1.2 PLEASE READ THESE TERMS CAREFULLY.
1.3 These Terms are applicable to each user (“you”) of the Service or any part thereof.
1.4 If you accept these Terms at the time of the registration of your Account or if you actually use the Service or any part thereof, you are deemed to have accepted these Terms.
1.6 Momzie may ask you to review and accept other or Momzie’s supplemental terms that apply to your use of other products, services, applications or Content (as defined in Section 7). To the extent those other or supplemental terms conflict with these Terms, the other or supplemental terms will prevail over these Terms with respect to your use of such other products, services, applications or Content, to the extent of the conflict.
1.7 The Service and/or the Content may contain links to other sites. Such links to third party sites do not constitute an endorsement by Momzie of any third party resources or their contents.
1.8 Momzie may allow the creation of an Account or log in into the Service by using a third party service (such as Facebook) (“Third Party Service”). By allowing the creation of an Account or log in by using the Third Party Service, Momzie does not assume liability for the Third Party Service or any aspect of the same.
1.9 Please note that as the Service is, for coyness reasons, meant for moms or moms-to-be only, the use of the Service is thus restricted to women only, and women only are eligible to register an Account.
1.10 Please note that you have to be at least 16 old to be eligible to register an Account. If you are under 16, you are not allowed to register an Account or use the Service.
2.1 The Service and its functionalities are described in the Service description of the Service, as amended by Momzie from time to time.
2.2 Please note that Momzie may change the Service and any aspect of the same at any time.
2.3 Account holders can submit content (for example texts, content of conversations, messages, comments and photographs) to the Service according to the then current functionalities of the Service. Please note that Momzie does not and cannot review all content submitted by users to the Service and that Momzie is not responsible for such content.
3. Your data
3.1 In these Terms, the content (for example texts, conversations, messages, comments and photographs) or information which you submit to the Service, link to the Service or otherwise make available via the Service is called “Your Data”. If you are a registered Account holder, you can submit Your Data to the Service.
3.4 It is important that you to understand that by submitting information or Your Data, no confidential, fiduciary or contractually implied or other relationship is created between you and Momzie, other than pursuant to the Terms. This means, for example, that when you submit Your Data to the Service, no compensation is payable to you.
3.6 Please note that for the purpose of the provision of the Service (such as to technically manage the Service, develop the Service or correct errors), Momzie or its subcontractors might be able to see the content of private conversations within the Service. Momzie and its subcontractors are committed to secrecy with respect to such conversations and may not disclose them except if necessary to satisfy a requirement in any law or regulation.
3.7 You agree not to take action against Momzie in relation to Your Data, if Momzie uses Your Data in compliance with these Terms.
3.8 Please note that Your Data will not be returned, so it is advisable that you maintain a copy of Your Data.
4. Your commitments
4.1 For the sake of security, Momzie needs the users of the Service to commit to certain rules. You represent and warrant:
(a) you own Your Data or you have the right to submit it to the Service and to grant the rights as set out in these Terms;
(b) submitting or publishing of Your Data does not violate privacy rights, publicity rights, copyrights or other rights of any person or third party;
(c) Your Data does not contain anything that is malicious, unlawful, libelous, defamatory, indecent, obscene, vulgar, offensive or threatening, does not incite violence or and does not contain nudity and is not otherwise unfit for publication;
(d) Your Data does not constitute or encourage conduct that would constitute a criminal offense;
(e) you have used reasonable efforts to scan and remove viruses or other harmful material before submitting Your Data;
(f) Your Data does not contain commercial communications (such as spam) and you do not use the Service for commercial purposes;
(g) you do not collect the Content or use the Service by using automated means, such as robots or spiders;
(h) all information submitted by you concerning your identity is true and complete; you do not use the Service for unlawful purposes or for the promotion of illegal activities;
(i) you do not use another user’s Account;
(j) you do not interfere or attempt to interfere with the proper functioning of the Service;
(k)you do not take any action that imposes an unreasonable or disproportionately large load on servers or network infrastructure; and
(l) you do not bypass any robot exclusion headers or other measures we take to restrict access to the Service.
5. Monitoring, moderation and disclosure
5.1 Momzie may deny publishing content submitted by users and may remove such content, including but not limited to Your Data. Momzie may monitor and filter, at its discretion, Your Data. Momzie may remove and block Your Data from the Service.
5.2 Momzie may also allow moderators and/or administrators of groups to remove Your Data from the Service or you from the group and every user of the Service to report misconduct to Momzie. Momzie is not liable for actions or omissions of these moderators, administrators and/or users, as they are users of the Service and not employees of Momzie.
5.3 You understand and agree that Momzie may be obligated to disclose Your Data as necessary to satisfy a requirement in a law or regulation.
6. Charges, devices and connections
6.1 The Service is currently free of charge to you. Please note that you must at your expense acquire and maintain your devices and connections that are required to access and use the Service. For example, the functioning of the Service may require certain operating system(s) of mobile devices and the updating thereof. Momzie may change such requirements at any time.
6.2 You are also responsible for your telecommunications fees, such as text messaging fees and data charges.
7. Intellectual property rights and feedback
7.1 Title and any and all intellectual property rights in and to the Service, as well as all Momzie’s and third parties’ materials, content and information therein (“Content”), as well as any and all modifications, updates and new versions of the same, belong to Momzie or its licensors.
7.2 However, you or your licensors retain ownership in Your Data.
7.3 Momzie appreciates feedback. You acknowledge that if you provide feedback or other suggestions to Momzie, Momzie has an irrevocable and perpetual right (without any obligation to compensate you) to use such feedback and suggestions for any purposes, including but not limited to use in the development and management of the Service, and to share them with third parties.
8. Your right to use
8.1 Reproduction, transfer, distribution, use or storage of the Service or any part of thereof in any form without the prior written permission of Momzie is prohibited, except in accordance with these Terms.
8.2 Subject to your compliance with these Terms, Momzie grants you a non-exclusive, non-transferable, non-sublicensable and revocable right to: (i) use the Service on your mobile device in your own private use in accordance with the applicable usage documentation published by Momzie at the time of use and (ii) install one copy of the Application on your mobile device and use the Application to access the Service.
8.3 Momzie’s or its licensors’ trademarks or copyright or other proprietary rights notices affixed to or contained in the Service or the Content may not be removed, damaged, obscured or altered.
8.4 Except as explicitly granted in these Terms, you may not attempt or knowingly permit or encourage any third party to: (i) disassemble, decompile or otherwise attempt to reverse engineer the Application or any software used to provide the Service, or otherwise attempt to derive source code, structure, algorithms or technology underlying or contained in the Application or such software; (ii) copy, alter, modify or create derivative works of the Service or any part thereof or combine or embed the Service or any part thereof as part of any other service, site or other work or (iii) transfer, rent, lease, loan or provide access to the Service or any part thereof.
You are required to maintain your Account login ID and password diligently and you may disclose them to third parties. You are required to notify Momzie immediately if you have reason to suspect that anyone else knows your Account login ID or password. You are responsible for the use if anyone is using your login ID and password. You are required to change your password and/or login ID when requested by Momzie.
10. Changes and availability
10.1 Please note that Momzie may change, suspend or discontinue the Service or any aspect of the same at any time, including the availability of any Content.
10.2 Momzie may change the technical requirements of the Service at any time. Please note that such changes may require changes in your mobile device, data connections and/or software, if you wish to continue to use the Service after such changes.
10.3 Please note that you are not entitled to compensation for any disruption or unavailability of the Service or any part thereof (such as the Application) due to any reason.
11. No warranties
11.1 MOMZIE DOES NOT REPRESENT, WARRANT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT OR INFORMATION DISPLAYED OR DISTRIBUTED IN OR THROUGH THE SERVICE.
11.2 MOMZIE DOES NOT ASSUME LIABILITY FOR ANY THIRD PARTY ADVERTIZEMENTS OR OTHER THIRD PARTY CONTENT DISPLAYED OR DISTRIBUTED IN OR THROUGH THE SERVICE.
11.3 MOMZIE IS NOT A SUPPLIER OF AND DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THIRD PARTY PRODUCTS OR SERVICES ADVERTIZED OR PROMOTED IN OR THROUGH THE SERVICE, OR FOR THE RELATED MERCHANT DEALS. YOU SHALL CONTACT THE PROVIDERS OF SUCH PRODUCTS AND SERVICES AND MERCHANT DEALS IN ALL QUESTIONS AND CLAIMS RELATED TO SUCH PRODUCTS, SERVICES AND MERCHANT DEALS.
11.4 THE CONTENT AND THE SERVICE AND ANY PART THEREOF, AND ANY FUNCTIONALITIES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE ARE PROVIDED "AS IS." MOMZIE DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO AVAILABILITY OF THE SERVICE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PURPOSE. MOMZIE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
11.5 If the applicable law does not allow exclusion of certain warranties, the above exclusions may not apply to you. The liability of Momzie is in such case limited to the greatest extent permitted by law.
12. Limitation of liability
12.1 MOMZIE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, SUCH AS LOSS OF PROFIT, LOSS OF GOODWILL OR LOSS OF DATA. MOMZIE’S AGGREGATE MAXIMUM LIABILITY ARISING OUT OF THE SERVICE, THE CONTENT OR ANYTHING ELSE COVERED BY THESE TERMS WILL NOT EXCEED THE GREATER OF FIFTY EUROS (50 €) OR THE AMOUNT YOU HAVE PAID MOMZIE FOR THE SERVICE DURING THE PAST TWELVE MONTHS.
12.2 If the applicable law does not allow certain limitations of liability, the above limitations of liability may not apply to you. The liability of Momzie is in such case limited to the greatest extent permitted by law.
13.1 You understand and agree that that Momzie may deny your access to your Account, terminate your right to use the Service, remove your Account and/or cease the provision of the Service to you without any liability at any time. This can happen, without limitation, if Momzie suspects that Your Data or an action taken by using your Account is not in compliance with the Terms. Momzie will notify you or you will receive a notice the next time you attempt to access your Account.
13.2 You may cease the use of the Service and your Account at any time. You may cease the use of the Application and uninstall the Application at any time.
Notices must be made in written form such as by email. Momzie may also make notifications to you in the user interface of the Service, in the private your or to other contact addresses or numbers given by you to Momzie. You are responsible for that your contact information is up-to-date.
The provisions in these Terms relating to intellectual property rights, disclaimers of warranty, limitations of liability and this Section “Miscellaneous” shall survive even if your Account is removed. Also, any other provisions which by their nature contemplate effectiveness beyond the termination, shall survive the termination.
If any provision of the Terms is found to be contrary to law, other provisions of the Terms will remain in full force and effect. The Terms shall be interpreted so as to best accomplish the objectives of the original provision.
No failure by Momzie in exercising any right, power or remedy under these Terms shall operate as a waiver of any such right, power or remedy.
14.5 Assignment of Rights and Subcontractors
You may not assign your rights or obligations subject to the Terms to a third party, without the prior written consent of Momzie. Momzie may assign its rights and obligations under the Terms without your consent to any third party. Momzie may use subcontractors.
14.6 Amendment of Terms
Momzie may amend these Terms at any time by notifying you thereof. You accept the amended Terms if you continue to use the Service after the notification or if you otherwise accept them. If you do not accept the amended Terms, Momzie might not be able to provide you with the Service or that may result in a declined level of the Service.
14.7 Force Majeure
Momzie is not liable for delays, defects or damages that are caused by factors due to an impediment beyond Momzie’s reasonable control, which Momzie cannot reasonably be deemed to have taken into account at the time of the conclusion of the commitment and the consequences of which Momzie could not reasonably have avoided or overcome. Such events of force majeure shall include, without being limited to, natural disasters, unusual weather conditions, fire, earthquakes, terrorist attacks, breakdown of electricity or networks, failures in Internet and other public networks or data traffic, security attacks, strikes and other labor disputes or acts of government or authorities. A labor dispute shall be considered a force majeure event also if Momzie is the target or a party to such an action. Force majeure events suffered by Momzie’s subcontractors are also deemed as force majeure events.
14.8 Governing Law and Dispute Settlement
The Terms shall be construed in accordance with the laws of Finland, excluding its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Terms and any issues covered by the Terms shall be a competent Finnish district court. Momzie may also take legal actions in courts where you have domicile or your habitual residence.
If you are a consumer in the meaning of Finnish consumer legislation, you are informed of an out-of-court dispute resolution body:
Consumer Disputes Board
P.O. Box 306
00531 Helsinki, Finland
tel. +358 29 566 5200
fax: +358 29 566 5249
Updated on 13th Feb 2017