Please read the following Terms of Use carefully before using MemoryMedallion.com or any site or application powered by MemoryMedallion.com (collectively, this "Site").
1. Applicability & Acceptance of These Terms of Use
4. Termination and Modifications to Site
8. Cancellation, Termination, Transfer, and Expiration of Account or Services
11. Your account, password, and security
16. Jurisdiction, Applicable Law, and Limitations
By viewing, using, accessing, browsing, or submitting any content or material on or to this Site, you agree to these Terms of Use as a binding legal agreement between you and MemoryMedallion.com, Inc., without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to this Site.
If you do not agree to these Terms of Use, then you may not use this Site. MemoryMedallion.com, Inc. reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to this Site shall be subject to the then-current Terms of Use, and continued use of the Site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
-
Scope. MemoryMedallion.com, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to view this Site and to download, integrate via authorized social media application, email, or print individual pages of this Site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this Site, except as specifically noted above.
Except as specifically authorized by MemoryMedallion.com, Inc., you may not deep-link to this Site for any purpose or access this Site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this Site or any information, content, or material on this Site. MemoryMedallion.com reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this Site or any content contained therein, whether in whole or in part.
Any rights not expressly granted herein are reserved.
-
User Conduct. You agree that your use of this Site and/or services on this Site is subject to all applicable local, state, national and international laws and regulations. You also agree:
-
to comply with US law and local laws or rules regarding online conduct and acceptable Material, and regarding the transmission of technical data exported through the Site or any service provided by MemoryMedallion.com, Inc. from the US or the country in which you reside;
-
not to host, submit content to or use the Site or its services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a "Minor");
-
not to use the Site for illegal purposes;
-
not to commit any acts of infringement on the Site or with respect to content on the Site;
-
not to use the Site to engage in commercial activities;
-
not copy any content, including death notices, for republication in any other newspaper or other publication, whether in print or on-line;
-
not to create or maintain a Guest Book, Moving Tribute, Memorial Website, Enhanced Obituary, or Life Story for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person’s name, and linking to any commercial or other website from a Guest Book, Moving Tribute, Memorial Website, Enhanced Obituary, or Life Story;
-
not to attempt to gain unauthorized access to other computer systems from or through the Site;
-
not to interfere with another person’s use and enjoyment of the Site or another entity’s use an enjoyment of the Site;
-
not to use the Site for chain letters, junk mail, spamming, or use of distribution lists;
-
not to upload or transmits viruses or other harmful, disruptive or destructive files;
-
not to disrupt, interfere with, or otherwise harm or violate the security of this Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this Site or affiliated or linked sites (including those of our Affiliate Newspapers),
-
- Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
-
Nature of User Material. Some of the services offered by MemoryMedallion.com, Inc. on this Site allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") for a Guest Book entry, Moving Tribute, Life Story, Enhanced Obituary, Memorial Website, or photo. You agree not to Submit any Material that:
-
contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
-
is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
-
unfairly interferes with any third party's uninterrupted use and enjoyment of this Site;
-
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
-
is intended primarily to promote a cause or movement, whether political, religious or other;
-
contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
-
constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
-
discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;
-
infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
-
contains viruses or other harmful, disruptive or destructive files;
-
harms or is inappropriate for minors to view;
-
links to any commercial or other website;
-
exceeds five (5) minutes/300 seconds in length or duration when played on the Site;
-
is not otherwise in compliance with these Terms of Use.
-
- User Representations and Warranties. Each time you Submit Material to this Site, you represent and warrant that you have the right to Submit the Material to this Site, which means:
-
you are the author of the Material, or
-
the Material is not protected by copyright law, or
-
you have express permission from the copyright owner to post the Material on this Site; and
-
you have the right to grant MemoryMedallion.com, Inc. the license set out in these Terms of Use; and
-
the Material you Submit does not violate these Terms of Use.
-
-
User License Grant to MemoryMedallion.com, Inc. You grant MemoryMedallion.com, Inc., its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Material you provide to MemoryMedallion.com, Inc. in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize MemoryMedallion.com, Inc. to include the Material you provide in a searchable format that may be accessed by users of this Site and other websites. You also grant MemoryMedallion.com, Inc. and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such Material. You also grant MemoryMedallion.com, Inc. the right to use the Material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of this Site and our services of making Material you provide us available to third parties, and without the need for additional compensation of any sort to you. MemoryMedallion.com, Inc. does not claim ownership of Material you Submit to the Site.
-
Disclaimer of Responsibility for Material. You acknowledge and agree that MemoryMedallion.com, Inc. does not control the Material Submitted to Guest Book entries, Moving Tributes, Memorial Websites, Enhanced Obituaries, Life Stories, or any other services permitting user-generated Material or content, and disclaims any responsibility for such Material. MemoryMedallion.com, Inc. specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Guest Book, Guest Book entry, Moving Tribute, Memorial Website, Enhanced Obituary, Life Story, or other Material. In addition, MemoryMedallion.com, Inc. does not represent or warrant that any other content or information accessible via this Site is accurate, complete, or current. Price and availability information is subject to change without notice. MemoryMedallion.com, Inc. assumes no responsibility or liability for any errors or omissions in the content of this Site.
-
Review & Removal of Material.
-
MemoryMedallion.com, Inc. reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Guest Books, Guest Book entries, Moving Tributes, Life Stories, photos, Memorial Websites or any Material that MemoryMedallion.com, Inc. believes, in its absolute and sole discretion, may violate Sections 2(b), 3(a), or 3(b) above. MemoryMedallion.com, Inc. also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Guest Books, Guest Book entries, Moving Tributes, Life Stories, photos, Memorial Websites or Material on the Site for any reason or no reason whatsovever, in its absolute and sole discretion. In cases in which payment has been made for a Guest Book, Guest Book entry, Moving Tribute, Memorial Website, Enhanced Obituary, or Life Story that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, MemoryMedallion.com, Inc., will issue a full refund.
-
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or Material hosted by this Site infringes your copyright, you (or your agent) may send MemoryMedallion.com, Inc. a notice requesting that the Site content or Material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MemoryMedallion.com, Inc. to locate the content or Material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or Material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to MemoryMedallion.com, Inc, 820 Davis Street Suite 210, Evanston, IL, 60201, Contact Us. MemoryMedallion.com, Inc. suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
-
-
Proprietary Rights. You acknowledge and agree that this Site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of MemoryMedallion.com, Inc. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Site are ©1999-2011 MemoryMedallion.com, Inc., all rights reserved.
MemoryMedallion.com, Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, this Site and/or services offered on or through the Site (or any part thereof), including but not limited to the Site’s features, look and feel, and functional elements and services relating to Guest Books, Moving Tributes, Life Stories, Enhanced Obituaries, Memorial Websites, and other services provided by MemoryMedallion.com, Inc.
You agree to indemnify and hold MemoryMedallion.com, Inc., its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys’ fees, made by anyone in connection with your use of this Site, with Material or Information you Submit on or through this Site, with any alleged infringement of intellectual property or other right of any person or entity relating to the Site, your violation of these Terms of Use, and any other acts or omissions relating to this Site.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE (WHETHER PROVIDED BY MEMORYMEDALLION.COM, INC., YOU, OTHER USERS, AFFILIATE NEWSPAPERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORYMEDALLION.COM, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
-
IN NO EVENT SHALL MEMORYMEDALLION.COM, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MEMORYMEDALLION.COM, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON, THIS SITE. MEMORYMEDALLION.COM, INC. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THIS SITE. MEMORYMEDALLION.COM, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEMORYMEDALLION.COM, INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MEMORYMEDALLION.COM, INC., IF ANY, OR (B) $100 (WHICHEVER IS LESS).
-
YOU AND MEMORYMEDALLION.COM, INC. AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MEMORYMEDALLION.COM, INC. AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
-
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN SECTION 7(A) ABOVE.
|
8. Cancellation, Termination, Transfer, and Expiration of Account or Services |
-
You may cancel or terminate your password, account and/or use of any service provided on or through this Site, with or without cause at any time, upon providing written notice to MemoryMedallion.com, Inc. If you cancel or terminate your account or any services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or service immediately ceases. Your notice to MemoryMedallion.com, Inc. of cancellation or termination must be sent via email or conventional mail to MemoryMedallion.com, Inc.’s address as set forth in these Terms of Use.
-
MemoryMedallion.com, Inc., in its sole and absolute discretion, and at any time and with or without prior notice to you. may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any services provided on or through this Site for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, MemoryMedallion.com’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or MemoryMedallion.com, Inc.’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Site about another’s right to establish, use, or maintain an account or service on the Site, MemoryMedallion.com reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.
-
Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through this Site, you will have no right to any Material or Information you Submitted, and MemoryMedallion.com, Inc. may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information contained therein (including but not limited to any Guest Book, Guest Book entry, Moving Tribute, Memorial Website, Enhanced Obituary, or Life Story). MemoryMedallion.com, Inc. accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any service on the Site, will be terminated at MemoryMedallion.com, Inc.’s discretion. You agree that MemoryMedallion.com, Inc. shall not be liable to you or any third-party for any termination of your access to any service.
-
Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this Site (for whatever reason), there shall be no refund of money you paid to MemoryMedallion.com, Inc.
-
In connection with the following terms shall also apply:
-
The creator and manager of a Memorial Website shall be known as the "Site Host."
-
The party who pays for the Memorial Website shall be known as the "Site Sponsor."
-
Both the Site Host and Site Sponsor shall be governed by these Terms of Use.
-
The Site Host shall have the right of first refusal to be the Site Sponsor, however, if the Site Host does not choose to become the Site Sponsor following the trial period, if any, MemoryMedallion.com may allow another party to become the Site Sponsor. The Site Sponsor’s name will appear on the first page of the Memorial Website after the statement, "Sponsored by…." If a party other than the initial Site Host becomes the Site Sponsor within the trial period, if any, the Site Host may elect to become the Site Sponsor, and MemoryMedallion.com, Inc. shall refund the first Site Sponsor’s fee in its entirety. If the fourteen day trial period expires without a Site Sponsor, the Memorial Website shall be archived until such time as a Site Sponsor sponsors the Memorial Website.
-
In the event that a Site Host is unwilling or unable to continue to serve as Site Host, said Site Host may notify MemoryMedallion.com, Inc. in writing of his/her intention to cease serving as Site Host and to appoint a new Site Host. MemoryMedallion.com, Inc. may (but is not obligated) to inquire in writing whether a Site Host intends to continue to serve as Site Host. If the Site Host does not appoint a new Site Host, MemoryMedallion.com, Inc. may notify the Site Sponsor, if different from the Site Host, to request the appointment of a new Site Host. Thereafter, if the Site Sponsor does not appoint a new Site Host, MemoryMedallion.com, Inc. may, at its discretion, at any time, archive the Memorial Website until such time as a new Site Host requests permission to become the Site Host of the Memorial Website.
-
MemoryMedallion.com, Inc. does not screen and is not otherwise obligated to screen Material posted to a Memorial Website. MemoryMedallion.com, Inc. reserves the right, however, to remove any Material posted to a Memorial Website if said Material does not otherwise comport with these Terms of Use.
-
Subject to its suspension, cancellation, and termination rights and rights to remove Material, MemoryMedallion.com, Inc. represents that each Guest Book and Moving Tribute sponsored as "permanent" will remain on this Site for the duration of MemoryMedallion.com, Inc.’s existence, and that each Guest Book sponsored as "one year" will remain on this Site for one year from the date of sponsorship, unless: (a) this Site ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of MemoryMedallion.com, Inc. cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the Site or a Life Story, Guest Book, or Moving Tribute that you sponsored, or any other service to which you subscribed. You may at any time ask MemoryMedallion.com, Inc. to delete without charge a Life Story, Guest Book, Moving Tribute, Memorial Website, Enhanced Obituary, or other service that you sponsored or purchased.
The consent of a parent, guardian or educational supervisor shall be required before a Minor can use the Site. Use of any part of the Site is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Site. A parent, guardian or educational supervisor will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Site.
Pursuant to 47 U.S.C. Section 230 et seq, as amended, MemoryMedallion.com, Inc. hereby notifies You that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting material that is harmful to Minors. Information indentifying current providers of such protections is available at the web site America Links Up (http://kids.getnetwise.org/americalinksup/index2.html)
-
Some services offered on the Site (such as the creation of a Life Story, Guest Book, Moving Tribute, Memorial Websites, Enhanced Obituary, or other service) may require you to register and/or create an account with MemoryMedallion.com, Inc.. During this process, you must select an account designation and password and provide certain personal information to MemoryMedallion.com, Inc., including a valid email address. In consideration of the use of MemoryMedallion.com, Inc.’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MemoryMedallion.com, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MemoryMedallion.com, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
-
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify MemoryMedallion.com, Inc. of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. MemoryMedallion.com, Inc. will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
As a courtesy to you, this Site may offer links to other websites. Some of these websites may be affiliated with MemoryMedallion.com, Inc. while others are not. MemoryMedallion.com, Inc. is not responsible for the contents of any website pages created and maintained by organizations independent of MemoryMedallion.com, Inc. Visiting any such third-party website pages is at your own risk. MemoryMedallion.com, Inc. has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by MemoryMedallion.com, Inc. By using this Site you acknowledge that MemoryMedallion.com, Inc. is responsible neither for the availability of, nor the content located on or through any third-party website pages.
MEMORYMEDALLION.COM®, YOURSTORIESFOREVER.COM are registered trademarks of MemoryMedallion.com, Inc. is a common law trademark of MemoryMedallion.com, Inc. Such trademarks and other marks, logos, and names of MemoryMedallion.com, Inc., used on or in connection with this Site may not be used in connection with any product or service that is not under MemoryMedallion.com, Inc.’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MemoryMedallion.com, Inc. All other trademarks not owned by MemoryMedallion.com, Inc. or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MemoryMedallion.com, Inc. or its affiliates.
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of this Site and receipt or use of data, content, products, services, Material and Information available at or through this Site, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.
If you elect to download or access any third party software that MemoryMedallion.com, Inc. makes available in connection with the Site, you understand that you may have to agree to that third party provider’s terms of use or license before you use such software. You also agree that the use of any third party software or content obtained in connection with the services provided on the Site does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third party provider's terms of use or license agreement. By downloading software made available through the Site you are deemed to agree to the third party provider’s terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party’s terms of use or license agreement, do not download its software.
This Site is created and controlled by MemoryMedallion.com, Inc. in the State of Pennsylvania, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Pennsylvania, without regard to its conflicts of law provisions. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. MemoryMedallion.com, Inc. makes no claims or assurances that the Site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Site must be filed in a federal or state court located in Pittsburgh, PA, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
-
Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
-
Entire Agreement. Except as expressly provided in a particular "Legal Notice" or other notice on particular pages of the Site, these Terms of Use, which hereby incorporate by reference the terms of MemoryMedallion.com, Inc.’s and Privacy Policies, constitute the entire agreement between you and MemoryMedallion.com, Inc., superseding all prior agreements regarding this Site.
-
No Waiver. The failure of MemoryMedallion.com, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
-
Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
-
Contact MemoryMedallion.com. For purposes of providing notice of cancellation or termination, contact MemoryMedallion.com, Inc. at Contact Us or Memory Medallion Inc, 61 N. Richhill Street, Waynesburg. PA 15370.