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Terms of Use

Welcome to the life-memo.com Website.The Terms of Use, along with the Privacy Policy, is a legal binding contract between the User and Life-memo.com. By using the Website and benefiting from what it has to offer, the User acknowledges that the User has read, understood, and agrees to be bound by the Terms of Use. Without Life-Memo.com prior permission, User agrees not to display or use in any manner the Life-Memo.com logo.

Definitions

In the Terms of Use, the following terms have the following meanings:

  • "Registered User" means a user who registers with the Website.
  • "User" means either (i) a User of the Website (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Website. In case (ii) User will be held legally responsible for the acts of the Minor.
  • "Minor" means any person under the age of 13, (Minors must seek the permission of their parent, guardian or educational supervisor to use the Website).
  • "Website" means the life-memo.com website available at the URL www.life-memo.com.
  • "Family Member" means any person listed in User’s Family Network as part of User’s Family.
  • "Guardian" means any person(s) listed in User’s profile for being granted access and permissions to User’s site, based on protocol of access and editing rights determined solely by User.
  • "Verified" means a user who has provided a form of, as determined by Life-Memo.com., proof of identity.
  • "Friend" means any person listed in User’s Friends Network as part of User’s Friends lists or Groups.
  • "Content" means any text, files, images, photos, videos, sounds, music, works of authorship, or any other materials posted to the life-memo.com Website.
  • "Future Release Dates" means a date or dates beyond the current chronological date User sets for releasing certain files to either limited access or public viewing.

User License

  • User is licensed to access and use the Website solely for personal purposes in accordance with the terms set out in the Terms of Use.
  • Use for commercial purposes and any re-publication of the Website or content on the Website is strictly prohibited unless specific agreements are reached with the owners of the Website or content, and User agrees 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.
  • The Life-Memo.com Website contain Content of life-memo.com Users and is protected by copyright, trademark, patent, trade secret and other applicable laws, and life-memo.com, owns and retains all rights in the life-memo.com Website. Life-memo.com hereby grants the User a limited, revocable, nonsublicensable license to reproduce and display the life-memo.com Content, solely for User’s personal use.

Proprietary Rights in Content

  • Except as otherwise, and to the extent, explicitly provided herein, Life-Memo.com, Inc. does not claim ownership rights to Content posted by a User to the Life-Memo.com, Website. After posting Content to the Life-Memo.com, Website, the User maintains ownership rights of such Content. By publishing Content on or through the Life-Memo.com, Website, User grants to Life-Memo.com, a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Life-Memo.com Website.
  • The license that User grants to Life-Memo.com, is non-exclusive where the User is not restricted in licensing Content elsewhere, is duty-free and royalty-free to Life-Memo.com is sublicensable to appropriate service providers, and international. This license does not terminates at the time Content is removed from the Life-Memo.com Website.
  • User agrees that all Content posted to the Life-Memo.com Website is owned by the User and does not violate any copyrights, fees, or other ownership claims and that Life-Memo.com is not held responsible for any fees, dues, royalties or other payments to any third party for Content posted by User.
  • All intellectual property rights in and relating to the Website and the content displayed on the Website (other than contributions of Users) are owned by Life-Memo.com, or Life-Memo.com’s, third party licensor.
  • User warrants that User owns all material User posts to the Websites or elsewhere or has the right to post such material and the right to grant Life-Memo.com, the license set out in the Terms of Use. In particular, all personal information about others that User posts must be done with the full consent of those others, or must otherwise be lawful.
  • User grants a non-exclusive perpetual royalty-free license in our absolute discretion to host, distribute, edit or remove any part of the material posted to the Websites.
  • User’s profile must describe User, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not the User.
  • User is solely responsible for all content that User posts to the Website. User may not post, and the Life-Memo.com, may in its absolute discretion remove, any content that it believes:
    • constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
    • is defamatory of a real or legal person, or of goods or services;
    • violates a person's privacy or other rights relating to personal information;
    • depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
    • is blasphemous or incites religious hatred;
    • impersonates or falsely attributes material to any person or entity;
    • discloses confidential or proprietary information of another person;
    • is discriminatory in any way, including by way of sex, race or age discrimination;
    • might infringe another person's copyright, trade or service mark, patent, or other intellectual property right;
    • creates a risk to safety or health, or compromises national security or official secrets;
    • deems to be, offensive, immoral or illegal;
    • is otherwise malicious, fraudulent, or may result in the reputation of the Website, Life-Memo.com, being damaged;
    • is otherwise illegal or solicits conduct that is illegal under laws applicable to User or to Life-Memo.com,.;
    • otherwise violates the Terms of Use.
  • The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. Life-Memo.com, reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
    • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • displays pornographic or sexually explicit material of any kind;
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • User must not upload, post or otherwise transmit to the Website any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
  • Upon submission of content to the Website by User, the text may be automatically screened using dictionary software for detecting indecent or offensive words.
  • Any content submitted by User that is deemed to be in breach of the Terms of Use will result in the content being removed, even if User has paid to use the services provided through the Website;
  • Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.

Non-Commercial Use by Members

The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Life-Memo.com, Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Life-Memo.com,. for any illegal or unauthorized use of the Website.

Communications with Users

  • Life-Memo.com, and its third party licensor may send User communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that User agrees to receive these communications.
  • Life-Memo.com, and its third party licensor may, through the Newsletter, provide marketing opportunities to its partners. The limitations on liability set out in the Terms of Use apply to the fullest extent in relation to all material contained in Life-Memo.com,’s, Newsletter. Life-Memo.com, makes no representation or warranty express or implied concerning any goods or services offered or provided by any third party and User agrees that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Life-Memo.com.

Member Disputes

User is solely responsible for interactions with other Life-Memo.com, Members. Life-Memo.com, reserves the right, but has no obligation, to monitor disputes between User and other Members. Life-Memo.com, suggests the services of Square Trade™ for dispute resolution.

No Warranty; Liability and Indemnity

  • Life-Memo.com, provides all content in the Websites "AS IS" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) does Life-Memo.com, make any representations concerning the suitability, reliability or accuracy for any purpose of the Website or the contents of the Website.
  • Life-Memo.com, shall not be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, Life-Memo.com, can not be held liable for any content that is posted by Users to the Website. User acknowledges and agrees that it would not be possible for all such content to be perfectly screened, and User agrees to take the risk that content may be posted which violates User’s rights or contains errors or inaccuracies, without any recourse against Life-Memo.com,.
  • User will indemnify Life-Memo.com, from and against any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from User’s actions (including resulting from the content posted by User or otherwise on the Website).
  • User will indemnify Life-Memo.com, from and against any liability if Life-Memo.com, infringes upon any patent or copyright and does not make concerted effort in a timely manner, once notified, to remove or credit such material to satisfy legal recourse.
  • Any material obtained through the use of the Websites is obtained at User’s own risk, and User is solely responsible for any damage to or the destruction of User’s computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
  • Nothing in the Terms of Use limits Life-Memo.com’s, liability for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights User may have under consumer protection legislation remain unaffected.
  • In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. Life-Memo.com, provides a comprehensive service at a minimal cost and, having considered all matters, User agrees that the limitations of liability set out in the Terms of Use are fair and reasonable.
  • If User is dissatisfied with the Website, or does not agree to any of the terms of the Terms of Use, User’s sole and exclusive remedy is to discontinue using the Website.

Minors

  • The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Websites. Use of any part of the Website is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Website.
  • The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
  • Life-Memo.com, can not be held responsible for misuse of a Registered User's invitations; nor shall it be held liable in the event that a Minor falsely claims to be 13 or over.

Registration and Security

  • As part of the registration process, User will select a password and choose a unique User ID which will be used for User’s site. User must provide Life-Memo.com, with accurate, complete, and updated personal registration information. User must not use a web address that Life-Memo.com, in its discretion, deems offensive or otherwise inappropriate.
  • User shall notify Life-Memo.com, immediately of any known or suspected unauthorized use(s) of User’s story, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or email information. User will be responsible for maintaining the confidentiality of User’s password. User acknowledges and agrees that under no circumstances can Life-Memo.com,. be held liable for any acts or omissions by a Registered or other User of the Website.

Story pages availability

  • Subject to the terms of the Terms of Use, the story pages created by Registered Users via the Website are available to be viewed online at no charge.
  • Stories without the minimum requirement for publishing and without a user login for more than 6 months will be deleted from the system.
  • All active stories can be edited by the User without charge at any time.

Termination

  • Life-Memo.com, shall have the rights to edit or delete User’s content and/or terminate the Terms of Use and/or User’s access to the Websites, at any time without notice in their absolute discretion. Without limitation to the generality of the foregoing, Life-Memo.com, shall have the right to edit or delete User’s content and/or terminate the Terms of Use, and/or User’s access to the Website, at any time without notice in the event that:
    • User breaches any term of the Terms of Use;
    • technical or other issues mean that it is no longer practicable for Life-Memo.com, to continue to operate the Website in whole or part.
  • The Terms of Use shall automatically terminate in the event that User unsubscribes from the services provided via the Website or from the communications sent to User from Life-Memo.com,
  • A Registered User may at any time ask Life-Memo.com, to delete without charge a site created by that User.

General

  • The parties agree to refer disputes of any sort whatsoever, arising out of or relating in any way to the subject matter of this agreement, that cannot be resolved through initial online mechanisms, to arbitration in California by a sole arbitrator agreed by the parties or in default of agreement, appointed by the President of the California State Bar Association. Nothing in this Clause shall prevent Life-Memo.com,., from seeking injunctive relief.
  • Correspondence must be sent by post to:
    Life-Memo.com
    Arsuf Kedem P.O. Box 1616
    Israel 46920
    or by email to:
    contact@life-memo.com
  • The Terms of Use, which incorporates our Privacy Policy, constitutes the whole of the legal contract between User and Life-Memo.com.
  • Subject to mandatory national law to the contrary, the Terms of Use shall be governed by and construed in accordance with the laws of the State of California
  • In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
  • Life-Memo.com, reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. User may not without the written consent of Life-Memo.com assign, license or subcontract this agreement or any of User’s rights or obligations under it.
  • Life-Memo.com, reserves the right to update and change the Terms of Use from time to time without notice or acceptance by User. If any portion of this agreement or any change of this agreement of the Website is unacceptable to User or will cause User to no longer be in compliance with the agreement, User may discontinue use of the Website at any time. Continued use of the Website now or following changes in this agreement implies that User has read, accepted and are bound by the changes.
  • Life-Memo.com, shall not file a specific copy of the Terms of Use with User.
  • The Terms of Use are only available in English.

I HAVE READ THIS AGREEMENT AND AS A USER, I AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated on October 5, 2009
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