Terms of service
TERMS AND CONDITIONS
Here's an overview of our terms for Opin Interactive LLC dba MOMNTFrames.com. We highly recommend that you read our complete legal document below because that's the one that really counts. However, if you're more of a 'give me the highlights' kind of explorer, we've got you covered with the no-nonsense, plain English version below.
Dispute Resolution: Any disputes must be resolved by arbitration. Under the Arbitration Agreement set forth below, any claims that you may have against Opin Interactive LLC dba MOMNTFrames.com or that Opin Interactive LLC dba MOMNTFrames.com may have against you shall solely be adjudicated in an arbitration proceeding under the auspices of the American Arbitration Association (AAA).
Ownership of Your Pictures You still own all the pictures you order from us. You keep the copyright to all of your images. We won't sell them, share them, or use them for anything other than getting your prints delivered to you.
Data Deletion We delete all your pictures, or images, from our systems on the last day of the calendar month following a 30 day hold after upload and/or purchase.
Content Guidelines You agree not to order any pictures you don't own, or any pornography or discriminatory content. There are lots of people involved in the printing process, so we can't print any images with nudity or offensive content. We also can't print pictures that you don't have the right to use. If you do send us a picture that doesn't belong to you and we are sued by the rightful owner, you'll be responsible for all related costs.
Customer Support If there's a problem with your frames or prints or if there are any other issues, just send us an email to hi@momntframes.com or a chat. We'll do our best to get it all sorted out.
The Actual Terms of Service
The following Terms of Use are entered into by and between You and Opin Interactive LLC (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of MOMNTFrames.com, including any content, functionality and services offered on or through MOMNTFrames.com (the “Website”), whether as a guest or a registered user.
Opin Interactive LLC dba MOMNTFrames.com allows users in the United States to upload images and/or pictures ("Images") to our website ("Site") in order to (1) print those Images on a Vinyl Print ("Print(s)"), or (2) receive our “Bundle Package” product offering (“MOMNT Frames” and, together with the Tiles, collectively, the “Products”).
If you are a user in the United States, you are contracting with Opin Interactive LLC dba MOMNTFrames.com. These Terms of Service ("Terms") govern your access to and use of the website and services available through the website ("Services"). Our Privacy Notice, available at https://themomnt.com/privacy-notice, governs our collection, processing, and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any adult user of the Website or Services or any parent or guardian of any minor whom you allow to use the Website or the Services, and for whom you will be held strictly responsible.
Please read these Terms carefully. By clicking on the button marked "I agree," you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the App or Services.
Dispute Resolution; Arbitration; Class Action Waiver; and Arbitration Agreement
Please read this section carefully. It affects your rights. It requires you to arbitrate disputes with Opin Interactive LLC dba MOMNTFrames.com and limits the manner in which you may seek relief. It further provides that you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action. This section of the Terms shall be referred to as the “ARBITRATION AGREEMENT.”
We will try to work in good faith to resolve any issue you have with our Site, App, and Products that are ordered or purchased through either our Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and MOMNT Frames agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of our Site, App, and/or Products ordered or purchased through our Site/App shall be determined solely by binding arbitration on an individual basis rather than court, except that you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in doing so, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including, without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Opin Interactive LLC dba MOMNTFrames.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Opin Interactive LLC dba MOMNTFrames.com.
BY AGREEING TO ARBITRATION WITH OPIN INTERACTIVE LLC DBA MOMNTFRAMES.COM, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING CLAIMS AGAINST OPIN INTERACTIVE LLC DBA MOMNTFRAMES.COM (INCLUDING, WITHOUT LIMITATION, THE SITES) ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING.
If you desire to assert a claim against Opin Interactive LLC dba MOMNTFrames.com, and you, therefore, elect to seek arbitration, you must first send to Opin Interactive LLC dba MOMNTFrames.com, by email, a notice of your claim ("Notice"). The Notice to Opin Interactive LLC dba MOMNTFrames.com should be addressed to: legal@MomntFrames.com ("Notice Address") and should state in the "subject line" of the email "LEGAL NOTICE" in all capital letters. If Opin Interactive LLC dba MOMNTFrames.com desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Opin Interactive LLC dba MOMNTFrames.com, must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Opin Interactive LLC dba MOMNTFrames.com and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Opin Interactive LLC dba MOMNTFrames.com may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Opin Interactive LLC dba MOMNTFrames.com or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this ARBITRATION AGREEMENT. Unless Opin Interactive LLC dba MOMNTFrames.com and you agree otherwise in writing, any arbitration hearings will take place in the county (or parish) of your billing address. If you reside outside of the United States, any arbitration hearings will either take place remotely or in Israel but will remain subject to the AAA Rules, including the AAA rules regarding the selection of an arbitrator.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Opin Interactive LLC dba MOMNTFrames.com's last written settlement offer made before an arbitrator was selected (or if Opin Interactive LLC dba MOMNTFrames.com did not make a settlement offer before an arbitrator was selected), then Opin Interactive LLC dba MOMNTFrames.com will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery of attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee-shifting provided by law.
YOU AND Opin Interactive LLC dba MOMNTFrames.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
These Terms shall be governed solely by the laws of the State of Israel, except that in the event of a conflict between the laws of the State of Israel and the AAA Rules, the AAA Rules shall supersede in respect of any arbitration carried out between the parties hereto.
If this AGREEMENT TO ARBITRATE provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect, and (b) exclusive jurisdiction and venue for any claims will be in the state or federal courts located in and for the State of Delaware.
Use of the Services
Use of the Services and access to the App is void where prohibited. By using the Services, you represent and warrant that:
(a) all information you submit is truthful and accurate;
(b) you are 18 years of age or older or have your parent's or guardian's permission to enter into these Terms;
(c) you have the ability to form a binding contract;
(d) your use of the App or Services does not violate any applicable law or regulation or any obligation you may have to a third party;
(e) your use of the App and Services shall be in compliance with all applicable laws and regulations;
(f) you are solely responsible for obtaining the consent of the parent or guardian ("Parental Consent") before transferring to us any information, including images, of any children.
Certain categories of Personal Data are subject to special protections under Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, hereafter "GDPR"). These include Personal Data relating to, among others, a person's racial origin, religious beliefs, health, sexual orientation, listed in Article 9 of the GDPR ("Special Categories of Data") and Personal Data related to children (together with Special Categories of Data, "Sensitive Data"). You hereby represent and warrant that you will not add any Images that contain Sensitive Data unless you have obtained explicit consent if and as required under applicable law from the relevant individual (including Parental Consent if and as required) and that you shall be solely responsible and liable for any such Sensitive Data, including in the event of any data breach relating to the Services.
You may use the App and the Services in accordance with and subject to these Terms. Opin Interactive LLC dba MOMNTFrames.com may change, update, or discontinue certain parts of the App or the Services. These changes would not apply to any outstanding orders, and we'll make an effort to notify you of any fundamental changes, including by way of notice in the App.
In order to use the App, you will be required to provide certain information as may be requested by Opin Interactive LLC dba MOMNTFrames.com.
You may have the option to link the App with certain third-party services, as may be listed in the App from time to time, such as your Facebook, Google Photos, or Instagram account ("Linked Account"). By doing so, you represent and warrant that you have the authority to provide Opin Interactive LLC dba MOMNTFrames.com with access to account information related to such Linked Account and to provide Opin Interactive LLC dba MOMNTFrames.com with access to photos or pictures saved in such Linked Account.
You are fully and solely responsible for the security of your computer system and/or mobile phone and/or other device and all of your activity on the App. We do not police and cannot guarantee that we will learn of or prevent any inappropriate use of the App.
Subject to applicable law, Opin Interactive LLC dba MOMNTFrames.com may, for any reason, at its sole discretion and without notice, discontinue or refuse to provide you with the App or Services. Grounds for such refusal may include but are not limited to:
(i) violation of the letter or spirit of these Terms;
(ii) fraudulent, harassing, or abusive behavior;
(iii) behavior that is illegal or harmful to other users, third parties, or the business interests of Opin Interactive LLC dba MOMNTFrames.com;
(iv) breach of your representations and warranties herein or breach of any of the terms of these Terms;
(v) use of your chargeback rights with your credit card company or denial or dispute of any preapproval obtained by Opin Interactive LLC dba MOMNTFrames.com from your credit card company.
If we believe, at our sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the App. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior, or (User) Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the App and/or the Services.
Any suspension, termination, or cancellation of Services shall not affect your obligations to Opin Interactive LLC dba MOMNTFrames.com under these Terms (including but not limited to ownership, indemnification, limitation of liability, and payment obligation), nor will it affect any other terms herein, which by their sense and context are intended to survive such suspension, termination, or cancellation.
Account Registration
To utilize and benefit from the Products, you may choose to register for an account (an “Account”). To the extent you are purchasing Frames and Prints, you must register for an account to use the Callback Feature. Accounts will be based on either your social logins (Facebook / Google) or your email and password combination you provide to log into your Account. You must provide accurate and complete information and keep your Account information updated. You are responsible for maintaining the confidentiality of your Account and other User Content (as defined below) and for restricting access to your devices used to access the Services, including but not limited to computers, smartphones, and tablets. You are responsible for updating your User Content.
You shall not:
(i) select or use as a username an email of another person with the intent to impersonate that person;
(ii) use as a username an email subject to any rights of a person other than you without appropriate authorization;
(iii) use any email that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account. You may never use another person’s Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account.
In the course of your use of the Services, you may be asked to provide certain User Content. Our information collection and use policies with respect to the privacy of such User Content are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Content, and you agree to keep it up to date.
By registering for an Account and the Services, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information;
(iv) Your use of the Services does not violate any applicable law or regulation.
As an Account holder, you may receive access to certain sections, features, and functions of the Services that are not available to non-Account holders. By opening an Account, you may receive occasional special offer, marketing, and survey communication emails with respect to the Services. You can easily unsubscribe from Opin Interactive LLC dba MOMNTFrames.com commercial emails by following the opt-out instructions in these emails.
Content and User Content
Certain types of content may be made available through the App or the Services. "Content," as used in these Terms, means collectively all content on or made available on the App or through the Services, including any images, photos, pictures, and any modifications or derivatives of the foregoing.
The App may allow you to upload certain content, including but not limited to images and photos. All content uploaded by you is referred to as "User Content." User Content may include sensitive data. You are and shall remain at all times fully and solely responsible for any User Content you upload to the App. YOU REPRESENT AND WARRANT THAT ANY SUCH USER CONTENT COMPLIES WITH ALL APPLICABLE LAWS, THAT YOU HAVE ALL NECESSARY RIGHTS AND AUTHORITIES TO SUBMIT ANY SUCH USER CONTENT THROUGH THE APP AND SERVICES, AND THAT NO SUCH USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, PRIVACY OR PUBLICITY RIGHTS, OR MORAL RIGHTS. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE OBTAINED ALL RIGHTS AS REQUIRED UNDER APPLICABLE LAW TO PROVIDE Opin Interactive LLC dba MOMNTFrames.com WITH SENSITIVE DATA FOR THE PURPOSE OF PROCESSING SUCH SENSITIVE DATA IN ACCORDANCE WITH THESE TERMS AND OUR PRIVACY NOTICE, AND THAT YOU HAVE OBTAINED CONSENT, IN ACCORDANCE WITH APPLICABLE LAW, FROM ANY DATA SUBJECT OR PARENT OR GUARDIAN OF A DATA SUBJECT, AS APPLICABLE, WHOSE DATA, INCLUDING SENSITIVE DATA, IS SUBMITTED THROUGH THE APP AND SERVICES. Opin Interactive LLC dba MOMNTFrames.com has no obligation to accept any request to print or maintain any User Content. Moreover, Opin Interactive LLC dba MOMNTFrames.com reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. WE DO NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT DUE TO Opin Interactive LLC dba MOMNTFrames.com'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Opin Interactive LLC dba MOMNTFrames.com may retain the User Content, including Images (including in your Account as your order history), as long as your Account is valid and has not been terminated by you or by us, for any reason. You may ask us to delete any User Content, including Images, by sending us an email specifying your request, as detailed in our Privacy Notice. Any Images uploaded by you to the Services and not elected by you to be printed on Products will be automatically deleted on the last day of the calendar month following a 30 day hold after upload and/or purchase.
User Content Restrictions
Without limiting the foregoing, you agree that you will not transmit, submit, or upload any User Content or act in any way that: (a) restricts or inhibits the use of the App and/or Services; (b) violates the legal rights of others; (c) infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party; (d) is (or you reasonably believe or should reasonably believe to be) stolen, illegal, counterfeit, fraudulent, pirated, unauthorized, or violent, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (e) does not comply with all applicable laws, rules, and regulations; (f) imposes an unreasonably or disproportionately large load on our infrastructure; or (g) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity past or present principally dedicated to such causes or items associated with such an entity), (2) material that is racially or ethnically insensitive, or that is defamatory, harassing, or threatening, (3) pornography or obscene material, and anything depicting children in sexually suggestive situations, whether or not depicting actual children or may be harmful to a minor, (4) any virus, worm, Trojan horse, or other harmful or disruptive component, or (5) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation, or is otherwise inappropriate or offensive.
Use Restrictions
You may not do or attempt to do or facilitate a third party in doing any of the following: (1) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the App without our prior written authorization, including framing or mirroring any part of the App or attempting to reverse-engineer any of the technology used within the Products; (2) circumvent, disable, or otherwise interfere with security-related features of the Services, Products, or the App or features that prevent or restrict the use or copying of any content; (3) use the App, Content, or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App; or (5) use the App, Content, or Services in any manner not permitted by these Terms.
Intellectual Property
Opin Interactive LLC dba MOMNTFrames.com, its affiliates, or its licensors, as the case may be, own the App and the Services, including all worldwide intellectual property rights in the App, and the trademarks, service marks, and logos contained therein, registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit, or otherwise use the App or the Services. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the App or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Opin Interactive LLC dba MOMNTFrames.com or any third party.
You own the Images you upload to the App and/or Services and all intellectual property rights related thereto. Opin Interactive LLC dba MOMNTFrames.com will use the Images only for the purposes of providing the Services. For the purpose of receiving the Services, and as part thereof the Product(s), you are giving Opin Interactive LLC dba MOMNTFrames.com the right to use the Images, per the below:
By submitting or uploading any User Content and/or Images, you grant Opin Interactive LLC dba MOMNTFrames.com and its successors a worldwide, limited, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, copy, and print such User Content and/or Images on the Product(s).
Copyright
The policy of Opin Interactive LLC dba MOMNTFrames.com is not to infringe upon or violate the intellectual property rights or other rights of any third party, and Opin Interactive LLC dba MOMNTFrames.com will refuse to use and remove any User Content in connection with the App that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), Opin Interactive LLC dba MOMNTFrames.com will remove any Content (including, without limitation, any User Content) if properly notified that such material infringes third-party rights, and may do so at its sole discretion, without prior notice to users at any time.
The policy of Opin Interactive LLC dba MOMNTFrames.com is to terminate the accounts of repeat infringers in appropriate circumstances.
You are in the best position to judge whether User Content is in violation of the intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
If you believe that something appearing on the App infringes your copyright, you may send us a notice requesting that it be removed, or access to it be blocked. If you believe that such a notice has been wrongly filed against you, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting hi@MOMNTFrames.com.
Promotional Codes and Sales
Opin Interactive LLC dba MOMNTFrames.com may, from time to time, offer promotional codes, seasonal sales, and other discounted service and/or subscription options (collectively, the “Promotions”). Additional terms may apply to these Promotions (collectively, “Promotional Terms”). You agree that you will review such Promotional Terms and that you are free to decide whether or not to accept such Promotional Terms. However, accepting such Promotional Terms is required for you to avail yourself of the related Promotions, and selecting and using such Promotions will be deemed as your express acceptance of such Promotional Terms.
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present, except where expressly stated otherwise. Introductory offers are only available to new users of the Services, except where expressly stated otherwise. Previous users or trial users of the Services do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
Fees and Payment
In connection with your purchase of a Product or other Products through the Services, you will be asked to provide customary billing information such as name, billing address, and credit card information either to Opin Interactive LLC dba MOMNTFrames.com or its third-party payment processor(s) (the “Payment Method”). You agree to promptly notify Opin Interactive LLC dba MOMNTFrames.com of any changes to the Payment Method you provided while any subscriptions remain outstanding. In the course of your use of the Services, Opin Interactive LLC dba MOMNTFrames.com and its Payment Processor (as defined below) may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Opin Interactive LLC dba MOMNTFrames.com and Opin Interactive LLC dba MOMNTFrames.com’s Payment Processor at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
You agree to pay Opin Interactive LLC dba MOMNTFrames.com the Fee(s) as set forth in the App during the purchase process for any confirmed transactions made in connection with your account in accordance with these Terms by one of the methods described on the App. Our obligation to provide the Services and Products only comes into being when you provide your Payment Method to enroll for one of the above-mentioned subscription options in the App (your “Order”), and we confirm your subscription purchase to you either in-App or by email. Please quote the Order number or date, as applicable, in all subsequent correspondence with us. You agree not to hold us responsible for banking charges incurred due to payments on your Account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
You hereby authorize the collection of such amounts by charging the credit card provided, either directly by Opin Interactive LLC dba MOMNTFrames.com or indirectly, via a third-party online payment processor (the “Payment Processor”) or by one of the payment methods described on the App. If you are directed to a Payment Processor(s), the processing of payments will be subject to terms, conditions, and privacy policies governing the use of that third party's service and that third party's Personal Data collection practices, in addition to this Agreement. Please review such terms and conditions and privacy policy before using the Services. We are not responsible for errors made by the Payment Processor. By making a subscription selection, you also agree to pay any applicable processing fees. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Except as expressly provided herein, fees are non-refundable.
Refunds
We want you to be happy with your Product(s). If we made a mistake in preparing your Product(s) or if they have arrived damaged, we will be more than happy to provide a refund. Of course, if you’ve made a mistake in ordering or just changed your mind, then, subject to applicable law, your order would not be eligible for a refund.
If you would like to request a refund, feel free to contact us through the chat feature or by emailing us at hi@MOMNTFrames.com. If the reason you would like a refund is that the Product(s) you received were not printed correctly or there is some other damage, it would be helpful if you would include a picture of the Products along with your request.
Third-Party Applications and Services
Portions of the App and/or Services may involve linking to or using websites belonging to third parties. The App may also provide you with links to access the sites of third-party vendors, including, without limitation, for the purpose of reviewing or using their services. We have no control over third-party sites and/or mobile applications, and all use of third-party sites and/or mobile applications and services is at your own risk. Additionally, Opin Interactive LLC dba MOMNTFrames.com cannot accept responsibility for any payments processed or submitted through such third-party sites and/or mobile applications, or for the privacy policies of any such sites. Opin Interactive LLC dba MOMNTFrames.com is not responsible for content or services available by means of such sites and/or mobile applications. Opin Interactive LLC dba MOMNTFrames.com does not endorse any products or services offered by third parties, and we urge our users to exercise caution in using third-party sites.
Disclaimers and Disclaimer of Warranty
Your use of the App, Services, and Product(s) is at your sole discretion and risk. The App, its content (including User Content), Services, and Products are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. While we make reasonable efforts to print the Images on the Product(s) as similar to the image provided by you through the App as possible, we do not make any warranties or representations in respect thereof. We do not represent or warrant that the Product(s) will be useful for your needs.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO: (A) THE APP, CONTENT (INCLUDING USER CONTENT), SERVICES, AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APP AND SERVICES; OR (II) THAT THE APP AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE APP AND SERVICES; (B) ATTACHING, STICKING, AND/OR RE-STICKING THE PRODUCTS. THE FOREGOING EXCLUSION OF WARRANTIES SHALL NOT EXTEND TO ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Opin Interactive LLC dba MOMNTFrames.com.
We take no responsibility for the quality of the Product(s) or their use by you or any other third party, nor do we take any responsibility for the transport of the Product(s) and/or the state in which the Product(s) will arrive at the address provided by you during the registration process and/or any damage that may occur if you choose to mount, attach, stick, and/or re-stick the Product(s) on any surface and/or any other (physical) damage of any kind caused due to the Products, their attachment or detachment by you or anyone else on or from any surface. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, or alteration of, any Content or Services, quality, attachment, or detachment of the Product(s), and the quality of the printed Image on the Product(s). We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email due to technical problems, or traffic congestion on the Internet or on any of the App or Services or a combination thereof, including any injury or damage to you or to any person's cellular phone or computer related to or resulting from participation or downloading materials and/or uploading of the Image(s) in connection with the App or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from the use of the App or Services, from any Content posted on or through the App or Services, or from the conduct of any users of the App or Services, whether online or offline.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP, SERVICES, AND/OR PRODUCT(S), INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE PRODUCTS PROVIDED AS PART OF OR THROUGH THE APP OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU UNDER ANY CAUSE(S) OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE APPLICABLE CLAIM OR SERIES OF CLAIMS. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT EXTEND TO ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF Opin Interactive LLC dba MOMNTFrames.com.
Indemnification
You agree to indemnify, defend, and hold harmless Opin Interactive LLC dba MOMNTFrames.com and each of its employees, directors, officers, subcontractors, and agents against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or mobile device (whether authorized or unauthorized); (b) any claim, loss, or damage experienced from your use or attempted use of the App or the Services, including any Image uploaded to the App or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.
Applicable Law; Miscellaneous
We make no representation that the Site, App, Services, or any Products are appropriate or available for use in any specific jurisdiction, and in fact access to our Site/App may not be legal for certain persons or in certain countries. Those who choose to access our Site/App do so at their own initiative and are responsible for compliance with applicable local laws. Except as otherwise set forth in the ARBITRATION AGREEMENT, any claim relating to our Site, App, Services, and/or Products shall be governed by the laws of the State of Israel, without reference to any choice of law provisions. You agree that a final judgment in any action or proceeding authorized hereunder (i.e., arbitration) shall be conclusive and may be enforced in other jurisdictions in any manner provided by applicable law.
In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Opin Interactive LLC dba MOMNTFrames.com or enables you to act on behalf of Opin Interactive LLC dba MOMNTFrames.com. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.