Welcome to YourFamilyMemories! We hope you find our content interesting and useful.

Before you begin using the YourFamilyMemories.com website, the YourFamilyMemories mobile application (the “App”) or setting up your account with YourFamilyMemories, Inc. (herein referred to as “we”, “us”, or “YourFamilyMemories”), please read the following Terms of Service (“Terms”) carefully. These Terms govern your access to and use of the YourFamilyMemories website, App and service, including functionality available through the YourFamilyMemories website which may be provided by third party providers, during both any free trial period (the “Trial Period”) and any future access or use (collectively, the “Service”). The Service is also governed by our separate Privacy Policy incorporated by reference into these Terms. By registering, clicking on the “Sign Up” button, or accessing or using the Service, you (“you”) agree to these Terms, the Privacy. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. If you do not agree with any of the Terms, do not register with or otherwise use the Service. Note that any violation of these Terms may result in termination of our Service to you. We reserve the right to modify these Terms at any time. If these Terms change, the revised Terms will be posted on the website and we will change the “updated” date on this page to reflect the date of the modification. Please check back periodically. You will be notified via e-mail and/or prominent notice on our website for 30 days of any material change in these Terms. In addition, when using particular products and services, additional policies, guidelines, rules, and terms may apply, which are hereby incorporated by reference into these Terms.

Registration In order to use certain portions of the Service, you may be required to register with YourFamilyMemories. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Our use and disclosure of any such information is governed by our Privacy Policy. You acknowledge that, if any information provided by you is or we have reasonable grounds to suspect such information may be untrue, inaccurate or not current, we reserve the right to suspend or terminate your access to and use of the Service. During the account set-up process, you may be prompted 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, is illegal, vulgar, impersonates someone else or is otherwise offensive, or is protected by trademark or other proprietary rights law. 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 responsible for the confidentiality of your password and for all activities, including purchases that are conducted through your account. You shall be responsible for all use of the Service under your username and password. You further agree to (a) immediately notify YourFamilyMemories of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Subject to and conditioned upon your compliance with these Terms, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right and license to access and use the Service, including any text, sounds, data, links graphics, and other materials incorporated into the Service (other than your Submissions), solely as made available by us and solely for your own personal purposes. The Service, including all such materials and all intellectual property rights therein (other than your Submissions), remain the property of YourFamilyMemories or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, sell, resell, duplicate, modify, transmit, or use the Service or any portion thereof for any commercial purpose without the written consent of YourFamilyMemories.

While using the Service, you agree not to: Engage in spamming or flooding; Violate any applicable laws or regulations, including all laws protecting copyrighted, trademarked, trade secret, or other intellectual property; Modify, sublicense, adapt, translate, reverse engineer, sell, decompile or disassemble any portion of the Service; Collect information about users of the Service without their express consent. Abuse, harass, threaten, stalk or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects or other items of a destructive nature. Alter or modify the fundamental character of any music made available to you through the Service, or use such music for any commercial purpose. We may suspend or terminate your access to and use of the Service immediately if you fail to comply with the above terms.

Your Submissions You may submit certain material to YourFamilyMemories, including without limitation, personal videos and photos, both in analog and digital format, as part of your use of the Service (“Submissions”). Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service: Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable. Examples of material that may fall into this category include, music videos or television programs. Unless you own the copyright to these materials, you cannot post, place or transmit them using the Service. Any material sent from an anonymous or false address. Any material that promotes bigotry, racism, hatred or harm against any individual or group. While YourFamilyMemories is not responsible for, and does not review or comment on the content of Submissions provided by YourFamilyMemories users, YourFamilyMemories reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, a potential violation of these Terms of Service, or otherwise unacceptable, or (ii) take any other action that YourFamilyMemories deems necessary relating to use or misuse of the Service. YourFamilyMemories may request confirmation of the copyright or trademark ownership from the submitter. If YourFamilyMemories does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, YourFamilyMemories reserves the right to (i) suspend your access to the Service and/or (ii) share the submitter’s account information with governmental organizations, law enforcement authorities or other third parties. You hereby grant to YourFamilyMemories and its third party providers and designated agents and subcontractors a non-exclusive, royalty-free license to use, publish, copy, modify, create derivative works of, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights. All Submissions received by YourFamilyMemories in analog format (“Originals”) will be shipped back to you after the Service has been completed. Return shipping of your Originals will be charged as part of your order. YourFamilyMemories does not destroy Originals. Neither YourFamilyMemories nor its third party providers shall be liable to you for any modifications, suspensions or discontinuance of the Service. Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. YourFamilyMemories will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

Sharing Submissions Some or all of your Submissions may be shared by you with others through the YourFamilyMemories web application or mobile applications. Please note that when you share Submissions, you allow the recipients to share the Submissions with others, add them to their own accounts, and make copies of the Submissions.

Copyrighted Material YourFamilyMemories is committed to protecting copyrights and expects users of the Service to do the same. You declare that all Submissions are not in violation of any rights of any third parties, including intellectual property laws. You will indemnify and hold YourFamilyMemories and its third party providers harmless in respect to any claim of violation of a third party’s rights or intellectual property laws. The Submissions were either created by you or you have the permission of the intellectual property owner to duplicate them. At YourFamilyMemories’ discretion and in appropriate circumstances, YourFamilyMemories may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. YourFamilyMemories abides by the federal Digital Millennium Copyright Act (“DMCA”). If you believe that a Submission is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights or other intellectual property in that work, please immediately notify us of any such copyright or other intellectual property rights infringement. Similarly, if you believe that a Submission you posted to the Service has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows: Customer Service ATTN: DMCA Complaints YourFamilyMemories 9160 East Del Camino Drive, Suite B1 Scottsdale, AZ 85258 Fax: (480) 767-2511 Email: copyright@YourFamilyMemories.com Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with YourFamilyMemories’ rights and obligations under the DMCA and do not constitute legal advice. YourFamilyMemories will remove the infringing Submission. Where applicable, YourFamilyMemories will comply with the procedures outlined in the DMCA. Your account will be terminated if, at YourFamilyMemories’ sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

a. Copyright Infringement Notification To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format (including section numbers): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website. 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. 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. 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, its agent, or the law. 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.

b. Counter-Notification If Submissions that you have posted to the website have been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format (including section numbers): A physical or electronic signature of the subscriber. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Age Requirements You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

Web Addresses (URLs) As part of YourFamilyMemories sharing service, YourFamilyMemories may provide users with access to and use of pages on the YourFamilyMemories website and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. YourFamilyMemories does not guarantee the availability of a particular web address. YourFamilyMemories also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by YourFamilyMemories to a user as it deems necessary in its sole discretion and, at YourFamilyMemories option, to provide users with an alternative web page and address.

Links to Third Party Sites The Service may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of YourFamilyMemories and YourFamilyMemories is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. YourFamilyMemories is not responsible for any other form of transmission received from any Linked Site nor is YourFamilyMemories responsible if the Linked Site is not working appropriately. YourFamilyMemories is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YourFamilyMemories of the site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, YourFamilyMemories is under no obligation to link to any site.

Third Party Service Providers From time to time, YourFamilyMemories may partner with various third parties to provide additional functionality and/or alternate access to your Submissions available on the Site, or related to the App (“Third Party Functionality”). Such Third Party Functionality may be subject to additional terms and conditions which will be made available to you as you access such functionality. You hereby warrant that you will comply with all such third party terms and conditions with respect to the Third Party Functionality. You acknowledge and agree that such Third Party Functionality may be terminated by YourFamilyMemories at any time for any reason without any right of refund of any fees paid. While YourFamilyMemories will make reasonable efforts to notify you before terminating any such Third Party Functionality, failure to so notify will not be breach of these Terms.

Canceling the Service If you violate any of these Terms, your permission to use the Service will terminate automatically. If your account is canceled or discontinued, YourFamilyMemories will delete any Submissions, including digital videos and photos stored in your account.

YourFamilyMemories Service Material and Software All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. All right, title and interest in and to the Service are and will remain the exclusive property of YourFamilyMemories. The Service is protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the website. You may not use the Service on, or in connection with, any other website, for any purpose. If you are using the Service through the App, you hereby acknowledge that YourFamilyMemories may, in its sole discretion, remove functionality from the App, or disable access to the App.

U.S. Government Restricted Rights All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

Indemnification You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account (ii) any images, video or other content you post to the website or submit through the Service; and/or (iii) a claim that a Submission infringes third party intellectual property rights.

Claims Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of Arizona, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the state of Arizona, located in Phoenix, Arizona.

Disclaimer of Warranties THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH YourFamilyMemories’ WEBSITE OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YourFamilyMemories AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YourFamilyMemories MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE SERVICE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YourFamilyMemories AND ITS THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YourFamilyMemories OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL YourFamilyMemories NOR ITS THIRD PARTY PROVIDERSBE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF YourFamilyMemories HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, YourFamilyMemories’ SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT YourFamilyMemories AND ITS THIRD PARTY PROVIDERSARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO YourFamilyMemories, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. FURTHER, YourFamilyMemories WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF YourFamilyMemoriesAND ITS THIRD PARTY PROVIDERS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO $100 (US). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YourFamilyMemories HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BY SUBMITTING PHYSICAL MEDIA AND MATERIAL TO YourFamilyMemories, YOU REQUEST THE TRANSFER SERVICES DESCRIBED IN ANY ORDER ASSOCIATED THEREWITH. YOU AGREE THAT THE LIABILITY OF YourFamilyMemories, ITS THIRD PARTY PROVIDERS, AGENTS AND EMPLOYEES, FOR ANY LOSSES OR DAMAGES OF ANY KIND OR NATURE TO YOUR FILM, VIDEOTAPE, OPTICAL DISK, MEMORY CARD, PHOTO PRINT, NEGATIVE, SLIDE OR OTHER MATERIAL, IS LIMITED TO THE COST OF REPLACING SUCH MATERIAL WITH BLANK MEDIA, AND IS LIMITED TO $100. YOU ALSO AGREE THAT YourFamilyMemories, ITS THIRD PARTY PROVIDERS, AGENTS AND EMPLOYEES, SHALL NOT BE OTHERWISE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND OR NATURE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE.

Customer Policy for Idea Submission Many of our customers are interested in submitting ideas for products and services to be used at YourFamilyMemories, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission: Unsolicited ideas submitted to YourFamilyMemories, Inc. or any of its employees automatically become the property of YourFamilyMemories, Inc. By submitting unsolicited ideas to YourFamilyMemories, Inc., you automatically forfeit your right to the intellectual property of any of these ideas. If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to YourFamilyMemories, Inc. or its employees. Instead: Send a message to service@YourFamilyMemories.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by YourFamilyMemories in order to evaluate your concept(s).

Intellectual Property The systems, services, and products, or portions thereof that form part of the Service, are considered confidential and proprietary to YourFamilyMemories. You agree not to take any action that will interfere with or disrupt the Service. YourFamilyMemories will have the right to investigate and prosecute any violations of intellectual rights infringement and/or website security issues, to the fullest extent of the law. YourFamilyMemories may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that YourFamilyMemories has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

Miscellaneous We may assign our rights and responsibilities hereunder without notice to you. When you place an order, YourFamilyMemories will charge you for the entire amount of your order. YourFamilyMemories reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment. If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. These Terms constitute the entire agreement between you and YourFamilyMemories with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of YourFamilyMemories to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.