InMoment offers end users (“Users”) the ability to access information, data, and other content (“Content”), as well as online product and services review information, survey research functionality, User collaboration features, and other interactive functionality and services (“Services”) available through InMoment’s online platform (the “Platform”).
- Account Authority. If you are an organization, then the individual who establishes your Account (the “Account Authority”) will have control over your Account. If you are an individual, then you will be the Account Authority for your Account, unless you designate a different Account Authority as specified below. InMoment may deem the Account Authority to have full authority for all decisions relating to your Account, including: (a) addition or removal of Users; (b) permissions to access your Account; (c) disputes regarding your Account; (d) notices and other communications relating to your Account; and (e) any other decisions that may be required regarding your Account. There must be one and only one Account Authority for each Account at all times. The initial Account Authority must be designated in the initial request to establish an Account. If an initial Account Authority is not designated, the individual requesting to establish an Account shall be deemed the initial Account Authority for that Account. The Account Authority may be changed: (i) by an email sent to InMoment from the registered email address of the current Account Authority; (ii) by bona fide legal written notice provided to InMoment by one of your corporate officers; or (iii) as separately directed and acknowledged by InMoment. It is your responsibility to properly designate a new Account Authority whenever appropriate. In the event of a dispute where multiple persons claim to be the rightful Account Authority, InMoment reserves the right, at its sole discretion, to: (1) suspend all access to your Account until an Account Authority is properly designated to InMoment’s sole satisfaction; or (2) terminate your Account and delete your Registration Information.
- To Other Users. The Platform may allow you to link, connect, or otherwise communicate with other Users through the Platform. By linking, connecting, or communicating with other Users, you are agreeing to allow those Users to communicate directly with you through the Platform. You agree that you are solely responsible for all communications between you and any other User through the Platform. Your extension or acceptance of a link, connection, or other communication with another User will serve as your affirmative “opt in” to the disclosure of any of Your Content or other data or information (which may include your personal information) that you provide to that other User.
- To InMoment Events. You may be permitted to attend certain events hosted by Maritz on behalf of a third party, which may be a client of InMoment (“Maritz Events”). In order to host such InMoment Events, InMoment may receive certain personal information about you from its clients and other third parties. InMoment may use such information combined with the Registration Information from your Account for any business purpose related to InMoment Events. Your submission of such information to InMoment will serve as your affirmative “opt in” to the disclosure of such information to InMoment’s clients, vendors, service providers, and exhibitors related to such InMoment Events.
- To Social Media Features. The Platform may provide certain social media features that enable you to link certain Content available on the Platform to third-party social media sites or cause limited portions of Content available on the Platform to appear on third-party social media sites. You may use these social media features only as they are provided by InMoment, solely with respect to the Content as it is displayed on the Platform, and otherwise in accordance with any additional terms and conditions provided by InMoment with respect to such social media feature. InMoment may disable all or any social media features and any links at any time without notice in InMoment’s sole discretion.
- Platform Technology. The Platform, and the databases, software, hardware and other technology used by or on behalf of InMoment to operate the Platform, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology“), constitute valuable trade secrets of InMoment. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms and Service; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; (9) interfere with the operation or hosting of the Technology; or (10) introduce any viruses, Trojan horses, worms, logic bombs or other material into the Platform that is harmful to the Platform or Technology.
- InMoment Marks. The InMoment name and logo, and all names and logos displayed on the Platform, through the Services, or in any Content, are trademarks or service marks of InMoment and its subsidiaries, divisions, and third party providers. You are granted no right or license to use any such trademarks or service marks. Any use of such trademarks or service marks without InMoment’s express written consent is strictly prohibited.
- REPRESENTATIONS AND WARRANTIES.
- Compliance with Laws. You acknowledge that the Platform is a general purpose online service and is not specifically designed to facilitate compliance with any specific Law. You represent and warrant to InMoment that your use of and access to the Platform or any Content or Services, will comply with all applicable Laws and will not cause InMoment itself or any other third party to violate any applicable Laws. InMoment is not responsible for notifying you of any such Laws, enabling your compliance with any such Laws, or for your failure to comply with any such Laws.
INMOMENT AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (a) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; (e) THE PLATFORM WILL NOT INCLUDE ANY TYPOGRAPHICAL OR OTHER ERRORS; OR (f) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. ANY CONTENT OR SERVICES OBTAINED THROUGH THE USE OF THE PLATFORM IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- Feedback. If you provide InMoment any feedback or suggestions regarding the Platform or any Content or Services (“Feedback”), you hereby assign to InMoment all rights in the Feedback and agree that InMoment shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. InMoment will treat any Feedback you provide to InMoment as non-confidential and non-proprietary. You agree that you will not submit to InMoment any information or ideas that you consider to be confidential or proprietary.
- Claims of Infringement. InMoment respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Platform without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:
Please provide the following information to the InMoment Copyright Agent: (1) the identity of the allegedly infringing work; (2) your name, address, daytime phone number, and email address, if available; (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature. InMoment will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Platform.
- LINKED SITES. The Platform or any Content or Services may contain links to third-party Platforms or content that are not under the control of InMoment. If you access any third-party sites or content from the Platform or any Content Services, then you do so at your own risk and InMoment is not responsible for any content on any linked site. You may establish a link to the Platform, provided that the link does not state or imply any sponsorship or endorsement of your site by InMoment. You may not frame or otherwise incorporate into another site the Content or other materials on the Platform without InMoment’s prior written consent.
Supplemental Terms for Apple
Notwithstanding anything set forth above, if you obtained a license to the Application through the Apple App Store, the following additional terms and conditions apply.
- Maintenance and Support: You acknowledge that Apple will not have any obligation whatsoever to provide any maintenance or support with respect to the Application.
- Product Claims: Both parties hereto agree that InMoment, not Apple, is responsible for addressing any claims made by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: Both parties hereto acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, InMoment, not Apple, will solely be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on a U.S. Government list of prohibited or restricted parties.
- Third Party Terms of Agreement: You must comply with all applicable third party terms of agreement when using the Application, e.g., you must not be in violation of your wireless data service when using the Application.