MOMENTTRACKER.COM WEBSITE TERMS AND CONDITIONS
These terms and conditions ("Conditions") apply to the entire contents of these website under the domain names www.momenttracker.com and www.athrilla.com ("Websites") and to any correspondence by e-mail between us and you. Please read these terms carefully before using these Websites. Using these Websites indicates that you accept these terms. If you do not accept these terms, do not use these Websites. These Websites and all of their content, including but not limited to, all text and images are owned and copyrighted by Moment Tracker.
INTRODUCTION
By accessing any part of these Websites, you shall be deemed to have accepted this legal notice in full.
If you do not accept this legal notice in full, you must leave these Websites immediately.
Moment Tracker reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part,
to: modify or discontinue the Website with or without notice;
limit the Websites' availability to any person, geographic area or jurisdiction we choose;
charge fees in connection with the use of the websites; modify and/or waive any fees charged in connection
with the Websites; and/or offer opportunities to some or all users of the Websites. You agree that neither we
nor any affiliated entity shall be liable to you or to any third party for any modification,
suspension or discontinuance of the Websites, in whole or in part, or of any service, software, content, submission,
feature or product offered through the Websites. Your continued use of the Websites after such changes will indicate
your acceptance of such changes. You should check these Websites from time to time to review the then current legal notice.
Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on
particular pages at these Websites.
1. ELIGIBILITY
Use of the MomentTracker.com Services and registration to be a Member for the MomentTracker.com Services (“Membership”) is void where prohibited. By using the MomentTracker.com Services, 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 the MomentTracker.com Services 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, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. LICENSE AND CONDITIONS
Moment Tracker grants you a limited license to access and make use of the Websites. As a condition of such license, you agree:
a) not to download or modify any part of the Website, except with the express and prior written consent of Moment Tracker;
b) not to download or copy any account information for the benefit of another business;
c) not to collect or make any use of any listings, descriptions, or prices;
d) not to resell or make any commercial use of these Websites or their contents;
e) not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Websites for any commercial purpose
without express written consent of Moment Tracker;
f) not to make any derivative use of these Websites or their contents;
g) not to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of Moment Tracker and its group companies without express written consent of Moment Tracker;
h) not to use any meta tags or any other "hidden text" utilizing the Moment Tracker or name or
trademarks without the express written consent of Moment Tracker; and
i) not reproduce or store any part of these Websites in any other website
or include any part of these Websites in any public or private electronic retrieval system or
service without prior written permission from Moment Tracker.
The copyright and other intellectual property rights in all material on these Websites (including without limitation text,
photographs and graphics) are owned by Moment Tracker or its licensors. If you breach any of the terms in this legal notice,
your permission to use these Websites automatically terminates. You are also advised that Moment Tracker will aggressively enforce
its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
All trademarks of Moment Tracker indicated on the Websites are trademarks of AtrhillA or its group companies in the United States
and other countries. Without the prior consent of Moment Tracker, you agree not to display or use in any
manner the Moment Tracker trademarks.
Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
While Moment Tracker attempts to ensure that these Websites are normally available 24 hours a day, Moment Tracker shall not be liable if for any reason these Websites are unavailable at any time or for any period.
Access to these Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the control of Moment Tracker.
4. VISITOR MATERIAL AND CONDUCT
Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit
or post to these Websites shall be considered non-confidential and non-proprietary. Moment Tracker shall have no obligations with
respect to such material. Moment Tracker and its designees shall be free to copy, disclose, distribute, incorporate
and otherwise use such material and all data, images, videos, sounds, text and other things embodied therein for any and
all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from these Websites any material:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b) for which you have not obtained all necessary licenses and/or approvals; or
c) which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Websites (including, without limitation, by hacking; using robots, spiders, data mining or similar data gathering tools; and automated submission of data).
Moment Tracker shall fully co-operate with any law enforcement authorities or court order requesting or directing Moment Tracker
to disclose the identity or locate anyone posting any material in breach of paragraph 4(b) or paragraph 4(c).
5. LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on these Websites are provided solely for your convenience. If you use these links,
you leave these Websites. Moment Tracker has not reviewed all of these third party websites and does not control and is not
responsible for these websites or their content or availability. Moment Tracker therefore does not endorse or make any representations
about them, or any material found there, or any results that may be obtained from using them. If you decide to access
any of the third party websites linked to these Websites, you do so entirely at your own risk.
If you would like to link to any of these Websites, you may only do so on the basis that you link to, but do not replicate,
the home page of these Websites, and subject to the following conditions:
a) you do not distort or otherwise alter the size or appearance of any trademarked logos;
b) you do not create a frame or any other browser or border environment around these Websites;
c) you do not in any way imply that Moment Tracker is endorsing any services or products other than its own;
d) you do not misrepresent your relationship with Moment Tracker nor present any other false information about Moment Tracker;
e) you do not otherwise use any Moment Tracker trademarks displayed on these Websites without express written permission from Moment Tracker;
f) you do not link from a website that is not owned by you; and
g) your website does not contain content that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws
and regulations.
h) Moment Tracker expressly reserves the right to revoke the license granted in Section 2 for breach of these terms and to take
any action it deems appropriate.
You shall fully indemnify Moment Tracker for any loss or damage suffered by Moment Tracker or any of its group companies for breach of
paragraph 5(b).
6. DISCLAIMER
While Moment Tracker attempts to ensure that the information on these Websites is correct, Moment Tracker does not warrant the accuracy and
completeness of the material on these Websites. Moment Tracker may make changes to the material on these Websites, or to the services,
products and prices described in it, at any time without notice. The material on these Websites may be out of date, and
Moment Tracker makes no commitment to update such material.
The material on these Websites is provided "as is" and "as available" basis, without any conditions, warranties or other
terms of any kind. Accordingly, to the maximum extent permitted by law, Moment Tracker provides you with these Websites on the basis that
Moment Tracker excludes all representations, warranties (either express or implied), conditions and other terms
which but for this legal notice might have effect in relation to these Websites.
7. LIABILITY
Moment Tracker, any other party (whether or not involved in creating, producing, maintaining or delivering these Websites), and any
of the Moment Tracker affiliated companies and the officers, directors, employees, shareholders or agents of any of them,
exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a
third party (including without limitation, any direct, indirect, special, punitive, exemplary or consequential loss or
damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort [including without limitation negligence], contract or
otherwise) in connection with these Websites in any way or in connection with the use, inability to use or the results
of use of these Websites, any websites linked to these Websites or the material on such websites, including but not
limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing these Websites or your downloading of any material from these Websites or any
websites linked to these Websites.
If your use of material on these Websites results in the need for servicing, repair or correction of equipment,
software or data, you assume all costs thereof.
8. GENERAL
a) Governing Law and Jurisdiction. This legal notice shall be governed by and construed in accordance with
the laws of the State of Iowa. Any dispute arising out of or connected with this legal notice shall be
subject to the exclusive jurisdiction of the courts of the State of Iowa or of the U.S. District Court for the
Southern District of Iowa.
b) Entire Agreement. The Conditions constitute the entire agreement between you and Moment Tracker and govern your use of the Websites,
superseding any prior agreements between you and Moment Tracker with respect to the Website. You will be subject to additional
terms and conditions that will apply when you use Moment Tracker services and products.
c) Waiver and Severability of Terms. The failure of Moment Tracker to exercise or enforce any right or provision of the
Conditions shall not constitute a waiver of such right or provision. If any provision of the Conditions is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other provisions of the Conditions
remain in full force and effect.
d) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to the Conditions must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Issue Date: January 20, 2012
© 2012 Moment Tracker. All Rights Reserved.
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