1. Service Description and Eligibility
SavingMemoriesForever.com is an internet service (the "Service") owned by Saving Memories Forever, Inc. ("Saving Memories Forever”, “SavingMemoriesForever.com”, “SavingMemoriesForever.org”, “SavingMemoriesForever.net”, "we", "our" or "us") to preserve audio memories of family life and related files for posterity. "You" or "your" means an adult user of the Service for yourself, and you as parent or guardian for any child under the age of 13 who you expressly invite to join the Service, for whom you will be liable and held strictly responsible.
The Story Keeper, who records the stories and puts them on the Saving Memories Forever website has control of the content and invites others to listen to the stories and share the other content as either a free or paid subscriber.
The Service is intended for use by adults. Any person under the age of 13 must seek the permission of their parent or guardian to use the Service. If you invite a minor child to join the Service, you are responsible for monitoring the child's activity on the Service. Use of any part of the Service is confirmation that you are an adult or a Minor who has received permission from a parent or guardian to use the Service.
3. Acceptance of Terms
4. Limited Use License
You are licensed to use (a) the Service, (b) the data, the audio files, information, profiles, graphics, photos, video clips and other files and links or other content or materials ("Content") which are contributed by Story Keepers by invitation of the Story Keeper who controls access to the files, and (c) any Content which is not user-contributed Content ("Company Content") only for your own personal use. The Service is not intended or licensed for commercial use, and any and all commercial use of the Service for any purpose whatsoever is specifically prohibited.
5. Data Guarantee
If you should ever lose any data entrusted to Saving Memories Forever due to our fault, including hardware and software failures, we will refund 100 percent of your total life-time payments to us, subject to the following conditions and exclusions:
- Textual Content is defined as Content Posted letter-by-letter or through copy and paste to the service, and Files are defined as Content uploaded to the Service.
- Data Loss is defined as
- the inability, after entering your correct username and password on our website and navigating to the appropriate page, to view some or all of the Content in your account, or download some or all of your Files in your account; or
- any involuntary data changes that alter the meaning and diminish the usability of your Content. Changes to the layout and format of data, including those due to file format migration, do not constitute Data Loss.
- In the event of Data Loss, we will refund you the amount specified above only if you agree to close your account and have all remaining Content in your account deleted.
- This Data Guarantee applies if and only if the Data Loss
- was not due to your breach of any term of this Agreement, and
- was not of a temporary nature, e.g., due to a denial of service attack, and
- was not caused by the deliberate or accidental alteration or deletion of your data by anyone logging in with your username and password, and
- was not remedied by us within 60 days after you alerted us of the Data Loss by sending an email to support@saving memoriesforever.com, stating your username and describing the data lost.
- The Data Guarantee applies to the loss of any Content, but is limited to the loss of only those Files that match one of the following file formats:
- Photo: jpg, jp2, gif, png;
- Video: avi, mov, mj2, mpg, mpeg, mp4;
- Audio: mp3, wav;
- Text: txt, html, csv, xml, pdf/A.
6. Use of Service and Registration
You need to register with us in order to use the Service. If you do not register with us, you will still be permitted to view all public pages. However, you will not, among other things, be able to add Content to the Service.
In order to add Content, you need to become a member of the Service (a "Member") by either downloading the Iphone application and becoming a Story Keeper or by invitation of a registered Story Keeper. As part of the registration process, you will be asked to provide your real first and last name, select a username and password, and provide us with a valid and verifiable email address. If you choose to become a paid subsriber, you will also be asked to provide payment information. You understand that you may not:
- select or use a name which is, includes or comprises the name of another person, in any case with the intent to impersonate that person;
- create an account for anyone other than yourself without permission;
- use the username or password of any person other than yourself without authorization; or
- share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. Username and Password Security and Obligations
You are responsible for any and all usage or activity that originates within or occurs using your account or your username or password. You may not distribute your username or password to others, including to allow others to access your account. Doing any of these things shall constitute a breach of this Agreement. You are responsible for maintaining the confidentiality of your password.
Note that you will never be required to reveal your password to any representatives or agents of Saving Memories Forever or its affiliates. You agree to notify us by regular mail or email to the address listed at the bottom of this Agreement, of any known or suspected unauthorized use(s) of your account, username or password, or of any known or suspected breach of security involving your account, including the loss, theft or unauthorized disclosure of your username or password.
You agree that
- you are solely responsible for the Content that you submit, post, publish, display, upload, transmit or communicate (collectively, "Post") on or using the Service;
- you will not interfere with or disrupt, or attempt to interfere with or disrupt, the Service or any servers, networks or equipment connected to or employed in conjunction with the Service, or disobey any requirements, procedures, policies or regulations relating to this Service;
- you will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and
- you will not use email from us or our affiliates to create "spam" emails.
You agree not to use the Service:
- for any unlawful purposes;
- to harm minors in any way; this may include, but is not limited to, uploading, posting, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- for any activity that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- to promote information that you know or believe to be false or misleading;
- for any commercial purpose;
- to collect users' content or information, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
- to impersonate any person or entity, including, but not limited to, an official of Saving Memories Forever, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. Government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
You also agree not to Post any material that
- is or promotes conduct that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, discriminatory, defamatory, libelous, vulgar or illegal, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that "stalks", harasses or advocates harassment of another person, or that is otherwise objectionable, each case as determined by us in our discretion;
- provides instructional information about illegal activities; this may include, but is not limited to, information about making or buying illegal weapons or providing or creating computer viruses;
- infringes any copyright, trademark, patent or other intellectual property right or moral right of any person, including Saving Memories Forever, or that constitutes an invasion of the privacy or publicity rights of another;
- you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person's copyrighted work; or
- is likely to cause harm to our or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service.
9. User-Contributed Content and Copyright
Story Keeper/Subscribers control all of the Content and information they Post on Saving Memories Forever, and they control how it is shared by inviting others to view or use it.
Data is private to the Story Keeper. We will not use your Content without your specific approval for any reason. However, if approval is given to share any or all of your data, non subscribers will have access to that information and we may not have control over what they do with it.
We do not control the Content our Members Post on the Service. You are responsible for complying with all federal, state, local and, as applicable, foreign laws applicable to any Content you Post, including copyright laws. As a condition to your use of the Service, you agree that you will not use the Service to infringe the intellectual property rights (including the copyrights) of others in any way. We reserve the right to terminate your access to the Service if you infringe the intellectual property rights (including the copyrights) of others in conjunction with your use of the Service.
If you believe you have been the victim of copyright infringement due to any activity which has taken place involving the Service, please contact us and we will respond quickly to claims of copyright infringement committed using the Service.
All brand, product and service names, including any images or logos, used in conjunction with this Service which identify us or our affiliates or any third parties or their respective products or services, are, in each case, proprietary marks of Saving Memories Forever, Inc. and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license from us or any third party with respect to any such brand, product or service name, image or logo.
11. Advertisers and External Links
12. Member Disputes
You are solely responsible for your interactions with other users of the Service or any other third parties you may encounter in using the Service. We reserve the right, but have no obligation, to monitor or to attempt to resolve any dispute or disagreement between you and other users or third parties. We disclaim any liability to any user or to any third party arising from or in connection with any such dispute.
13. Service Availability
We employ reasonable measures to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, emergency repairs or due to the failure of telecommunications equipment or other circumstances that are beyond our control. We will take reasonable steps to minimize such disruption where it is within the reasonable control of Saving Memories Forever, Inc. We reserve the right to temporarily restrict access to your Content and the Service if your Content is responsible for extreme spikes in bandwidth usage, as defined by us. From time to time, and without notice to you, we may add or delete certain features or functions from the Service we provide. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service, other than those covered by our Data Guarantee.
14. Liability Disclaimer
The information, products and services included on this Service may include inaccuracies.Saving Memories Forever, Inc. and its third party suppliers provide all Content in this Service "AS IS", and without any warranty, except for our Data Guarantee.
Neither we nor our third party suppliers make any representations concerning the suitability, reliability or accuracy of the content or the service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the content and the services, including conditions of merchantability, fitness for a particular purpose, title and non-infringement, except as specified in our Data Guarantee. In the case of goods or services purchased via the service, any warranty is supplied by the manufacturer and we provide no such warranty. In no case will we or our third party providers be liable for any indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.
You Post Content on the site at your own risk. Although the Story Keeper controls both the content and the people that listen to the content, please be aware that no security measures are perfect. We cannot control the actions of other users with whom you may choose to share your pages and information. Therefore, we cannot, and do not, guarantee that user Content you Post on the site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the site. You understand and acknowledge that, even after removal, copies of user Content may remain viewable in cached and archived pages or if other users have copied or stored your user Content.
Any material obtained through the Service is obtained at your own risk, and you are solely responsible for any damage to your computer system or loss of data or any other damage whatsoever that results from downloading any such material in its original form or as a result of any virus infection.
15. Special Admonitions for International Use
If you use the Service from outside the United States, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright and content. Specifically, and without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You consent to having your personal data transferred to and processed in the United States.
16. Storage Limits with No Use
We offer users the option to be free subscribers or paid subscribers. Both free and paid subscibers will have their content stored for a period no less than five years. If there are no paid subscibers and the content has not be accessed for a period of three consequtive years, the content will be stored off line and is subject to deletion after five years.
We reserve the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without our written consent assign, license or subcontract this agreement or any of your rights or obligations under it.
Except to the extent specifically provided above under "Special Admonitions for International Use", this Agreement is governed by the law of the State of Ilinois, without regard to any otherwise applicable conflicts of law principles, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the courts located in the county of Sangamon, Illinois, or the nearest federal court.
Official correspondence must be sent via e-mail to:
Saving Memories Forever, Inc.
At our e-mail address: firstname.lastname@example.org