MyMomMemories

Terms Of Use

We've designed MyMomMemories.com to be useful, valuable to YOU, and fun! We hope we've succeeded -- and we hope you'll let us know how we can make our site even better. All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because when you use our site, you automatically agree to them.

RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITE

(1) You agree not to re-use material from www.MyMomMemories.com. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent -- first.

There's one exception: you may download material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices.

But please don't modify the materials or use them for any other purpose; if you do, you'll be violating our intellectual-property rights.

(2) Everything you download -- the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it -- is considered licensed to you by MyMomMemories.

That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. So you're not allowed to redistribute or sell the material -- or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use.

IF YOU SUBMIT MATERIAL TO US...

(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to MyMomMemories through this site (other than your memory posts or pictures) becomes and remains our property, even if this agreement is later terminated.

This means that...

We don't have to treat any such submissions as confidential.

You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).

If we use them -- or anything like them -- we don't have to pay you or anyone else for them. We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.

(2) You acknowledge that you are responsible for any submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the memory post and/or pictures, including its legality, reliability, appropriateness, originality, and copyright.

SHARING YOUR CONTENT AND INFORMATION

By using MyMomMemories.com, you are saying that you own all of the content and information you post on MyMomMemories. In addition:

1. For content that is covered by intellectual property rights (“IP Content”), like photos, you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty-free, worldwide license to use any IP Content that you post on or in connection with MyMomMemroies ("IP License").

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. When you use an application, your content and information is shared with the application.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

 

4. When you publish content or information using the "Public" setting established in your Profile, it means that you are allowing everyone, including people not registered with MyMomMemories.com, to access and use that information, and to associate it with you (i.e., your name and profile picture).

5. Content that you post and mark as "Public" may be selected as a featured memory post and may be used in marketing materials such as in Facebook postings, Twitter posts, and featured in our Top Ten Lists. In order to make the content as readable as possible, MyMomMemories.com may slightly edit your content, adding or editing such things as grammar and capitalization.

6. We always appreciate your feedback or other suggestions about MyMomMemories.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

SAFETY

By using MyMomMemories.com, you commit to doing the following:

  1. You will not send or otherwise post unauthorized commercial communications on MyMomMemories.
  2. You will not collect users' content or information, or otherwise access MyMomMemories, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MyMomMemories.
  4. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MyMomMemories.
  5. You will not upload viruses or other malicious code.
  6. You will not solicit login information or access an account belonging to someone else.
  7. You will not bully, intimidate, or harass any user.
  8. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on MyMomMemories.
  10. You will not use MyMomMemories to do anything unlawful, misleading, malicious, or discriminatory.
  11. You will not do anything that could disable, overburden, or impair the proper working of MyMomMemories.
  12. You will not facilitate or encourage any violations of this Statement.

REGISTRATION AND ACCOUNT SECURITY

Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on MyMomMemories, or create an account for anyone other than yourself without permission. 2. You will not create more than one personal profile. [do you care? Delete if not] 3. If we disable your account, you will not create another one without our permission. 4. You will not use your personal profile for your own commercial gain. 5. You will not use MyMomMemories if you are under 13. 6. You will not use MyMomMemories if you are a convicted sex offender. 7. You will keep your contact information accurate and up-to-date. 8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. 10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

PROTECTING OTHER PEOPLE'S RIGHTS

We respect other people's rights, and expect you to do the same. 1. You will not post content or take any action on MyMomMemories that infringes or violates someone else's rights or otherwise violates the law. 2. We can remove any content or information you post on MyMomMemories if we believe that it violates this Statement. 3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. 5. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission. 6. You will not post anyone's identification documents or sensitive financial information on MyMomMemories.

LIMITATION OF LIABILITY

It's very important for you to read the next two sections carefully -- so important, in fact, that the law actually requires us to put this material in capital letters.

MYMOMMEMORIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY... USE OF (OR INABILITY TO USE) THE SITE, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR... LINE FAILURE. KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING... DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES"). FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH. EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES. DISCLAIMER THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) MYMOMMEMORIES DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES. THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES... THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE. THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. THAT DEFECTS WILL BE CORRECTED. THAT OUR SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION TO THE ABOVE, YOU (AND NOT MYMOMMEMORIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. ANOTHER DISCLAIMER

We sometimes provide access to other World Wide Web sites from our sites. But we don't endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in MyMomMemories.com or have moved to another site.

JURISDICTION

If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.

Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported... a. into (or to a national or resident of) any country to which the United States has placed an embargo (as of today, these include Cuba, Iran, Iraq, Libya, North Korea, Syria, and Yugoslavia); or... b. to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders. If you download or use the software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list. AGAIN—not sure this is applicable

WHAT TO DO IF YOUR COPYRIGHT HAS BEEN INFRINGED

MyMomMemories respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), MyMomMemorieshas implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the best way to help us locate content quickly. Information reasonably sufficient to permit us to contact you, , such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows: Please keep in mind: Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

TERMINATION OF THIS AGREEMENT

This agreement is effective until terminated by either party. MyMomMemories may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And MyMomMemories is entitled to terminate all or part of any of its Web sites at any time, without notice to you.

MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT

These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Illinois (without applying the state's conflict-of-law principles). If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. MyMomMemories may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

© 2011 MyMomMemories LLC. All rights reserved.

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