Conditions of use

 

1. Introduction

1.1 Publisher

This Site is published by MOMENT a simplified joint stock company (société par actions simplifiée), with a capital of 300 000 euros, having its registered office at

211, rue de l’Université, 75007

Paris, registered in the Paris Trade and Companies registry under number 791 674 336 00015.

 

1.2 Director of the publication

 

The Site director of publication is Mr Tanguy Morel, CEO at Moment.

 

1.3 Additional information

APE: 6201Z

VAT intra-community identification number: FR39 791 674 336

Email: hello@moment.tech

Phone: +33 (0)1 84 17 53 46

 

2. Definitions

“Content”: has the meaning set forth in article 5.

“Service” or “Services” means the services provided to the User by MOMENT through the Site.

“Site” means the site published by MOMENT that can be accessed at : www.moment.tech

“User” means any natural person accessing the Site.

 

3. Acceptance and modification of the Conditions Of Use

By accessing and using the Services, you acknowledge having read, understood and accepted these Conditions Of Use.

MOMENT reserves the right to amend and update these Conditions Of Use at any time without giving notice the User.

 

4. Conditions of access to the Site

Access to the Site is reserved to passengers of the companies having been duly authorized by MOMENT to propose the Services as part of their offering.

MOMENT undertakes to make every effort to classify contents with regard to suitability for audiences in terms of issues such as sex, violence, substance abuse, profanity, impudence or other types of mature content. Ratings and age recommendations have an advisory capacity only. MOMENT cannot guarantee that these will be available all the time or that the user will be able to access them free of errors. Likewise, MOMENT does not grant any guarantee regarding the suitability of the contents included in its Services. In any case it is the Users’ responsibility to ensure that the age restrictions associated to the Content available on the Site are not abided by.

MOMENT hereby declines all responsibility in the event of non-compliance with the above-mentioned conditions of access.

 

5. Obligations of the User

The User undertakes to make appropriate use of the Services in accordance with the law, morals, public order, the present Conditions Of Use and any special terms that may be applicable, and must refrain from using the Services in any way that could prevent normal operation and enjoyment by Users of the Services or that could harm or damage the rights and assets of MOMENT, its licensors, suppliers, customers, Users or, in general, any third party.

 

  • MOMENT grants you a limited, personal use, non-transferable, non-assignable, revocable, non-exclusive and non-sublicensable right to do the following:

 

  1. stream or download contents : movies, TV series, games, e-press, music, trailers, images, artwork and other copyrightable materials (the « Content« ) that are available to you from the MOMENT Service; and
  2. use the MOMENT Site

This is a use agreement and not an agreement for sale or assignment of any rights in the content or the MOMENT Services. The right to stream or download any MOMENT content does not create an ownership interest in the broadcasted content.

  • Restrictions on your use of the content. You may not and agree not to:
    1. circumvent or disable any content protection system or digital rights management technology used with the MOMENT Service;
    2. copy the Content (except as expressly permitted by these Conditions Of Use); or
    3. create derivative works of the Content

 

  • Restrictions on your use of the MOMENT Services. You may not and agree not to:
    1. move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the MOMENT Service;
    2. modify, including among other things, remove identification, copyright or other proprietary notices from the Content or the MOMENT Service;
    3. access or use the MOMENT Service in a manner that suggests an association with our products, services or brands;
    4. create derivative works of the MOMENT Service, any updates, or any part thereof;
    5. bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the MOMENT Service including, but not limited to, mechanisms that protect or limit use or access to the MOMENT Service and Content;
    6. damage, disable, overburden or impair the MOMENT Service;
    7. bundle Content or the MOMENT Service for redistribution with other products or services;
    8. use the MOMENT Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Conditions of Use.

MOMENT Service is developed by MOMENT and is designed to enable viewing of content through compatible electronic devices. This software may vary by device and medium, and functionalities and features may also differ between devices. You agree that you may automatically receive updated versions of MOMENT software.

 

  1. Personal Data

MOMENT’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that MOMENT can use such data in accordance with our privacy policy.

 

The users may exercise their rights of access, rectification, cancellation and opposition, or revoke the consent granted to the above-mentioned uses, by writing to MOMENT by e-mail to hello@moment.tech or by post to 211, rue de l’université 75007 Paris, France.

 

  1.  Limited warranty

MOMENT undertakes to make every effort to try to ensure the availability and continuity of its Services any related services. However, MOMENT cannot guarantee that these will operate correctly all the time or that the User will be able to access and use them without delays, interruptions or free of errors. Likewise, MOMENT does not grant any guarantee regarding the suitability of the contents included in its Services or of any of the related products or services for meeting the User’s specific needs.

 

MOMENT will act diligently in accordance with generally accepted practices in the sector to avoid the presence on its Services or in any of the related services of viruses or other harmful elements that could cause alterations to the User’s computer system, electronic documents or files, but MOMENT cannot guarantee the absence of such items and MOMENT shall not be liable for any loss or damage they may cause.

 

MOMENT may provide links or references to third-party websites, information or resources. MOMENT does not represent or warrant, and is in no way committed to, any third-party websites, information or resources that may be referenced or accessible from its Services. Consequently, all linked sites, information or resources to its Services are not under the control of MOMENT and MOMENT is not responsible for the contents of any linked site, information or resources, or any links or changes contained in these sites, information or resources. MOMENT is providing such links, information or resources only as a convenience and these links, information or resources do not entail any endorsement of these sites, information or resources by MOMENT.

 

MOMENT makes no warranty or representation about the suitability of the information contained in its Services, for any purpose. All documents, information and materials are provided “as is” without warranty of any kind, either express or implied, including but not limited to, all implied warranties and conditions as to merchantability, fitness for a particular purpose, title and non-infringement.

 

  1. Liability

MOMENT may, immediately and without any obligation to give notice, terminate and cancel its relationship with a given User, and cut off the User’s access to its Services, if it detects any use that infringes these Conditions of Use or that is otherwise fraudulent or non-compliant with applicable regulations and the User will be liable for any loss and damage incurred directly or indirectly by MOMENT as a consequence of any such Use and will hold MOMENT harmless from and against any penalty, claim or lawsuit by any third party, including without limitation those initiated or imposed by public institutions, and in general, against any damage resulting –either directly or indirectly-from the breach of these Conditions of Use by the User.

  1.  Severability

If a court considers any provision of these Terms Of Use to be illegal, invalid, or unenforceable, the rest of its provisions will remain in effect and these Conditions Of Use will be considered amended to give effect to the eliminated provision to the maximum extent possible.

 

  1. Governing law and jurisdiction

These Conditions Of Use are governed by French law and any dispute that may arise from the execution or interpretation of these Conditions Of Use shall be submitted to the courts of the city of Paris (France).