Please read these terms and conditions (the “Terms”) carefully as they contain the legal terms and conditions that you agree to when you use the Service (as defined below) provided to you by Digiphoto Entertainment Imaging LLC (“DEI”) along with its parent company, subsidiaries and affiliates through the web site found at www.momntoes.com (the “Site”)., By using this Service, you agree to be bound by these Terms. DEI reserve the right to amend these Terms at any time without prior notice. By using this Service, you agree to be bound by these Terms. DEI reserve the right to amend these Terms at any time without prior notice. Your use of the Service following any such modification constitutes your agreement to follow and be bound by the Terms as modified. These Terms constitute the entire agreement among you and DEI with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to the Service. If you do not wish to be bound by these Terms, please do not use the Service.
1. Purpose of the Service
DEI offers photography services that provide the ability to access and use the Site to place bookings for the provision of the Services. (the “Service”).
2. Accuracy, Completeness and Timeliness of the Information
Regardless of any information presented on the Site, DEI reserve the right without prior notice to discontinue the Service, without incurring any obligations. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Although DEI make reasonable efforts to ensure that all material on the Site is correct, accuracy and integrity cannot be guaranteed, and DEI do not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the Site.
DEI uses reasonable endeavours to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs. Reasonable steps will be taken by DEI to minimize such disruption where it is within the reasonable control of DEI. You agree that DEI shall not be liable to you for any modification, suspension or discontinuance of the Service.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from DEI, except as permitted by applicable law.
DEI is, unless otherwise stated, the owner of all copyright and database rights in the Service. Also DEI, unless stated otherwise, is the owner of any photographic material contained on this Site. You may not publish, distribute, extract, re-utilize or reproduce part or all of any such content in any material form (including photocopying or storing it in any medium by electronic means).
7. Intellectual Property Rights of Others
We respect the intellectual property rights of others and request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify us using the “Contact Us” link at the bottom of the page.
The notification must include ALL of the following:
a. a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
b. a description of the copyrighted work you claim has been infringed;
c. a description of where the material you claim is infringing is located on the Site;
d. your name, address, telephone number, email address and all other information reasonably sufficient to permit DEI to contact you;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DEI are under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
To purchase from or register as a member of the Service you must be 18 years of age or over. You agree that the information that you provide to DEI on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which DEI will communicate with you about your account and your orders.
When you register as a member you will be asked to provide a password. You are responsible for all activities that occur under your username or password. Thus, you should keep your username and password confidential. You must notify DEI immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. DEI reserves the right to require you to alter your password if DEI believes that your password is no longer secure.
11. Formation of a Binding Contract
When placing your order, DEI will obtain authorization from your credit card company for the amount of your order. No contract will exist between you and DEI for the supply of any services unless and until DEI accepts your order. Acceptance of your order shall take place when your credit card is charged which will occur upon placement of your order. Until your credit card is charged, DEI reserves its right to cancel your order.
12. Product Availability
Receipt of your Booking does not guarantee that DEI can supply the selected Service to you. All the Services on the Site are subject to availability and DEI must therefore reserve the right to (a) limit quantities of services it supplies, (b) supply only part of a service or to divide up the services, or (c) alter the availability and duration of, and to terminate at any time, any special offers.
Purchases may be made available through the Site. Whether or not the Site offers the ability to purchase will be identified on the Site.
14. Pricing and Delivery
All prices are valid until altered by DEI. Links may be available from time to time on the Site for special offers for selected Services. Prices do not include value added taxes that may be added. In the event that the price published on the Service was incorrect, DEI will contact you to let you know the correct price and ask you whether you still wish DEI to fulfil your Service at the correct price. Any dates specified for delivery of any Service are intended to be an estimate only.
We accept payments online using Visa and MasterCard credit/debit card in USD (or any other currency agreed).
The country of merchant domicile is UAE.
15. Return Policy
If for any reason, you are not satisfied with any Services you purchase, please contact by using the “Contact US” link on the Site. We will reach out to you for a resolution.
Refunds will be done only through the Original Mode of Payment.
Purchases of digital images are not refundable.
17. External Links
From time to time DEI may provide links that will take you to third party web sites. These links are provided for your convenience. If you decide to access linked web sites, you do so at your own risk. DEI does not endorses or takes responsibility for the content on other web sites or the availability of other web sites and you agree that DEI is not liable for any loss or damage that you may suffer by using other web sites. These terms do not govern your use of a third-party web site and different terms and conditions will apply to your use of any linked sites.
18. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site. You agree not to use the Site in any manner that might interfere with the rights of third parties.
You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless DEI, and their respective parent companies, subsidiaries, officers, directors, contractors, suppliers, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against any and all claims, losses, liabilities, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees and court costs, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the content, or any violation by you of these Terms. If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
20. Customer Feedback
DEI do not want to receive confidential or proprietary information from you via the Site. Any comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided to DEI in connection with the operation or content of this Site shall be considered non-confidential and non-proprietary.
You understand and agree that DEI or their respective suppliers shall be the sole owner(s) of all information, material, or data you provide regarding the performance of, or any suggestions as to any improvement or changes to, the Service. You further agree to execute any additional documents that become necessary for DEI or their respective suppliers to obtain, maintain, or exercise its ownership rights.
21. Termination of Membership
DEI reserve the right in their sole discretion to terminate your use of the Site and your membership if you violate any of these Terms or if your account has been inactive for more than one year.
22. Applicable Law and Jurisdiction
The Service, the Site and DEI are based in the United Arab Emirate and, as such, this Service has been designed to comply with the laws of UAE. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of UAE, without regard to its rules on conflicts of law. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
23. Disclaimer of Warranty and Limitation of Liability
THE SERVICE, THE SITE, THE CONTENT, AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY DEI ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. DEI EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ASSOCIATED WITH THE SERVICE ARE NONINFRINGING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ASSOCIATED WITH THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY.
YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, DEI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE SITE AND ALL RELATED SERVICES, EVEN IF DEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
24. Circumstances beyond our Reasonable Control
DEI is not liable for delays in performance caused by circumstances beyond their reasonable control and will be entitled to an extension of time for performance; examples include strikes, supplier/transport/production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If such circumstances continue for more than one month, either party may terminate the contract for the purchase of services without compensation.
DEI may assign its rights and responsibilities hereunder without notice to you. DEI reserves the specific right to transfer the running of the Service to a third party. DEI’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
26. How to Contact UsIf you have any comments or questions about these Terms and Conditions or the Service, please contact us using the “Contact Us“ link on this Site.