These Terms of Service ("Terms") govern your access to and use of momentforge.com and the content, features, and materials available through this website (collectively, the "Site"). The Site is operated by MOMENTFORGE, Inc. ("MOMENTFORGE," "we," "us," or "our").
1. Acceptance of these terms
By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site. If you use the Site on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.
2. Website purpose
The Site presents information about MOMENTFORGE, our capabilities, selected work, ideas, and ways to contact us. Site content is provided for general informational and promotional purposes. It is not legal, financial, technical, or other professional advice, and it should not be treated as a promise that a particular approach or outcome is suitable for your project.
Case studies, concept renders, project descriptions, and examples may be condensed, anonymized, illustrative, or presented with permission. Results vary by project, scope, collaborators, budget, schedule, and other circumstances.
3. Client services
These Terms govern the public Site only. They do not create a client, partnership, agency, employment, fiduciary, or other professional relationship. Any services MOMENTFORGE provides are governed by a separate written proposal, statement of work, master services agreement, or similar contract. If a client agreement conflicts with these Terms regarding paid services, the client agreement controls.
Sending an inquiry does not obligate either party to proceed, reserve capacity, meet a deadline, or maintain confidentiality. Do not send confidential or proprietary information before an appropriate written confidentiality agreement is in place.
4. Permitted use
You may use the Site for lawful, personal, and legitimate business purposes. You may not:
- use the Site in violation of law or another person's rights;
- attempt to gain unauthorized access to the Site, accounts, systems, or networks;
- interfere with the Site's operation, security, availability, or integrity;
- introduce malicious code, scrape the Site in a manner that burdens its infrastructure, or bypass access controls;
- misrepresent your identity or affiliation, impersonate another person, or submit deceptive information;
- use Site content to build a confusingly similar service or imply an endorsement that we have not given; or
- remove copyright, trademark, attribution, or other proprietary notices.
Ordinary indexing by public search engines and answer engines in accordance with our published technical directives is permitted. We may limit or block activity that threatens the Site or violates these Terms.
5. Intellectual property
The Site and its original content, design, text, graphics, images, video, audio, animation, software, arrangement, and branding are owned by MOMENTFORGE or used with permission and are protected by intellectual property and unfair competition laws. MOMENTFORGE, the MOMENTFORGE name and wordmark, and related marks are trademarks of MOMENTFORGE, Inc.
Client names, logos, product names, and other third-party materials belong to their respective owners. Their appearance is for identification or portfolio purposes where permitted and does not imply sponsorship or endorsement unless expressly stated.
We grant you a limited, revocable, nonexclusive, nontransferable license to access and view the Site for its intended purpose. No other license is granted. You may not copy, reproduce, modify, distribute, publish, display, sell, license, or create derivative works from Site content without the prior written permission of the applicable rights holder, except as allowed by law.
6. Inquiries and submissions
You retain ownership of material you submit through the Site. You give us a limited right to use, copy, and share that material internally and with service providers as reasonably necessary to receive, evaluate, and respond to your inquiry. You represent that you have the right to submit the material and that doing so does not violate law or another person's rights.
We welcome project inquiries, but unsolicited ideas are not accepted in confidence. MOMENTFORGE works on many projects and may already be developing concepts similar to an unsolicited idea. Submitting an idea does not create an obligation to use it, compensate you, or refrain from independent work.
7. Third-party services and links
The Site may contain links to third-party websites, social platforms, tools, or services. We do not control and are not responsible for their content, availability, security, or practices. A link does not necessarily mean that we endorse the third party. Your use of a third-party service is governed by that party's own terms and policies.
8. Availability and changes
We may update, suspend, restrict, or discontinue any part of the Site at any time. We do not promise that the Site or any content will always be available, current, complete, or free from errors. We may correct errors or omissions without notice.
9. Disclaimers
To the fullest extent permitted by law, the Site is provided "as is" and "as available." MOMENTFORGE disclaims all express and implied warranties relating to the Site, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, and security. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components.
Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.
10. Limitation of liability
To the fullest extent permitted by law, MOMENTFORGE and its directors, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, business, goodwill, or opportunities, arising from or related to the Site or these Terms, even if advised that such damages are possible.
To the fullest extent permitted by law, our aggregate liability arising from or related to the Site or these Terms will not exceed one hundred U.S. dollars (US$100). This limitation does not apply to liability that cannot lawfully be limited or excluded. Separate client agreements govern liability related to paid services.
11. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless MOMENTFORGE and its directors, officers, employees, contractors, and affiliates from claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your unlawful misuse of the Site, your violation of these Terms, or material you submit that infringes another person's rights.
12. Governing law
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Any dispute relating to the Site or these Terms that is not governed by a separate client agreement must be brought exclusively in the state or federal courts located in New Jersey, and you consent to their jurisdiction. Nothing in this section prevents either party from seeking injunctive or equitable relief in a court with appropriate jurisdiction.
13. General terms
If a provision of these Terms is found unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a reorganization, merger, acquisition, or sale of assets. These Terms and the Privacy Policy form the entire agreement between you and MOMENTFORGE concerning use of the public Site, except where a separate written agreement applies.
14. Changes to these terms
We may update these Terms as the Site or applicable requirements change. We will post revised Terms here and update the effective date. Changes take effect when posted unless a later date is stated. Your continued use of the Site after the effective date means you accept the revised Terms.
15. Contact us
Questions about these Terms can be directed to:
MOMENTFORGE, Inc.Morristown, New Jersey, United Statesinfo@momentforge.com(973) 532-2878