Memory Book Lane

TERMS OF USE

Last updated on 03/11/2010

Before using the Memory Book Lane website or setting up your account with Memory Book Lane (herein referred to as "we", "us", or "Memory Book Lane"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the website and services owned and/or operated by Memory Book Lane (collectively, the "Service"). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to these Terms. By using the Services, you agree that you have read, understand and agree to be bound by theses Terms for all past, present and future uses of the Services. If you do not agree to these Terms, please do not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.

In order to use the Service, you must be at least 18 years of age. You represent that you are at least 18 years old. If you are not at least 18 years old, please do not attempt to use, or set up an account to use, the Services.

We reserve the right at any time to change all or any part of these Terms; change the Service, including by eliminating or discontinuing any content on or feature of the Service; and change any fees or charges for use of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service; or any change in any fees or charges for use of the Service.

1. Information

When such information is requested by the Memory Book Lane (whether by questionnaires, surveys, registration forms or other informational requests), you agree to (a) provide accurate, current and complete information about yourself (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy, the terms of which are incorporated into, and form a part of, these Terms.

As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2. Your Use of the Services

Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by Memory Book Lane to access to Service, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service (other than your Original Content), solely as made available by us, solely as necessary to access the Service and solely for your own personal, non-commercial, home purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of Memory Book Lane or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of Memory Book Lane. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved.

While using the Service you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service. While using the Service, you agree not to: (i) Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (ii) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information; (iii) Restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service; (iv) Violate any applicable laws or regulations; (v) Express or imply that any statements you make are endorsed by us, without our prior written consent; (vi) Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (vii) Use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (viii) Engage in spamming or flooding; (ix) Attempt to upload images by any method to another user's account without permission; (x) Access or use (or attempt to access or use) another user's content without permission; (xi) Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (xii) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service; (xiii) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service; (xiv) "Frame" or "mirror" any portion of the Service, or link to any page of or material on the Service without our prior written authorization; (xv) Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or (xvi) Harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.

We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.

3. Your Original Content; Copyrights

In the event that you post, mail, send or upload to the Service, or otherwise submit to or through Memory Book Lane as part of your use of the Service, any materials including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "Original Content"), you will retain ownership of such Original Content, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Original Content, solely in connection with the Service (including without limitation for purposes of promoting the Service). Please note that, while you retain ownership of your Original Content, any template or layout in which you arrange or organize such Original Content through tools and features made available through Memory Book Lane are not proprietary to you, and can be used by Memory Book Lane and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of Memory Book Lane. We recommend you keep back-up copies of your Original Content, either in hard copy or on your hard drive or other personal system, as the Service is not intended to be used as a back-up solution for storing your Original Content.

For all posted, mailed, sent or uploaded Original Content to the Service you represent, warrant and covenant that you own or otherwise possess all necessary rights with respect to your Original Content, that you are either the copyright owner of the component parts of the Original Content, or are posting the Original Content under license from a copyright owner or his or her agent, or otherwise are posting your Original Content as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the content, including any such works without the express, written consent of Memory Book Lane, or the appropriate owner of copyright in such works.

Posting, mailing, sending or uploading to, or using on, the Service any of the following is strictly prohibited: (i) Photos, images or materials traced or derived from images you do not own the copyright to (such as images found on the Internet, images scanned from books or magazines, other artist’s work, etc); (ii) Photos, images or materials containing embedded copyright notices, personal signatures or watermarks; (iii) Photos, images or materials, containing copyrighted/trademarked/patented products; (iv) Photos, images or materials containing logos and trademarks; (v) Photos, images or materials, that are unlawful, threatening, abusive, defamatory, obscene or that invade another person’s privacy or further the commission or concealment of a crime; (vi) Photos, images, or materials, that contain software viruses or other harmful computer code, or that in any way interfere with or disrupt the services or any servers, or networks, connected to, or used with the services provided by Memory Book Lane.

By posting, mailing, sending or uploading Original Content to, or using on, the Services you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a submission to use such individual's likeness, for purposes of using and otherwise exploiting the submission in the manner contemplated by these Terms (including for purposes of promoting the Service), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to Memory Book Lane a copy of any such consents, releases and/or permissions upon Memory Book Lane's request).

None of the Original Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Original Content. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (i) monitor and/or filter any Original Content (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (ii) alter, remove, or refuse to send, transmit or otherwise use any submission (including, without limitation, by suspending the processing and shipping of any order relating to any submission); and/or (iii) disclose any Original Content, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Services; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, members, managers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose. Ultimately, you are responsible for the content of your images and materials. As such, it is very important that you take the time to research the images and materials that you submit, and ensure that you keep any reference material on hand in case of a dispute regarding the ownership of your images and materials.

Memory Book Lane is not liable for your Original Content, or any other materials, while in transit through or in possession of any third party carrier, including, but not limited to, the United States Postal Service, United Parcel Service, Federal Express or other similar service. You agree to accept complete liability for any Original Content, or any other materials, should they be misdirected, lost, stolen, or damaged while in the possession of, in transit through or otherwise under the control of any third party carrier, including, but not limited to, the United States Postal Service, United Parcel Service, Federal Express or other similar service. When we return your Original Content, we will use commercially reasonable efforts to use only reputable carriers, however, Memory Book Lane makes no representations whatsoever as to the fitness of such carrier. The risk of loss and title for such items pass to you upon our delivery to the selected carrier. Due to the nature of your Original Content, no insurance is available for shipping and handling of your Original Content, and Memory Book Lane offers no warranty or guarantee against damage or loss.

4. Reporting Copyright Violations

Memory Book Lane respects the intellectual property rights of others and expects you to do the same. At Memory Book Lane’s discretion, and in appropriate circumstances, Memory Book Lane may remove Your Content submitted to this service, terminate your account and/or prevent access to this service, if Memory Book Lane believes you may have infringed on the intellectual property rights of others,

If you believe the copyright in your work, or in the work for which you act as an agent, has been infringed through this service, please contact Memory Book Lane for notice of claims of copyright infringement You must provide substantially the following information, which Memory Book Lane may then forward to the alleged infringer: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner; (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. Making Purchases

If you wish to purchase any products or services through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy, the terms of which are incorporated into, and form a part of, these Terms. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. After you have placed an order, you will be contacted by a Memory Book Lane customer service representative to confirm your order and verify the information applicable to your purchase. Verification of your order and of such information shall be required prior to our acceptance of any order. Orders may be cancelled or modified by calling Memory Book Lane customer support at any time before your order has been confirmed by a Memory Book Lane customer service representative. Once confirmed by a Memory Book Lane customer service representative, all sales shall be considered final and may no longer be cancelled or modified.

Descriptions, images, references, features, content, specifications, products, price, shipping charges and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Sales Policies - No returns, exchanges or refunds will be issued once order is confirmed by Memory Book Lane. Your use of this service constitutes your agreement to these terms. If you do not agree to these terms, please do not use this service.

6. Shipping of Orders

Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We will use commercially reasonable efforts to use only reputable carriers, however, Memory Book Lane makes no representations whatsoever as to the fitness of such carrier. Memory Book Lane offers no warranty or guarantee against damage or loss of your order during shipping. We reserve the right to ship partial orders (at no additional cost to you).

7. Use of Products

The products and services provided by Memory Book Lane are for your personal use only. You agree that you will not reproduce, copy, duplicate, sell, resell or exploit any part of the products and services for any purposes unless you receive Memory Book Lane’s prior written authorization.

8. Promotions

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

9. Trademarks

All brand, product and service names used in this service which identify Memory Book Lane, or third parties, and their products and services are proprietary marks of Memory Book Lane and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person, any license or right on the part of Memory Book Lane, or any third party with respect to any such image, logo or name.

10. External Links

This Service, or relevant third parties, may provide links to other websites or resources. Because Memory Book Lane has no control over such sites and resources, you acknowledge and agree that Memory Book Lane has no control over and is not responsible for (a) the content and operation of such third party websites or resources, or (b) the privacy or other practices of such third party websites or resources. The fact that the Service directs you to such third party websites or resources does not indicate any approval or endorsement of any third party websites or resources. We direct you to such third party websites or resources only as a convenience. You are responsible for the costs associated with such third party websites or resources, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such third party websites or resources.

Other web sites may provide links to Memory Book Lane with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to Memory Book Lane, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We shall have the right, at any time and in our sole discretion, to block links to Memory Book Lane through technological or other means without prior notice

11. Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third-party provider. By downloading third-party software, you acknowledge, and agree, that the software is provided on an “AS IS” basis without warranty of any kind. In no event shall Memory Book Lane be liable for claims, or damages of any nature, whether direct, or indirect, arising from or related to any third-party software downloaded through the service.

12. Privacy

Memory Book Lane has a firm commitment to safeguarding your privacy. Please review Memory Book Lane’s Privacy Policy. The terms of Memory Book Lane’s Privacy Policy are incorporated into, and form a part of, these Terms.

13. Jurisdictional Considerations

This website is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services, or any part of the Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Services' availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

14. Term & Termination

These Terms shall remain effective until terminated as set forth herein. You agree that Memory Book Lane, in its sole discretion, may terminate your account, and remove and discard any content, for any reason, including and without limitation, the lack of use; or, if Memory Book Lane believes that you have violated, or acted inconsistently, with the Terms. Memory Book Lane may also, in its sole discretion and at any time, discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Memory Book Lane may immediately deactivate, or delete, your content and all related information and files. Memory Book Lane reserves the right to bar any further access to such files or the service. You agree that Memory Book Lane shall not be liable to you, or any third-party, for any termination of your access to the service. Paid accounts that are terminated will not be refunded.

15. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MEMORY BOOK LANE, ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (i) YOUR BREACH OF THESE TERMS; (ii) YOUR SUBMISSIONS OR ORIGINAL CONTENT; AND/OR (iii) YOUR ACTIVITIES IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL PURCHASES). YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS WHEN USING THIS SERVICE, INCLUDING, BUT NOT LIMITED TO, COSTS INCURRED FOR INTERNET ACCESS.

16. Availability

This service is provided by Memory Book Lane on an “AS IS” and “AS AVAILABLE” basis, and Memory Book Lane reserves the right to modify, suspend, or discontinue the service, in its sole discretion, at any time, and without notice. You agree that Memory Book Lane is not, and will not be, liable to you for any modification, suspension or discontinuance of the service.

17. Disclaimer of Warranty

THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEMORY BOOK LANE AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MEMORY BOOK LANE AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

18. Limited Remedy for Loss of Original Content; Value of Original Content

MEMORY BOOK LANE ONLY ASSUMES THE RISK OF LOSS OF YOUR ORIGINAL CONTENT FROM THE TIME THAT WE ACTUALLY RECEIVE YOUR ORIGINAL CONTENT UNTIL THE TIME THAT WE DELIVER YOUR ORIGINAL CONTENT TO A THIRD PARTY CARRIER FOR TRANSPORT. MEMORY BOOK LANE DOES NOT ASSUME THE RISK OF LOSS OF YOUR ORIGINAL CONTENT IF, AFTER RECEIVING YOUR ORIGINAL CONTENT FROM A THIRD PARTY CARRIER, WE DISCOVER THAT ANY OR ALL OF YOUR ORIGINAL CONTENT IS DAMAGED OR LOST. TO LIMIT THE INHERENT RISK OF LOSS OF YOUR ORIGINAL CONTENT THAT WILL EXIST IN ANY TRANSACTION, YOU AGREE NOT TO POST, MAIL, SEND OR UPLOAD ANY ORIGINAL CONTENT THAT, IN THE AGGREGATE, HAS A VALUE (EITHER TANGIBLE OR SENTIMENTAL) OF MORE THAN FIVE HUNDRED DOLLARS ($500.00). YOU ACKNOWLEDGE AND AGREE THAT A REASONABLE APPROXIMATION OF THE DAMAGES THAT WOULD BE SUFFERED BY YOU FROM THE LOSS OF YOUR ORIGINAL CONTENT DOES NOT EXCEED, IN THE AGGREGATE, AN AMOUNT OF FIVE HUNDRED DOLLARS ($500.00). IN THE EVENT OF THE LOSS OR DAMAGES TO YOUR ORIGINAL CONTENT, YOU AGREE THAT YOU SHALL BE ENTITLED TO RECOVER ONLY THE ACTUAL AND DIRECT DAMAGES AS DETERMINED UNDER THESE TERMS, AND THAT UNDER NO CIRCUMSTANCES WILL SAID DAMAGES BE IN EXCESS OF FIVE HUNDRED DOLLARS ($500.00). AS STATED ABOVE, YOU BEAR ALL POSSIBILITY OF LOSS OF YOUR ORIGINAL CONTENT WHILE YOUR ORIGINAL CONTENT IS IN THE POSSESSION, CONTROL OR CUSTODY OF ANY THIRD PARTY CARRIER.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, NEITHER MEMORY BOOK LANE NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF MEMORY BOOK LANE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE AMOUNT OF THE CONTRACT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

20. Arbitration Provision

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.

YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THESE TERMS, OR TO THE SERVICE, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE.

ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. NEITHER YOU NOR WE WILL BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NEITHER YOU NOR WE WILL BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; YOU AND WE FURTHER AGREE TO WAIVE ANY RIGHT TO ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON THAT BASIS. THIS MEANS THAT THAT EVEN IF A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE ACTION, SUCH AS THAT IN FORM OF A PRIVATE ATTORNEY GENERAL ACTION, IS FILED, ANY CLAIM BETWEEN US RELATED TO THE ISSUES RAISED IN SUCH LAWSUITS WILL BE SUBJECT TO AN INDIVIDUAL ARBITRATION CLAIM IF EITHER YOU OR WE SO ELECT.

YOU AND WE AGREE THAT THIS BINDING ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1-16, AS IT MAY BE AMENDED.

THIS BINDING ARBITRATION PROVISION APPLIES TO ANY AND ALL CLAIMS THAT YOU HAVE AGAINST US, OUR PARENT, SUBSIDIARIES, AFFILIATES, LICENSEES, PREDECESSORS, SUCCESSORS, ASSIGNS, AND AGAINST ALL OF THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSIGNS, OR THAT WE HAVE AGAINST YOU; IT ALSO INCLUDES ANY AND ALL CLAIMS REGARDING THE APPLICABILITY OF THIS ARBITRATION CLAUSE OR THE VALIDITY OF THESE TERMS, IN WHOLE OR IN PART.

THE PARTY FILING A CLAIM(S) IN ARBITRATION MUST FILE ITS CLAIM(S) BEFORE THE AMERICAN ARBITRATION ASSOCIATION UNDER THE RULES OF SUCH ARBITRATION ADMINISTRATOR IN EFFECT AT THE TIME THE CLAIM(S) WAS FILED. RULES AND FORMS MAY BE OBTAINED AND CLAIMS MAY BE FILED AT THE AMERICAN ARBITRATION ASSOCIATION, 335 MADISON AVENUE, FLOOR 10, NEW YORK, NY 10017-4605, 800-778-7879, WWW.ADR.ORG.

YOU AGREE TO PAY ALL ADMINISTRATIVE FEES AND EXPENSES OF AN ARBITRATION. IN ALL ARBITRATIONS, EACH PARTY WILL BEAR THE EXPENSE OF ITS OWN COUNSEL, EXPERTS, WITNESSES AND PREPARATION AND PRESENTATION OF EVIDENCE AT THE ARBITRATION.

ANY DISPUTE YOU HAVE ARISING FROM THESE TERMS OR THE SERVICE SHALL BE SUBMITTED TO ARBITRATION IN CHICAGO, ILLINOIS, CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION BY A SINGLE ARBITRATOR TO BE CHOSEN IN ACCORDANCE WITH SAID RULES. THE ARBITRATOR, APPLYING ILLINOIS LAW, WITHOUT REFERENCE TO ITS RULES REGARDING CHOICE OF LAW, SHALL HAVE THE AUTHORITY TO GRANT ANY REMEDY THAT A COURT HEARING THE SAME CASE WOULD HAVE THE AUTHORITY TO GRANT. THE AWARD OR DECISION RENDERED BY THE ARBITRATOR WILL BE FINAL AND BINDING ON YOU AND ANY JUDGMENT MAY BE ENTERED THEREON IN ANY COURT HAVING JURISDICTION.

ANY ARBITRATION SHALL BE CONFIDENTIAL, AND NEITHER YOU NOR WE MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR FOR PURPOSES OF ENFORCEMENT OF THE ARBITRATION AWARD. IF ANY PORTION OF THIS ARBITRATION CLAUSE IS DETERMINED BY A COURT TO BE INAPPLICABLE OR INVALID, THAN THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT. SHOULD THIS ARBITRATION AGREEMENT BE DEEMED INVALID OR OTHERWISE UNENFORCEABLE FOR ANY REASON, IT SHALL BE SEVERED AND THE PARTIES AGREE THAT EXCLUSIVE JURISDICTION AND VENUE FOR ANY CLAIMS WILL BE IN STATE OR FEDERAL COURTS IN CHICAGO, ILLINOIS.

21. General Legal Terms

The Terms constitutes the whole legal agreement between you and Memory Book Lane and governs your use of this service, and completely replaces any prior agreements between you and Memory Book Lane in relation to this service. You agree that if Memory Book Lane does not exercise, or enforce, any legal right, or remedy, which is contained in the Terms (or which Memory Book Lane has the benefit of under any applicable law), this will not be taken to be a formal waiver of Memory Book Lane’s rights. Those rights, or remedies, will still be available to Memory Book Lane. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms and your relationship with Memory Book Lane under the Terms shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

22. Contacting Us

Should you have any questions or concerns about these Terms of Use, you should contact us at:

Memory Book Lane, Inc.
Schaumburg, IL 60173
Phone: 800-310-0770
Fax: 847-310-9528
info@memorybooklane.com