Momio Terms and Conditions: Android and browser users

Terms and Conditions

Momio, on Android devices and browser

1. Parents or guardians
a. If you are below 18 years of age you must show this document to your parent or guardian so they can read and accept it.
b. These Terms and Conditions of Use apply to the use of Momio, which you can access via www.Momio.me or through the Momio app, jointly referred to as “Momio” in the following.
c. You may not set up an account on Momio until your parent or your guardian – or you yourself, if you are of full age – has accepted these Terms and Conditions of Use. As a parent or guardian of a Momio user, you must read these Terms and Conditions of Use together with the minor, as you are responsible for the minor’s use of Momio, unless otherwise stipulated in mandatory rules of law.
i. The text in the below is formulated toward the user of Momio and should be read in that context. When you as a parent or guardian accept these terms and conditions you do so on behalf of the person under your responsibility that will be using Momio on this account. When the term “you”, “your” etc. is used from this point on and forward in this document, it refers to the user of Momio on whose behalf you are accepting this agreement.

2. Rules of conduct
a. Breaking any of the rules of conduct listed below may result in immediate and permanent exclusion from Momio at watAgame’s sole discretion. As a result you will lose all values you have accumulated on Momio in any way – including any purchases for real money.
b. By accepting this agreement, you agree to under no circumstance add content of the type shown below in the form of text, photos or videos anywhere on Momio.
i. Sexually or erotic content of any kind
ii. Racist or hateful content of any kind
iii. Violent content of any kind
iv. Contents depicting drugs, alcohol or tobacco or the uses of such
v. Religious discriminatory content or content promoting religious views
vi. Content that bullies or discriminates other users
vii. Content that markets commercial products without prior agreement with watAgame.
c. Disallowed individuals:
i. If you have been convicted as paedophile or are contemplating having, or have had, contact with children of erotic or sexual nature of any kind you are not allowed to use Momio for any purpose.
ii. By accepting this agreement, you confirm that you have never previously been convicted as paedophile or are contemplating having, or have had, contact with children of erotic or sexual nature of any kind.
iii. Any misconduct of a paedophile nature may be reported to the police immediately and without warning.
d. By accepting this agreement, you confirm that you are below 18 years of age or have a written agreement with watAgame allowing you to create a user on Momio. If you are 18 or above you are not permitted to use Momio without written permission from watAgame.
e. You are not allowed to use Momio for commercial purposes. For this reason, you may not market products if you have an interest in their sales or have any other reason to wish to promote them. This means, for instance, that the name of your account may not refer to a brand, product or company. In addition, you are not permitted to use materials from Momio for developing services or websites which compete with Momio or for other commercial purposes.
f. Do not use other users’ accounts. You are not permitted to log onto another person’s account, not even if you have been granted permission to do so by the person in question.

3. Rights
a. Momio possesses the intellectual property rights to all material on Momio in the formats of text, picture, audio, graphics not uploaded or created by users or originating from YouTube. For this reason, you must never use this material unless you are doing this as part of ordinary use of Momio or if it is otherwise permitted according to these Terms and Conditions of Use.
b. 3.a. notwithstanding, you are permitted to upload material from Momio to YouTube, Facebook, Twitter and the like if you are otherwise permitted to do this, and otherwise to use the material for private purposes, provided that this material does not appear to have been made available by Momio. However, you may under no circumstances use material from websites which are in contravention with Danish law, pages with erotic/pornographic content or other sites where it is apparent that the site is intended to harm Momio, and the use of all material must comply with clause 2 at any time. If you upload material from Momio to the Internet, you must link to www.Momio.me.
c. If you or other persons create and upload or submit material to Momio, you give Momio a free, irrevocable and unlimited right to use this material, including to modify and further develop this material and to make it available to other users in return for payment or free of charge, or to distribute it to third parties. The exception to this is any uploaded photograph of a personal nature. Momio will never use such photographs for commercial purposes.
d. You are responsible for ensuring that any material you upload or otherwise submit to Momio does not violate the rights of anyone else.

4. Buying services on Momio
Momio can be used completely for free but it is possible to purchase virtual goods and benefits for real money. The earnings are used for maintaining Momio and it’s safety. It is possible to buy Momio Plus membership or Momio’s virtual currencies: sapphires and diamonds.

5. Loss of services acquired on Momio
a. If your account is deleted by you or another individual to whom you have given access to it, all content and services relating to your account will be lost, including your Momio Plus, sapphires, diamonds and other accumulated values. An exception to this rule may be made at watAgame’s digression.
b. In the event your profile and account are deleted by Momio because you have violated these Terms and Conditions of Use, all content and services will also be lost, and you may not claim the return of services or content nor claim a refund of the money you paid to Momio from either watAgame, Apple or Google.

6. Compensation
a. All use of Momio is done at your own expense and responsibility. Momio is not liable for any loss that you, as a user, may suffer as a result of your use of Momio, unless otherwise stipulated in mandatory rules of law.
b. Momio’s total liability in damages vis-à-vis a user or any other party may not exceed DKK 5,000 under any circumstances.
c. If Momio or a third party incurs a loss arising from your violation of these Terms and Conditions of Use or from your misuse of Momio, you will be liable in damages for this loss. This also applies to indirect loss and to the costs of expert advice, lawyer fees, etc. If you are not legally competent, your parents or guardian will be held liable to the maximum possible extent.

7. Personal data
a. Cookies are small files that are stored on your device and stay there. Momio uses cookies for security purposes and to help with automatic login. By accepting these terms and conditions you allow the use of cookies on your device. You can delete Momio cookies by deleting the app.
b. Pursuant to the Danish Act on the Processing of Personal Data, you, as a user, have the right to access your personal data and to have this data modified or deleted. Momio can be contacted at the following email address: moc.e1481041863magAt1481041863aw@of1481041863ni1481041863
c. If you delete your account all information pertaining to it from on our servers will be deleted after three (3) months.
d. If watAgame staff deletes your account all information pertaining to it from on our servers will be deleted after twelve (12) months.
e. By accepting this agreement, you accept that Momio has the right to collect data about your usage of Momio through a third party data analytics provider of watAgame´s choice.
f. Momio will only hand over registered personal information to public authorities, such as the police, if this is in accordance with current law.

8. Modifications to these terms and conditions
a. watAgame reserves the right to amend these Terms and Conditions of Use at any time and without notice.
b. By continuing to use Momio after said modification of these Terms and Conditions of Use, you automatically accept the modifications. As a user, you should frequently, and at least every three months, read through the current Terms and Conditions of Use.
c. If you are no longer able to accept Momio’s Terms and Conditions of Use, you do not have the right to continue using Momio, and in this instance you must delete your account immediately.

9. Termination
a. watAgame has the right to close or delete your profile and/or block (e.g. by blocking your IP address) your access to Momio at any time and without advance notification, if, in the view of watAgame, you have violated these Terms and Conditions of Use. Your profile may be deleted or blocked, even if you have purchased Momio Plus, sapphires, diamonds for real money. watAgame’s assessment of whether you have violated the Terms and Conditions of Use is final.
b. watAgame has the right to close your profile if you have not logged in on Momio for more than six (6) months, meaning that you will lose your account on Momio and all values you have accumulated in any way.
c. watAgame reserves the right to terminate Momio as a product in any country at any time and for any reason. In this event you, alongside all other users of Momio in the specific country, will lose access to your account on Momio and all values you have accumulated in any way.
d. In case watAgame decides to terminate Momio you will be given at least 30 days’ notice. By accepting these Terms and conditions you waive any rights to seek any form of compensation in the case of a Momio’s termination.

10. Complaints
a. If you do not agree with a decision made by watAgame or otherwise wish to file a complaint or contact Momio, this may be done at our support email. We will process your inquiry as soon possible after it is received.
b. If you wish to report another user’s violation of these Terms and Conditions of Use, you may also use the “report” function in Momio.

11. Applicable law
Danish law applies to your use of Momio and to any disputes between you, as a user, and Momio, including the interpretation of these Terms and Conditions of Use.

12. Corporate Information
Momio was developed and is managed by:
watAgame ApS
Lergravsvej 53, 2. sal
DK-2300 Copenhagen S
Denmark
E-mail: moc.e1481041863magAt1481041863aw@of1481041863ni1481041863
Central Business Reg. No.: DK35837787