Terms of Use

MoodMe: Emotional Communications!

This page gives you the information we think is useful about the MoodMe services. It also tells you the basis on which you may use our services as a registered user.

Please read these Terms of Use carefully (congratulations for getting this far ;-) before you start to use the Services. You should not use the services if you do not agree to these Terms of Use.

MoodMe is operated by Mach-3D SàRL, a company incorporated in Luxembourg and MoodMe Belgium SPRL, a company incorporated in Belgium (“We”).

We may refer to MoodMe, Mach-3D and any company affiliated with us as the “Group”.

Accessing & using our Services

We reserve the right to withdraw or amend the services we provide without notice (but we’ll always keep you in the loop). We will not be liable if for any reason our services are unavailable. From time to time, we may restrict access to all or parts of our services. If this happens then we’re really sorry to put you in such a … Mood.

If you choose, or you are provided with, a user ID, password or any other piece of information as part of the use of our services, you must treat such information as confidential, and you must not disclose it to others. We have the right to disable any user ID or password associated with our services if you do not comply with these terms of use or it is otherwise reasonable for us to do so.

You are responsible for making all arrangements necessary for you to have access to our services. You are also responsible for ensuring that all persons who access our services through your internet connection are aware of these terms, and that they comply with them.

From time to time, typically every month and/or when special events occur such as but not limited to significant changes to our Services, we will send you information notes (via email, In App message or other convenient channel). We will not give your contact detail to any third party. You will have the right to opt out as foreseen in the applicable Legislation.

When using our services, you agree that you will not:

• do anything that is unlawful;
• post content or otherwise do something to damage or threaten Mach-3D, MoodMe brand and image or other organizations in the Group;
• interfere with the operation of our services;
• defame, criticize, threaten or harm another person or invade their privacy;
• copy, monitor or scrape the content or the look and feel of the services;

we have the right to investigate any abuses in relation to these terms of use and you agree to provide reasonable assistance where practicable.

Intellectual property rights

“MoodMe” is a registered trade mark of Mach-3D and we are the owner or the licensee of all intellectual property rights in our services. Those works are protected by copyright laws and treaties around the World. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our services for your personal reference and you may draw the attention of others within your organization to material posted on our services.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics without acknowledging our status and that of any identified contributors as the authors of material on our services.

You must not use any part of the materials on our services for commercial purposes without our consent. To contact us about this please email info AT mood-me.com.

If you print off, copy or download any part of our services in breach of these terms of use, your right to use our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

MoodMe is all about emotional communications with friends and we hope that visitors to the services will find it engaging, fun and useful using our services. However the things that people like are very personal and the MoodMe team cannot test them all individually, so, accordingly we disclaim all liability and responsibility arising from you following a recommendation or other material on our services that you rely, or someone you inform relies on and does not meet expectations. (Blame your friend for the bad advice…).

If the need arises, we may suspend access to our services, or close it indefinitely (we’ll do our best to keep you informed). Although we encourage our users to engage in positive emotional communications, we cannot enforce this in all languages or across all cultures and accordingly users of the services should be aware of this fact.

Our liability

The material displayed on our services is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our services or in connection with the use, inability to use, or results of the use of our services, any web services linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our Services

We process information about you in accordance with our PRIVACY POLICY. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our Services

Whenever you make use of a feature that allows you to upload material to our services, or to make contact with other users of our services, you must comply with these terms of use and in particular those set out under “accessing and using our services”. You warrant that any such contribution does comply with those conditions, and you indemnify us for any breach of that warranty.

Any material you upload to our services will be considered non-confidential and non-proprietary, unless otherwise agreed during the sign up process, and we have the right to use, copy, distribute and disclose to third parties any such material. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our services constitutes a violation of their intellectual property rights, or of their right to privacy. If you delete your profile from our services then we will remove all associations between you and other users, while the materials you created themselves will remain available on an anonymous basis.

If you upload proprietary material or material which is protected by image rights, it is your responsibility to ensure that your usage of the material and its transformation with the emotional animations provided by our services is compatible with these image rights. In any event, you agree not to hold us liable for any possible action from image rights’holders against you caused by your using of such material in conjunction with our services or any webservices linked to it.

When you upload, submit, send, store or receive content to or through our Services, you give us and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those from produced by translations, adaptations, or other changes that we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to our Services. It is your responsibility to ensure that you have the right to grant us this license for any content that you submit to our Services.

You will not take any action that infringes or violates someone else’s rights or otherwise violates the law. If anyone brings a claim against us related to your actions, content or information arising from your conduct, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind, including reasonable legal fees and costs, related to such claims.

We are not responsible for any offensive, inappropriate, unlawful or otherwise objectionable content or information you create when you use our Services.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our services.

We have the right to remove any material or posting you make on our services if, in our opinion, such material does not comply with these conditions of use.

Viruses, hacking and other offences

You must not misuse our services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our services, the server on which our services is stored or any server, computer or database connected to our services. You must not attack our services via a denial-of-services attack or a distributed denial-of services attack.

By breaching this provision, you would commit a criminal offence under Computer Misuse EU Law and similar Legislation in force such as Computer Misuse Act 1990 English Law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our services will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-services attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our services or to your downloading of any material posted on it, or on any webservices linked to it.

Linking to our Services

You may link to our services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any webservices that is not owned by you or in relation to which you are not authorized.

Our services must not be framed on any other services, nor may you create a link to any part of our services unless this is in keeping with the general spirit of MoodMe. We reserve the right to withdraw linking permission without notice. The webservices from which you are linking must comply in all respects with the content standards set out in these terms of use.

If you wish to make any use of material on our services other than that set out above, please email your request to info AT Mood-Me.com .

Links from our Services

Where our services contains links to other services, including “buy now” links and other resources provided by third parties, these links are provided for your ease of use or information. We have no control over the contents of those services or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Applicable law and disputes

Our services and these terms of use are operated under Luxembourg law and claims in relation to them will be heard in the courts of Luxembourg. Local laws in the country where you live may also apply to you and we have the right to take you to court in the country in which you are based instead.

Information about us

We are registered in:

• Luxembourg with company number B 166226 (Registre de Commerce) and VAT number LU25263957 and have our registered office at 9, avenue des Hauts-Fourneaux, 1st Floor, Belval. L-4362 Esch-sur-Alzette, Luxembourg.
• Belgium with company VAT number BE 0550.385.819 and have our registered office at 15, Rue des Vertes Haies, 1400 Nivelles, Belgium.

Your concerns

If you have any concerns about material which appears on our services, please contact info AT mood-me.com

Thank you for visiting our services.