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Terms & Conditions

Last updated on 12/16/2023

This website makes use of a user-driven product customization and fulfillment web services, which are hosted and operated by MyMemories, LLC

BY AFFIRMING THAT YOU AGREE WITH THESE TERMS, OR ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT FOR ALL PAST, PRESENT AND FUTURE USES BY YOU OF THIS SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. MYMEMORIES, LLC RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY, YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BECOME FAMILIAR WITH SUCH CHANGES.

1. Copyrights

MyMemories, LLC is, unless otherwise stated, the owner of all copyright and data rights in the service and its contents. Individuals who have posted works to this service are either the copyright owners of the component parts of that work, or are posting the work under license from a copyright owner or his or her agent, or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the content, including any such works without the express, written consent of MyMemories, LLC, or the appropriate owner of copyright in such works. MyMemories, LLC does not claim ownership rights in your works or other materials posted by you to this service (“Your Content”).

Uploading to, or using, this site any of the following is strictly prohibited:

  • Photos, images or materials traced or derived from images you do not own the copyright to (such as images found on the Internet, images scanned from books or magazines, other artist's work, etc).
  • Photos, images or materials containing recognizable faces, or property, without a signed release.
  • Photos, images or materials containing embedded copyright notices, personal signatures or watermarks.
  • Photos, images or materials, containing copyrighted/trademarked/patented products.
  • Photos, images or materials containing logos and trademarks.
  • Photos, images or materials, that are unlawful, threatening, abusive, defamatory, obscene or that invade another person’s privacy or further the commission or concealment of a crime.
  • Photos, images, or materials, that contain software viruses or other harmful computer code, or that in any way interfere with or disrupt the services or any servers, or networks, connected to, or used with the services provided by MyMemories, LLC.

While MyMemories, LLC has an inspection process that helps flag potential copyright issues, this process may, or may not, be applied to your submissions at MyMemories, LLCs' sole discretion. Ultimately, you are responsible for the content of your images and materials. As such, it is very important that you take the time to research the images and materials that you submit, and ensure that you keep any reference material on hand in case of a dispute regarding the ownership of your images and materials. If you are not sure about the legality of reference material you did not create, please contact MyMemories, LLC.

2. Reporting Copyright Violations

MyMemories, LLC respects the intellectual property rights of others and expects you to do the same. At MyMemories, LLCs’ discretion, and in appropriate circumstances, MyMemories, LLC may remove Your Content submitted to this service, terminate your account and/or prevent access to this service, if MyMemories, LLC believes you may have infringed on the intellectual property rights of others. If you believe the copyright in your work, or in the work for which you act as an agent, has been infringed through this service, please contact MyMemories, LLCs' agent, for notice of claims of copyright infringement. The registered agent can be reached at [email protected]. You must provide the following information, which MyMemories, LLC may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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 the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
  6. 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.

3. Trademark

All brand, product and service names used in this service which identify MyMmeories, LLC, or third parties, and their products and services are proprietary marks of MyMemories, LLC and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person, any license or right on the part of MyMemories, LLC, or any third party with respect to any such image, logo or name.

4. Privacy

MyMeemories, LLC has a firm commitment to safeguarding your privacy. Please review MyMemories, LLCs’ Privacy Policy. The terms of MyMemories, LLCs’ Privacy Policy are incorporated into, and form a part of, this Agreement.

5. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this service or servers or networks connected to this website, or to disobey any requirements, procedures, policies or regulations of networks connected to this service; or, provide any information to MyMemories, LLC that is false or misleading, that attempts to hide your identity, or that you do not have the right to disclose. MyMemories, LLC does not endorse any content placed on the website by third parties, or any opinions or advice, contained in such content.

6. International Considerations

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Such includes, but is not limited to, complying with all applicable laws regarding the transmission of technical data exported from the United States, or the country in which you reside, and decency laws in the locality in which you reside.

7. Termination

You agree that MyMemories, LLC, in its sole discretion, may terminate your account, and remove and discard any content, for any reason, including and without limitation, the lack of use; or, if MyMemories, LLC believes that you have violated, or acted inconsistently, with the Agreement. MyMemories, LLC may also, in its sole discretion and at any time, discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MyMemories, LLC may immediately deactivate, or delete, your content and all related information and files. MyMemories, LLC reserves the right to bar any further access to such files or the service. You agree that MyMemories, LLC shall not be liable to you, or any third-party, for any termination of your access to the service. Paid accounts that are terminated will not be refunded.

8. Indemnity

You agree to indemnify and hold MyMemories, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand. This includes reasonable attorney fees, made by any third party due to or arising out of your content, your use of the service, your connection to the service, your violation of this Agreement, or your violation of any rights of another. You are solely responsible for your actions when using this service, including, but not limited to, costs incurred for Internet access.

9. Availability

This service is provided by MyMemories, LLC on an “AS IS” and “AS AVAILABLE” basis, and MyMemories, LLC reserves the right to modify, suspend, or discontinue the service, in its sole discretion, at any time, and without notice. You agree that MyMemories, LLC is not, and will not be, liable to you for any modification, suspension or discontinuance of the service.

10. External Links

This service, or relevant third parties, may provide links to other websites or resources. Because MyMemories, LLC has no control over such sites and resources, you acknowledge and agree that MyMemories, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible, or liable, for any content, advertising, products, or other materials on, or available from, such sites or resources. You further acknowledge, and agree, that MyMemories, LLC shall not be responsible, or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on, or through, any such site or resource.

11. Third Party Software

As a convenience, we may make third-party software available through the service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third-party provider. By downloading third-party software, you acknowledge, and agree, that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall MyMemories, LLC be liable for claims, or damages of any nature, whether direct, or indirect, arising from or related to any third-party software downloaded through the service.

12. Disclaimer of Warranty and Limitation of Liability

MYMEMORIES, LLC MAKES NO REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MYMEMORIES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. MYMEMORIES, LLC MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT MYMEMORIES, LLC IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, MYMEMORIES, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF MYMEMORIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU. IN NO EVENT SHALL MYMEMORIES, LLC AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO MYMEMORIES, LLC PURSUANT TO THIS.

13. General Legal Terms

The Agreement constitutes the whole legal agreement between you and MyMemories, LLC and governs your use of this service, and completely replaces any prior agreements between you and MyMemories, LLC in relation to this service. You agree that if MyMemories, LLC does not exercise, or enforce, any legal right, or remedy, which is contained in the Agreement (or which MyMemories, LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of MyMemories, LLCs' rights. Those rights, or remedies, will still be available to MyMemories, LLC. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable. The Agreement and your relationship with MyMemories, LLC under the Agreement shall be governed by the laws of the State of Utah without regard to its conflict of laws provisions. You and MyMemories, LLC agree to submit to the exclusive jurisdiction of the courts located within the county of Salt Lake County, Utah, to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that MyMemories, LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Further, by using this service, you agree that MyMemories, LLC, at its sole discretion, may require you to submit any disputes arising from the use of the service, or this Agreement, concerning or, including disputes arising from, or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract, or its adaptation to, newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth above.

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