welcome to the magical world of “terms and conditions”. for most of us, we would rather spend the afternoon at the the dentist office getting a root canal procedure done than read thru this crap. but for those of you who are gluttons for punishment — go ahead and keep reading!

 

these terms govern your access to and use of the virtualMemories service. if you agree to these terms, and wish to use the service, please click on the “get started” link. this will constitute a binding agreement between you and virtualMemories. your access to and use of the service are expressly conditioned on your compliance with these terms. to decline acceptance, do not check the "i agree to the virtualMemories terms of use" button. note that any violation of these terms may result in termination of our service to you.

 

virtualMemories reserves the right to change these terms from time to time. please refer to this site periodically for any changes. by continuing to access or use the service after virtualMemories makes any such changes, you agree to be bound by the revised terms.

 

your submissions

you may submit certain material to virtualMemories, including but not limited to, photographic images, video clips and copy as part of your use of the service.

under these terms, you agree that you will not post, place or transmit any of the following material or obtain any such material using the service:

 

• any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. virtualMemories recommends you use an “adult-content” warning label when images are being shared that include legal adult content;
• any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
• any material sent from an anonymous or false address;
• any material that promotes bigotry, racism, hatred or harm against any individual or group.

 

while virtualMemories is not responsible for, and does not review or comment on the content of submissions provided by virtualMemories users, virtualMemories reserves the right in its discretion to (i) delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that virtualMemories deems necessary relating to use or misuse of the service. virtualMemories may request confirmation of the copyright or trademark ownership from the submitter. if virtualMemories does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain submissions, virtualMemories reserves the right to (i) suspend the shipping of an order relating to the submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities or other third parties. if you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. in the event of any such dispute, virtualMemories reserves the right to suspend the production, viewing or sharing of any submissions until the issue has been resolved. you hereby grant to virtualMemories a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your submissions for the sole purpose of delivering the service. in addition, you warrant that all moral rights in any submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

 

we recommend you keep back-up copies of your submissions on your hard drive or other personal system. the virtualMemories service is not a guaranteed back-up solution.

 

your physical or electronic sharing of your virtualMemories disc constitutes permission for reprinting by the recipient. virtualMemories will not be liable for the content of any submission and expressly disclaims all liability relating thereto.

 

 

copyright notice

virtualMemories is committed to protecting photographers' copyrights and expects users of the service to do the same. each image submitter is required by us law to own the right to, or to obtain permission to, use any image before the image is uploaded at virtualMemories. virtualMemories's discretion and in appropriate circumstances, virtualMemories may terminate the accounts of users or prevent access to the service by users who infringe the intellectual property rights of others. if you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following email address and provide all relevant details.

 

copyright@virtualmemoriesinc.com

 

 

age requirements

you must be at least 13 years of age to use our service. if you, your parent or guardian, have any concerns please feel free to contact us.

 

 

access to your account

you can allow other people to view your account by granting them access by sharing your user name and password. linking directly to images, video or any other content on virtualMemories's servers from external sites is expressly prohibited.

 

we need to be able to access your account for the following reasons:

 

• we can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
• to maintain our service to you and develop new and useful features and services;
• to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
• virtualMemories reserves the right to close accounts set up for fraudulent purposes.

 

 

account fee

there is no fee to open a virtualMemories account.

 

 

canceling the service

if you violate any of these terms, your permission to use the service will terminate automatically. virtualMemories reserves the right to cancel the service or to discontinue accounts that have been inactive. we may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

 

 

third-party links

we may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. you acknowledge and agree that virtualMemories is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. links to third-party sites do not imply any endorsement by virtualMemories of such sites or the content, products or services available from such sites. it is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns. you acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

 

 

copyrighted material and software

all of the information, content, and materials we offer are protected by copyright and other applicable laws of both the united states and foreign countries. you may not copy or distribute such material without the copyright owner's prior written consent. you may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. all right, title and interest in and to the virtualMemories site and service is and will remain the exclusive property of virtualMemories and its licensors. the site and service are protected by copyright, trademark and other laws of both the united states and foreign countries. you may not copy or modify the html code used to generate web pages on the site. you may not use the site or service on, or in connection with, any other website, for any purpose.

 

 

privacy policy

when you create an account with virtualMemories, you need to provide some personal information, such as your name, email address, and mailing address. we protect and use this information as set forth in our privacy policy.

 

 

u.s. government restricted rights

all materials, information, software and other products supplied by or through the service are provided with “restricted rights.” use, duplication, or disclosure by the u.s. government is subject to restrictions as set forth in these terms and as provided in far 12.212(a) (1995), far 52.227-19, far 52.227-14 (alt iii), dfars 227.7202-1(a) and 227.7202-3(a) (1995) and dfars 252.227-7013(c)(1)(ii) (oct 1988) et seq. or their successors. use of any of such by the government constitutes acknowledgment of our or our suppliers' proprietary rights in them. in the event that the terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the restricted right provisions, the minimum rights shall prevail.

 

 

indemnification

you agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account and/or (ii) a claim that a submission infringes third party intellectual property rights.

 

 

claims

any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. the parties agree that these terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of california, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the northern district of california located in san francisco, california.

 

 

export

you are responsible for compliance with all local laws, and you are required to comply with u.s. export laws and regulations when you use or export any software or materials provided through the service.

 

 

disclaimer of warranties

the service, content and/or materials available through virtualMemories's site are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. to the fullest extent permitted by applicable law, virtualMemories expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. virtualMemories makes no warranty that its site or services will be uninterrupted, timely, secure, or error free, or that this site or its server is free of viruses or other harmful components. virtualMemories makes no warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness or reliability of any software, goods or services, purchased, accessed or obtained through virtualMemories's site or advertised through virtualMemories's site. no advice or information, whether oral or written, obtained from virtualMemories or through the site or service will create any warranty not expressly made herein.

 

 

limitation of liability

to the fullest extent permitted by applicable law, under no circumstances shall virtualMemories be liable for any indirect, incidental, special, punitive or consequential damages, including, but not limited to, damages for loss of profits, use, data or other intangibles, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if virtualMemories has been advised of the possibility of such damages, that result from your access to or use of, or inability to access or use, virtualMemories's site or services, from any changes to this site or its services, or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed of its essential purpose. you specifically acknowledge that virtualMemories is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. further, virtualMemories will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service. you agree that the aggregate liability of virtualMemories to you for any and all claims arising from the use of the site or service is limited to $100. you expressly acknowledge and agree that virtualMemories has set its prices and entered into this agreement in reliance upon the limitations of liability specified herein. some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.

 

 

customer policy for idea submission

many of our customers are interested in submitting ideas for products and services to be used at virtualMemories, either independent of, or in conjunction with, our internally developed concepts. we appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:

 

• unsolicited ideas submitted to virtualMemories, inc. or any of its employees automatically become the property of virtualMemories, inc.
• by submitting unsolicited ideas to virtualMemories, inc. you automatically forfeit your right to the intellectual property of these ideas.

 

if you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to virtualMemories, inc. or its employees.

instead:

 

send a message to ideasubmission@virtualmemoriesinc.com and describe only the general application.

 

if we think there is opportunity to pursue your idea further, we will contact you. please note that a legal agreement may be required by virtualMemories in order to evaluate your concept(s).

 

 

intellectual property

you agree not to take any action that will interfere with or disrupt the service. virtualMemories will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. virtualMemories may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms. you acknowledge that virtualMemories has no obligation to monitor your access to, or use of, the service, but has the right to do so for the purpose of operating the service, to ensure your compliance with these terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

 

 

miscellaneous

we may assign our rights and responsibilities hereunder without notice to you. all items purchased through virtualMemories are made pursuant to a shipment contract. this means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

 

if any part of this agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the terms will continue in effect.

 

these terms constitute the entire agreement between you and us with respect to this service, and supersede all other communications, written or oral, with regard to the service. the failure of virtualMemories to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.

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