Thank you for visiting www.MomentsByDesign.com. We have prepared these Terms and Conditions (the “Terms”) to ensure you understand your rights and obligations and your experience on our website is one you’ll want to repeat again and again. Moments By Design, LLC (“MBD”) provides this site (the “Website”) as a service to its customers. Please review the following Terms, including an Arbitration Agreement, that govern your use of the Website (the “Agreement”). Please note that your use of the Website constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Website. Although you may “bookmark” a particular portion of the Website and thereby bypass these Terms, your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since MBD may revise these Terms at any time, you should visit this page periodically to review the Terms that govern your use of the Website. Should you have any questions concerning these Terms of any of our policies, please contact us at support@momentsbydesign.com.

LEGAL INFORMATION / USE OF THE WEBSITE

The Website is owned and operated by MBD whose mailing address is 14068

Stevens Point Drive, Frisco, TX 75033.

Unless otherwise noted, all content posted on the Website is:

Copyright ©2019 Moments By Design, LLC

If you believe your work has been posted on the Website in a way that constitutes copyright infringement, please follow the DMCA notice and take-down procedure described below.

All design and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Moments By Design, LLC.

MBD is a trademark of Moments By Design, LLC

The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by MBD.

The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of MBD. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. MBD grants a limited, non-exclusive, restricted, non-transferable, non- sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to MBD.

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

INACCURACIES

We endeavor to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a MBD product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, MBD shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MBD shall issue a credit to your credit card account in the amount of the incorrect price.

AVAILABILITY

At MBD, we go out of our way to select and create the kind of memorable merchandise for which the MBD brand is recognized. Please understand that many of the items featured on the Website are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Website again. When an item featured on the Website is no longer in stock, we make every attempt to remove that item from the Website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us by e-mail at support@momentsbydesign.com.

INACCURATE COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

CORRESPONDENCE

Although we will make every effort to respond quickly to applicable e-mail messages, MBD is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding the Website, our merchandise and our services, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to MBD shall become and remain the property of MBD, except as set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission.  We do reserve the right to reply to comments using your screen name.

FORCE MAJEURE

Notwithstanding any other provision contained in these Terms, in the event that the performance of any obligation of MBD is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of MBD, then MBD shall not be responsible to you for any failure or delay in the performance of its obligations. The terms of this clause shall not exempt, but merely suspend, MBD from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

NO ASSIGNMENT

You may not assign your rights or obligations under this Agreement without the prior express written consent of MBD.

INTELLECTUAL PROPERTY

NON-COMMERCIAL USE BY MEMBERS OF My MBD

You may become a member (“Member” or “Members”) of MyMBD, a special area of the Website that we have created for your personal use and enjoyment. Because MyMBD is a highly interactive part of the Website, certain additional rules may apply, depending on how you choose to use your membership. None of the content posted on MyMBD may be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MBD in writing. Any illegal and/or unauthorized use of MyMBD, including collecting usernames and/or e-mail addresses of other Members by electronic or other means for the purpose of sending unsolicited e-mail is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of MyMBD.

ADDITIONAL RULES GOVERNING CONTENT POSTED & CONDUCT ON MY MBD

MEMBER CONTENT

MBD does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Member Content”) that you post to MyMBD. After posting your Member Content to MyMBD, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or through MyMBD, you hereby grant to MBD an irrevocable, fully-paid and royalty-free, non-exclusive, sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content solely on and through MyMBD, the Website, emails and social channels.

The license you grant to MBD is non-exclusive (meaning you are free to license your Member Content to anyone else in addition to MBD), fully-paid and royalty-free (meaning that MBD is not required to pay you for the use of the Member Content that you post), sublicenseable (so that MBD’s affiliates and subcontractors such as Internet content delivery networks are able to provide MyMBD), and worldwide (because the Internet, the Website and MyMBD are global in reach). This license will terminate at the time you remove your Member Content from MyMBD except as to any Member Content that MBD has sublicensed prior to your removal of your Member Content from MyMBD. The license does not grant to MBD the right to sell your Member Content, nor does the license grant to MBD the right to distribute your Member Content other than on MyMBD, the Website, emails or social channels.

You represent and warrant that: (i) you own the Member Content posted by you on or through MyMBD or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Member Content on or through MyMBD does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Member Content posted by you to or through MyMBD.

Content posted by MBD on MyMBD and on the Website (“MBD Content”) is protected by copyright, trademark, patent, trade secret and other laws, and MBD owns and retains all rights in MBD Content and in MyMBD.  MBD hereby grants to you a limited, revocable, non-sublicenseable, royalty-free license to reproduce and display MBD Content (excluding any software code) solely for your personal use in connection with viewing the Website and using MyMBD.

MyMBD and the Website contain Member Content, MBD Content and content licensed by MBD from third parties (“Licensed Content”). You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any BHLDN Content or Licensed Content appearing on or through MyMBD or the Website.

MBD may [edit and/or ]delete any Member Content posted on the Website that, in the sole judgment and discretion of MBD, is undesirable, violates these Terms and/or the purposes of MyMBD or the Website and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity. MBD assumes no responsibility for monitoring MyMBD or the Website for inappropriate Member Content or conduct. If at any time MBD chooses, in its sole discretion, to monitor MyMBD or the Website, MBD nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the User submitting any such Member Content.

You are solely responsible for the Member Content that you post on or through MyMBD, and any material or information that you transmit to other Members of MyMBD or users of the Website and for your interactions with other Members. MBD does not endorse and has no control over any Member Content. Member Content is not necessarily reviewed by MBD prior to posting and does not necessarily reflect the opinions or policies of MBD.

#MyMBD #MyMomentsByDesign

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #MyMBD, #MyMomentsByDesign or other MBD brand hashtags, you grant to Moments By Design, LLC. and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your MBD-tagged User Submissions in any manner to be determined in MBD’s sole discretion, including but not limited to on its webpages, emails, social media pages operated by MBD, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. MBD may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law.

CONTENT/ACTIVITY PROHIBITED

The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through MyMBD.  MBD reserves the right to investigate and take appropriate legal action against anyone who, in MBD’s sole discretion, violates this provision, including without limitation, removing the offending communication from MyMBD and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of MBD:

• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• criticizes any business or individual
• harasses or advocates harassment of another person or entity;
• exploits any person in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone [under 18];
• promotes information that the Member knows is false or misleading and/or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person’s or entity’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Members of MyMBD or users of the Website;
• involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent.

Certain activities as set forth below are prohibited on MyMBD and the Website. MBD reserves the right to investigate and take appropriate legal action against anyone who, in MBD’s sole discretion, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:

• criminal activity, including, but not limited to, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• any automated use of the system, such as using scripts to add friends or send comments or messages;
• interfering with, disrupting, or creating an undue burden on MyMBD, the Website or the networks or services connected to MyMBD and/or the Website;
• attempting to impersonate another Member, user of the Website or any other person;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
• selling or otherwise transferring your profile, without permission from MBD;
• using any information obtained from MyMBD or the Website in order to harass, abuse, or harm any person or entity;
• displaying an advertisement on your profile, or accepting payment or anything of value from a third person or entity in exchange for your performing any commercial activity on or through MyMBD or the Website on behalf of that person or entity, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.

COPYRIGHT POLICY FOR MYMBD AND THE WEBSITE

You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of MBD to terminate the privileges of any Member or user of the Website who infringes the copyright rights of others upon receipt of prompt notification to MBD by the copyright owner or the copyright owner’s legal agent.

DMCA Notice & Take-down Procedure

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) a description of where the material that you claim is infringing is located on the Website;

(iv) your address, telephone number, and e-mail address;

(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use;

(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

MBD can be reached for notice of claims of copyright infringement as follows:

• by e-mail at dmca-notice@momentsbydesign.com
• by mail at 14068 Stevens Point Drive, Frisco, TX 75033

IMPORTANT! PLEASE NOTE:

YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:

“DMCA NOTICE OF INFRINGEMENT”

IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ.

Member Disputes

You are solely responsible for your interactions with other Members of MyMBD and other users of the Website. MBD reserves the right, but has no obligation, to monitor disputes between you and other Members or other users of the Website.

Privacy 

Use of MyMBD is also governed by our Privacy Policy, located on the Website and incorporated into these Terms by this reference. www.momentsbydesign.com/privacy-policy

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and to provide only acceptable Member Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

MISCELLANEOUS

BINDING NATURE

Your membership and use of MyMBD and your use of the Website constitute your acceptance of these Terms, and your continued membership and use confirm that acceptance.

ENTIRE UNDERSTANDING

These Terms constitutes the entire agreement between you and MBD regarding the use of the MyMBD and the Website.

NO WAIVER

Any failure of MBD to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

HEADINGS

The section titles in these Terms are for convenience only and have no legal or contractual effect.

SEVERABILITY

If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be valid, binding and enforceable.

VIOLATIONS OF TERMS.

Please report any violations of these Terms to us by e-mailing us at support@momentsbydesign.com

.

Effective Date: May 1, 2019