Effective: June 25, 2017
Acceptance of Terms
Registration and Eligibility
To use Champagne Moments, you are required to register a user and warrant that you provide Champagne Moments with accurate, truthful, and complete registration information, including your full name, username, e-mail address and a password which you will use to access Champagne Moments. You accept that we require you to keep your registration information accurate and up-to-date.
You shall not when registration:
- provide any false personal information to Champagne Moments, (This also includes a false username) or create any account for anyone other than yourself without having the full permission from that person;
- impersonate another person by using their name as your username;
- use a username which is a name that is otherwise offensive, vulgar or otherwise unlawful.
We reserves the right to refuse registration of, or cancel a username in its sole discretion, if we find it needed. You are solely responsible and 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 the other user’s express permission. You promise to immediately notify Champagne Moments in writing ([email protected]) of any unauthorized use of your account, or other account related security breach of which you are aware of.
Notifications and Service Messages
When registering a user on Champagne Moments you agree that we may provide/or send service messages to you via info banners on the smartphone app, or 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.
All Content on Champagne Moments, is the sole responsibility of the person who submitted such Content. Champagne Moments cannot guarantee the authenticity of any Content or data which users may provide about themselves or through the reviews they create. You 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 collectively be referred to as, “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 Champagne Moments. However, you understand and accept that any removed User Content may persist in backup copies for a period of time (backup copies will not be shared with others) or may remain with users who have previously accessed or downloaded your User Content from Champagne Moments.
Rules and Conduct
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 right 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,
- 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.
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.
Limitation of Liability
DEAR USER PLEASE MAKE SURE TO READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CHAMPAGNE MOMENTS TO YOU. EACH OF THE SECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. IF YOU ARE UNSURE ABOUT THESE LIMITATIONS OR ANY OTHER INFORMATION REPRESENTED IN THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING CHAMPAGNE MOMENTS. BY ACCESSING OR USING CHAMPAGNE MOMENTS, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.
NOTHING WITHIN THESE TERMS IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
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, FOR EXAMPLE, IF YOU EXPERIENCE ANOTHER USER MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WHEN USING CHAMPAGNE MOMENTS.
CHAMPAGNE MOMENTS MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH CHAMPAGNE MOMENTS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF CHAMPAGNE MOMENTS HAS ARISEN. THE TOTAL OF SUCH LIABILITY IS LIMITED TO $100.
Choice of law and venue
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.