Welcome to MemoryWeb!
IMPORTANT NOTE: To the extent that MemoryWeb may be used to reproduce materials, it is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
MemoryWeb reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. The most current version of these Terms will supersede all previous versions.
1. Privacy and Communication
You may access and use MemoryWeb solely for your personal, noncommercial use. Except as expressly authorized hereunder, MemoryWeb may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization.
the collection, copying or distribution of any portion of MemoryWeb or MemoryWeb Materials;
any resale, commercial use, commercial exploitation, distribution, public performance or public display of MemoryWeb or any of MemoryWeb Materials;
modifying or otherwise making any derivative uses of MemoryWeb or any of MemoryWeb Materials;
scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
with the exception of your own Media or others' Media available for download, the downloading of any portion of MemoryWeb, MemoryWeb Materials or any information contained therein; or
any use of MemoryWeb or MemoryWeb Materials other than for their intended purposes.
Any use of MemoryWeb or of any Materials from the website other than as specifically authorized herein, without the express prior written permission of MemoryWeb or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
3. Your submissions
User Content that, in the sole judgment of MemoryWeb, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying MemoryWeb, or which may expose MemoryWeb or its users to any harm or liability of any nature. MemoryWeb includes hosting services, discussion forums or other interactive areas in which you or other users may post or transmit Photos, Videos, text, music, messages, information or other content or materials (collectively, "User Content"). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through MemoryWeb any of the following:
User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation Photos, Videos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. MemoryWeb recommends you use an "adult-content" warning label when pictures are being shared that include legal adult content;
Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material; and
By using MemoryWeb to access any of these Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Because MemoryWeb may have no control over sites and information that may contain content that is offensive, indecent or objectionable, you agree to use the Services at your sole risk.
While MemoryWeb is not responsible for the content of the submissions, MemoryWeb reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. MemoryWeb may request confirmation of the copyright or trademark ownership from the submitter. If MemoryWeb does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, MemoryWeb reserves the right to share certain account information with governmental organizations or other third parties. If you dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, MemoryWeb reserves the right to suspend the display, viewing or sharing of any submissions until the issue has been resolved. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by MemoryWeb for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived.
MemoryWeb will not be liable for the content of any submission.
4. Copyright Notice & Complaints
You retain the copyright in any User Content you post on MemoryWeb. MemoryWeb neither has nor wants any ownership of your Content.
You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as unlisted, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. MemoryWeb will not be responsible or liable for any third party access to or use of the User Content you post. MemoryWeb provides many security options and settings for your content and you should read and understand them all.
If you believe that any material on MemoryWeb infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
ATTN: Copyright Protection
Glen Ellyn, IL 60137
"MEMORYWEB", the MemoryWeb logo, the look and feel of MemoryWeb, and any other Product or Service names, logos or slogans of MemoryWeb contained in MemoryWeb are trademarks of MemoryWeb (collectively, the "MemoryWeb Marks") and may not be copied, imitated or used without the prior written permission of MemoryWeb. All other trademarks, registered trademarks, product names and company names or logos mentioned in MemoryWeb are the property of their respective owners.
6. Title and Proprietary Information
"Intellectual Property Rights" shall include all functional and ornamental aspects of the Service, including of any screen displays, all websites provided by MemoryWeb Corporation with its Services, technical notes, computer program code, scripts, training materials, and works of authorship that may form a part of the Services or are generated or provided by MemoryWeb as part of the Service, all related technology, all training methods and materials, all MemoryWeb trademarks and names, and all other proprietary information of MemoryWeb, including patent, patent applications, patentable subject matter developed by MemoryWeb, trade secrets (including data, programming code etc.) trademark, copyright, and all other intellectual property rights therein. Except for the limited license granted herein, the Service and all related documentation and materials, and all Intellectual Property Rights contained therein, are and shall remain the sole and exclusive property of MemoryWeb. All rights and licenses not expressly granted to the Intellectual Property Rights as part of this Agreement are reserved by MemoryWeb.
You may create a text hyperlink to MemoryWeb, provided such link does not portray MemoryWeb or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by MemoryWeb at any time. Further, you may not frame MemoryWeb without MemoryWeb's express written consent.
MemoryWeb makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from MemoryWeb, or Web sites linking to MemoryWeb. MemoryWeb provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave MemoryWeb, you should be aware that our terms and policies no longer govern.
8. Third Party Content
MemoryWeb may host third party content on MemoryWeb ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by MemoryWeb of any Third Party Content. MemoryWeb makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.
9. Registration, Billing, Automatic Renewal, and Cancellation
In order to become a Member of MemoryWeb, you must register to create a MemoryWeb account or sign in with an existing MemoryWeb account ("MemoryWeb Account"). You may be either a Free Trial Member and/or you may be a Paid Member.
During the registration process, you will be required to provide certain information, and you will create a MemoryWeb username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information regularly to keep it accurate, current and complete. We reserve the right to suspend or terminate your account and Membership in the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You can find the specific details regarding your Membership at any time by visiting the "Settings" option on MemoryWeb.
Plan Types and Fees; Inactive Plans
As a Member, you can choose to be enrolled in either a free plan or a paid plan. The free plan (the "Free Plan") is available at no cost but has a limited timeframe of service and may exclude features available with Paid Plans. Paid Plans are available on an annual basis or monthly basis (the "Paid Plans") and are limited to an amount of storage (e.g., the intitial limit is 1 TB of storage); if user surpasses the paid plan storage limit, they will move to a customized paid plan (the Customized Plan") that will have different pricing to accommodate the user’s storage; the fees for the Paid Plans and Customized Paid Plans are set by time and payment schedule may vary depending on applicable referral/user bonuses, the user-activated addition of other features, or from yearly rate increases that may be added at the sole discretion of MemoryWeb.
If a user’s account begins to upload photo(s) that will cause the account to exceed the Paid Plan (e.g., 1TB of storage), the user will be asked to move to a Customized Plan and the upload process will be inactivated until the user subscribes to the new Customized Plan.
Customized Paid Plans may be developed by MemoryWeb to accommodate users needing more storage. These same terms and conditions from this agreement apply to those plans, with the exception of the customized storage limits, fees, and payment options designed by MemoryWeb for each custom account user.
If you are a Paid Account Member/Customized Paid Account Member and the upload function of your account has been frozen due to storage capacity, MemoryWeb may offer you a Customized Paid Plan. You will have 30 days to accept/upgrade your account to the Customized Paid Plan. If you do not upgrade your account after 30 days, MemoryWeb may choose to delete your account and all its contents permanently. You also agree that it is solely your responsibility to backup any photos that cannot be uploaded to your MemoryWeb account during any time lapse between the upload function being inactivated and your acceptance and paid subscription to a Customized Paid Plan.
If you are using a Free Trial, you may upgrade your plan at any time during the trial period by accessing the "Settings" section of the Site. After the completion of the trial period, you will be prompted to upgrade your plan, and you will no longer be able to access your account, with the exception of the pages that allow you to upgrade to a paid account.
If you are already a Paid Plan member and your payment method becomes invalid for whatever reason, you will be prompted to update your payment method, and you will no longer be able to access your account, with the exception of the pages that allow you to upgrade to a paid account, until you provide a valid form of payment.
If you do not supply a valid method of payment within 30 days of an expired Free Trial Plan or within 30 days of notification that your Paid Plan payment method is invalid, then we, in our sole discretion, may suspend or terminate your Account and delete any or all of your stored Content; we will try to provide you with notice prior to deleting your Content or deactivating your account but are under no obligation to do so.
IMPORTANT NOTICE: While we will do our best to notify you before we delete your stored content, MemoryWeb will delete your account in its entirety if you do not submit a valid form of payment within the timeframe specified in our notifications. We must strictly adhere to this data deletion protocol in order to offer fixed-fee account pricing.
By enrolling in a Paid Plan, you expressly allow us to charge a fee to the payment method ("Payment Method") you selected during purchase (or to a different Payment Method if you change your billing information) at the then-current rate, and any other charges or taxes that may apply in connection with your use of the Service. As used in these Terms, "billing" will indicate either a charge or debit, as applicable, against your Payment Method. You will be billed at the start of your Paid Plan and each month or year thereafter, unless and until you cancel your subscription. In the event we are unable to charge an applicable renewal fee to your Payment Method for more than thirty (30) days after the beginning of a renewal term of your Subscription Plan, your account and all files/data will automatically be terminated. You agree that it is your responsibility to keep your Payment Method up-to-date; we expressly reserve the right to suspend or terminate your Membership and subscription in the event we are unable to charge to your Payment Method. Go to the "Settings" section of your account to see the date for your next renewal period.
Automatic Renewal and Notice
We will automatically bill to the Payment Method and renew your current Paid Plan for another term when each term expires. Each Paid Plan will renew for an additional term at the end of the current term. Unless otherwise specified, the automatically renewed plan will be for the same term and will be at the same price and at the same service level as your prior plan. We will notify you in advance of any change in the amount to be charged for the renewed plan in the pre-renewal notification. Each automatic renewal and corresponding payment will be processed on the first day of the new term.
Automatic Enrollment Following Free Trial or Promotion
From time to time, we may offer you promotions that provide a discount on paid plans or make paid plans free for a period of time. Depending on the terms of your promotional offer, you may be enrolled into a paid plan before or following the expiration of your promotional period unless you cancel prior to the end of the promotional period.
Cancellation and Refunds
YOU MAY ONLY CANCEL YOUR PAID PLAN WITHIN FIRST 30 DAYS AFTER THE START OF YOUR PAID PLAN PERIOD. IF YOU CANCEL YOUR PAID PLAN WITHIN THE FIRST THIRTY (30) DAYS OF THE START OF THE PAID PLAN PERIOD, YOU WILL RECEIVE A FULL REFUND. THEREAFTER, NO REFUNDS OR CREDITS WILL BE PROVIDED FOR CANCELLED PAID PLANS. To cancel, you will need to contact Customer Support at firstname.lastname@example.org.
10. Right to Terminate
We reserve the right to terminate, suspend or restrict your Membership and plan to the Service, with or without notice, for any or no reason whatsoever. If we do so, we will try to let you know in advance and help you retrieve your original uploaded photos and videos, although there may be some cases (for example, repeated or flagrant violation of these Terms, a court order, or danger to other users) where we may suspend your Membership and plan immediately.
11. Effect of Cancellation, Expiration or Termination
In the event of cancellation, expiration, downgrade or termination of your subscription or Membership, you may be unable to access your Content and you may no longer be allowed to upload additional Content. You may also lose access to certain features or functionality only available to current subscribers.
IN THE EVENT OF CANCELLATION, EXPIRATION, DOWNGRADE, OR TERMINATION OF YOUR PLAN OR MEMBERSHIP, WE MAY ALSO DELETE SOME OR ALL OF YOUR CONTENT. IT IS YOUR RESPONSIBILITY TO BACK-UP YOUR PHOTOS AND OTHER UPLOADED CONTENT PRIOR TO THE CANCELLATION, EXPIRATION, DOWNGRADE OR TERMINATION.
12. Advertisements And Promotions; Third Party Products and Services;
While our plan is not to do any advertising, if the company needs to add advertising (e.g., to offset expenses for Free accounts), MW has the ability to do so and may run advertisements and promotions from third parties or facilitate the sale of certain products or services by third parties. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and MemoryWeb does not endorse, approve, or control any such products, services, advertising or promotions. MemoryWeb is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on MemoryWeb.
13. Age requirements
You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.
14. About your account
Creation of an Account
Certain activities on MemoryWeb require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form ("Registration Data") is complete and accurate. MemoryWeb reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as MemoryWeb may send important notices about your account or the Services to that email account.
Access to your account
Your account with MemoryWeb is available for your personal, non-commercial use. You can allow other people to view selected images from your account through MemoryWeb’s on-line share feature. The people you invite to view your images through on-line share will be able to see the images you have selected for them and will not have access to your entire account. You may also share directly to social media and directly to other MemoryWeb accounts. If you share collections to another MemoryWeb user, the share recipient will have access to download the full-size photos and all tags/captions you have associated with the photos in the shared collection(s).
Linking directly to images on MemoryWeb’s servers from external sites is expressly prohibited.
We need to be able to access your account for the following reasons:
We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
To maintain our Service to you and develop new and useful features and services;
To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
MemoryWeb reserves the right to close accounts set up for fraudulent purposes.
There is no fee to open a MemoryWeb account.
Requests from Authorities
15. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into MemoryWeb. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing MemoryWeb or its contents. You agree to immediately notify MemoryWeb of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to MemoryWeb.
16. Social Media and Networking Sites
As a Member of the Service, you have the option of granting us access to your account(s) with certain third-party social media and networking sites, such as Facebook, Instagram, Twitter, and others (each, an "SNS"). Provided an SNS permits this, we can capture and make available on the Site and through the Application the photos and other content that you have stored in your account(s) with such SNSs ("SNS Content"). By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site and through the Application. We are not responsible for any SNS Content stored on an SNS that you choose to make available on the Site and through the Application. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site and through the Application. Please note that if an SNS account becomes unavailable or SNS terminates our access to your SNS account(s), any Content from that SNS may no longer be available on the Site and through the Application. You have the ability to disable the connection between the Site and Application and your SNS account(s), at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT 5YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
17. Member Submissions
Any Content you post, upload, publish, submit or transmit via the Service is subject to MemoryWeb’s Terms and Conditions.
18. General Legal Terms
Any dispute or claim arising from or relating to these Terms or the Service is subject to the disclaimer of warranties, limitation of liability, governing law and all other terms in MemoryWeb’s Terms and Conditions.
19. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.
Services that may be accessed from the MemoryWeb Software are not available in all languages or in all countries.
MemoryWeb reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the MemoryWeb Infinity Accounts and MemoryWeb Infinity Account Plans, including making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by MemoryWeb, your MemoryWeb Infinity Account will terminate, and we will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. MEMORYWEB WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS HOSTED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF MEDIA OR OTHER MATERIALS YOU POST TO THE SITE.
20. Non-US Laws and Language
Services that may be accessed from the MemoryWeb Software are not available in all languages or in all countries. MemoryWeb makes no representation that such Services are appropriate or available for use in any particular location. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
21. Third-party software
We may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company’s terms and conditions, and the agreement will be between you and the respective company.
This means that we do not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. We do not offer any warranty on any third-party software you download using Our Service.
22. Third-party links
We may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns.
23. Copyrighted material and software
All of the information, content, software and materials we offer are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
25. U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account.
Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflict of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this Agreement will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.
29. Pricing; Payment Terms
All prices are listed in U.S. dollars and are valid until altered by us. MemoryWeb currently accepts VISA, MasterCard, Discover and American Express credit cards. MemoryWeb reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your MemoryWeb Account or your order for Products, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse MemoryWeb for any and all costs incurred in collecting amounts owed by you to MemoryWeb, including, without limitation, attorneys' fees and costs of collection agencies.
30. Disclaimer of Warranties
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH MEMORYWEB’S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMORYWEB EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMORYWEB MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEMORYWEB MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH MEMORYWEB’S SITE OR ADVERTISED THROUGH MEMORYWEB’S SITE.
31. Limitation of liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MEMORYWEB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA OR INFORMATION, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MemoryWeb SOFTWARE, SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE MEMORYWEB SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MEMORYWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MemoryWeb's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
32. Customer Policy for Idea Submission
Many of our customers are interested in submitting ideas for products and services to be used at MemoryWeb, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:
Unsolicited ideas submitted to MemoryWeb, LLC or any of its employees automatically become the property of MemoryWeb LLC
By submitting unsolicited ideas to MemoryWeb LLC you automatically forfeit your right to the intellectual property of these ideas.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to MemoryWeb LLC or its employees.
If we think there is opportunity to pursue your idea further, we will contact you. Please note that a proper legal agreement may need to be executed in order to evaluate your concept(s).
33. Intellectual Property
You agree that the Services may contain proprietary content, information and material that is owned by MemoryWeb and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
We may assign our rights and responsibilities hereunder without notice to you.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service.