Welcome to memories
Memories.com is a cloud-based content publishing service. Our service makes it easier for people to create, store, and share stories of themselves and their loved ones with the help of our interactive narrative editor and memories sharing features. By using our free service, you can create a personal account that gives you the intuitive tools to create multiple interactive stories of peoples’ lives for posterity, including yourself, named a "Lifeline". The service enables you to send email invites to friends and family to contribute their memories of a person’s Lifeline. At any time, you may preview the person’s incomplete or completed Lifeline through the web and through any number of device types (e.g., desktop, laptop, tablets, and smartphone devices) that you choose. If you wish to make the person’s Lifeline public, you may purchase our paid service, Publishing Product, that includes publishing, search, and downloadable video features of a Lifeline. Otherwise, all Lifelines will be made available for private viewing in your account with an option to pay for the Publishing Product at any given time.
This document, the Memories Terms of Service ("Terms
"), outlines the terms regarding your use of our service. These Terms are a legally binding contract between you and Memories so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing or browsing the the free and paid Memories service on our websites or by registering for a Memories account ( "Service
") you are agreeing to be bound by these Terms for the Services provided by Memories ("Memories
" or "we
") and entering into this contract with Memories LLC.
In order to use the Service, you must be legally permitted to accept these Terms. The Service is not intended for use by children under the age of 13. By accepting these Terms you are declaring you are 13 years old or older. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read the Terms with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the Terms and responsible for your child’s activity and user ofthe Services.
2. Changes to these terms
We reserve the right to modify these Terms. We will post the most current version of these Terms at www.memories.com (the "Site
"). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing email@example.com
. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
3. Your account
Certain aspects of the Services may require you to register and obtain an account designating a user ID and password. When registering with Memories you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.
You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 9). Only you may use your Memories account and you are responsible for all aspects of your account. Each user must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact Memories Support via our email: firstname.lastname@example.org
4. Consent to electronic communications and solicitation
By registering with Memories or signing up for Services, you understand and consent to us sending you (including via email) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Memories's products and services. You may choose to opt-out of receiving advertising and marketing materials by unsubscribing from such communications by contacting us by email: email@example.com
Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receive notices (other than advertising and marketing materials) electronically, you must stop using the Services.
We call all the photos, stories, and quotes you and/or your friends and family create, upload, and store on your account "Content
". All Content uploaded by you into your account is yours. We don't control, verify, or endorse the Content that you or others put on the Service. You are responsible for: (a) all Content in your Lifelines and in your Memories account that you share through the Service, and (b) making sure that you have all the rights you need in relation to the Content. In addition, by creating, storing, editing Content by you or others you invite, you confirm that you will not violate any law or these Terms (please also see the Acceptable Use Policy in Section 9).
You agree to provide Memories (as well as agents or service providers acting on Memories’ behalf to provide the Service) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Service but only: (i) as necessary for us to provide the Service, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.
6. Copyright complaints and removal policy
Memories respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.
If you believe there has been a violation of your intellectual property rights, please contact our designated copyright agent by email: firstname.lastname@example.org
or by mail:
Attn: Copyright Agent, Memories LLC, 8810 W 116th Circle, Suite A, Broomfield, CO USA
7. Content storage
The Service is provided from the United States. By using and accessing the Service, you understand and agree to the storage of Content and any other personal information in the United States.
8. Acceptable use policy
You agree you will not, nor will you encourage others or assist others to, harm the Service or use the Service to harm others. For example, you must not use the Service to harm, threaten, or harass another person, organization or Memories and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Service); (b) resell or redistribute the Service or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Memories) to access or use the Service; (e) use the Service beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Service to, and/or cause Memories to, violate any law or distribute any malware or malicious inappropriate Content; or (g) distribute, post, share content illegally or without permission.
9. Suspension and termination of the service
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion if a) you are in breach of these Terms; or b) your use of the Service could cause a risk of harm or loss to Memories or our other users; or c) Memories declines to renew your free service. When reasonable and as permitted by law, Memories will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Memories’ decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for Memories, or if providing notice would compromise our ability to provide the Service to our other users. For the avoidance of doubt, Memories may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.
You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Service.
Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 9. You must make such request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.
10. Updates to the service
We can make necessary deployments of changes, updates or enhancements to the Service at any time. We may also add or remove functionalities or features, or we may suspend or stop the Service altogether.
11. Third party products
Memories may make available to you optional third-party applications, services or products, for use in connection with the Service ("Third-Party Products
"). These Third-Party Products are not necessary for the use of the Service and your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is solely between you and the applicable third-party provider. Memories makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.
If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third-party provider.
12. Memories proprietary rights
All contents of the Site and Service including but not limited to logo, design, text, software, configurations, graphics, other files, and their selection and arrangement and Memories Confidential Information belong to Memories, and/or its suppliers, affiliates, or licensors.
Memories or its licensors own and reserve all rights, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights we expressly grant to you to use the Service and Memories Confidential Information. No title to or ownership of any proprietary rights related to the Service or Memories Confidential Information is transferred to you pursuant to these Terms.
If you provide comments, suggestions and recommendations to Memories about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback
"), you are automatically assigning this Feedback to Memories.
13. No warranty or conditions
There are certain things that we do not promise about the Service. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Service, their reliability, availability, or ability to meet your needs.
TO THE EXTENT NOT PROHIBITED BY LAW, MEMORIES AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Service; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Service with your unique name, password. Memories will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
15. Limitation of liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEMORIES AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, CONTENT, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, MEMORIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL MEMORIES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR MEMORIES ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MEMORIES AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE IN RESPECT OF LIABILITY ARISING UNDER SECTION 15 OF THESE TERMS, WILL BE LIMITED TO ZERO. FOR PUBLISHING SERVICE USERS, LIABILITY WILL BE LIMITED TO THE GREATER OF: (A) ONE (1) TIMES THE MOST RECENT PREMIUM FEATURE FEE; OR (B) FIFTY DOLLARS ($50 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MEMORIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
16. Dispute resolution and governing law
You must comply with all domestic and international export laws and regulations that apply to your use of the Services, such as software. These laws include restrictions on destinations, end users, and end use.
You agree that the Terms, and your relationship with Memories will be governed by the laws of the State of Colorado, U.S.A. regardless of conflict of laws principles. We both agree that the Uniform Commercial Code and the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Broomfield County, Colorado, USA and we each agree to personal jurisdiction in those courts. However, you agree that Memories can apply for injunctive remedies in any jurisdiction.
To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.
17. Payment, refund, and cancellation
Memories offers both free and paid Services. If you choose to purchase a paid Service, you agree to pay the fees ("Fees
") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Memories quoted at the time of purchase. Memories reserves the right to change the eligible currencies at any time, except where not permitted by applicable law.
Memories reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don't agree to these changes, you must stop using the Service and cancel via email email@example.com
(with cancellation confirmation from a Memories representative).
If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; or (c) shortly after purchase.
19. Memories service specific terms
If you are purchasing the Publishing Products, the following additional terms apply to you:
Publishing product specific definitions
" is the URL that can be used to share a Lifeline that can be viewed by anyone who has access to that link.
" is the Memories Service that allows you to: (a) generate a Public Link so you can share your Lifeline with family and friends, (b) allow Users to Search for your Lifeline using memories.com, and (c) download a video of a select Lifeline for keepsake and playback.
" is the functionality that enables Users to search a given Lifeline content on Memories.com.
" is any playback recording of a Lifeline.
" is any person who accesses, uses, stores or manages Content on the site.
20. General terms20.1 Severability; Entire Agreement.
These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Services.20.2 Assignment and transfer.
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service, unless we provide written consent for you to do so.20.3 Independent Contractors; No third-party beneficiaries.
Memories and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.20.4 Waiver.
The failure of either of us to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.20.5 Mobile restrictions.
The Service is available on mobile devices. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws, or that may put the physical safety of others in danger.