Terms & ConditionsTerms & Conditions

MEMORIES FOR GENERATIONS LLC
TERMS OF USE
(Effective as of November 29, 2019)

 

Welcome to the Memories For Generations LLC website.  The following terms and conditions (“Terms of Use”) govern access to and use of our website located at https://www.m4g.biz (the “Site”) and the services offered by Memories For Generations LLC in connection with the Site (“Service”).  The Service is made available by Memories For Generations LLC (“us,” “we,” “our,” or “M4G”).  Please review these Terms of Use carefully.  By accessing or using the Site you (“you”) agree to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Site or the Service.  M4G also may make changes to these Terms of Use, which will be posted to this page and will become effective immediately upon posting.  For this reason, we urge you to read these Terms of Use each time you visit our Site.

PRIVACY POLICY

M4G respects the privacy of its users. Please refer to M4G’s Privacy Policy (found here: [http://www.M4G.biz/privacy-policy]) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site or the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE; RULES FOR CONDUCT AND USE OF THE SERVICE

M4G maintains this website to provide online access to information about M4G and the products and Services we provide.  You need to be at least 18 years old and a resident of the United States to participate in the Service.  The Services provided by us are subject to a separate customer agreement, a form of which can be found here: [http://www.M4G.biz/customer-agreement] (the “Customer Agreement”).  If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable.

You are solely responsible for your use of and activity in relation to the Site and the Service.  Your permission to use the Service and the Site is conditioned upon the following use and conduct restrictions.  You agree that you will not under any circumstances:

  • post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are a M4G official or representative, message board moderator, guide, or another user;
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • attempt to, or harass, abuse or harm another person;
  • provide false or inaccurate information to M4G;
  • interfere or attempt to interfere with the proper functioning of the Site or Service;
  • make any automated use of the Site or Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • copy, modify or distribute rights from the Site or Service or M4G’s copyrights and trademarks;
  • submit content or materials that are subject to intellectual property protection, including without limitation, copyright, trademark or patent rights, or otherwise subject to third party proprietary rights, including without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said content or materials and to grant us all of the license rights necessary to transmit or maintain such content and materials on or through the Site;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or the Service or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
  • publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of M4G or of any other person or entity.

You acknowledge that people participating in public or semi-public spaces on the Site, including any blog or message board we may make available (collectively “Forums”) occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive.  We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Site, including in the Forums, by any third person.  The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of M4G.  We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in submissions or other content posted by our users or for any results obtained from the use of any such statements or information.  Under no circumstances will we or our affiliates, agents, suppliers or other users be liable for any loss or damage caused by your reliance on any content or material submitted to us or on any information or materials obtained through the Site.

We have no obligation to monitor the Site, the Forums or any submissions or other materials that you or other third persons or parties transmit or post on the Site or the Forums.  You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (c) disclose any submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site to (i) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (ii) to comply with legal obligations or governmental requests; (iii) to enforce these Terms of Use; or (iv) for any other reason or purpose.

Any material, content or information that you submit, supply, provide, transmit or otherwise make available to us or the Site (including the Forums or any third-party services the Company may use in connection with the Service), including all intellectual property rights in such content, including but not limited to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights, and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction, is referred to in these Terms of Use as “User Content.” You retain all of your rights in all of the User Content you provide to us.

By posting or submitting User Content or material to the Site, including the Forums, or any third-party services the Company may use in connection with the Service, you represent and warrant (A) that you own or otherwise control all of the rights to the User Content submitted, including without limitation, all copyrights; (B) that the User Content is accurate; (C) that use of the User Content you supply does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity; and (D) that you will indemnify us and/or our affiliates for all claims resulting from any User Content.  We take no responsibility and assume no liability for any User Content or materials submitted or posted on the Site, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY USER CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE, INCLUDING IN THE FORUMS.

INTELLECTUAL PROPERTY; LICENSE GRANT

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks and other proprietary rights. Names of other products, companies, or other persons or entities, that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

By providing any User Content to M4G, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, and distribute your User Content on the Site and in other promotional materials for the purposes of operating and providing to you and to our other users the Service and other products and services we may offer from time to time and for otherwise advertising and promoting the Site and the Service. In addition, you hereby consent to the use and disclosure of your name, and other personal identifying information you provide to us, in connection with our display, publication, or other use of any User Content that you submit to us.  Nothing in these Terms of Use shall restrict M4G’s rights to User Content under separate licenses. Please be aware that the Site and the Service, any other promotional materials we may distribute from time to time, are publicly available, and that other persons or entities may see, use, or otherwise republish or redistribute any User Content that you provide to us and we make publicly available through the Site, the Service, or otherwise.

NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

If you believe any material or content accessible on, from, or through the Site (including the Forums) or the Service infringes your copyright, you may request removal of that content (or access thereto) from the Site (including the Forums) and the Service by contacting our copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

WARRANTY DISCLAIMER

THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, M4G EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE, OR ANY INFORMATION PROVIDED BY M4G THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, M4G MAKES NO WARRANTY OR REPRESENTATION THAT (A) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE BASIS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE OR (D) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.  M4G SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS OR INFORMATION. M4G does not guarantee the quality, safety or legality of the products, information or services provided through the Site and the Service.

LIMITATION OF DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL M4G, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE OR DISPLAY OF ANY USER CONTENT YOU POST OR SUBMIT TO M4G; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH M4G, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT M4G HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

MODIFICATION OF TERMS OF USE

We can amend or discontinue the Site (or any portion of the Site), the Services, and these Terms of Use at any time, temporarily or permanently.  M4G will not be required to notify you in advance of amending or modifying the Site, the Service, or the Terms of Use.  However, we will post any modifications to the Terms of Use on the Site and such modifications will become effective immediately.  Therefore, it is your sole responsibility to check the Site from time to time to view any such changes.  If you continue to use the Service or the Site after such modifications are posted, you signify your agreement to our revisions to the Terms of Use.  M4G shall not be liable to you or any third party in the event M4G exercises its right to modify or discontinue the Site (or any portion of the Site).  Unless explicitly stated otherwise, any new feature that augments or enhances the current Site shall be subject to these Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of M4G’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of M4G.  No purported waiver or modification of these Terms of Use by M4G via telephonic or email communications shall be valid.

CUSTOMER AGREEMENT

If you are interested in obtaining the Services, you will be required to execute the Customer Agreement, a form of which can be found here: [https://m4g.biz/customer-agreement/]. In addition, please see the following section of the Site https://www.m4g.biz/contact  for instructions on how to contact us to learn more about the Services and how to submit materials.

GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of M4G to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of Colorado, without regard to conflict of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. You hereby consent to personal jurisdiction by the state and federal courts located in Adams County, Colorado.

You agree to indemnify, defend and hold M4G, its parents, subsidiaries, affiliates, shareholders, directors, officers, managers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms of Use.

Neither party shall be deemed to be an agent of the other party and the relationship of the parties shall be that of independent contractors. Neither party shall have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on behalf of the other party, or to bind the other party in any matter whatsoever.  The headings of the sections of these Terms of Use are for convenience of reference only and shall not be considered in construing these Terms of Use.

Communications made through the Site’s e-mail and messaging system (including by messages submitted to us at [https://www.m4g.biz/contact]) will not constitute legal notice to M4G or any of its officers, employees, agents or representatives in any situation where notice to M4G is required by contract or any law or regulation.

For contractual purposes, you (a) consent to receive communications from M4G in an electronic form via any email address you may submit to us; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that M4G provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

You agree to comply at all times with all laws, rules and regulations applicable to your use of the Service and the Site.  M4G controls this Site from within the United States. You may not access, download, use or export the Site in violation of U.S. export laws or regulations or in violation of any other applicable laws or regulations.

Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of M4G.

M4G may assign or delegate these Terms of Use and/or the M4G Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without M4G’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [https://m4g.biz/privacy-policy/] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

If you have any questions regarding these Terms of Use or the Site, please contact M4G at [https://www.m4g.biz/contact].

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