is governed
by the Agreement.
II. “Momenta” as used herein shall mean collectively
Momenta, its successors and assigns, its parent and affiliated corporations,
its authorized distributors, and any third party which has licensed to
Momenta any or all of the components of the Digital Designs supplied
to you pursuant to the Agreement.
III. “Digital Designs” as used herein shall mean digital
artwork and shall include any derivative works created from modifying
the original artwork.
IV. “Personal Use” shall mean Use of the Digital
Designs for your customary personal purposes and shall not mean any distribution
whatsoever of the Digital Designs or any component or Derivative Work
thereof. “Personal Use” shall not include any Use of the
Digital Designs by persons that are not members of your immediate household.
All such household members shall be notified by you as to the terms and
conditions of the Agreement and shall agree to be bound by it before
they can have Use of the Digital Designs.
V. The Commercial Use of Digital Designs is strictly prohibited. This
shall include, but is not limited to, any tangible item (ex: electronic
book or magazine, stationary) distributed for a fee, any business form
or sign, a ticket for an event, a receipt for the purchase of tangible
goods or any use of Digital Designs that would be perceived as for Commercial
Use, in any capacity.
VI. You are hereby granted a non-exclusive, non-assignable,
non-transferable license to access the Digital Designs (i) only in a
Licensed Unit, (ii) only for your Personal Use, and (iii) only subject
to all of the terms and conditions of the Agreement. You have no rights
to the Digital Designs other than as expressly set forth in the Agreement.
You agree that Momenta owns all right, title and interest in and to the
Digital Designs, its structure, organization, code, and related files,
including all property rights therein such as copyright, design and trademarks
rights. All rights not expressly granted in the Agreement are expressly
reserved to Momenta.
VII. You may electronically distribute Digital Designs embedded
in a “Personal Use” document only when the Digital Designs
embedded in such document (i) is in a static graphic image (for example,
a “gif”) or an embedded electronic document, and (ii) is
distributed in a secure format that permits only the viewing and printing
(and not the editing, altering, enhancing, or modifying) of such static
graphic image or embedded document. You may not embed Digital Designs
in an electronic document or data file for any reason other than your
own Personal Use.
VIII. You may not alter Digital Designs for the purpose of
adding any functionality which such Digital Designs did not have when
delivered to you by Momenta.
IX. You acknowledge that the Digital Designs are protected
by the copyright and other intellectual property law of the United States
and its various States, by the copyright and design laws of other nations,
and by international treaties. You agree to treat the Digital Designs
as you would any other copyrighted material. You agree to use trademarks
associated with the Digital Designs according to accepted trademark practice,
including identification of the trademark owner’s name. Trademarks
can only be used to identify printed output produced by the Digital Designs.
The use of any trademark as herein authorized does not give you any rights
of ownership in that trademark and all use of any trademark shall inure
to the sole benefit of Momenta. You may not change any trademark or trade
name designation for the Digital Designs.
X. You may not rent, lease, sublicense, give, lend, or further
distribute the Digital Designs, or any copy thereof.
XI. IN NO EVENT WILL MOMENTA BE LIABLE TO YOU OR ANYONE ELSE
(I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT
LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES,
OR LOST SAVINGS, EVEN IF MOMENTA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY
SEEKING SUCH DAMAGES EVEN IF MOMENTA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
XII. You have the rights expressly set forth in the Agreement
and no other. All rights in and to the Digital Designs, including unpublished
rights, are reserved under the copyright laws of the United States and
other jurisdictions. All rights reserved. Notwithstanding the foregoing,
to the extent that any law, statute, treaty, or governmental regulation
shall be deemed by a court of competent jurisdiction to provide you with
any additional or different rights from those provided herein and such
rights shall be deemed non-waiveable as a matter of law and to supersede
the rights specifically provided herein, then such law, statute, treaty,
or governmental regulation shall be deemed to be made a part of the Agreement.
To the extent that any such rights created by any law, statute, treaty
or governmental regulation are waiveable, you agree that your acceptance
of the Agreement shall constitute an effective and irrevocable waiver
of such rights. The Agreement may be enforced by Momenta or by an authorized
dealer acting on behalf of Momenta.
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