Terms of Use App

Effective: December 15, 2018

Dear user make sure that you read these terms of use carefully before using Champagne Moments. These terms of use are the legally binding terms and conditions for your use of the Champagne Moments Services, hereby including but not limited to the Champagne Moments App. From now on this service will be referred to as the “App”.

Accepting the terms

When registering for and/or using the App in any way you agree to all of the terms and conditions contained within these Terms of Use. This includes all policies, operating procedures and rules that we (Champagne Moments) may publish at any time at our sole discretion on Champagne Moments. All terms, rules and policies may be occasionally updated by Champagne Moments at our sole discretion without noticing you, in accordance with the conditions in the section “Modification of Terms of Use” below. These Terms of use apply to all users.

Registration, User updates and Eligibility

To use Champagne Moments, you are required to register a user and warrant that you provide Champagne Moments with correct, precise, accurate, truthful, genuine, and complete registration information, including but not limited to your username, e-mail address and a password, all of which you will use to gain access to the champagne moments app. You furthermore accept that we require you to keep this information accurate and up-to-date. These terms also applies to all activities concerning editing and updating your personal user settings hereby including but not limited to (Username, email, password, biography, profile images (Profile images, cover images and all image content associated with a users profile)).

You shall not when registering and or updating your account:

  • Use and or provide inaccurate and or false personal information to champagne moments.
  • Register and thereby create a new account for another person if that person is not yourself, without acquiring and thereby possessing that persons full permission to do so.
  • Impersonate another person by using their name as your username
  • Use a username which in any way can be regarded as offensive, vulgar and or unlawful.
  • Upload images to your personal profile and or to the champagne moments platform in general which are offensive, vulgar, unlawful and or pornographic.

At all time do Champagne Moments reserves the right to decline a registration of, or even cancel any user information provided hereby including but not limited to, username, email, biography at our sole discretion if we find it needed. You are entirely liable for all activities that/ or may occur(s) on your account. Therefore you also have the responsibility for maintaining the confidentiality of your password on Champagne Moments. You agree that you never will use another user’s account without that other user’s clear and stated permission. You promise to instantly notify Champagne Moments in writing ([email protected]) of any unauthorized use of your account that you are aware of. You will also immediately notify Champagne Moments of any other account related security breach that you are aware of.

Prohibition of use

When registering to the Champagne Moments App, if you are an individual, you warrant that you are of a legal age to form a binding contract. If the registration is on behalf of an organization or any other entity through you, you also warrant that you are authorized to enter and bind that entity or organization to, this Terms of Use, and all other policies regarding use of the App. It is also your exclusive responsibility ensuring that these Terms of Use are in compliances all regulations, laws and rules which may be applicable to you. If you in any way are in a circumstance where the Terms of use are prohibited by such rules, regulations or laws or the Terms of Use in any other way is prohibited, you agree to seas halt all use of the App in any way possible. It is a Champagne Moments sole discretion to decline the App to any entity or person and may likewise change all eligibility criteria at any time at our sole discretion.

Service Messages

When registering a user on Champagne Moments you agree that we may provide/or send service messages on the smartphone app, or in an email sent to the address you provided, or through other means. Remember that it’s your responsibility to maintain your personal information. If such personal information is not up to date, you will miss out on these service messages which may affect your use of Champagne Moments.

Content

All Content (Excluded content provided by Champagne Moments and its partners see section “Intellectual property” below) on Champagne Moments, is in its entirety the responsibility of the person who submitted the Content. Champagne Moments cannot warrant the authenticity of any Content or data, hereby including but not limited to Reviews, Ratings, Comments and personal information which users may provide. You confirm acknowledge that all Content accessed by you when using Champagne Moments is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

Content created or submitted to Champagne Moments by users will from now on respectively referred to as, “User Content.”

Intellectual Property

Some of the content on the App is provided by Champagne Moments and often more specifically by its partners. Such content is protected by all applicable laws regarding trademarks, copyrights, trade secrets and all other rights and laws which is currently in effect on such content. You accept to follow and uphold all such laws when using the App.

User Content

When submitting User Content on Champagne Moments, you hereby do and shall grant Champagne Moments a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with Champagne Moments, including without limitation for promoting and redistributing parts or all User Content in any media formats and through any media channels (including, without limitation, third party websites and feeds).

You represent and warrant that you have all rights to grant such license to Champagne Moments without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information posted on Champagne Moments is the sole responsibility of the person who submitted such Content; that Champagne Moments will not be liable for any errors or omissions in any Submitted Content; and that Champagne Moments cannot guarantee the identity of any other users with whom you may interact with during your use of Champagne Moments.

You have the possibility to delete your User Content when deleting a User Submission our system immediately removes it from any access on the App which effectively means it is not or will ever be available in the App. However, you understand and accept that any removed User Content persists in the system as historical events.

Rules and Conduct

When registering you promise not to use Champagne Moments for any purpose that is forbidden by these Terms of Use. Furthermore, you understand that you are responsible for all activity in connection with the use of Champagne Moments.

YOU AGREE NOT TO, AND WILL NOT ASSIST, ENCOURAGE, OR ENABLE THIRD PARTY TO USE CHAMPAGNE MOMENTS TO:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or violates any law or contractual duty;
  • Submit Content you know is false, misleading, untruthful or inaccurate;
  • Submit Content which is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Champagne Moments in its sole discretion;
  • constitutes unauthorized or unsolicited advertising;
  • Submit software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information from Champagne Moments;
  • impersonates any person or entity, including representative of Champagne Moments;
  • includes anyone’s identification documents or sensitive financial information;

You shall not:

  • take any action that imposes or may impose (as determined by Champagne Moments in its sole discretion) an unreasonable or disproportionately large load on Champagne Moments infrastructure;
  • interfere or attempt to interfere with the proper working of Champagne Moments or any activities conducted on Champagne Moments;
  • run any form of auto-responder or “spam” on Champagne Moments;
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of Champagne Moments;
  • harvest or scrape any Content from Champagne Moments; or
  • otherwise, take any action in violation of Champagne Moments guidelines and policies.

You shall not (directly or indirectly):

  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of Champagne Moments
  • modify, translate, or otherwise create derivative works of any part of Champagne Moments, or;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

You shall abide by all applicable local, state, national and international laws and regulations.

Champagne Moments has no obligation to monitor, Content, or User Content. However, Champagne Moments reserves the right to:

  • remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason or for no reason at all and
  • to remove, suspend or block any User Content.

Champagne Moments also reserves the right to access, read, preserve, and disclose any information as Champagne Moments reasonably believes is necessary to:

  • satisfy any applicable law, regulation, legal process or governmental request,
  • enforce these Terms of Use, including investigation of potential violations hereof,
  • detect, prevent, or otherwise address fraud, security or technical issues,
  • respond to user support requests, or
  • protect the rights, property or safety of Champagne Moments, its users and the public.

Termination

We may terminate your access to Champagne Moments without prior notice or liability and without notice, effective immediately, including without limitation if you breach the Terms of Use. If you personally wish to terminate your account, you may do so by following the instructions on Champagne Moments. If you choose to terminate your account everything within these Terms of Use shall survive the termination, including, without limitation, the ownership provisions you have granted Champagne Moments, indemnity and limitations of liability.

Warranty Disclaimer

Your use of the App is at your sole risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis. The Champagne Moments is safe to the extent required by law. You acknowledge and accept that Champagne Moments has no control over, and no duty to take any action regarding:

  • which users that gains access to and use Champagne Moments;
  • what User Submitted content you access via Champagne Moments;
  • the effects the User Submitted Content may have on you now or in the future;
  • how you choose to interpret or use the User Submitted content;
  • or what actions you may take as a result of having been exposed to the User Submitted content.

You release Champagne Moments from all liability for you having acquired User Submitted content through Champagne Moments. Champagne Moments is all about the unique moment that occurs when enjoying champagne with others nevertheless Champagne Moments may contain information that you and other people may find offensive or inappropriate. Champagne Moments makes no representations concerning any submitted content, and Champagne Moments will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Champagne Moments.

CHAMPAGNE MOMENTS AND ASSOCIATED DO NOT WARRANT THAT: (i) CHAMPAGNE MOMENTS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (ii) ANY ERRORS WILL BE CORRECTED; (iii) CHAMPAGNE MOMENTS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY AFFECT YOU; (iv) CHAMPAGNE MOMENTS MEET YOUR EXPECTATIONS AND REQUIREMENTS.

Indemnification

You understand and accept that you shall defend, indemnify, and hold harmless Champagne Moments and all other representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the App and or Champagne Moments or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Limitation of Liability

In no event shall Champagne Moments IVS, nor its directors, employees, partners, agents, representatives, suppliers, content providers or affiliates be responsible or liable for any indirect, incidental, negligence, strict liability, tort, punitive damages, or any other legal or equitable theory, including but not limited to:

  • Your access to or use of or inability to access or use the App
  • Indirect or consequential losses or damages
  • Loss of revenue
  • Loss of goodwill
  • Loss of data
  • Loss of anticipated savings
  • Wasted expenditure
  • Any content obtained from the App

Champagne Moments make no claims or promises with respect to the users and their content. Champagne Moments are not liable to you for any loss or damage that might arise from other users actions, including but not limited to other users misuse of your content, identity or personal information.

Governing Law

Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is considered to be invalid or unenforceable by a court, the remaining of the Terms of Use will remain in effect. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located in Copenhagen, Denmark.

Modification of Terms of Use

Champagne Moments reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue Champagne Moments. This also includes without limitation, the availability of any feature, database, or User Content at any time, by posting a service message (as defined in Service Messages). We also reserve the right to limit certain features or restrict your access to parts or all of Champagne Moments without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. By continuing to access or use our App after such changes take effect constitutes your agreement and acceptance of such changes.

Contact

If you have any questions feel free to contact us at the following address:

[email protected]

Champagne Moments IVS
Birk Centerpark 40
DK-7400 Herning
Denmark