1. Your Acceptance
By using or visiting the RemembranceTime.com website or any software, data feeds and sevices provided to you on, from, or through the Remembarancetime.com website ( collectively the"service") you signify your agreement to (1) these terms and conditions ( the "Term of Services"), if you do not agree to any of these terms, please do not use the service.
Although we may attempt to notify you when major changes are made to these Terms of Service, You should preodically review the most up-to date version http://www.RemembranceTime.com/terms) Remembarance.com may, in its sole direction, modify or revise these Terms of Service shall be deemed to confer any third-party rights or benefits.
2. Service
These Terms of Service apply to all users of the service, including users who are also contributors of Contenton the Service. " Content" includes the Software, graphics, sounds, music, videos,photos, text, interactive features, audio visual combinations and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of RemenbranceTime.com website, such as the RemembrranceTime.com "Uploader" and other applications.
The Service may contain links to thrid party websites that are not owned or controlled by RemembranceTime.com also has no control over, and assumes no responsibility for, the content, practices of any party websites or privacy policies. In addition RemembranceTime.com will not and not able censor or edit / revisethe contant of any third-party site. By using the Service, you expressly relive RemembranceTime.com from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions along with privacy policy of each other website that you visit.
3. RemembranceTime Accounts
In order to access some features of the service, you will have to creat a RemenbranceTime.com Account. You are prohibited to use another's account without permission. When creating your account, you must provide acurate and complete data/ information. You are soley responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RemenbaranceTime.com immidiately of any breach of security or unauthorized use of your account.
Although RemembranceTime.com will not be liable for your losses caused by any unauthorized use of your account, you maybe liable for the losses of RemembranceTime.com or others due to such unauthorized use.
4. General Use of Service (Permissions and Restrictions)
RemembranceTime.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, Provided that:
You agree not to alter or modify ant part of the service.
You agree not to access content through any tecnology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicity authorized means RemembranceTime.com may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain RemembranceTime.com's prior written approval:
If you use the RemembranceTime.com Uploader, you agree that it may automatically download and install updates from time to time from RemembranceTime.com. These updated are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to recieve such updates and permit RemenbranceTime.com to deliver these to you as part of your use of the Uploader.
If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the RemembranceTime.com website.
You agree not to use or launch any automated system, including without limitaion, "robots," "Spiders" or "offline readers" that accesses the Service in a manner that sends more request messages to the RemembranceTime.comservers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Not withstanding the foregoing, RemembranceTime.com grants the operators of public search engines permission to us spiders to copy materials from the site for the sole purpose of and soley to the extent necessary for creating pblicity available searchable indices of the materials, but not catches or archives os such materials. RemembranceTime.com reserves the right to revoke these exceptions either generally or in specific casess. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the service(e.g., comments, email) for any commertial solicitation purposes, You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
RemembranceTime.com reserves the right to discontinue any aspect of the Service ot any time.
5. Your use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the service, and the trademarks, service marks and logos("MARKS") on the are ownwd by or licensed to RemembranceTime.com, subject to copyright or other intellectual propery rights under the law.
The Content is provided to you "AS IS". You may access Content for your information and personal use soley as intended through the provided functionality of the Service for that Content. You shall not copy, reproduce, distribute, transmit, brpdcast, dosplay, sell license, or otherwise exploit any Content for any other purposes without the prior written consent of RemembranceTime.com or the respective licensors of the Constent. RemembranceTime.com and its lincensors reserve all rights not expressly grant in granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfare with security-related features of the Service or features that peven or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, You will be exposed to Content from a variety of sources, and that RemembranceTime.com is not responsible for the accuracy , usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and ocknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RemembranceTime.com with respect there to and to the extent permitted by applicable law, agree to indemnify and hold harmless RemembranceTime.com, its owners, operators, affiliates, lincesors and lincensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
As a RemembranceTime.com account holder you may submit Content to the Service, Including videos and user comments. You understand that RemembranceTime.com dose to guarantee any cinfidentiality with respect to any Content you submit.
You shall be soley responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent and warrant that you pwn or have the necessary licenses, rights, consents and permissinos to publish Content you submit, and you licenses to RemembranceTime.com all patent, trademark, trage secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Termsof Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to RemembranceTime.com, you hereby grant RemenbranceTime.com a worldwide.non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce,distribute, prepare derivative works of, display and perform the Content in connection with the Service RemembranceTime.com's and (its successor's and affiliates) business, including without limitation for promoting and redistributing part of all of the Service (and derivative works thereof) in any media formats and thriugh any media channels. You also hereby grant each user of the service a non -exclusive licence to access through the service, and to use, reproduce, distribute, display and perfor such Cobtent as permitted through the funtinality of the Service and under these Term of Service. The above licenses granted by you in video Content you submit to the service terminate within a commercially reasonable time after you remove or delete your videos from the service. You understand and agree, however,thatRemembranceTime.com may retain, but not display, dis tribute, or perform, server copies of your videos that have been removed or deleted. The above licences granted by YOU in user comments you submit are perpetual and irrevocable.
You furthur agree that Content you submit to the service will not contain thrid party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permissin from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant RemembranceTime.com all of the license rights granted herein.
RemembranceTime.com dose not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expresses therein, and RemembranceTime.com expressly disclaims any and all liability in connection with Content. RemembranceTime.com dose not permit copyright infringing activities and infringment of intellectual property rights on the Service, and RemembranceTime.com will remove all Contant if properly notified that such Content infringes on another's intellectual property rights. RemembranceTime.com reserves the right to remove CONTENT WITHOUT PRIOR NOTICE.
7. Account Termination Policy
RemembranceTime.com will terminate a user's access to the service if, under appropriate circumstances, the is determined to be a repeat infringer.
RemembranceTime.com reserves the right to decide whether Content violets these Terms of Services for reasons other than copyright infringement, such as but not limited to , pornography, obscenity, or excessive length. RemembranceTime.com may at anytime without prior noyice and in its sole discretion, remove such Content and/or terminate a user's account for submittingsuch material in violation of these Term of service.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agentthereof and believe that any Contant infringes upon your copyrights, you masy submit a notification puruant to the Digital Millennium Copyright Act("DMCA")by providing your copyright Agent with the following information in writing(see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized ti act on behalf of the owner of an exclisive right that is allegedly infringed;
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 dosabled and data/information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the servoce provider to contact you, such as an address, phone/cell phone. ant source of contact number, and if available an electronic mail;
A statement that you have a giid faith belief that use of the material in the manner complaind of is not outhorized by the copyright owner, its agent or the law and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your physical or electronic signature;
Identification of the content that has been removed or to which accesss has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the contant was removed or disabled as a result of mistake or misidentification of the Content: and
If a counter notice is recieved by the copyright Agent, RemembranceTime .com may send a copy of the counter notice to the original complaining party information that person that it may replace the removed Content or cease disabiling it in 10 business days, Unless the copyright owner files an action seeking a court order against the Content provioder, member or user, the removed Content may be replaced, or access to it restored, in 10 14 business days or more after receipt of the counter notice, at RemembranceTime.com's sole discretion.
9. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, REMEMBRANCETIME.COM IT'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED. IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. REMEMBRANCETIME.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THHIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (l) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ll) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESUILTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (lll) ANY UNAUTHORIZED ACCESS TO OT USEOF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL DATA/INFORMATION/ PROFILES AND/OR FINANCIAL INFORMATION STORED THEREIN. (lV)ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY , AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, REMEMBRANCETIME.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REMEMBRANCETIME.COM WILL NOT BE A PARTY TO OR IN ANYWAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OE SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCUSE CAUTION WHERE APPROPRIATE.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL REMEMBRANCETIME.COM ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLETO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNTIVE, OR CONSEQENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY(l) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT , (ll) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (lll) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANT AND ALL PERSONAL DATA/INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (lV) ANY BUGS, VIRUSES, TORJAN HORSES OR THE LIKE, WHICH MAYBE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY , AND/OR ANY INTRUPTION OF CESSATION OF TRANSMISSION TO OR FROM OUR SEVICES (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND ICURRED AS A RESULT OF U]YOU USE OF ANY CONTENT POSTED, EMAILD, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER OR NOT THE COMPANY IS TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDEGE THAT REMEMBRANCETIME.COM SHALL NOT BE LIABLE FOE CONTANT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The service is controlled and offered by RemembranceTime.com from its facilities in the United States of America. RemembranceTime.com makes no representaions that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Idemnity
To the extentpermitted by applicable law, you agree to defend, indemnify and hold harmless RemembranceTime.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to attorney's fees) arising from, (l) u]your use of and access to the Services, (ll) your violation of any term of these Term's of Service; (lll) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (lV) any claim that your Content caused danage to a third party . This defense and indemnification obligation will survive these Term of Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more thamn 18 years of age , or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Services. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. if you arer under 13 years of age, then please do not use the Service. There arre lots of other great web sites for you. Talk to your parents about what sites are approprites for you.
13. Assignment
These Terms of Service, and any rights and lincenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RemembranceTime.com without restriction.
14. General
You agree that (l) the Service shall be deemed solely based in NEW YORK; and (ll) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over RemembranceTime.com, either specific or general, in jurisdictions other than NEW YORK. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and RemembranceTime.com that arises in whole or in part from the Service shell be decided exclusively by a court of competent jurisdiction located in Queens county New York. If any provision of these Term of Service is deemed invalid by a court of competent jurisdiction. the invalidity of such provision shall not affect the validity of the remaining provisins of these Term of Service, which shall remain in full force and effect. No waiver of any term of this these Term of Service shall be deemded a further or continuing waiver of such term or any other term, and RemembranceTime.com's failure to assert any right or provition under these Term of Service shall not consititute a waiverof such right or provision. RemembranceTime.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Term of Service will signify your asset to and acceptance of its revised terms. YOU AND REMEMBRANCETIME.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
