Terms of Use

Welcome to Momento!

Welcome to the Momento Platform! Our platform’s usage is regulated by these “Policies”

By using the Momento Fan Platform, you agree to abide by these policies without modification. It's important to read these policies carefully, as they detail your legal rights, limitations, and how disputes are handled.

If you do not agree with all of these Policies, please refrain from using the Momento Platform. It is within our rights to update these Platform Policies. By entering your personal information or selecting the “Yes, Use Previous Seat Info” button on the Momento Platform after such changes, you indicate your acceptance of the updated Policies. Any changes will become effective upon posting on the Momento website at app.mymomento.com. You are responsible for regularly reviewing these policies to stay informed about any updates.

Definitions

• "Momento Partners" refers to those contributing to the Event and its associated rights.
• “Event” refers to the sporting event, concert, or any other public event that is being captured by Momento
• "Momento," or "we," collectively refers to Momento LLC, a privately registered company listed in the Illinois Secretary of State Database.
• “Content”​ refers to fans’ personalized images and products that they interact with on the Momento Platform and Momento Fan Store. 
• “Fan Data”​or “Fan’s Data” ​relates to your personal information and details, including your interactions with the Momento Fan platform, other fans’ actions within the Momento Fan Platform, and any materials or details that you or third parties can access from the Momento Platform 
• "Momento Photos" refers to the personalized photographs of fans captured during special moments or events using the Momento Platform. These images are delivered to fans through the Momento Platform.
• “Wide Shot,” “wide shot,” or “wide shots” refers to the entire photograph captured during special moments or events using our camera technology. 
• “Momento Platform” or “Momento Fan Platform” refers to the user interface where Fans are able to view their Momento Photos.
• “Event”​ means a performance, sports game, or match which may include a crowd. 
• "Momento Fan Store" or "Fan Store" denotes the selection of Momento products specifically designed to showcase Momento Photos, encompassing various items like wide shots, framed Momento Photos, and any other tailor-made products featuring these photos.
• “Momento Platform" or "Momento Fan Platform" encompasses the UI of Momento products and solutions, including, without limitation, wide shots, the Momento Fan Store publicly shared Momento Photos on the web, Momento Photos within applications of our Momento Partners, and the functionalities available in our web-based environments, which facilitate the upload and placement of fan pictures in empty stadiums. 
• "Platform Policies," "platform policies," “Policies,” or “policies” represent the provisions that control your usage of the Momento Platform.
• “You,” “you,” “Fan,” “fan,” “Fans,” or “fans,” ​ means each person who interacts with the Momento Platform, uses our wide shots, or interacts with Momento Photos.

Momento Platform

Attending the Event is synonymous with your compliance with the Event's terms and conditions and by providing your personal information and using the Momento Platform, you acknowledge and consent to our collection of data related to your Event participation.

In the event you appear in a wide shot and wish to be excluded, please contact us at info@mymomento.com. Share your seat details, and we will promptly obscure your image. As part of this process, we may request proof of your identity. We attempt to fulfill such requests within a 7 day business period, we’ll make a web address available to you to verify your removal from the wide shot. 

Momento and/or Momento Partners, reserve the right to remove a Momento Photo or wide shot from the Momento Platform at their discretion, without prior notice.

Associated Websites

Within the Momento Fan Platform, you may find hyperlinks to websites operated by entities other than Momento that are offered for your convenience. It's important to note that we do not have control over the content, privacy practices, or other aspects of these external websites.

Furthermore, it is your responsibility to exercise caution and ensure that any links you choose to follow or software you download, whether from the Momento Platform or external websites, are free from potentially harmful elements such as malware, harmful software, or other damaging elements. Our incorporation of hyperlinks to third-party websites should not be interpreted as an endorsement of their content or an affiliation.

Platform Policies

By using the Momento Platform and interacting with the Content, you assume responsibility for your actions and the Content you access, download, or share. Additionally:

• Age Requirement: Use of our platform is restricted to individuals aged 13 and older. Our services are not intended for those under the age of 13. If you come across personal information provided by someone under 13, please get in touch with us at info@mymomento.com. We do not intentionally gather data from individuals under 13 and will promptly eliminate any such information.
• Risk Acknowledgment: Your use of the Momento Fan Platform is solely at your discretion.
• Privacy Protection: Do not make personal information accessible to the public like phone numbers, addresses, or emails. Any negative outcomes resulting from your non-compliance with this are your own responsibility.
• Non-commercial Use: You may not use any of the Content on the Momento Platform or Momento Fan Store for any commercial purposes.
• Respectful Behavior: Do not use Momento Photos to engage in behavior that subjects’ individuals whose image is discernible in the Momento Platform to harm, discomfort, or negative treatment. 
• Appropriate Content: You won’t download or share Momento Photos that are inaccurate, inappropriate, illegal, deceptive, hostile, harmful, discriminatory, explicit in a sexual manner, instigating violence, or featuring nudity or excessive violence.
• No Impersonation: You are not allowed to impersonate others or misrepresent your affiliation, including pretending to represent the Company.
• Accurate Information: You are required to provide truthful personal information and only authenticate for yourself unless granted permission.
• Legal Compliance: You will be subjected to legal action if you use the Momento Platform in a manner that does not respect others' rights and privacy and complies with the law.
• Fans with a record as sex offenders are not permitted to use the Momento Platform.
• Intellectual Property: You will not post Content from the Momento Platform that may infringe on patents, trademarks, trade secrets, copyrights, or other rights.
• Data Collection: You can’t collect others' Content or information through automated means.
• No Malicious Code: You will not upload malicious code.
• No Disruption: You won’t impair the functionality or appearance of the Momento Fan Platform.
• Policy Compliance: Comply with these Platform Policies; failure to do so may result in warnings, suspension, or termination of your access.
• Rights Reserved: We hold the ability to remove any Content from the Momento Platform on the condition that it does not comply with these Platform Policies. If your Content was removed due to a claim and you have doubts about the removal, we'll grant you the chance to appeal.
• Copyright Infringement: We may remove Content that violates these Policies.
• Security Responsibility: You're responsible for maintaining the confidentiality of your event's seat information. Notify us of any suspicious behavior or breaches of security promptly. 

We reserve the right to take appropriate actions if you violate these Policies, issuing warnings, suspending, or terminating your access, investigating, and pursuing other necessary measures.

Downloading & Sharing 

The Momento Platform allows you to download and share your Momento Photos for personal use or to social networks.

In order to download or share Momento Photos, you will need to provide your name, phone number, and email to access The Momento Platform.

By downloading or sharing your Momento Photos or any part of the Momento Fan Platform you represent and warrant to Momento and the designated Momento Partner that:

• You are 13 years or older.
• You are not a registered sex offender.
• Your use of the Momento Platform aligns with these Platform Policies.
• Your use of Momento Photos, post-download, and/or sharing, fully complies with these Platform Policies.
• Adults Sharing Minor’s Photos: ​​If you are an adult downloading and/or sharing a Momento Photo featuring a minor under 13 years of age, you must be the parent or legal guardian of that minor.

Social Media Sharing 

• Ownership and Rights: When you or any other fans share Momento Photos, GIFs, or any other products from the Momento Fan Store on social media platforms, please be aware that Momento retains full ownership rights. These ownership rights include, but are not limited to:

• The right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display, and perform such content worldwide in any media, now known or hereafter devised, for any purpose.
• The right to remove or edit fan posts at our discretion, without any liability on our part.

• Third-Party Links and Social Media Platforms: Momento is not liable for any content, links, or attachments associated with shared photos or products, including third-party websites, terms and conditions, or privacy policies. You are advised to review and comply with the terms and conditions and privacy policies of the social media platforms you use, as well as any websites linked to the shared content.
• Ban Policy: Momento reserves the right to ban fans from our platform if they violate these terms and conditions, infringe on our ownership rights, or engage in activities deemed disruptive or harmful to the Momento community.

By sharing Momento Photos, GIFs, or any other Momento Fan Store products on social media, you acknowledge and agree to these Platform Policies. It is your responsibility to ensure compliance with the terms outlined herein and to respect Momento's ownership and usage rights.

Smartphone Usage

The Momento Platform is currently accessible on all mobile devices for free, it's important to be mindful that your carrier could still enforce its typical rates and fees, which include data charges.

By using the Momento Platform, you grant consent and provide all necessary rights for fans to synchronize their devices, including through applications, with any information visible to them on the Momento Fan Platform.

If you access the Momento Platform via the web. In that case, we grant you a revocable, non-exclusive, non-transferable, limited right to use the Momento Platform on wireless electronic devices owned or controlled by you, and to access and use the Momento Platform on such devices strictly in accordance with the policies and conditions of this web application license contained in these Legal Policies. You shall not: 

• Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Momento Platform,
• Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Momento Platform.
• Violate any applicable laws, rules, or regulations in connection with your access or use of the Momento Platform.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Momento Platform. 
• Use the Momento Platform for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended. 
• Make the Momento Platform available over a network or other environment permitting access or use by multiple devices or fans at the same time. 
• Use the Momento Platform for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Momento Platform. 
• Use the Momento Platform to send automated queries to any website or to send any unsolicited commercial email. 
• Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Momento Platform.

Purchases & Financial Transactions

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Momento Fan Store. Our payment processes include Apple Pay or Standard Payment Processing. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. 

You agree to pay all charges at the designated prices currently in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Momento Fan Store. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

Ownership Of Creative Assets 

The Company holds global intellectual property rights for each Momento Photo and the Momento Fan Platform. These rights may also be licensed to Event Partners for specific events.

• Trademarks and Ownership: Momento exclusively owns all trademarks, service marks, trade names, logos, domain names, and any other components associated with the Momento brand. Momento. It's important to understand that these Platform Policies do not confer upon you the right to utilize any Company-owned components of the Momento brand, for either commercial or non-commercial purposes.

• Ownership: Momento possesses intellectual property rights related to the camera technology we use to capture fans and the individualized seat indexing used to determine each fan’s location. This includes but is not limited to Momento Photos, wide shots, graphics, videos, GIFs, data, information, text, icons, software, code, or all other materials.

• Restrictions on Use: You are prohibited from altering, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, transferring, selling, or reselling any information, software, or products on the Momento Fan Store, or Momento photos obtained from or through the Momento Fan Platform. Additionally, you agree not to:Utilizing the Momento Platform or the Momento Fan Store or their contents for any commercial purposes is not allowed.You may not access, monitor, or copy any content or information from the Momento Fan Platform and Momento Fan Store through automated tools like robots, spiders, scrapers, or any manual processes without obtaining our explicit written permission.It is prohibited to violate the limitations stated in robot exclusion headers on the Momento Platform and Momento Fan Store or to bypass or circumvent any measures put in place to restrict or control access to the Momento Fan Platform and the Momento Store.Engaging in any activity that, at our discretion, unreasonably burdens or excessively strains our infrastructure is not permitted.Integrating any part of the Momento Platform or Momento Store into another website, whether by framing, mirroring, or another method, if there is no written permission from Momento, is not allowed.Any endeavor to change, convert, modify, decompile, dismantle, or reverse engineer programs utilized by Momento in conjunction with the Momento Fan Platform and Momento Fan Store is prohibited.

• Limitation Of Liability & Identity

You acknowledge that Momento, Momento Partners, or any of their third-party contractors will not be held responsible or liable for:

• Any form of damages, including but not limited to direct, indirect, incidental, consequential, or intangible losses in connection with the Momento Platform and Momento Fan Store.
• The use or inability to use the Momento Fan Platform or the Momento Store.
• Illegitimate entry into or modification of your transmissions or Fan Information.
• The Momento Photos can be reached via the Momento Platform and Momento Fan Store

Despite having established standards for fan conduct, we do not regulate Fans’ behavior on the Momento Platform and Momento Fan Store, and we are not accountable for the Momento Photos that fans download or share from the Momento Fan Platform. Furthermore, we are not held responsible for any Momento Photos that you may come into contact with that is offensive, inappropriate, obscene, unlawful, or objectionable while using the Momento Platform and Momento Fan Store, whether it takes place online or offline.

Momento, Momento Partners, and any other third-party contractors' liability to you is constrained to the utmost extent authorized by applicable law.

By using Momento Photos, wide shots, the Momento Fan Platform, and/or the Momento Fan Store, you commit to shield, safeguard, and absolve Momento, its affiliates, related entities, Momento Partners, and any other associates and staff from all claims, losses, costs, damages, expenditures, or any other liabilities which encompass legal fees. This commitment also encompasses any damage or detriment incurred due to your utilization of the services. Momento Photos, wide shots, the Momento Fan Platform, and/or the Momento Fan Store, as well as any violations of these policies committed by you.

Disclaimer

Our utmost effort is to maintain the Momento Platform and Momento Fan Store is designed to be error-free and secure; however, your usage is solely your responsibility. We provide the Momento Platform and Momento Fan Store "as is" without any express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a specific purpose, and non-infringement. We cannot guarantee that the Momento Platform and Momento Fan Store will always be error-free, secure, or free from interruptions, lateness, or flaws.

Neither Momento nor Momento Partners will be held accountable for any inability to fulfill their obligations resulting from circumstances beyond their reasonable control. These circumstances include but are not restricted to, unforeseen weather conditions, labor strikes, industrial disputes, civil disturbances, unforeseeable accidents, power outages, new legal measures, or any other occurrences that qualify.

Platform Policy Overview

These Platform Policies comprise the full understanding between you and the Company concerning your entry and utilization of the Momento Platform and Momento Fan Store, information, or content, superseding any previous agreements.

In the event that any segment of these Platform Policies is declared unenforceable, the remaining segments shall continue to be fully effective

In the case of our non-execution of implementing any of these policies does not waive our rights to enforce them in the future.

Despite what was mentioned earlier, we maintain the authority to alter these Platform Policies at any time, incorporating new or revised policies becoming effective upon publication on the Momento website at app.mymomento.com. You are required to keep yourself informed about modifications to the Platform Policies, which may be periodically disclosed on the Momento website.

When using the Momento Platform and Momento Fan Store or accessing your Momento Photos, you agree to comply with all applicable laws.

It is not permissible to pass on your rights or obligations under these Platform Policies to anyone else without our agreement.

All new features enhancing the current Momento Fan Platform, including new properties or features of the Momento Platform, will be bound to these Platform Policies.

Jurisdiction

These Platform Policies, as well as any disputes arising from or related to the use of the Momento Platform and Momento Fan Store, shall be governed by and construed in accordance with the laws of the United States. You agree to submit to the exclusive jurisdiction of the United States courts for any claims, causes of action, or disputes arising from or related to these Platform Policies or the use of the Momento Platform and Momento Fan Store. By using our platform, you consent to the court’s jurisdiction for litigation.

These Platform Policies do not act as a hindrance to our law-abiding conduct, and we preserve all rights that have not been explicitly conferred upon you.

Termination Policy

We retain the right to suspend or terminate your access to the Momento Platform and Momento Fan Store. We hold the sole right to decide if you infringe upon these Platform Policies, engage in prohibited behavior, or otherwise fail to comply with these policies.