2. USER LICENSE
Except as specifically authorized by Memory Collect, you may not access the Services with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Services or any information, content, or material from the Services. Memory Collect reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Services or any content contained therein, whether in whole or in part, except as provided herein.
Any rights not expressly granted herein are reserved.
User Conduct. You agree that your use of the Services is subject to all applicable local, state, national and international laws and regulations. You also agree:
Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
3. SERVICES CONTENT
Nature of User Material. Some of the Services allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively, “Submit”), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, “Material”) for an Online Collection/Online Tribute/Memorial Site (Website). You agree not to Submit any Material that:
User Representations and Warranties. Each time you Submit Material to the Services, you represent and warrant that you have the right to Submit the Material, which means:
User License Grant to Memory Collect. You grant Memory Collect, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to Memory Collect in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Memory Collect to include the Material you provide in a searchable format that may be accessed by users of the Services and other websites. You also grant Memory Collect and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant Memory Collect the right to use the Material and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Services without the need for additional compensation of any sort to you. Memory Collect does not claim ownership of Material you Submit to the Services.
Disclaimer of Responsibility for Material. You acknowledge and agree that Memory Collect does not control the Material Submitted to an Online Collection or any other Service permitting user-generated Material or content, and disclaims any responsibility for such Material. Memory Collect specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Online Collection. In addition, Memory Collect does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. Memory Collect assumes no responsibility or liability for any errors or omissions in the content of the Service.
Review & Removal of Material. Memory Collect reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Online Collection (Website) available through the Service for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for an Online Collection (Website) that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, Memory Collect, will issue a full refund.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by the Services infringes your copyright, you (or your agent) may send Memory Collect a notice requesting that the content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Memory Collect to locate the content or Material within the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service should be sent to Memory Collect, 6542 Melinda Drive, Nashville, TN 37205 (or firstname.lastname@example.org). Memory Collect suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
4. TERMINATION AND MODIFICATIONS TO THE SERVICES
Memory Collect reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services (or any part thereof), including but not limited to the Services’ features, look and feel, and functional elements.
5. PAYMENT SERVICES
Credit card payment processing services for Site Sponsor on www.memorycollect.com are provided by Stripe, Inc. (“Stripe“) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement“). By continuing to operate as a Site Sponsor on Memory Collect, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to Memory Collect enabling credit card payment processing services through Stripe, you agree to provide Memory Collect accurate and complete information about you, and you authorize Memory Collect to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
7. DISCLAIMER OF WARRANTIES
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY MEMORY COLLECT, YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORY COLLECT, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL MEMORY COLLECT, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MEMORY COLLECT, HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SERVICES. MEMORY COLLECT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES. MEMORY COLLECT, ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SERVICES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEMORY COLLECT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MEMORY COLLECT, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
9. CANCELLATION, TERMINATION, TRANSFER, AND EXPIRATION OF ACCOUNT OR SERVICES
Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you Submitted, and Memory Collect may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein (including but not limited to any Online Collection (Website)). Memory Collect accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at Memory Collect’s discretion. You agree that Memory Collect shall not be liable to you or any third-party for any termination of your access to any Services.
Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to Memory Collect.
In connection with Memory Collect Online Collections (Websites), the following terms shall also apply:
10. PERMANENCE OF MATERIAL
Subject to its suspension, cancellation, and termination rights and rights to remove Material, Memory Collect represents that each Online Collection (Website) sponsored as “permanent” will remain available through the Services for the duration of Memory Collect’s existence and that each Online Collection sponsored as “one year” will remain available through the Services for one year from the date of sponsorship, unless: (a) the Services ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of Memory Collect cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Services or an Online Collection (Website) that you sponsored, or any other service to which you subscribed. You may at any time ask Memory Collect to delete without charge an Online Collection (Website) that you sponsored or purchased.
The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Services. Use of the Services is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Services. A parent, guardian or educational supervisor will be responsible for any activities of a Minor in connection with the Services regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Services.
Pursuant to 47 U.S.C. Section 230 et seq, as amended, Memory Collect hereby notifies You that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting material that is harmful to Minors. Information identifying current providers of such protections is available at the web site NetPartners.
12. YOUR ACCOUNT, PASSWORD, AND SECURITY
Some elements of the Services (such as the creation of an Online Collection (Website)) may require you to register and/or create an account with www.memorycollect.com. During this process, you must select an account designation and password and provide certain personal information to Memory Collect, including a valid email address. In consideration of the use of Memory Collect’s Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Memory Collect has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Memory Collect has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify Memory Collect of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. Memory Collect will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
13. LINKS AND FARMING
As a courtesy to you, the Services may offer links to other websites. Some of these websites may be affiliated with Memory Collect while others are not. Memory Collect is not responsible for the contents of any website pages created and maintained by organizations independent of Memory Collect. Visiting any such third-party website pages is at your own risk. Memory Collect has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Memory Collect. By using the Services, you acknowledge that Memory Collect is responsible neither for the availability of, nor the content located on or through any third-party website pages.
15. THIRD PARTY SOFTWARE
16. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS
Contact. For purposes of providing notice of cancellation or termination, contact Memory Collect at Support or Memory Collect, 6542 Melinda Drive, Nashville, TN 37205 Attention: Operations