Please read these terms of service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the services provided to you by My Memory Book (including its licensors, suppliers and manufacturers, collectively referred to herein as the “us”, “we” or the “Company”), including but not limited to the provision of software and production services providing for the design, ordering and production of photo books, calendars and other personal print related photo products (the “Services”).
1. Acceptance of orders. By using any or all of our Services, including but not limited to the downloading and use of the software supplied to you by us (the “Software”), you agree to be bound by these Terms. All orders are accepted according to these Terms. After processing an order, the uploaded file is kept on the Company’s server for a period of eight (8) weeks. In case of quality related issues we can use this file for verification purposes. You agree that the Company shall not be liable to you for any modification, suspension or discontinuance of the Services. You are responsible for creating backups of any content you send to us.
You are responsible for the content of all publications incorporating the content you send to us. The Company does not accept any liability for copyright of the content used in your publication. The responsibility for possible consequences of unlawful use of protected data rests with you. Furthermore you will be subject to the legal provisions of your country. You must therefore have the legal right to copy and display each image that you submit for your publication. The Company does not control the content of your publication and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to us.
3. Image Rights
The Company does not claim ownership rights in any image contained in your publication. In order to enable us to fulfill any orders for you or others who have access to your images, you grant to us a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
4. Use of the Software
The Software may only be used to compose a photo book or one of the other offered products and then to place an order. You are strictly prohibited from decompiling the Software, undertaking, causing, permitting or authorizing, in any way, the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software.
5. Liability The Company can in no way be held responsible for damage or loss of the uploaded files. The Company states that the quality of the prints in the ordered publications can in no way be better than may be expected on the basis of what is shown on the computer screen. Our liability remains limited to clearly identified production mistakes.
6. Delivery time
Orders are produced within seven (7) to ten (10) working days after the payment has been received. Delays in the delivery time will never be a cause for cancellation or refunds.
7. Trademarks All brand, product and service names used in this Service which identify the Company or third parties and their products and services are proprietary marks of the Company and/or the relevant third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of the Company or any third party with respect to any such image, logo or name.
8. Disclaimer of Warranty and Limitation of Liability THE SERVICES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY THE COMPANY "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO THE COMPANY, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL USING THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY MISTAKE BY THE COMPANY, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, WE WILL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICES AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Complaints regarding our services or the quality of the products need to be made within eight (8) days after you have received the product. Complaints will be handled by the Company within ten (10) working days from the date of such notification. If there has been a quality issue, the Company will, at its sole discretion, determine whether to reproduce the product or issue a refund to you.
You agree not to use the Services:
a. for any unlawful purposes;
b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to the Company;
d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
f. to attempt to upload images by any method to another user’s account without permission;
g. to upload, post, email or otherwise transmit any material which is likely to cause harm to the Company 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 Services which may cause any defect, error, malfunction or corruption to the Services; or
h. other registration information without the user's express knowledge and consent;
i. to interfere with or disrupt (or attempt to interfere with or disrupt) the Services or servers or networks connected to the Services, or to disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
j. provide any information to the Company that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
k. resell the Services or any portion of the Services.
11. Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the province of Québec.
12. Security policy
All credit card information is encrypted when the order is processed. We do not keep the credit card numbers in our servers. We use secure servers protected by the strongest firewalls currently available on the market. Physical access to these servers is limited and highly controlled.
All personal information you submitted via My Memory Book software will be kept in the strictest confidence. We will never reveal them to a third party and will use your e-mail address only to answer questions that you would ask us. Unless you accepted that we may communicate them, by checking the appropriate box, when downloading My Memory Book software.
13. General These Terms constitute the entire agreement between the Company and you with respect to your use of the Services. The Company’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. We reserve the right to amend these Terms from time to time.