- By using the KeyMoments.com web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
KeyMoments reserves the right to update and change Terms of Service with notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://keymoments.com/tos/
Violation of any of the terms below will result in the termination of your Account. While KeyMoments prohibits such conduct and Content on the Service, you understand and agree that KeyMoments cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You must be 18 years or older to become a member.
2. Business Memberships: You must be a business, specifically in the business listed.
3. Subscriber Memberships: That you will not post, transmit, broadcast or otherwise make available any Content that is unlawful, misleading, harmful, bigoted, offensive, profane, insensitive, obscene, tortious, libelous, pornographic, threatening, abusive, harassing, tortious, defamatory, vulgar, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (hereinafter, “Offensive Content”);
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
5. You must provide your legal full name (first and last), a valid email address, and any other information requested in order to complete the registration process.
6. You are responsible for maintaining the security of your account and password. KeyMoments cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
8. One person or legal entity may not maintain more than one account without express consent granted by KeyMoments
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required for paying accounts. You will be billed every 30 days or 365 Days.
2. The Service is billed in advance on either a monthly or annual basis every 30 days or 365 days and is non-refundable. Cancellations are effective immediately. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions can be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. Cancelling of Service may cause the loss of Content, features, or capacity of your Account. KeyMoments does not accept any liability for such loss.
Suspension, Cancellation and Termination
1. You are responsible for properly canceling your account if desired. You may contact Keymoments for help with this process if needed. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
2. All of your Content will be retained on the KeyMoments servers. This information can be recovered in the future if you reactivate your account. Requests for complete account deletion along with uploaded media and information must be submitted to email@example.com
3. If you suspend the Service before the end of your current paid up month, your suspension will take effect at the end of your current billing cycle and you will not be charged again.
4. KeyMoments, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. KeyMoments reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Services and Prices
1. KeyMoments reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the KeyMoments site, http://keymoments.com, or the Service itself.
3. KeyMoments shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. All content posted on the Service must comply with U.S. copyright law.
2. We claim no intellectual property rights over any material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Keymoments.
3. Keymoments does not pre-screen Content, but KeyMoments reserves the right (but not oblegated) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright 2015-2017 KeyMoments. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from KeyMoments.
1. As a KeyMoments member all images and video you upload to your profile belong to you (or the respective copyright owners).
2. KeyMoments reserves the right to use media you upload, including but not limited to your profile portfolio images and submissions to the KeyMoments Blog (http://Keymoments.com/blog) in marketing the KeyMoments website and brand across both offline and online materials and channels including 3rd party blogs, sites, forums, and social networks.
3. Media is always attributed with credit either on photo wherever possible with space and usage format permitting,
- KeyMoments reserves the right to use certain member activities and properties including but not limited to images of your profile, interactions with KeyMoments on social media (e.g. Facebook, Twitter, Instagram, Pinterest, and Google Plus) and email for purposes of marketing and public relations, including but not limited to advertising copy, testimonials, and creative images.
5. You may opt out of the above if you notify us explicitly that you do not wish your media or membership activities to be used in any or all of the ways described in this Media Rights section.
1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is provided and available via email and phone.
3. You understand that KeyMoments uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or KeyMoments.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by KeyMoments.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KeyMoments customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. KeyMoments does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that KeyMoments shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KeyMoments has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
12. The failure of KeyMoments to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and KeyMoments and govern your use of the Service, superseding any prior agreements between you and KeyMoments (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to support at firstname.lastname@example.org