MomentoLive™ ACCEPTABLE USE POLICY
Dear Members,
MomentoLive ™ has created this Acceptable Use Policy (the "AUP")
so you (including but not limited to, your associates, affiliates,
representatives, customers, officers and employees) "User" will
understand when and under what circumstances we may suspend or terminate your
use of your service (the "Service") and access to MomentoLive
sites containing information and data available via your computer and/or a Momento
digital picture frame (the "MomentoLive ™ Sites"). By using
our Service or accessing the MomentoLive Sites, you consent to the
acceptable use practices described in this AUP, as modified from time to time
by us.
CONTENT PROHIBITIONS
MomentoLive ™'s goal is for all of our members to have an enjoyable
experience every time they access the MomentoLive Sites or use our Service.
Therefore, you may only use our Service for lawful purposes and in a manner
that does not interfere with other members or our systems. To assure this, we
reserve the right, but are not obligated, to suspend or terminate your access
to the MomentoLive Sites and/or your use of the Service at any time, if we
determine in our sole discretion that your conduct or behavior on the MomentoLive
Sites or our Service involves or causes but not limited to:
Content Harmful or Offensive to Third-Parties: User is prohibited to
upload, download, post, distribute, publish, or otherwise transmit
(collectively, "Disclose") any message, data, information, image,
text or other material (collectively, "Content") that is unlawful,
libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd,
harassing, threatening, harmful, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise harmful or offensive to third parties;
Unlawful Content: User is prohibited to Disclose any Content that
would constitute or encourage a criminal offense, violate the rights of any
party, or that would otherwise create liability or violate any local, state,
national, or international law;
Infringing Content: User is prohibited to Disclose any Content that
may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. Infringement may result from
the unauthorized copying and posting or distributing ringtones, graphics,
pictures, photographs, logos, software, articles, music, or videos. By
posting any Content, you represent and warrant that you have the lawful right
to distribute and reproduce such Content;
Impersonation: User is prohibited to impersonate any person or
entity or otherwise misrepresent your affiliation with a person or entity;
Interference: User is prohibited to do anything to interfere with
other users of Services;
Deceptive Content or Spam: When using email, text messaging services
, or multi-media messaging services User is prohibited to Disclose any
deceptive Content -- such as letters relating to pyramid schemes, or
communications offering or disseminating fraudulent goods, services, schemes
or promotions -- or any form of unsolicited commercial email or
"spam" (electronic messages sent to multiple email addresses or Momento
digital picture frames where the recipient has not consented to receive such
messages, except messages whose primary purpose is to facilitate, complete,
confirm, provide or request information about a commercial transaction, an
existing employment relationship, or an existing commercial relationship that
the recipient has previously agreed to enter into with the sender).
Unapproved Promotions or Advertising of Goods or Services: Without
our prior written permission, User is prohibited to Disclose
on the Sites any
unsolicited promotions of goods or services, commercial solicitation or any
advertising, promotional materials or any other solicitation of other users
for goods or services except in those areas (e.g., a classified bulletin
board) that are designated for such purpose;
Off Topic Content: User is prohibited to Disclose any Content that
is off-topic according to the description of a group or list or send
unsolicited mass emailing if such Content could reasonably be expected to
provoke complaints from its recipients;
Content Harmful to Other Systems: User is prohibited to harmful
Content, including without limitation, viruses, Trojan horses, worms, time
bombs, zombies, cancelbots, or any other computer programming routines, that
may damage, interfere with, surreptitiously intercept or expropriate any
system, program, data or personal information.
Facilitating Violation of This AUP: User is prohibited to Disclose
any Content through advertising, transmitting or otherwise making available
any software, program, product or service that is designed to violate this
AUP which includes the facilitation of the means of spam, imitation of
pinging, flooding, mailbombing, denial of service attacks and piracy of
software.
Webspace: User is prohibited to use their personal and/or corporate
site for the publication and distribution of spamming software, lists
of
personal or corporate email addresses or any personal data in strict
accordance with the Data Protection Act of 1998, regulations made pursuant to
the Act and subsequent legislation.
Resale: User is prohibited to, unless expressly written in an
written agreement with MomentoLive ™, to resell any and all of the MomentoLive
™ services.
NETWORK USAGE
Violations of system or network security are prohibited, and may result in
criminal and civil liability. MomentoLive ™ may investigate incidents
involving such violations and may involve and will cooperate with law
enforcement if a criminal violation is suspected. Examples of system or
network security violations include, but are not limited to, the following:
Modifications to Transmissions. Installation of any amplifiers,
enhancers, repeaters or other devices that modify, disrupt or interfere
in
any way with the radio frequency licensed to us to provide Service.
Hacking. Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without express
authorization of the owner of the system or network.
Interception. Unauthorized monitoring of data or traffic on any
network or system without express authorization of the owner of the system or
network.
Intentional Interference. Interference with service to any user,
host or network including, without limitation, mail bombing, news bombing,
other flooding techniques, deliberate attempts to overload a system or
broadcast attacks.
Falsification of Origin. Forging any TCP-IP packet header, e-mail
header or any part of a message header. This prohibition does not include the
use of aliases or anonymous remailers.
Avoiding System Restrictions. Using manual or electronic means to
avoid any use limitations placed on the Services.
Port Scanning: scanning open ports or IP addresses on our system.
Forging Addresses: non authorized use of our domain address or the
use of our domain for mass or spam email.
MomentoLive ™ LIMITED RESPONSIBILITY
MomentoLive ™ takes no responsibility and assumes no liability for any
Content uploaded, transmitted, or downloaded by User or any third-party, or
for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As the provider of the
MomentoLive Sites and Service, MomentoLive ™ are only a forum and are not
liable for any statements, representations, or Content provided by our users in
any public forum. It is not our intent to discourage you from taking
controversial positions or expressing vigorously what may be unpopular views;
however, we reserve the right to take such action as we deem appropriate in
cases where the MomentoLive Sites or Service is used to disseminate
statements which are offensive or harmful.
ENFORCEMENT OF THIS AUP
MomentoLive ™ reserves the right, but does not assume the obligation, to
strictly enforce this AUP by, but not limited to, issuing warnings,
suspending or terminating Service, refusing to transmit, removing, screening
or editing Content prior to delivery or actively investigating violations and
prosecuting them in any court or appropriate venue. We may block access to
certain categories of numbers (e.g. 976, 900 and certain international
destinations) or certain sites if, in our sole discretion, we are
experiencing excessive billing, collection, fraud problems or other misuse of
our network.
We may access, use and disclose transaction information about your use of our
Service, and any Content transmitted by User via the MomentoLive Sites or
through the Service, to the extent permitted by law, in order to comply with
the law (e.g., a lawful subpoena); to enforce or apply our subscriber
agreements; to initiate, render, bill, and collect for our Services; to
protect our rights or property, or to protect users of our Services from
fraudulent, abusive, or unlawful use of, or subscription to, our Service.
INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AUP OR ANY RELATED AUP, GUIDELINE OR
AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF
SHALL BE CONSIDERED VIOLATIONS OF THIS AUP BY YOU.
USER RESPONSIBILITY
User is liable for any transmissions initiated through our Service or any
Content you Disclose. Unless you are participating in an area of the MomentoLive
Sites or Service that requires or allows anonymity, you will always use your
real name in online communications. You agree to indemnify and hold us
harmless from any claim, action, demand, loss, or damage (including
professional legal fees) made or incurred by any third-party arising out of
or relating to your violation of this AUP.
UPDATING THIS AUP
We will revise and update this AUP if our practices change, as technology
changes, or as we add new services or change existing ones.
If we make any
material changes to this AUP, we will post an "update" notice to
the MomentoLive Sites and change the date of the AUP. You should refer back
to this page for the latest information.
CONTACTING US
If you have any questions, comments or concerns about this AUP, please write
to us at MomentoSupport@imate.com