1. PanoMoments.com and associated Mobile Applications
2. Responsibility of Visitors
Moment Capture, Inc. has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Moment Capture, Inc. does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading or use of which is subject to additional terms and conditions, stated or unstated. Moment Capture, Inc. disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading or viewing by those visitors of content there posted.
3. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PanoMoments.com links, and that link to PanoMoments.com. Moment Capture, Inc. does not have any control over those non-PanoMoments.com websites, and is not responsible for their contents or their use. By linking to a non-PanoMoments.com website, Moment Capture, Inc. does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Moment Capture, Inc. disclaims any responsibility for any harm resulting from your use of non-PanoMoments.com websites and webpages.
4. Copyright Infringement and DMCA Policy
As Moment Capture, Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PanoMoments.com violates your copyright, you are encouraged to notify Moment Capture, Inc. Moment Capture, Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Moment Capture, Inc. will terminate a user’s access to and use of the infringing material if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Moment Capture, Inc. or others. In the case of such termination, Moment Capture, Inc. will have no obligation to provide a refund of any amounts previously paid to Moment Capture, Inc..
5. Intellectual Property
This Agreement does not transfer from Moment Capture, Inc. to you any Moment Capture, Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Moment Capture, Inc.. Moment Capture, Inc., PanoMoments.com, the PanoMoments.com logo, and all other trademarks, service marks, graphics and logos used in connection with PanoMoments.com or our Services, are trademarks or registered trademarks of Moment Capture, Inc. or Moment Capture, Inc.'s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Moment Capture, Inc. or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Moment Capture, Inc. may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PanoMoments.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
Our Services are provided "as is." Moment Capture, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Moment Capture, Inc. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
9. Limitation of Liability
In no event will Moment Capture, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Moment Capture, Inc. under this agreement during the twelve (12) month period prior to the cause of action. Moment Capture, Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty
11. US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Moment Capture, Inc. reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Moment Capture, Inc., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Moment Capture, Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Moment Capture, Inc., or by the posting by Moment Capture, Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Moment Capture, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Your privacy is critically important to us. At Moment Capture, Inc. we have a few fundamental principles:
We collect the following types of information. Information you provide us directly:
Transaction information: Those who engage in transactions with Moment Capture, Inc. – by purchasing a Pro or Commercial account, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Moment Capture, Inc. collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Moment Capture, Inc. Moment Capture, Inc. does not store the credit card details that are entered at the time of purchase. If using Stripe (our payment processor), that information is sent directly to them and we only store the necessary references to your account such that we can securely interact with the Stripe API. Moment Capture, Inc. does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Analytics information: We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information but it cannot reasonably be used to identify any particular individual User.
Log file information: Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
Metadata: Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), comments or other data. This makes your User Content more searchable by others.
Moment Capture, Inc. uses information it collects to deliver the Service to you and continuously enhance your experience. If you are a registered user of the PanoMOments platform and have supplied your email address, Moment Capture, Inc. may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Moment Capture, Inc. and our products. We primarily use our product blog or social media to communicate this type of information, so we expect to keep this type of email to a minimum.
We will not rent or sell your information to third parties outside PanoMoments without your consent, except as noted in this Policy.
Parties with whom we may share your information: We may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms. We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Parties with whom you may choose to share your User Content: Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public. Once you have shared User Content or made it public, that User Content may be re-shared by others. Subject to your profile and privacy settings, any User Content that you make public is searchable and embeddable by other Users. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, if saved by other Users or third parties.
Responding to legal requests and preventing harm: We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
Moment Capture, Inc. collects personally-identifying information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with the Service. Moment Capture, Inc. does not store credit card details that are entered at the time of purchase, that information is sent directly to Stripe (our payment processor) and we only store the necessary references to your account allowing us to securely interact with our payment processor. You can control which information you supply at any time, with the caveat that it may prevent you from engaging in certain website-related activities.
If you are located in the EU, United Kingdom, Lichtenstein, Norway, Switzerland, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your personal data, as further described below. Moment Capture, Inc. will be the controller of your personal data processed in connection with the service.
You have certain rights with respect to your personal data, and we want to help you review and update your information to ensure it is accurate and up-to-date.
If you have a Moment Capture, Inc. account, you can accomplish most of the following by logging into your account settings. For more information or any additional requests you can contact us via email
Moment Capture, Inc. takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information. Your account is protected by a password you set and you’re responsible for keeping it safe. When entering information into our system such as passwords or financial information, all that is done securely using SSL.
Moment Capture, Inc. does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us via email
Effective as of 5-25-2018
This page is intended to provide information about PanoMoments / Moment Capture, Inc. GDPR compliance.
The General Data Protection Regulation (GDPR) is a new European privacy law that goes into effect on May 25, 2018. The GDPR will replace the EU Data Protection Directive and will apply a single data protection law throughout the EU.
Data protection laws govern the way that businesses collect, use, and share personal data about individuals. Among other things, they require businesses to process an individual’s personal data fairly and lawfully, allow individuals to exercise legal rights in respect of their personal data (eg. to access, correct or delete their personal data), and ensure appropriate security protections are put in place to protect the personal data they process.
We have taken steps to ensure that we are compliant with the GDPR as of May 25, 2018.
We act as a data controller under GDPR for the EU customer information we collect to provide our services and to provide timely customer support. This customer information may include things such as customer name, contact and billing information.
To exercise your Right to Erasure or desire to Opt-out, you can delete your PanoMoments account at any time. This will remove our record of your email address, name, and all other personal data including all of your photos.
If you would like to delete your account and all personal data permanently please send us an email
If you would like to export your personal data from PanoMoments, please please send us an email
All questions and concerns can be directed via email
Effective as of 5-25-2018