Mymemories4u.com Terms and Conditions

This website is provided as a service to our clients.  Please review the following terms and conditions of use, which govern your use of this website (the “Agreement”).

Your use of this website constitutes your agreement to follow and be bound by the Agreement.  We reserve the right to update or modify this Agreement at any time without prior notice.  For this reason, we encourage you to review the Agreement whenever you use this website.  If you do not agree to these terms, please do not use this website.

The way it works

Mymemories4u.com provides an online communications platform allowing you to provide information on items that you wish to have taken care of following your passing, as well as a place where you can write down your memories of your life including information which may or may not be confidential, or may conflict with other information that may or may not have been incorporated into a legal document, such as a Last Will and Testament. Mymemories4u.com is not a substitute for the advice of an attorney.

You can make a one-time payment to have access to the “Premium” or paid version with much data processed or the “Free” version which has a very low data.

You can have your memories entered in our interactive online book or upload your files and choose to share them or keep them private, and you can ensure the permanent preservation of your data as we return it to you in a pdf book form.

Nothing that you provide on the Site (i.e., “User Content”) or anything contained on the Site is considered legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific situation, you should consult a licensed attorney in your area. This Site is not intended to create any attorney-client relationship, and your use of Mymemories4u.com does not and will not create an attorney-client relationship between you and Mymemories4u.com. Mymemories4u.com offers a new and easy way of collecting, recording your wishes, practical information, important reminders and the things that really matter. For now and for later, for yourself and for the people who care for you.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Mymemories4u.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Mymemories4u.com without obtaining authorization from Mymemories4u.co.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Restrictions

You may view, download and copy information and materials on this website solely for personal, non-commercial use, in support of Mymemories4u.com’s products. You agree not to modify or revise any of the materials in any way and that all copyright and proprietary notices are retained.

Third Party Links
This website contains hyperlinks and other pointers to web sites operated by third parties (“Hyperlinked Websites”).  Unless otherwise stated at those websites, those websites are not controlled by Mymemories4u.com. By using those links, you acknowledge and agree that:

Mymemories4u.com is not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website. Mymemories4u.com provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by Mymemories4u.com, its related bodies corporate, affiliates, corporate partners or licensors. You access such Hyperlinked Websites entirely at your own risk.

Dispute Resolution by Binding Arbitration

Most concerns can be resolved quickly and to your satisfaction by emailing us at info@mymemories4u.com. In the unlikely event that we are unable to resolve your complaint to your satisfaction we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts.

Rights and Responsibilities of Mymemories4u.co

Mymemories4u.com is not the publisher or author of the User Content. Mymemories4u.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Although we cannot make an absolute guarantee of system security, Mymemories4u.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If Mymemories4u.com’ technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Mymemories4u.com reserves the right to delete those files or to stop those processes. If the Mymemories4u.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, Mymemories4u.com may temporarily disable that user’s access in order to preserve system security. In all such cases, Mymemories4u.com will contact the member as soon as feasible.

Mymemories4u.com reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of Mymemories4u.com Users or Other Posters of User Content

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit on the Site that allows interaction or dissemination of information. In posting User Content, you agree that you shall not submit any content: that is known by you to be false, inaccurate or misleading; that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation; that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party; that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information; that contains any computer virus, worms, or other potentially damaging computer programs or files; that otherwise violates these Terms of Use.

Under New Zealand federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it.

Limitation of Liability

MYMEMORIES4U.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT MYMEMORIES4U.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE FROM THE SITE OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGES IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, MYMEMORIES4U.COM ‘S LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES OR THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SITE, THE CONTENT, THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify, defend and hold harmless Mymemories4u.com and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, “Damages”), including reasonable attorneys’ fees, resulting from: (a) any violation by you of these Terms of Use or any applicable Additional Terms, and (b) any User Content provided by you.

 

Unsolicited Submissions.

Mymemories4u.com does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Mymemories4u.com through or in association with this Site shall be considered non-confidential and Mymemories4u.com’s property. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

Mymemories4u.com Disclaimer

Mymemories4u.com is not a provider of legal services or a law firm. The information that you provide on the Mymemories4u.com site and the directions that you may provide to others, is not legally binding in any manner. Nothing provided on Mymemories4u.com is deemed to serve as a Last Will and Testament and in the event of any conflicts between information provided to others, including Trusted Friends, and information provided in a legally binding document, the information contained in such legally binding document will prevail in a court of law. Mymemories4u.com is not a substitute for the advice of an attorney. Mymemories4u.com cannot provide legal advice and is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

This site is not intended to create an attorney-client relationship. If you need legal advice in regard to a Last Will and Testament or any other issues relating to estate planning or other specific problem or issue you should consult a licensed attorney in your area.

This site may from time to time provide direct access to links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Mymemories4u.com sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

Mymemories4u.com is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, please use this site responsibly.

Modification and Notice

You agree that Mymemories4u.com may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

General Provisions

Mymemories4u.com makes no representation that materials are appropriate or available for use in any particular jurisdiction. Use of this website is unauthorized in any jurisdiction where all or any portion may violate any legal requirements; you are responsible for compliance with all applicable laws. Any use of this website in contravention of any provision of this agreement is at your own risk.

Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of New Zealand without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of New Zealand in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Privacy Policy

 

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