The Memory Zone Scrapbook Store,
LLC maintains the interactive portion(s) of
their Web site as a service free of charge.
By using any interactive services provided
herein, you are agreeing to comply with and
be bound by the terms, conditions and notices
relating to its use.
1. As a condition of your use of this Web
site and the interactive services contained
therein, you represent and warrant to The Memory
Zone Scrapbook Store, LLC that you will not
use this Web site for any purpose that is unlawful
or prohibited by these terms, conditions, and
notices.
2. This Web site contains one or more of the
following interactive services: bulletin boards,
chat areas, news groups, forums, communities
and/or other message or communication facilities. You
agree to use such services only to send and
receive messages and material that are proper
and related to the particular service, area,
group, forum, community or other message or
communication facility. In addition to any
other terms or conditions of use of any bulletin
board services, chat areas, news groups, forums,
communities and/or other message or communication
facilities, you agree that when using one,
you will not:
- Publish,
post, upload, distribute or disseminate any
inappropriate, profane, derogatory, defamatory,
infringing, improper, obscene, indecent or
unlawful topic, name, material or information.
- Upload files that contain software or other
material protected by intellectual property
laws or by rights of privacy of publicity
unless you own or control such rights or
have received all necessary consents.
- Upload
files that contain viruses, corrupted files,
or any other similar software or programs
that may damage the operation of another's
computer.
- Advertise
any goods or services for any commercial
purpose.
- Offer
to sell any goods or services for any commercial
purpose.
- Conduct
or forward chain letters or pyramid schemes.
- Download for distribution in any manner
any file posted by another user of a forum
that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Defame,
abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights
of privacy and publicity) of others.
- Falsify
or delete any author attributions, legal
or other proper notices, proprietary designations,
labels of the origin, source of software
or other material contained in a file that
is uploaded.
- Restrict
or inhibit any other user from using and
enjoying any of the bulletin board services,
chat areas, news groups, forums, communities
and/or other message or communication facilities.
3. The Memory Zone Scrapbook Store, LLC has
no obligation to monitor the bulletin board
services, chat areas, news groups, forums,
communities and/or other message or communication
facilities. However, The Memory Zone Scrapbook
Store, LLC reserves the right at all times
to disclose any information deemed by The Memory
Zone Scrapbook Store, LLC necessary to satisfy
any applicable law, regulation, legal process
or governmental request, or to edit, refuse
to post or to remove any information or materials,
in whole or in part.
4. You acknowledge that communications to
or with bulletin board services, chat areas,
news groups, forums, communities and/or other
message or communication facilities are not
private communications, therefore others may
read your communications without your knowledge.
You should always use caution when providing
any personal information about yourself or
your children. The Memory Zone Scrapbook Store,
LLC does not control or endorse the content,
messages or information found in any bulletin
board services, chat areas, news groups, forums,
communities and/or other message or communication
facilities and, specifically disclaims any
liability with regard to same and any actions
resulting from your participation. To the extent
that there are moderators, forum managers or
hosts, none are authorized The Memory Zone
Scrapbook Store, LLC spokespersons, and their
views do not necessarily reflect those of The
Memory Zone Scrapbook Store, LLC
5. The information, products, and services
included on this Web site may include inaccuracies
or typographical errors. Changes are periodically
added to the information herein. The Memory
Zone Scrapbook Store, LLC may make improvements
and/or changes in this Web site at any time.
Advice received via this Web site should not
be relied upon for personal, legal or financial
decisions and you should consult an appropriate
professional for specific advice tailored to
your situation.
6. The Memory Zone Scrapbook Store, LLC makes
no representations about the suitability, reliability,
timeliness, and accuracy of the information,
products, and services contained on this web
site for any purpose. All such information,
products, and services are provided "as
is" without warranty of any kind.
7. The Memory Zone Scrapbook Store, LLC hereby
disclaims all warranties and conditions with
regard to the information, products, and services
contained on this web site, including all implied
warranties and conditions of merchantability,
fitness for a particular purpose, title and
non-infringement.
8. In no event shall The Memory Zone Scrapbook
Store, LLC be liable for any direct, indirect,
punitive, incidental, special, consequential
damages or any damages whatsoever including,
without limitation, damages for loss of use,
data or profits, arising out of or in any way
connected
- with
the use or performance of this web site,
- with the delay or inability to use this
web site,
- with the
provision of or failure to provide services,
or
- for any
information, software, products, services
and related graphics obtained through this
web site, or otherwise arising out of the
use of this web site, whether based on contract,
tort, strict liability or otherwise, even
if The Memory Zone Scrapbook Store, LLC has
been advised of the possibility of damages.
9. Due to the fact that certain jurisdictions
do not permit or recognize an exclusion or
limitation of liability for consequential or
incidental damages, the above limitation may
not apply to you. If you are dissatisfied with
any portion of this web site, or with any of
these terms of use, your sole and exclusive
remedy is to discontinue using this web site.
10. The Memory Zone Scrapbook Store, LLC reserves
the right in its sole discretion to deny any
user access to this Web site, any interactive
service herein, or any portion of this Web
site without notice, and the right to change
the terms, conditions, and notices under which
this Web site is offered.
11. This Agreement contains the entire agreement
between the parties relating to the subject
matter hereof and supersedes any and all prior
agreements or understandings, written or oral,
between the parties related to the subject
matter hereof. No modification of this Agreement
shall be valid unless made in writing and signed
by both of the parties hereto.
12. This Agreement
shall be governed by and construed in accordance
with the laws of the State of Indiana.
Exclusive jurisdiction and venue shall by in
the Marshall County, Indiana
Superior Court.
Binding Effect. This Agreement shall be binding
upon all who use The Memory Zone Scrapbook
Store, LLC’s services, property, and
other assets mentioned in this agreement with
respect to this Web site and associated content,
and it supersedes all prior or contemporaneous
communications and proposals, whether electronic,
oral or written with respect to this Web site.
A printed version of this agreement and of
any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to this agreement to
the same extent and subject to the same conditions
as other business documents and records originally
generated and maintained in printed form. Fictitious
names of companies, products, people, characters
and/or data mentioned herein are not intended
to represent any real individual, company,
product or event. Any rights not expressly
granted herein are reserved.
