Get acquainted with the thematically described conditions and cases concerning the use of
Momentum and all the features it gives access to.
“You” means you individually, or the entity that you represent in accepting these Terms of Use. If you are accessing and/or using the Momentum Service on behalf of your employer or as a consultant or agent of a third party (collectively "Your Company"), you represent and warrant that you have the authority to act on behalf of and bind Your Company to these Terms and all references in these Terms to “You”, shall also include Your Company.
“Momentum”, “we”, “our” means [EL MOMENTUM LTD];
“Momentum Service” means the services that are made available by [EL MOMENTUM LTD] on the Platform, including the option to preview and download Momentum Content;
“Platform” means [www.mmtum.io];
“Momentum Content” means the Images, Footage, Sound Effects, and related metadata on the Platform, regardless of who owns the copyright to them;
“Momentum Brand Features” means trademarks, logos, designs, domain names and other protected features which belong to [EL MOMENTUM LTD];
“Subscription” means any of the plans listed at [mmtum.io/pricing], under which you agree to pay regularly in advance to receive access to all or parts of the Momentum Service.
By signing up for, or otherwise using, the Momentum Service, you agree to these Terms. It is therefore your responsibility to read and understand them before using the Momentum Service or accessing any Momentum Content.
Momentum may change these Terms of Use from time to time. Your continued access or use of the Platform constitutes your acceptance of such changes. Your access and use of the Platform will be subject to the current version of the Terms of Use, rules and guidelines posted on the Platform at the time of such use.
You need to create a Momentum account in order to use the Momentum Service. You need to be 18 years old or over to register an account and download content. You represent and warrant that the personal information you give when registering an account is true and accurate, and that you will not share the account with anyone else. One individual may only register one account. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password.
All content on this Platform, including but not limited to Images, Footage, Sound Effects, and related metadata (collectively the "Momentum Content"), as well as the selection and arrangement of the Momentum Content, are protected by copyright laws. Any unauthorized use of any Momentum Content violates such laws and these Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Momentum, Momentum does not grant any express or implied permission to use the Platform or any Momentum Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform or any Momentum Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Platform or Momentum Content. Displaying and/or distributing to the public any watermarked or unlicensed Momentum Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
All Momentum trademarks, trade names, logos, domain names, and any other features of the Momentum brand ("Momentum Brand Features") are the sole property of Momentum or its licensors. These Terms do not grant you any rights to use any Momentum Brand Features.
If you believe that any material made available on the Platform infringes upon any copyright that you own or control, you may notify Momentum at the following email address: problems@mmtum.io. We will investigate the claim and take down the respective content, if necessary.
If you have purchased a Subscription, you have a right to withdraw from it within 14 (fourteen) days from the start of the Subscription. You can withdraw for any reason, but you must pay a proportional fee for the services provided up until the time you tell us that you have changed your mind. You can exercise your right of withdrawal by sending an email to subscriptions@mmtum.io
If you do not exercise your right of withdrawal, you authorize Momentum to charge you automatically each month until you cancel your Subscription. You can cancel your Subscription at any point at [mmtum.io/pricing] and the cancellation will take effect at the end of your current billing period.
Failure to pay for your Subscription, for example by deleting your payment information, will not be seen as cancellation and does not relieve you of the obligation to pay.
All prices/fees in connection to the Momentum Service are subject to revisions. Price increases will be notified at least one (1) month in advance and will take effect from the next billing period. You can therefore cancel your Subscription, before the price increase takes effect.
Momentum reserves the right to suspend or terminate your access to the Momentum Service and/or the Platform without notice, for example if we reasonably believe that you have breached any of these Terms of Use, the Content License Agreement or the Author Terms, if your Subscription payment is past due, if we stop providing the Momentum Service or any material component thereof, or if we believe that is necessary to comply with applicable law.
If Momentum suspends your access to the Momentum Service and/or the Platform, you agree that Momentum shall have no liability or responsibility to you, and Momentum will not refund any amounts that you have already paid.
A suspension will cease when all overdue amounts have been paid, when any breach of applicable terms has been cured or misuse of the Momentum Service has stopped, as may be the case.
Momentum will provide the Momentum Service using reasonable care and skill and in accordance with any specification of the Momentum Service provided by Momentum. However, subject to that, the Momentum Service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Momentum may modify, replace, or discontinue the Platform or any part thereof at any time, for any reason, with or without notice, at Momentum’s sole discretion. Subject to applicable law, you agree that ceasing your use of the Momentum Service is your exclusive remedy for any dissatisfaction with the same.
You agree to indemnify and hold Momentum harmless from and against all damages, losses, and expenses of any kind (including reasonable legal costs) arising out of or related to:
(1) your breach of any of these Terms (as well as any additional Momentum terms and conditions contained in the Content License Agreement, the Author Terms and/or elsewhere on this Platform);
(2) any activity in which you engage through the Momentum Service;
(3) your violation of any law or the rights of a third party.
All disputes, arising from these Terms or related to it, including those arising from or concerning their interpretation, invalidity, performance or termination, shall be referred for resolution to the competent Bulgarian courts in Sofia, Bulgaria.
These Terms of Use are governed by and shall be construed in accordance with the laws of Bulgaria, without respect to its conflict of laws principles.
In the event of any conflict between these Terms of Use and any license agreement you enter with Momentum, the terms of such license agreement shall control.
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Momentum to enforce these Terms or any provision thereof shall not waive Momentum's right to do so.
