Terms of Use
Effective as of 10/24 , 2023.
Introduction
These Terms of Use (these “Terms”) govern your use of and access to our website which is currently at visible at https://momentor.net/ (the “Website”) and courses (the “Courses”) offered on the Website (including all C4D and Dynamic Design courses and other courses that can be subscribed, purchased or attended on the Website)，and other services which Momentor Inc. (“we” or “us”) provides on the Website. The access to the Website, the Courses, and such other services are collectively called “Services”.
These Terms also apply to the sale of our Courses. Please read these Terms carefully before purchasing a Course and print off a copy for your records.
Some Courses may bear specific terms and conditions. If there is any conflict between these Terms and any specific terms and conditions applicable to a specific Course, such specific terms and conditions shall prevail.
Please carefully read and fully understand these Terms before you start using and accessing the Services, especially these terms involving the exclusion or limitation of liability, licenses, rights of information using, and governing law and dispute resolution may be in bold. Please read them carefully. If you choose to agree with these Terms or access the Services, you are deemed to have fully understood these Terms and agreed to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICES.
For purchases via the Website, by clicking the “I agree with<Terms of Use>and<Privacy> Policy>” button, you agree to these Terms. If you do not agree to these Terms you must cease purchasing any Service from us and discontinue to take any Services.
If you are a minor according to the law of your home country, you must not use the Services unless your guardian agrees on these Terms.
1.1.1. You may access the Services by visiting the Website. If you use or access Services by any means other than the interface we provide or authorize, we cannot guarantee the quality of such Services, nor can we be liable for any losses you suffer arising from such Services.
1.1.2. You must have your terminal device (such as computers and mobile phones) ready to use or get access to the Services. Once you open or visit the Websites, you are using and accessing the Services. You may need to connect your terminal device to the network when using some features of the Services. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, and data plan charges). We are not responsible for these fees.
1.2.1. In order to purchase a Course, you must register an account with us via the Website. If you already have an account with us, you can log onto your account using your user name and password.
1.2.2. When you place an order for a Course via the Website, we reserve the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause1.2.3 below.
1.2.3. A legally binding agreement between you and us shall come into existence when we have:
a) received a payment of the fee for the Course which you order; and
b) accepted your order to purchase the Courses b.
1.3.1. Subject to clause 1.2.3 above where we have accepted / confirmed your purchase of Courses, you are allowed to cancel your purchase within eight (8) calendar days from the date we confirm your purchasein accordance with clause 1.2.3 with no cancellation fee, in which case we will fully refund you the fee which we received for the Courses duly cancelled, with no interest. Please note that you may still be responsible for banking charges and other third-party costs associated with the payment for the Courses and with the refund thereof.
1.3.2. To the extent that you purchase any Course by wholly or partially using vouchers, coupons, by redemption of points, or any other non-cash means, upon duly cancellation of such Course, subject to clause 1.2.3 above, such vouchers, coupons, points, and other means will be reverted.
1.3.3. To the extent permitted by applicable laws, you will not get any refund for cancellation of any Course:
a) if such cancellation request is brought forward beyond the period of 8 days from we confirm your purchase in accordance with clause 1.2.3 above; or
b) if you have already accessed the course or course study files.
1.4.1. The fees for the Courses shall be as set out on the Website at the time you place an order for them.
1.4.2. Unless otherwise stated on the Website, the fees for the Courses set out on the Website are exclusive of VAT or other local taxes, the cost of some Course materials (if any) and any delivery costs payable in respect of the delivery of Course materials to you. Each of these costs will be set out in the Website prior to your purchase the Courses.
1.4.3. Fees for the Courses purchase by you on the Website shall be debited from your credit / debit card at the time of purchase or through other means upon mutual agreement. Fees must be paid in full prior to you accessing or attending any Course.
1.4.4. Any fees charged by your debit or credit card provider in connection with your purchase of Courses are for your own account and we shall not be responsible therefor.
1.4.5. You shall be responsible for all costs you incur in connection with your attendance at or your access to the Course you purchased.
1.5.1. To better improve the user experience and our Services, we will, from time to time, provide updates or changes to the Services, including but not limited to software modifications, upgrades, function enhancements, development of new services, and replacement. You can choose whether to update according to your needs. If you choose not to update, some features of the Services will be limited or may not work properly.
1.5.2. We may designate a version or a feature of the Services as a beta version (“Beta Version”). A Beta Version does not represent the final product and may contain bugs that may cause system or other failures and data loss. We may choose not to release a commercial version or a Beta Version. You must promptly cease using the Beta Version and destroy all copies of the Beta Version if we request you to do so. In exchange for your use of a Beta Version, you agree that we may collect data regarding your use of the Beta Version to improve our products and personalize your experience, regardless of whether or not you have opted out of data collection for non-Beta Versions. If you do not wish to have your usage tracked, you must stop your use of the Beta Version by uninstalling it.
1.5.3. We may unilaterally designate our affiliates or third parties recognized by us to continue to operate the Services. Certain features of the Services may be provided by our affiliates or third parties recognized by us.
1.6.1. You understand and agree that the Services are provided “AS-IS.” We will use reasonable efforts to ensure the consistency and stability of the Services. You understand that, notwithstanding our reasonable efforts, the Services may contain defects, errors, or even viruses; and our provision of the Services also depends on the situation of your terminal device, including the conditions of hardware, system and network connections, and other factors that we cannot control. We are not responsible for the compatibility between the Services and your terminal device, and cannot foresee and prevent legal, technical, and other risks at any time or at all times, resulting from force majeure, network, third-party service defects, third-party websites, and other reasons, that may cause service interruptions and other losses and risks.
1.6.2. You understand and agree that we may, as appropriate, modify, interrupt, suspend or terminate certain features of the Services for the sake of operation and security.
1.6.3. Upon expiration or termination of these Terms, we may stop providing some or all of the Services without prior notice to you. The relevant terms of your indemnification obligations, our disclaimers of warranties and limitations of liability, and dispute resolution in these Terms will continue in full force and effect.
2.1. We reserve the right to review the account information you submit. Your account is limited to your own use. Without our written consent, you must not allow others to use your account by any means (such as donating, renting, transferring, selling, and licensing), or use others’ accounts by any means (such as borrowing and renting). If we discover or have reasonable grounds to believe that a user is not the initial registrant of an account, for the security of the account, we may immediately suspend or terminate the provision of Services to the account, or permanently disable the account.
2.2. In any case, any activity which is conducted from your account will be deem as your activity. You are responsible for all activity that occurs via your account even if that activity is not conducted by you or is otherwise conducted without your knowledge or consent. You shall be responsible for and attach great importance to the security and confidentiality of your account information. You shall not disclose your account information to others under any circumstances. Please notify us immediately if you become aware of unauthorized use of your account or any other security issues.
3.1. We are committed to the protection of your personal information. We will protect your right to access, modify, delete relevant personal information, and withdraw authorization in accordance with applicable law, and will use technical and other security measures that match the Services to protect your personal information. You understand and agree that for security and identification reasons (such as for providing an account information retrieval service), you may not be able to modify the initial registration information and some verification information. For information about how we collect, use, and store your personal information when you use or access the Services and how you can exercise your personal information protection rights, please see our Privacy Policy.
4.1. “User Content” means any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import into, or create with the Services in connection with or through your use of the Services. You shall not use the Services to create, edit, copy, input, upload, transmit, share, or otherwise process the User Content (1) prohibited by any applicable law, or (2) infringing any third-party rights (such as intellectual property rights, trade secrets, and personality rights). We may remove or restrict access to the User Content violating these Terms. Please note that we do not review all the User Content. Our failure to remove or restrict access to certain User Content does not mean our recognition of such User Content.
4.2. You may share the User Content with other users or make it public. "Sharing" means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services. Please note that others may use, copy, modify, or re-share the User Content in many ways. Please carefully consider what you choose to share or make public as you are responsible for the User Content that you share.
4.3. If you submit feedback to us (such as ideas, suggestions, proposals, and bug or crash reports), you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the feedback.
5.1. You must not misuse the Services. Misuse of the Services includes, but is not limited to:
1) use the Services without, or in violation of, a written license or agreement with us;
2) copy, modify, host, stream, sublicense or resell the Services;
3) enable or allow others to use the Services using your account information;
4) offer, use, or permit the use of the Services in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;
5) access or attempt to access the Services by any means other than the interface we provide or authorize;
6) circumvent any access or use restrictions put into place to prevent certain uses of the Services;
7) share any User Content that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, hateful, or otherwise objectionable;
8) share any User Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other our users, or the public;
9) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
10) attempt to disable, impair, or destroy the Services;
11) upload, transmit, store, or make available any User Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services;
12) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm);
13) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent activities, or other unsolicited messages;
14) place an advertisement of any products or services in the Services except with our prior written approval;
15) use any data mining or similar data gathering and extraction methods in connection with the Services, including data scraping for machine learning or other purposes;
16) artificially manipulate or disrupt the Services;
17) create accounts for the purpose of violating these Terms or for circumventing account termination or other types of actions taken by us;
18) manipulate or otherwise display the Services by using framing or similar navigational technology;
19) infringe third party’s rights and interests (such as intellectual property rights, reputation, name rights, and privacy) under applicable law, when using the Services (such as uploading text, pictures, videos, audio, and links); and
20) violate applicable law.
5.2. You must not, under any circumstances, use any of our trademarks, service marks, trade names, domain names, website names, or other distinctive brand features (collectively, the "Marks"). Without our prior written consent, you shall not, in any way, alone or in combination, display, use the Marks, or apply for a trademark, or a domain name containing or similar to the Marks, nor may you express or implied that you have the right to display, use, or deal with the Marks. You shall be responsible for using the Marks in violation of these Terms and any related losses to us or others.
6.1. The Website may contain links to third party websites, products, software and services (“Third-Party Software and Services”). You understand and agree that we are not responsible for the security, accuracy, integrality, functionality, legality or non-infringement of the Third-Party Software and Services. You understand and agree that such calling may have other uncertain risks, and we are not liable to you or any other person for any disputes, losses or damages therefrom.
6.2. You shall comply with both these Terms and these terms of use of the Third-Party Software and Services, and shall not misuse the Third-Party Software and Services, when you use such Third-Party Software and Services. You understand and agree that we are not liable to you or to any other person for disputes, loss of profit, loss of revenue, loss of business, loss of data, reputational damages, any special, incidental, indirect, consequential, moral, exemplary, or punitive damages arising out of or in connection with your use of or access to the Third-Party Software and Services.
7.1. For your violation of these Terms, or any applicable law, or your infringement of others’ legitimate rights and interests, we may unilaterally judge and take measures including warning, restricting your access to part or all of the Services, and terminating your account permanently. We are not responsible for your inability to use relevant Services or to obtain the assets or other rights and interests associated with your account under this term. We may announce the results and decide whether to restore the account and relevant Services according to actual situation. We may not recover deleted User Content.
7.2. For suspected violations of applicable law, we may keep relevant records and report to competent departments and public security organs. We may cooperate with competent departments in investigations.
7.3. If your violation of these Terms causes a third-party complaint or claim, you are solely responsible for all liabilities that may arise therefrom.
7.4. You will indemnify us and our subsidiaries and affiliates from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your use of the Services (as applicable), or your violation of these Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter.
8.1. Unless otherwise agreed, to the fullest extent permitted by applicable laws, we are not liable to you or any other person for loss of profit, loss of revenue, loss of business, loss of data, reputational damages, any special, incidental, indirect, consequential, moral, exemplary, or punitive damages arising out of or in connection with your use of or access to the Services.
8.2. Unless otherwise expressly provided by applicable laws, our total liability to you, in any matter arising out of or related to these Terms is limited to the amount (if any) that you paid for access to the Services during the last twelve months from the date when the liability incurs.
8.3. You understand and agree that we disclaim all warranties of merchantability, and fitness for a particular purpose. The Services may be affected or interfered with by a variety of factors, and we further disclaim any warranty that (including but not limited to):
1) the Services will meet your requirements;
2) the Services will be constantly available, uninterrupted, timely, secure, or error-free;
3) the quality of the Services will meet your expectations; and
4) any errors or defects in the Services will be corrected.
8.4. If you share User Content through the Services, you understand and agree that we are not responsible for:
1) any loss, corruption, or damage to User Content;
2) the deletion of User Content by anyone other than us; or
3) the inclusion of User Content by third parties on other websites or in other media.
8.5. If there is any suspected loan, investment, financial management, or other property-related information, advertising, or promotion, please treat it at your own discretion and risk. We are not responsible for any direct, indirect, incidental, special, derivative, or punitive damages, or any loss of profits, business reputation, data, or other tangible or intangible assets, that you suffer therefrom.
8.6. “Force Majeure” refers to objective events that cannot be foreseen, overcome, and avoided, including but not limited to government actions, act of god or natural disasters (such as floods, earthquakes, and typhoons), network reasons, wars, strikes, and riots. You understand that when using the Services, you may encounter Force Majeure. We will strive to recover the Services in a timely manner, but we are exempted from liability for the suspension and termination of the Services, or any loss caused by Force Majeure to the extent permitted by applicable law.
8.7. We may deal with illegal content in accordance with these Terms, which does not constitute an obligation or commitment of us. We will not guarantee timely detection of illegal acts or corresponding treatment.
8.8. You understand and agree that these Terms are designed to ensure compliance with applicable law and protect the rights and interests of you and others. You understand that we will do our best to judge in accordance with applicable law, but do not guarantee that our judgment is completely consistent with that of judicial and administrative organs. You agree that you accept the results of our judgment under this term.
8.9. We may adjust information content or links to information lawfully obtained, or other services lawfully operated by us and our affiliates, but we will not improperly increase the information we collect from you. You understand and agree that when you use the services provided by third parties, in addition to complying with these Terms, you shall also comply with these terms of third parties. Any dispute, loss, or damage arising from your use of the services of a third party shall be resolved by you and the third party, and we shall not be liable to you or any third party for this.
9.1. We are the owner or the licensee of all intellectual property rights in or relating to the Websites and the Courses as well as any content thereof (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) ("Service Content"). The rights in the Website and the Service Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and patents. All such rights are reserved.
9.2. Specifications for Courses. All intellectual property rights of the Courses and/or intellectual property rights in the Courses and Course materials made by trainers at the courses are, and remain, our intellectual property or intellectual property of our licensors, whether adapted, written for or customised for the users or not.
9.2.1. You are not authorised to:
9.2.2. In consideration of the fees paid by you for the Courses, we grant to you a limited, non-transferable, non-exclusive license to use the Course materials for the sole purpose of completing the courses.
9.3. We respects the intellectual property of others and expects the users of its website to do the same. If you find any material on our website that infringes or is suspected to infringe any intellectual property rights or other rights of you or of a third party, please contact us at support@momentor.net and provide relevant screenshots and evidence supporting your or third parties’ intellectual property rights or other rights. We will remove such material if we have reasonable ground to believe they are infringing.
9.4. Breach by you of clause 9.1 and/or 9.2 above shall allow us to immediately terminate these Terms with you and cease to provide you with any Service, including but not limited to access to the courses.
10.1. If you are a minor user, you and your guardian understand and confirm that if you violate applicable law and these Terms, you and your guardian shall be responsible for all liabilities.
10.2. If you are a minor user (i.e, at an age below 16), you and your guardian shall carefully read and understand these Terms. You should obtain your guardian’s consent before using or accessing the Services. If you are a minor’s guardian, and you find the minor using or accessing the Services without your consent, you shall promptly notify us through the contact information in Article 11.2, and we may restrict certain features/functions of the relevant account such as browsing and publishing information and interactive communication.
10.3. If you are a minor’s guardian and the minor use and access our Services with your consent, you shall guide and supervise the access and use by the minor. You agree that any access and use of the minor is under your consent. The minor may make payment when using certain features of the Services. Please carefully control your payment device, account, and password, to avoid the minor from making a payment without your consent.
10.4. To better protect the privacy and interests of minors, please kindly note that you shall carefully publish content containing minors. Once you published, it is deemed that you have obtained the consent of the right holder, which allows you to display such minors' portraits, voices, and other information in the Services, and allows us to use and process such content under these Terms.
11.1. These Terms are governed by the laws of Hong Kong. Any dispute arising out of or in connection with these Terms, including any question regarding the existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the Arbitration Rules of the Hong Kong International Arbitration Centre ("HKIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Hongkong. The Tribunal shall consist of three arbitrators. The language of the arbitration shall be English.
11.2. You can send an email to support@momentor.net to contact us. We highly recommend you use the email address associated with your account to contact us so that we can verify your identity or locate your issue more quickly.
11.3. To provide you with better Services or due to changes in facts such as applicable law, policy, technical conditions, and features, we may amend these Terms from time to time. We will use commercially reasonable efforts to notify you of material changes to these Terms through appropriate means such as the official website announcement and user message. However, you should look at these Terms regularly to check for such changes. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. You must stop accessing or using the Services if you do not agree to the new Terms.
11.4. Headings used in these Terms are provided for convenience only and will not be used to construe meaning or intent.
11.5. You and we are independent subjects and in no event do these Terms constitute any form of warranty or condition of us to you, nor do they constitute an agency, partnership, joint venture, or employment relationship between you and us
11.6. Our failure to enforce any provision of these Terms shall not constitute a waiver of the rights set forth in that provision.