Welcome
to Memories of Childhood! Before you begin using our interactive features, you
must read and agree to these MEMORIES OF CHILDHOOD Terms of Services
("Terms of Services") and the following terms and conditions and
policies, including any future amendments (collectively, the
"Agreement"):
·
Interactive
Content Policy - How we
promote free expression and responsible publishing
MEMORIES
OF CHILDHOOD may, in its sole discretion, modify or revise these Terms of
Services and policies at any time, and you agree to be bound by such
modifications or revisions. If you do not accept and abide by this Agreement,
you may not use the MEMORIES OF CHILDHOOD’s interactive services. Nothing in
this Agreement shall be deemed to confer any third-party rights or
benefits. Although we may attempt to
notify you when major changes are made to these MEMORIES OF CHILDHOOD Terms of
Services, you should periodically review the most up-to-date version.
1.
Description of Services.
MEMORIES OF CHILDHOOD hosts various blogs, wikis, pages, photos, videos, music,
comments, advertising, classified adverts, and resource library materials
(collectively the "Services"). You
will be responsible for all activities occurring under your username and for
keeping your password secure. You understand and agree that the Services
are provided to you on an AS IS and AS AVAILABLE basis. MEMORIES OF CHILDHOOD
disclaims all responsibility and liability for the availability, timeliness,
security or reliability of the Services or any other client software. MEMORIES OF CHILDHOOD also reserves the right to modify,
suspend or discontinue the Services with or without notice at any time and
without any liability to you.
You
must be at least thirteen (13) years of age to use the Services. MEMORIES OF CHILDHOOD reserves the right to refuse service
to anyone at any time without notice for any reason.
2.
Proper Use. You agree that
you are responsible for your own use of the Services, for any posts you make,
and for any consequences thereof. You agree that you will use the Services in
compliance with all applicable local, state, national, and international laws,
rules and regulations, including any laws regarding the transmission of
technical data exported from your country of residence and all
You
agree to abide by the MEMORIES OF CHILDHOOD Content Policy and the rules and restrictions
therein. Although we may attempt to notify you when major changes are made to
the MEMORIES OF CHILDHOOD Content Policy, you should periodically review the
most up-to-date version. MEMORIES OF CHILDHOOD may, in its sole discretion,
modify or revise the MEMORIES OF CHILDHOOD Content Policy at any time, and you
agree to be bound by such modifications or revisions.
Violation
of any of the foregoing, including the MEMORIES OF CHILDHOOD Content Policy
([insert link to Content Policy]), may result in immediate termination of this
Agreement, and may subject you to state and federal penalties and other legal
consequences. MEMORIES OF CHILDHOOD reserves the right, but shall have no
obligation, to investigate your use of the Services in order to (a) determine
whether a violation of the Agreement has occurred or (b) comply with any
applicable law, regulation, legal process or governmental request.
Much
of the content of Memories of Childhood -- including the contents of specific
postings -- is provided by and is the responsibility of the person or people
who made such postings. MEMORIES
OF CHILDHOOD does not monitor
the content of Memories of Childhood, and takes no responsibility for such
content. Instead, MEMORIES OF CHILDHOOD merely provides access to such content
as a service to you.
MEMORIES
OF CHILDHOOD does not endorse, support, represent or guarantee the
truthfulness, accuracy, or reliability of any communications posted via the
Services or endorse any opinions expressed via the Services. You acknowledge
that any reliance on material posted via the Services will be at your own risk.
3. General Practices Regarding Use and Storage. You agree that MEMORIES OF CHILDHOOD has no
responsibility or liability for the deletion of, or the failure to store or to
transmit, any Content and other communications maintained by the Services. MEMORIES OF CHILDHOOD retains the right to create limits on
use and storage at our sole discretion at any time with or without notice.
4.
Content of the Services.
MEMORIES OF CHILDHOOD takes no responsibility for third-party content
(including, without limitation, any viruses or other disabling features), nor
does MEMORIES OF CHILDHOOD have any obligation to monitor such third-party
content. MEMORIES OF CHILDHOOD reserves the right at all times to remove or
refuse to distribute any content on the Services, such as content which
violates the terms of this Agreement. MEMORIES OF CHILDHOOD also reserves the
right to access, read, preserve, and disclose any information as it reasonably
believes is necessary to (a) satisfy any applicable law, regulation, legal
process or governmental request, (b) enforce this Agreement, including
investigation of potential violations hereof, (c) detect, prevent, or otherwise
address fraud, security or technical issues, (d) respond to user support
requests, or (e) protect the rights, property or safety of MEMORIES OF
CHILDHOOD, its users and the public. MEMORIES OF CHILDHOOD will not be
responsible or liable for the exercise or non-exercise of its rights under this
Agreement.
5.
Intellectual Property Rights.
MEMORIES OF CHILDHOOD's Intellectual Property Rights.
You acknowledge that MEMORIES OF CHILDHOOD owns all right, title and interest
in and to the Services, including all intellectual property rights (the
"MEMORIES OF CHILDHOOD Rights"). MEMORIES OF CHILDHOOD Rights are
protected by
Your Intellectual Property Rights. MEMORIES
OF CHILDHOOD claims no ownership or control over any Content submitted, posted
or displayed by you on or through MEMORIES OF CHILDHOOD services. You or a third party licensor, as
appropriate, retain all patent, trademark and copyright to any Content you
submit, post or display on or through MEMORIES OF CHILDHOOD services and you
are responsible for protecting those rights, as appropriate. By submitting,
posting or displaying Content on or through MEMORIES OF CHILDHOOD services
which are intended to be available to the members of the public, you grant
MEMORIES OF CHILDHOOD a worldwide, non-exclusive, royalty-free license to
reproduce, publish and distribute such Content on MEMORIES OF CHILDHOOD services
for the purpose of displaying and distributing MEMORIES OF CHILDHOOD services. MEMORIES OF CHILDHOOD furthermore reserves the right to
refuse to accept, post, display or transmit any Content in its sole discretion.
You
represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content
submitted.
6.
No Resale of the Services.
Unless expressly authorized in writing by MEMORIES OF CHILDHOOD, you agree not
to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes (a) any portion of the Services, (b) use of
the Services, or (c) access to the Services.
7.
Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to
MEMORIES OF CHILDHOOD to participate in the Services is correct and current;
and (b) you have all necessary right, power and authority to enter into this
Agreement and to perform the acts required of you hereunder.
8.
Termination; Suspension.
MEMORIES OF CHILDHOOD may, in its sole discretion, at any time and for any
reason, terminate the Services, terminate this Agreement, or suspend or
terminate your account. In the event of termination, your account will be
disabled and you may not be granted access to your account or any files or
other content contained in your account although residual copies of information
may remain in our system for some time for back-up purposes. Sections 2, 4-6,
and 9 - 13 of the Agreement, along with applicable provisions of the general
Terms of Services (including the section regarding limitation of liability),
shall survive expiration or termination.
9.
Indemnification. You agree to
hold harmless, indemnify and defend MEMORIES OF CHILDHOOD, and its officers,
agents, and employees from and against any third-party claim arising from or in
any way related to your use of the Services, including any liability or expense
arising from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature. In
such a case, MEMORIES OF CHILDHOOD will provide you with written notice of such
claim, suit or action.
10.
Entire Agreement. This
Agreement constitutes the entire agreement between you and MEMORIES OF
CHILDHOOD and governs your use of the Services, superseding any prior
agreements between you and MEMORIES OF CHILDHOOD. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other MEMORIES OF CHILDHOOD services, affiliate services, third-party content
or third-party software.
11.
Waiver and Severability of Terms.
The failure of MEMORIES OF CHILDHOOD to exercise or enforce any right or
provision of the Terms of Services shall not constitute a waiver of such right
or provision. If any provision of the Terms of Services is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Services remain in full
force and effect.
12.
Statute of Limitations. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising of or related to use of MEMORIES OF CHILDHOOD services or the
Terms of Services must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
13.
Choice of Law; Jurisdiction; Forum. These Terms of Services will be governed by and construed
in accordance with the laws of England and Wales, without giving effect to its
conflict of laws provisions or your actual state or country of residence. Any
claims, legal proceeding or litigation arising in connection with the Services
will be brought solely in England and you consent to the jurisdiction of such
courts.
14.
Copyright Information. It is
our policy to respond to notices of alleged infringement that comply with the
Digital Millennium Copyright Act. If you believe that your copyright has been
infringed on the Services, contact us.
