This End User License Agreement (hereinafter referred to as the EULA) is a legally binding agreement enforceable under the applicable law between the member (you) and HoldMyMemories.com (the website) for the purpose of offering services by the website subject to the terms and conditions of use as appears in the preceding sections. By using the website you expressly agree to be bound by the terms and conditions contained in this EULA.

Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. The Website:

This website allows you to make use of the various services which may include but are not limited to, using storage space for hosting and posting your personal images, studio images, audio recordings, downloading hosted images, videos, audio recordings, etc. Other features of the website may allow you to post items from your account to other social networking sites. Using the services of this site may also allow you to have a password protected (password protection is optional) personal family website wherein the hosted images/videos/audio recordings can be shared with your relatives and friends.

2. Registration of Membership:

This site offers three different categories of membership: Free Membership, Family Website Membership and Premium Membership. Each of these memberships offers varying levels of service. To open an account you must complete the registration process. By providing any information to HMM you consent to the use of such information in accordance with the site’s privacy policy, and in the event of any conflict between the terms contained herein and the privacy policy, the terms of this EULA shall prevail. The information furnished by you at the time of registration is only for the purpose of opening your account and creating your password.
Note: Site reserves the right to disclose any information in response to, or that is required to be shared with, disclosed or make made available, to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Site. Further, Site can (and you authorize Site to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right's owners, as Site in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

3. Subscription Period:

The members of the Family Website and Premium Account, on payment of a prepaid subscription fee, can use their account for the subscribed period. On expiration of the subscribed period members will be billed a monthly recurring fee until the membership is terminated as per this EULA. Site may decide to convert paid membership to free memberships upon expiration or cancellation of paid membership. (Note: There is no specified subscription period for Free Members as the account is free.)

4. Password & Security Code:

On becoming a member of the site, you will choose a HoldMyMemories.com user name and password to access the administrative features of your account (adding images, creating journal entries, approving guest book entries, etc). You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur with your account. It is recommended that you NEVER share your administrative login username and password.

Note: You may also choose to password protect your family website. This is a separate password (chosen by you) that friends and family would need to enter before being permitted to view your family website. This password chosen by you may be changed at any time through the administrative section of your site.

5. Activation:

For a ‘Free Membership’ account, the activation shall commence from the time you agree to the terms and conditions of the membership. For the ‘Family Website Membership’ and ‘Premium Membership’ Account, activation shall commence upon payment of the specified subscription fee and agreeing to the terms of the membership.

6. Links to other sites:

With your membership, this website may allow you to share your pages/website with other social networking sites. Though your website shall be bound by the terms and conditions of this EULA, with regard to other links/sites that you may access, this website has no control over such sites. You further acknowledge and agree that this website/or any person/affiliates/employees are not responsible for the contents made available on such external sites or resources and that this website does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or sources. You further acknowledge and agree that there is no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7. Permission by the Members:

You may choose to password protect your Family Website. The website shall not be responsible for any misuse of the permission granted by you or and no action or claim is maintainable against this site for the permission granted by you. You realize that by giving your website password to others, your site is viewable by others, and those whom with they share your password with.

8. Permitted Use of the Site:

The permitted use of the site is governed by international copyright laws. This website grants you permission to only access and make personal use of the site and you expressly agree not to download/modify/alter/change/amend/vary/transform/revise/or reverse engineer the site, or any portion of it, except with the express consent of any authorized officer of Site. Any copies of these pages of the site saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use. (Please note: if you have images on your site that were taken at a HoldMyMemories.com licensed studio, that HoldMyMemories.com studio owns and controls the copyright for those images. HoldMyMemories.com licensed studios may have other restrictions governing the viewing and use of their images. Specifically, you may not download, copy, or print any HoldMyMemories.com studio images unless you have purchased or been granted a copyright release from that studio. Please consult the studio for their specific rules.)

No part of the Site may be reproduced or transmitted to, or stored, in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission of Site’s authorized officer.

9. User's Conduct and Obligations:

You not only agree to follow all applicable laws and regulations while using this Site but also agree to act responsibly in a manner demonstrating the exercise of good and fair judgment. You agree not to use the Site to:

  • Upload, post, distribute, transmit or otherwise make available any material or content that infringes and/or violates any right of a third party, including but not limited to: (i) copyright, patent, trademark, or other proprietary rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their prior express permission) or publicity; (iii) any confidentiality obligation;
  • Upload, post, transmit or otherwise make available any material or content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, contains sexually explicit material or content, hateful, exploits images or the likeness of individuals under 18 years of age, characterizes violence as acceptable, glamorous or desirable, encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes) or racially, religiously ethnically or otherwise objectionable. This includes texts, graphics, videos, audio files, programs, etc.
  • Upload, post, transmit or otherwise make available any Trojan horses, time bombs, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or any other harmful programs or elements.
  • Upload, post, transmit or otherwise make available any viruses including those which interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user's ability to engage in real time exchanges
  • Upload, post, transmit, distribute or make available any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers.
  • Upload, post, transmit or otherwise make available any material or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
  • Upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail, "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
  • Engage in antisocial, disruptive or destructive acts, including "flaming," "spamming," "flooding", "harassing", "stalking", "trolling" as those terms are commonly understood and used on the Internet i.
  • Harm minors in any way.
  • Impersonate any person or entity, including, but not limited to, Site officials, forum leaders, guides or hosts, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Use the information available through this Site for any unauthorized or illegal purpose.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material or content transmitted through the Site.
  • Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site, its computer systems, servers or networks.
  • Assist any third party in doing any of the foregoing prohibited actions.
  • Not to download or copy account information of another user for your benefit or any third party benefit; or retrieve any data or other material or content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise, etc.

10. Requisite arrangement to use the services of the website:

For the effective usage of the services provided by the website you must provide (1) all equipment necessary for your own internet connection, including computer and modem and (2) provide for your access to the internet, and (3) pay any fees relate with such connection as the same shall not be construed to form a part of this EULA.

11. Membership Eligibility:

The services made available to you upon registration are only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the services are not available to minors. If you do not qualify, please do not use these services.

12. Warranty Disclaimer:

You expressly understand and agree that: (a) your use of the services is at your sole risk. The services are provided on an “as is” and “as available basis”. Except as expressly set forth herein, the site expressly disclaims all warranties of any kind whether express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement; (b) the site makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system and any loss of data that results from the download of any such material; and (d) further this warranty gives you specific legal rights. You may also have other rights which may vary from state to state as some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.

13. NOTICE:

OPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER MEDIUM OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE END USER LICENCE AGREEMENT.

14. Limitation Liabilities:

Apart from the contents as mentioned in the disclaimer of the Warranty, this website under no circumstances will be held responsible or liable, in any way, for any material or content which in legal opinion or the site’s opinion and/or other user’s opinion is derogatory, threatening, lewd, lascivious, excessively violent, defamatory, obscene or offensive or offends public sensibilities or morals, etc. Site shall also not assume liability for 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 or uploaded on the site, or any infringement of another's rights, including intellectual property rights; or any product/merchandise being defective, lost, damaged, etc. You specifically agree that site is not responsible for any content/material/product sent using and/or included in this site/service by any third party and that no action nor claim is maintainable against it.

15. Indemnification:

You agree to indemnify the website, its partners, affiliates, officers, creators, and employees against any and all harm, loss, damage, breach of trust, breach of terms, services, violations, infringement of any proprietary rights etc., and you agree that there shall be no claim made against the site for any of the above reasons.

16.Service and Product specifications:

These and other information have either been provided by the Vendors upon their own consent or collected from publicly available sources. While every attempt is made that the material posted on the website is accurate, there is no representation or warranties with regard to its accuracy, reliability or truth of any information, contents or material made available or provided on this website. You agree and acknowledge the website has no liability with regard to the above.

17. Intellectual Proprietary Rights:

The copyright in the software and all text, images, applications and other data comprising in this website is owned by HoldMyMemories.com LLC and/or its representatives and is protected by US and international copyright laws. Further all the contents available on the website including the designs, layout, graphics, templates, and arrangement is protected under the ©2008 HoldMyMemories.com and the same rights shall be reserved, or is the property of HoldMyMemories.com LLC and/or third parties protected by intellectual property rights.

With regard to the Trademark, Hold My Memories Share Your MomentsTM is a proprietary mark for which HoldMyMemories.com holds an exclusive worldwide license from the owner of such mark (s) and being a trademark the same may not be used in connection with any product or service that is not provided by HoldMyMemories.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HoldMyMemories.com.

All other trademarks displayed on HoldMyMemories.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or affiliates. In addition, such use of trademarks or links to the web sites of Vendors or affiliates is not intended to imply, directly or indirectly, that those Vendors or affiliates endorse or have any affiliation with HoldMyMemories.com.

18. Proprietary Rights Infringement:

The intellectual properties of others are respected and this website requests the members and users do the same. Since this website involves several specialized and technically advanced software applications, and is governed by the appropriate intellectual property laws, any or all kind of misuse or infringement of the proprietary rights by the member or any other person acting under the member’s username and password, the same shall be dealt by having legal action initiated as per the applicable laws for the infringement of the proprietary rights being in accordance to the US copyright infringement laws.

19. Notification of Claimed Copyright Infringement:

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, HoldMyMemories.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Mr. Dan Quinlan
14149 West Fair East Drive Houston, TX 77041
By Telephone: 281-890-8171
By E-Mail: Dan.Quinlan@HoldMyMemories.com

20. Jurisdiction and Venue:

The website makes no representation or warranty that the services provided are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the site you agree to do so subject to the laws of the State of Texas. Further due to the uncertainty and lack of uniformity of laws in other states and countries, and in order to minimize any dispute as regards to the applicable laws you understand and agree that all/or any dispute arising out of the terms of this EULA or the Site, or the Services provided by the same shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and the courts of the State of Texas shall have non-exclusive jurisdiction with respect thereto.

21. Term:

The Terms (including the License and the Services) shall apply till the same is terminated in accordance herewith.

22. Termination. Your account may be terminated either:

a) By your cancellation of your "Family Website" or "Premium Account".
OR
(i) failure to pay as due any fees or other amounts payable to HMM; or
(ii) breach by you of the Terms or of any applicable guidelines or rules.
The termination shall come into effect by closing down all the services and removal of your account password from the Site and its servers (a) on 30 days notice to you for any reason; or (b) immediately and without notice upon the happening of any of the above events as mentioned in (b) (i) and (ii).

Note: Site may transfer your paid Family Website or Premium account to a free account at Site’s discretion. Should site do this, you will maintain your username and password, however you would lose your website URL and the ability to share your site or any content within.

23. No Controlling Spam Policy:

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications. You may not harvest information about users of Site for the purpose of sending or to facilitate the sending of unsolicited bulk communications. Site may suspend/terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details violates these terms. Site may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, using or remaining within Site’s computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, the services provided by Site.

24. Terms of Use for HoldMyMemories.com email:

HoldMyMemories.com emails are for the purpose of interaction with the site and any input or comments are welcome, including creative ideas or suggestions relating to website or the materials posted, but the same shall be made without any demand of payment from the site. Your e-mail shall be recorded and stored in the data storing device of the website for a minimum of one year from the receipt of the same. In the event of the mails bouncing back to your account due to of various reasons for which the Site has no control, it does not undertake any responsibility or liability.

25. Modification as to the material or terms of using the website:

This website, affiliates, officers, and owners exclusively reserve the right to modify, alter, change, or remove any material, content, or features on the website. Such modifications, alterations, change, or removal shall become effective and accepted by you immediately upon being posted at the HoldMyMemories.com website and your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

26. Acceptance of Privacy Policy:

By using Site and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Site’s. Site reserves all right, to modify this Privacy Statement at any time.

27. Compliance with applicable laws:

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services.

28. Fair Use:

The ability to store “unlimited” image, video, and audio files is in accordance with a generally accepted “fair use” policy. You agree that your personal files may be uploaded in accordance herein.

29. Reservation of Rights:

HMM reserves all other rights not expressly granted to you in this EULA.