Terms & Conditions
(Last updated 02/12/17)
TERMS & CONDITIONS
By accessing or using the MemoryBox website, the MemoryBox service, or any applications (including mobile applications) made available by MemoryBox (together, the "Service"), however accessed, you agree to be bound by these Terms and Conditions ("Terms and Conditions"). The Service is owned or controlled by Mnemania, Inc. ("MemoryBox"). These Terms and Conditions affect your legal rights and obligations. If you cannot or do not agree to be bound by all of these Terms and Conditions, please do not access or use the Service.
We may change, modify or revise these Terms and Conditions at any time. The changes made to the terms will come into effect as soon as they are posted on our website (@ MemoryBox.com) and your use of our website (or of any services provided through our website) will be subject to the amended terms. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website or mobile apps.
The Software transacted through (MemoryBox, and all MemoryBox APIs hereafter called the Service) are licensed, not sold, to You for use only under the terms of this license. MemoryBox reserves all rights not expressly granted to you. There is no End User License Arrangement between you and Apple and MemoryBox is solely responsible for the content.
MemoryBox allows you and other users to post, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to MemoryBox, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of MemoryBox, who may also use your Content subject to these Terms. That said, you retain any and all of your rights to any Content you submit, post or display on or through the Service, and you are responsible for protecting those rights.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed, and copies of your Content may continue to exist on MemoryBox and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service. We are also not responsible for any loss of Content whether incurred directly or indirectly, or any loss of use resulting from any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or unauthorized access, use or alteration of your transmissions or content
You represent and warrant that the Content is yours or you have the right to post the content subject to the Terms listed below.
The MemoryBox website and a base version of the MemoryBox app are FREE because the Service is supported by advertising revenue. That’s the value exchange: You get it for free because we generate revenues from selling ads, just like on broadcast TV. If we didn’t feature ads, we would not be able to provide you with the service at no cost.
Thus, the service displays advertisements and promotions, and you hereby agree that MemoryBox may place such advertising and promotions on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
DOs and DO NOTs
When using MemoryBox:
- You represent and acknowledge that all information you provide or provided to MemoryBox upon registration and at all other times will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy. In other words: Tell the truth.
- You must be at least 13 years old to use the Service.
- You are responsible for any activity that occurs through your account, and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their clients, companies or brands, MemoryBox prohibits the creation of third-party Personal or Brand Accounts, and you agree that you will not create an account for anyone other than yourself (Personal Account) or the company, organization or brand that you officially represent (Brand Account).
- You agree that you will not solicit, collect or use the login credentials of other MemoryBox users. Stealing is wrong.
- You are responsible for keeping your password secret and secure.
- You are responsible for your conduct and any data, text, files, information, posts, usernames, images, graphics, photos, profiles, audio and/or video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via MemoryBox. Be courteous to fellow members of the MemoryBox community or you will be asked to leave the community. Follow the golden rule: Treat people as you’d like to be treated, and don’t be a jerk.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers, non-public email or snail mail addresses, or non-public physical addresses. This is worth repeating: Don’t be mean and cyberbully anyone. Seriously. It’s just not cool.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
- While we feel strongly about people’s rights to free speech, we have certain standards that you have to follow if you want to use the MemoryBox service. You may not post violent, discriminatory or racist, unlawful, illegal, infringing, hateful, pornographic or sexually suggestive photos, nor any Content that promotes illegal activities through MemoryBox. In Public Memories, nudity is not allowed. In Unlisted Memories, you may post tasteful topless pictures (e.g. breastfeeding shots, including nipples), but nothing revealing human genitalia. Remember: The minimum age to join is 13 so govern yourself accordingly. Ask yourself: Would I want my 13 year old daughter or son to be exposed to this stuff (if you have children)? If the answer is, “Not really,” don’t post it.
- You must not change, modify, adapt or alter MemoryBox or change, modify or alter another website so as to falsely imply that it is associated with MemoryBox.
- You must not access MemoryBox's private API by means other than those permitted by MemoryBox. Permission to access MemoryBox’s API is granted on a case-by-case basis and may be revoked from any user or entity, at any time, at MemoryBox’s complete discretion.
- If you have a Personal Account, you must not create, submit or post unwanted comments, descriptions, captions, tags, likes, branded “Featured” Images or other forms of commercial communications (a/k/a "spam") on MemoryBox. If you have a Brand Account, please be mindful that excessively commercial Featured Images will not be permitted. If it feels like "spam", we're going to ask you to remove it.
- You must not interfere or disrupt MemoryBox, its networks or Service by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any MemoryBox page is rendered or displayed in a user's browser or device. If you do so , we will search for you, we will find you, and we will prosecute you to the fullest extent of the law.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms and Conditions or any other MemoryBox terms. Play nice.
We do not permit copyright-infringing activities and infringement of intellectual property rights on MemoryBox, and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner, or an agent thereof, and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists, or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a 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;
- 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.
- You can contact our Copyright Agent via email at copyright@MemoryBox.com.
THIRD PARTY SITES
MemoryBox may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third-party sites.
You Will Indemnify, Defend And Hold Harmless MemoryBox, Including Its Officers, Directors, Employees, Affiliates, Licensors, Suppliers, Information Providers, And Agents (Collectively "MemoryBox Affiliates") From And Against All Losses, Claims, Liabilities, Expenses, Damages And Costs, Including Reasonable Attorneys' Fees, Resulting From Any Violation Of These Terms Or Any Activity Related To The Service (Including Negligent Or Wrongful Conduct) By You Or By Any Other Person Accessing The Service As Your Invitee, Such As By Using Your Account.
Like love, you understand and agree that the MemoryBox App(s) and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App(s) or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Hey, we’re only human, and there are few guarantees in life. That said, we will try not to disappoint you. We care about this Service and want to be proud of our work.
LIMITATION OF LIABILITY
To the fullest extent permitted under law, MemoryBox will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any direct, incidental, indirect, special, or consequential damages or liabilities (including any loss of data, revenue or profit) arising with respect to your use of the Service, even if you have been advised of the possibility of such damages. This limitation applies to damages arising from (i) use or inability to use the Service, (ii) cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your transmissions by third parties, (iv) third-party content made available to you through the Service, or (v) any other matter relating to the Service.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights depending on the state where you live.
In the event of a copyright dispute, please email MemoryBox at copyright@MemoryBox.com. For all other disputes, contact us at info@MemoryBox.com. If after 30 days the dispute cannot be resolved, then you or MemoryBox may begin a formal proceeding.
Except if you opt out or for disputes relating to: (1) your or MemoryBox's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; you agree that all disputes between you and MemoryBox (whether or not such dispute involves a third party) with regard to your relationship with MemoryBox, including without limitation disputes related to these Terms and Conditions, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you and MemoryBox hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf.
Neither you nor MemoryBox will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if MemoryBox is a party to the proceeding.
This dispute resolution provision will be governed by the American Arbitration Association. Place of Arbitration will be decided by both parties. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions.
You may opt out of this agreement to arbitrate. If you do so, neither you nor MemoryBox can require the other to participate in an arbitration proceeding. To opt out, you must notify MemoryBox in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: MemoryBox, c/o Mnemania, Inc., PO Box 250457, New York, NY 10025.
You must include your name and residence address, the email address you use for your MemoryBox account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with MemoryBox.
Violation of these Terms and Conditions may, in MemoryBox's sole discretion, result in termination of your MemoryBox account. You understand and agree that MemoryBox cannot and will not be responsible for the Content posted on the Service, and you use the Service at your own risk. If you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for MemoryBox, we can stop providing all or part of the Service to you. We reserve the right to refuse access to the Service to anyone for any reason at any time.
CHANGES TO TERMS & CONDITIONS
We may change these Terms & Conditions from time to time. If we make any alterations, we will change the “Last Updated” date above.