Terms and conditions

Effective Date: January 31, 2022
Updated Date: December 29, 2024

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Visuals by Momo if you do not agree to all of the terms stated on this page.

1. Introduction

Welcome to Visuals by Momo LLC ("Company," "we," "our," "us"). These Terms and Conditions ("Terms") govern your use of our website, https://www.visualsbymomo.com ("Website"), and any services provided, including SMS communications. By accessing or using our Website and services, including but not limited to visual production, consultation, and SMS communications, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Website or services.

2. Use of the Website

Eligibility: You must be at least 18 years old to use our Website. This age requirement ensures that you have the legal capacity to enter into binding agreements as outlined in these Terms. By using the Website, you represent and warrant that you meet this requirement.
User Conduct: You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited behavior includes harassing or causing distress to any other user, transmitting obscene or offensive content (including hate speech, threats, or discriminatory language), or disrupting the normal flow of dialogue within the Website.

3. Intellectual Property Rights

Ownership: All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of Visuals by Momo LLC or its content suppliers and is protected by United States and international copyright laws.
License: Unless otherwise stated, Visuals by Momo LLC and/or its licensors own the intellectual property rights for all material on Visuals by Momo. All intellectual property rights are reserved. You may access this from Visuals by Momo for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from Visuals by Momo
Sell, rent, or sub-license material from Visuals by Momo
Reproduce, duplicate, or copy material from Visuals by Momo
Redistribute content from Visuals by Momo

This Agreement shall begin on the date hereof.

4. User-Generated Content

Parts of this Website offer users an opportunity to post and exchange opinions and information in certain areas. Visuals by Momo LLC does not filter, edit, publish, or review Comments before their presence on the Website. Comments do not reflect the views and opinions of Visuals by Momo LLC, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts them. To the extent permitted by applicable laws, Visuals by Momo LLC shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

Visuals by Momo LLC reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so.
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party.
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Visuals by Momo LLC a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.

You warrant and represent that:

You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so.
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party.
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Visuals by Momo LLC a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.

5. SMS Communications

Consent to Receive SMS Messages: By providing your phone number and opting in, you consent to receive SMS messages from Visuals by Momo, including promotional offers, updates, and notifications. Message frequency may vary. Standard messaging and data rates may apply, and users are responsible for any such charges imposed by their mobile carrier. Users will not receive additional notification of potential costs beyond this statement.
Opt-In Process: Users can opt in via:
- Website Form: Providing their phone number and checking the consent box on our Website or associated pages.
- Keyword Texting: Texting a designated keyword (e.g., "VBM") to our specified number.
- Confirmation: A confirmation message will be sent upon successful subscription.
Opt-Out Process: To stop receiving SMS messages, users can:
- Reply "STOP" to any SMS received.
- Contact us via email at support@visualsbymomo.com or use the Website’s contact form.
- A confirmation message will be sent upon opting out.
User Responsibilities: Users are responsible for providing accurate and up-to-date contact information and promptly notifying us of any changes.
No Guarantee of Delivery: Visuals by Momo is not liable for delays or failures in SMS delivery due to network issues or carrier restrictions.
Privacy and Data: Please refer to our Privacy Policy for details on data collection and protection.
Changes to SMS Terms: We may modify these SMS terms at any time, and users will be notified of any significant changes via SMS or email prior to the changes taking effect. Continued participation constitutes acceptance of the revised terms.

6. Hyperlinking to Our Content

Permissible Links: The following organizations may link to our Website without prior written approval:
- Government agencies
- Search engines
- News organizations
- Accredited businesses

These organizations may link to our home page, publications, or other Website information so long as the link: (a) is not deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

Approval Requirements: We may consider and approve link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources
- Dot.com community sites
- Associations or other groups representing charities
- Online directory distributors
- Internet portals
- Accounting, law, and consulting firms
- Educational institutions and trade associations

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Visuals by Momo LLC; and (d) the link is in the context of general resource information.

Linking Instructions: Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name
- By use of the uniform resource locator being linked to
- By use of any other description of our Website that makes sense within the context and format of content on the linking party's site

No use of Visuals by Momo LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability: We shall not be held responsible for any content that appears on websites linking to our Website. You agree to protect and defend us against all claims that arise on your website due to such links. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Reservation of Rights: We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of Links from Our Website: If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but are not obligated to do so or respond to you directly. We reserve the right to approve or deny any such requests.

7. Cookies

Our Website uses cookies to enhance your online experience and improve functionality. Cookies are small text files placed on your hard drive by a web page server. These files cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie.

We use cookies for the following purposes:

Required Cookies: Essential for the operation of the Website, enabling features such as account login and session management. These cookies do not require user consent as they are necessary for the Website’s functionality.
Optional Cookies: Used to analyze user behavior, personalize content, and track information for statistical or marketing purposes. You have the ability to accept or decline these cookies through your browser settings.

Additionally, by accepting required cookies, you may also accept third-party cookies that are used via third-party services integrated into our Website, such as video display windows. For more details on how we use cookies and manage your data, refer to our Privacy Policy.

8. Disclaimer and Limitation of Liability

Disclaimer: The Website and its content are provided "as-is" without any warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Visuals by Momo LLC does not guarantee that the Website will be error-free, secure, or uninterrupted.
- Limitation of Liability: To the maximum extent permitted by applicable law, Visuals by Momo LLC will not be liable for:
  - Any indirect, incidental, or consequential damages.
  - Damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the Website.
  - Fraud, death, or personal injury caused by negligence or willful misconduct.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages; in such cases, our liability is limited to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify Visuals by Momo LLC against any claims or damages arising from your violation of these Terms or use of the Website. Examples of such violations include, but are not limited to, unauthorized use of copyrighted materials, posting defamatory or obscene content, engaging in fraudulent activities, or violating applicable laws or regulations while using the Website.

10. Termination

We reserve the right to terminate your access to the Website for any conduct deemed harmful, unlawful, or in violation of these Terms.

11. Governing Law

These Terms are governed by the laws of the State of Florida. Disputes will be resolved in Broward County, Florida.

12. Refunds and Cancellations

If any paid services or subscriptions are offered, refunds and cancellations will be addressed as follows:

Refunds: Requests for refunds must be submitted within 14 days of payment. Refunds may be subject to a processing fee.
Cancellations: Users may cancel services by providing a written request via email to support@visualsbymomo.com. Certain prepaid services may be non-refundable.

13. Accessibility Statement

Visuals by Momo is committed to ensuring accessibility for users with disabilities. We strive to improve the accessibility of our Website and welcome feedback. For accessibility assistance, please contact us at support@visualsbymomo.com.

14. Force Majeure

Visuals by Momo shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, government actions, or technical failures.

15. Third-Party Links Disclaimer

Our Website may contain links to third-party websites. We are not responsible for the content, policies, or practices of third-party websites and encourage you to review their terms and policies.

16. Data Retention Policy

User data, including SMS-related information, is retained as long as necessary to fulfill the purpose for which it was collected or as required by law. Users may request data deletion by contacting support@visualsbymomo.com.

17. Children’s Privacy

Our Website is not intended for users under the age of 13. We do not knowingly collect personal information from children under 13. If such information is inadvertently collected, please contact us for immediate deletion.

18. Payment Terms

All payments for services must be made using approved payment methods. Visuals by Momo implements secure payment processing to protect against fraud. Users are responsible for ensuring sufficient funds and accurate payment details. Failure to process payments may result in suspension or termination of services.

19. Changes to These Terms

We may revise these Terms at any time. Continued use of the Website after revisions indicates acceptance.

20. Contact Information

For questions about these Terms, contact us at:
Address: 1350 E Sunrise Blvd, Suite 112, Fort Lauderdale, FL 33304
Email: support@visualsbymomo.com
Phone: (954) 745-7922

Acceptance of Production Services Terms:

By accessing and using our production services, you acknowledge and agree to be bound not only by our general Terms and Conditions available on this website but also by the specific Production Terms, which can be accessed via the linked text here. Your continued use of our services constitutes acceptance of these terms.