Updated on October 1, 2020
Updated on October 1, 2020
These Terms of Service are entered into by and between you and iMemories Inc. (“iMemories”, “we”, “our”, or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Service”), govern your access to and purchase and use of https://www.imemories.com, including any content, functionality, goods and services offered on or through the Website (the “Website”) and the iMemories mobile application, including all related documentation thereto (collectively with the Website, the “Service”).
Please read the Terms of Service carefully before you start to use the Service. By accepting these Terms of Service through downloading, installing, using, making purchases through or accessing the Service, or otherwise electronically indicating your acceptance, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, currently available at https://www.imemories.com/privacy, incorporated herein by reference. If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity.
If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Service or otherwise make any purchases of our goods and/or services.
The Service is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with iMemories and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.
Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
iMemories may make modifications to the Service or particular components of the Service and will use commercially reasonable efforts to notify users of any material modifications. iMemories reserves the right to discontinue offering the Service in its sole discretion without any liability to iMemories.
We may from time to time in our sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Service will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available updates. You shall promptly download and install all Updates and acknowledge and agree that the Service or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and be subject to all terms and conditions of these Terms of Service.
We reserve the right to withdraw or amend the Service, and any service, good or material we provide on or through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service.
You are responsible for making all arrangements necessary for you to have access to the Service and for ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and comply with them.
To access the Service or some of the resources, services, or goods it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features or Submissions on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. We will treat all actions through your account as if conducted by you, whether or not you had knowledge of the unauthorized use of your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information.
You can allow other users to view selected content in your account through iMemories online share feature. The users you invite to view your content through online share feature will be able to see the content you have selected for them and will not have access to your entire account.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Subject to the terms of these Terms of Service, during the term of your subscription, iMemories grants you a limited, non-exclusive, and nontransferable license to: (i) use the Service for your personal, non-commercial use, including downloading or installing our app on a single mobile device owned or otherwise controlled by you (“Mobile Device”); and (ii) access, stream, download, and use on such Mobile Device, the Service made available in or otherwise accessible through the Service, strictly in accordance with these Terms of Service.
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by iMemories, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Service for your personal, non-commercial use only. You must not: (i) reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, provided users are permitted maintain a copy for personal use for purposes of your engagement with the Service; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text outside the permitted use for your engagement with the Service; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Service, your right to use the Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by iMemories. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
All prices, discounts, and promotions posted on the Service are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your total, and will be itemized in your shopping cart. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including applicable shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipping and handling fees are included in our SafeShip Kit. Separate shipping and handling charges will apply upon returning any materials back to you. iMemories is not liable for any submission or other materials while in transit through or in possession of United States Postal Service, United Parcel Service, Federal Express or any other carrier and risk of loss remains with you until delivered to us. Risk of loss and title for any materials sent by iMemories to you passes to you upon our delivery to our carrier.
Gift cards and/or gift certificates are not redeemable for cash and cannot be returned for a cash refund. iMemories is not responsible for lost or stolen gift cards or gift certificates. If any order exceeds the value of the gift card or gift certificate, the balance of the order must be paid with a credit card at the time of placing an order.
If you elect to subscribe to the iMemories Cloud Subscription Services, during the term of your subscription, including any trial period, iMemories grants you a revocable, limited, non-transferable right to access the Service, solely in connection with your submissions. iMemories and its licensors and third party providers reserve all rights not expressly granted herein and retain all right, title and interest in and to the Service, including all intellectual property rights therein. You acknowledge that iMemories may amend or set new limits to bandwidth or storage limitations as needed to help maximize the operation and availability of iMemories’ services and to prevent abuses. iMemories reserves the right to monitor and to identify excessive use of network resources and to take technical action or other remedial measures as iMemories deems appropriate to maintain a fair level of service for all users. An alternate pricing or hosting plan may be suggested should your submissions use bandwidth or storage in an amount considered excessive by iMemories during any given time period. In such case, we reserve the right to transfer you at any time to a more appropriate service plan in our discretion.
In the event you download or access the iMemories mobile application (“iMemories App”), you hereby acknowledge and agree that the Terms of Service are by and between you and iMemories only, and not with Apple, Inc., or any of its subsidiaries (collectively, “Apple”). iMemories, and not Apple, is solely responsible for the iMemories App and the Services. Apple has no obligations whatsoever to furnish any maintenance and support services with respect to the Services. iMemories and you hereby acknowledge that iMemories, and not Apple, is responsible for addressing any claims that you or any third party may have related to the iMemories App or your possession and/or use of the iMemories App, including, but not limited to: (i) product liability claims; (ii) any claim that the iMemories App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is a third-party beneficiary of these Terms of Service as it relates to the iMemories App and will have the right (and is deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary hereof.
In the event that any warranties related to the iMemories App have been violated under the Terms of Service, you may notify Apple, and Apple will the refund purchase price for the iMemories App to you. To the maximum extent permitted by applicable law, Apple with have no other warranty obligation whatsoever with respect to the iMemories App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will by iMemories sole responsibility, subject to the terms and conditions herein.
Your subscription to the iMemories Cloud Subscription Services may be cancelled at any time, subject to these Terms of Service. In order to cancel your subscription: (i) if you subscribed for Services via the Website, you may cancel with your iMemories Web app account (via Storage Plan), or (ii) if you subscribed for Services via the iMemories iPhone or iPad app, you may cancel with your Apple App Store account (via Subscriptions). There are no cancellation fees, provided that cancellation does not provide you a refund for payments already processed, nor does it stop a pending charge. Your subscription term will continue until, and your cancellation will go into effect, on the last day of the billing cycle.
iMemories name, iMemories logo, and all related names, logos, product and service names, designs, and slogans are trademarks of iMemories or its affiliates or licensors. You must not use such marks without the prior written permission of iMemories. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
If you send or transmit any communications or materials to iMemories by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), iMemories is free to use and you hereby assign all rights, title, and interest in such Feedback without any other action or limitation between the parties governing such Feedback.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise engaging with a minor outside of the purpose of the Service; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iv) to impersonate or attempt to impersonate iMemories, an iMemories employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing); (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm iMemories or users of the Service, or expose iMemories to liability; (vi) use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service; (vii) use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (viii) use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent; (ix) use any device, software, or routine that interferes with the proper working of the Service; (x) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (xi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; or (xii) attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
The Service contains interactive features that allow users to post, submit, publish, display, or transmit (hereinafter, “post”) content or materials, including personal videos and photos, both in analog and digital formatted (collectively, “Submissions”) on or through the Service.
All Submissions must comply with applicable laws. You agree and acknowledge that your Submission is intended and authorized to be shared with other users. Any Submission you post to the Service will be considered non-confidential and non-proprietary. You retain ownership to your Submission. By providing a Submission to the Service, you grant to iMemories and its third party service providers and designated agents and subcontractors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Submission (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and iMemories’ business, including for the purpose of promoting and redistributing part or all of the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Submission from the Service. You understand and agree, however, that iMemories may, but has no obligation to, retain, but not display, distribute, or perform, server copies of your Submission that have been removed or deleted. You may remove your Submission from the Service at any time. You also have the option to make a copy of your Submission before removing it. You must remove your Submission if you no longer have the rights required by these Terms of Service.
You understand and acknowledge that you are solely responsible for any Submission you submit or contribute, and you, not iMemories, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submission posted by you or any other user of the Service.
iMemories may, but has no obligation, to review the Submissions to determine accuracy or its compliance with these guidelines and each user who posts a Submission shall be solely reliable for any damages resulting therefrom.
Submissions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that would give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy; (v) be likely to deceive any person; (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act; (vii) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (viii) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You agree and acknowledge that failure to follow these guidelines could result in legal action where a third party alleges that damages were caused by your Submission. You agree to defend, indemnify, and hold harmless iMemories, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these posting guidelines.
iMemories has no obligation to monitor or control any Submission that is or becomes available on the Service. We have the right to: (i) remove or refuse to post any Submission for any or no reason in our sole discretion; (ii) take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for iMemories; (iii) to the extent not a minor under the age of 18, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service; and (v) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
However, we do not undertake to review material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties. All statements and/or opinions expressed in these materials, and other content, other than the content provided by iMemories, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of iMemories. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the WebsiteAll information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
As part of iMemories sharing service, iMemories may provide users with access to and use of pages on the Website and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. iMemories does not guarantee the availability of a particular web address. iMemories also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by iMemories to a user as it deems necessary in its sole discretion and, at iMemories option, to provide users with an alternative web page and address.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Service may include certain functionalities or otherwise display, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”), whether during a free trial period or a paid subscription. You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
The owner of the Service is based in the State of Arizona in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IMEMORIES NOR ANY PERSON ASSOCIATED WITH IMEMORIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER IMEMORIES NOR ANYONE ASSOCIATED WITH IMEMORIES REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IMEMORIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IMEMORIES OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR ITS CONTENT, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. IMEMORIES MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OF SERICE OR THE SERVICES WILL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO IMEMORIES FOR THE APPLICABLE SERVICE UNDER THESE TERMS OF SERVICE FOR THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRIOR TO WHEN ANY CLAIM OR CAUSE OF ACTION AROSE., OR $100, WHICHEVER IS LESS.
YOU USE THE SERVICE AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IMEMORIES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE IMEMORIES, ITS AFFILIATES, EMPLOYEES, CONTRACTORS, OFFICERS AND DIRECTORS, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS, OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR OR YOUR MINOR CHILD(REN)'S USE OF THE SERVICE. YOU UNDERSTAND THAT THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES TO WHICH YOU OR YOUR MINOR CHILD(REN) MAY HAVE AS A RESULT OF HIS OR HER USE OF THE SERVICE REGARDLESS OF THE SPECIFIC CAUSE THEREOF.
You agree to defend, indemnify, and hold harmless iMemories, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Service.
All matters relating to the Service and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree that iMemories may provide notices and messages to you either within the Service or sent to the contact information that you provided. You are responsible for providing us with your most current e-mail address. If you have provided an invalid email, or such address is not capable of receiving our notices, our dispatch of such email will nonetheless constitute effective notice.
Any communication between you and iMemories under or in connection with the Service may be made by electronic mail or other electronic means. You consent to receive communications from us electronically, and agree that all terms, conditions, or otherwise, provided to your electronically satisfy any legal requirement that would be satisfied if they were in writing.
iMemories is committed to protecting copyrights and expects users of the Service to do the same. You declare that all submitted Submission is not in violation of any rights of any third parties, including intellectual property laws. You will indemnify and hold iMemories and its third party providers harmless in respect to any claim of violation of a third party’s rights or intellectual property laws. If you do not own the copyright, a copyright release form is available by contacting us at (800) 845-8199 or by email at copyright@imemories.com and such release must be included with any order to reproduce protected content.
iMemories has registered a Registered Copyright Agent with the United States Copyright Office, which limits its liability under the Digital Millennium Copyright Act (“DMCA”). It is our policy to terminate the account of any user who repeatedly infringes any copyright upon prompt notification to iMemories by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on or through the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim is infringing and a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: iMemories, Inc., 9160 East Del Camino Drive, Suite B1, Scottsdale, Arizona 85258, ATTN: DMCA Complaints; e-mail: copyright@imemories.com; telephone: (800) 845-8199; fax: (480) 767-2511.
If Submissions that you have posted to the Service have been removed, you may elect to send us a counter notice. Your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the DMCA to confirm these requirements) using the following format (including section numbers): (1) a physical or electronic signature of the subscriber; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (4) the subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending either a copyright infringement notification or counter-notification, you should consult an attorney to better understand your rights and obligations under the DMCA and other applicable laws. The forgoing notice requirements are intended to comply with iMemories' rights and obligations under the DMCA and do not constitute legal advice. iMemories will remove any infringing Submission. Where applicable, iMemories will comply with the procedures outlined in the DMCA.
Your account will be terminated if, in iMemories’ sole discretion, you are determined to be a repeat infringer.
In no event will we be liable or responsible to you or be deemed to have defaulted in any of our obligations under these Terms of Service for any failure or delay in fulfilling or performing any term of these Terms of Service, when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, epidemic or pandemic, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms of Service, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.
The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
No waiver by iMemories of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of iMemories to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service, and our Privacy Policy, constitute the sole and entire agreement between you and iMemories regarding the Service, including the goods and services provided thereunder, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
This Service is operated by iMemories, Inc., 9160 East Del Camino Drive, Suite B1, Scottsdale, Arizona 85258.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: service@imemories.com.
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