terms of use

 

TERMS OF USE OF THE talkingmemories WEBSITE AND SERVICES

IMPORTANT – PLEASE READ THE FOLLOWING CAREFULLY:

BY MARKING THE "REGISTER" BOX, AND BY CLICKING "REGISTER", OR BY PURCHASING ONE OR MORE OF THE talkingmemories SERVICES PROVIDED IN THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE DISCLAIMER OF WARRANTY, LIMITATIONS OF LIABILITY AND PRIVACY POLICY, AND YOU AGREE NOT TO USE THE talkingmemories WEBSITE AND THE talkingmemories SERVICES FOR ANY UNLAWFUL PURPOSE, FOR ANY PURPOSE PROHIBITED BY THESE TERMS OF USE OR FOR ANY PURPOSE WHICH IS INCONSISTENT WITH THE ACTIVITIES AND VALUES OF talkingmemories OR OF ITS USERS.

IF YOU DO NOT AGREE TO THESE TERMS OF USE AND/OR TO THE PRIVACY POLICY, OR TO ANY PART THEREOF, PLEASE DO NOT USE THE talklingmemories SERVICES IN ANY WAY AND EXIT NOW.

In order to open an account and to use the website`s services, you must be over the age of 18. By opening an account at the website, you declare that you are at least 18 years old, that you agree to these Terms of Use and that you bear the sole responsibility for maintaining the confidentiality of your account information and for any actions performed under your user name and password.

The company reserves the right to modify the Terms of Use from time to time, without a prior notification. Therefore, please review the Terms of Use from time to time in order to be aware of modifications.

IN THESE TERMS OF USE:

“talkingmemories Website” or "the website" – website hosted at http://www.talkingmemories.com, including all its pages, computer software and, as applicable, associated media, printed materials, and “online” or electronic documentation.

“talkingmemories services” - any services available through the use of the talkingmemories website.

“The company” - Talking Medias LLC.

“Personal documentation” – any information and material (including, but not limited to, audio, video, photos) which will be produced and recorded by the user by using the website`s services regarding ones personal history, memoirs, special events etc.

“Material” – any material, including but not limited to, any data, text, image, picture, photo, audiovisual material or any computer software; Including materials defined as "public" or as "private", if not mentioned otherwise.

PERSONAL USE ONLY

The use of the website and its services is allowed for personal use only. Any commercial use of the talkingmemories website, or part of it, of any of the talkingmemories services or of any material publishes in any way through the website or accessed in any way through the use of the website – is strictly prohibited.

PURPOSES OF THE WEBSITE

The website offers unique services for producing and recording three different personal documentations, by using audio, video and photos:

1) A personal documentation of the user`s life story and memoirs;

2) Children’s Diary - Documentation of children, from the early stages as far as from the womb, by documenting their growth over the years;

3) Documentation of Special Events (e.g: weddings, birth of a child, anniversary celebrations, etc.).

These documentations, once produced and recorded by using the website`s services, are stored in the website and each user may share his personal documentation with his family and friends through the website, or by ordering a CD of the documentation, or by emailing a link to the personal documentation to a list which the user will provide for the website`s operators.

WHEN USING THE WEBSITE AND ITS SERVICES THE USERS ARE NOT ALLOWED TO:

• Upload, transmit, record, produce or display in any other way, directly or indirectly, any false or inaccurate information regarding the user`s and/or any third party`s personal details or information.

• Upload, transmit, record, produce or display in any other way, directly or indirectly, any information and/or content (including text, video, photo, audio files) which may be offensive, harassing, harmful, abusive, hateful, obscene, vulgar and/or which infringes a third party`s privacy or publicity rights.

• Upload, transmit, record, produce or display in any other way, directly or indirectly, any information which infringes third party`s intellectual property rights, including trademarks, copyrights, etc.

• Upload, transmit, record, produce or display in any other way, directly or indirectly, personal information concerning other people (including any audiovisual materials comprising images, voices, names or any other personal information regarding other people) without their explicit consent.

• Upload, transmit, record, produce or display in any other way, directly or indirectly, any material or information concerning a minor unless the user is authorized to do this as the parent or official guardian of that minor and provided that the publication of the material regarding said minor is lawful.

• Post on the website or send to other users any spam, junk mail, chain letters etc.

• Print, download, distribute or use in any other way any material posted on the website by the company, if the user knows or should reasonably know that such use of the said material is forbidden by any law or by these Terms of Use, or can harm any person in any way.

• Obtain or attempt to obtain in any way any information or material which is not intended to be publicly available on the website.

• Perform any action in order to interrupt or limit in any way the function of the website and its services.

• Perform any action which is not explicitly permitted by the company.

• Upload on the website any material containing software viruses or any other computer code, files or programs which may disrupt or destroy any computer software or hardware.

THE USE OF THE WEBSITE - GENERAL

• The company is not obliged to check the contents of any material recorded, displayed and/or produced by any of the website`s users, including their accuracy, authenticity, timeliness and validity. The company shall have no responsibility for the content of the materials recorded, displayed and/or produced by using the website`s services by users.

• However, the company has the right to refuse, on its sole discretion, to supply the website`s services (fully or partially), to the website`s users and or to remove, on its sole discretion, any material recorded, displayed and/or produced by using the website`s services, if at the sole discretion of the company, is in contravention of the law or of these Terms of Use.

• Each user which will choose to create a personal documentation of the user`s life story and memoirs, will have a time period of three months to produce and finish his/her documentation. Within this time period, the users may edit, change and/ or remove any part of his documentation. Thereafter, the user will be able to perform any change, editing, addition or removal of content from the documentation at a period of one month at a time only, for an additional payment to the website for each month.

• Once the personal documentation is finalized, the user will be able to share his/her personal documentation with his/her family and friends, by one or more of the following options:

a) Providing the company a list of e-mail addresses for which the user wishes the company to send a direct link to your personal documentation.

b) Ordering a CD of the personal documentation.

c) “Burning” the user`s personal documentation onto a CD by himself.

REGISTRATION IN ORDER TO USE THE WEBSITE

• In order to use the website`s services, each user will be asked to pay a fee (the fees will be posted on the website) and to accept these Terms of Use.

• A payment for purchasing the website`s services is made through third party services (PayPal Company) and not by the company. The company has no control whatsoever over any transactions carried out through the use of the PayPal services. Please review PayPal's User Terms of Use before carrying out the transaction. A purchase of the website`s services is subject to the acceptance of the payment made by the user at PayPal and to the receipt of PayPal's notice at the company that the money has been received by PayPal.

• After the payment, each user will receive/select a username and a password, needed to perform all necessary actions in order to produce his personal documentation, including to record materials, to upload audio/video materials and photos, to edit/change/remove/add any materials.

• The user`s susername and password are confidential and are for his/her personal use only. The company will not be liable for any loss, change, removal of information and/or for violation of privacy in the event that the user reveals his/her username and password to others.

• The company has the right to refuse to accept or to terminate a user`s account of any person for any reason, without any notice and without refund of any payment made by the user to the company, at its sole discretion.

THE COMPANY`S RIGHTS

The company and/or its directors are the sole owners of all IP rights in the website, including, but not limited to, copyrights, trademarks (including unregistered), database rights, throughout the world, and the company has the right to sue for its infringement. The above said does not apply to the rights in the materials produced and or recorded by the website`s users when using the website`s services.

DISCLAIMER OF WARRANTIES

THE COMPANY IS NOT OBLIGED TO CHECK THE CONTENTS OF ANY MATERIAL CREATED AND/OR USED BY THE USERS, AND THE COMPANY CANNOT GUARANTY THAT ALL THE USERS OF THE WEBSITE FULFIIL THE REQUIREMENTS OF THESE TERMS OF USE. THEREFORE, THE COMPANY GIVES NO ASSURANCE WHATSOEVER REGARDING THE CONTENT, THE CORRECTNESS, THE RELIABILITY, THE ACCURACY AND/OR THE LEGALITY OF THE MATERIALS CREATED AND/OR USED THROUGH THE WEBSITE BY ITS USERS. IN NO EVENT SHOULD THE AVAILABILITY OF SUCH INFORMATION AND MATERIALS BE CONSTRUED AS AN INDICATION THAT THEY HAVE BEEN VALIDATED BY THE COMPANY. THE COMPANY HAS NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT OF THE MATERIALS CREATED AND/OR USED THROUGH THE WEBSITE OR SENT TO OTHERS, BY ANY PERSON, INCLUDING BY PERSONS UNDER THE AGE OF 18. THE COMPANY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR ANY VIOLATION OF ANY RIGHT, INCLUDING COPYRIGHT, TRADEMARKS, PRIVACY OR PUBLICITY RIGHT, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, CONDUCTED BY USERS OF THE WEBSITE THROUGH THEIR USE OF THE WEBSITE`S SERVICES.

THE COMPANY DISCLAIMS ANY WARRANTY WHATSOEVER THAT THE USE OF THE WEBSITE IS ALWAYS AVAILABLE, UNINTERRUPTED, SECURE AND MEETS THE USER`S EXPECTATIONS OR REQUIREMENTS.

THE COMPNAY HAS NO RESPONSIBILITY FOR ANY DAMAGE RESULTING FROM ACCESSING, DOWNLOADING OR RELYING ON ANY MATERIAL OR INFORMATION POSTED ON THE WEBSITE.

THE USER AGREES TO ACCEPT THE SOLE RESPONSIBILITY FOR ANY DAMAGES RESULTED FROM LOSS, ALTERATION, FAILURE TO STORE, FAILURE TO DISPLAY OR DELAY IN DISPLAYING, OR INTERRUPTION OF ANY MATERIAL POSTED ON THE WEBSITE BY THE USER OR BY OTHER USERS OR SENT BY THE USER TO ANY OTHER PERSON THROUGH THE USE OF THE WEBSITE`S SERVICES IN ANY WAY. THE USER IS RESPONSIBLE TO MAKE SURE THAT ALL INFORMATION AND MATERIALS THAT HE/SHE REQUIRE ARE PROPERLY BACKED UP.

THE USER AGREES TO ACCEPT THE SOLE RESPONSIBILITY FOR ANY DAMAGE TO HIS/HER COMPUTER AND FOR LOSS OF ANY DATA OR INFORMATION RESULTED FROM THE USE OF THE WEBSITE.

PLEASE UNDERSTAND THAT ALL THE MATERIALS USED BY THE USER FOR HIS/HER DOCUMENTATION ON THE WEBSITE, INCLUDING MATERIALS DEFINED BY THE USER AS “PRIVATE”, MIGHT POTENTIALLY BE PUBLICALLY ACCESSIBLE. WHEN CHOOSING TO USE PERSONAL MATERIAL OR INFORMATION ABOUT THE USER OR HIS/HER FAMILY THROUGH THE WEBSITE, PLEASE BEAR IN MIND THAT THIRD PARTIES CAN POTENTIALLY USE THIS INFORMATION IN ANY WAY, WITHOUT THE USER`S AUTHORAZOTIN OR CONSENT.

PLEASE NOTE THAT ONCE THE USER DECIDES TO SHARE HIS/HER PERSONAL DOCUMANTATION WITH OTHERS (INCLUDING FAMILY AND FRIENDS), EITHER BY EMAIL OR BY SENDING THEM A CD, THE USER`S PERSONAL DOCUMENTATION AND INFORMATION MAY BE EXPOSED TO THIRD PARTIESAND BE MADE PUBLIC, AND ARE NO LONGER PRIVATE. IN SUCH AN EVENT, THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY USE OF THE USER`S PERSONAL INFORMATION, FULLY OR PARTIALLY, WHICH WAS CONDUCTED WITH OR WITHOUT HIS/HER PERMISSION BY ANY THIRD PARTY, AS WELL AS FOR ANY DAMAGES RESULTED TO THE USER FROM THE SAID USE.

THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY USE OF THE USER`S PERSONAL INFORMATION OF ANY KIND, CREATED AND/OR USED BY THE USERS THROUGHT THE WEBSITE, BY ANY PERSON (INCLUDING MAKING THE SAID INFORMATION AVAILABLE TO THE PUBLIC IN ANY WAY), AS WELL AS FOR ANY DAMAGES RESULTED TO THE USER FROM THE SAID USE.

THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR PROTECTION OF ELECTRONIC MAIL OR ANY OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER THAT THE USER MAY USE.

THE COMPANY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR ANY ACTIONS BY ANY THIRD PARTY RESULTED FROM THE USE OF THE WEBSITE AND FOR ANY DAMAGES CAUSED BY SUCH ACTIONS.

THE USE OF THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW.

THE COMPANY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT AND/OR INFORMATION THAT WILL BE PUBLISHED BY ANY THIRD PARTYREGARDING THE WEBSITE AND ITS SERVICES.

LIMITATION OF LIABILITY

THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL, MULTIPLIED, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES RESULTING FROM (i) LOSS OF INFORMATION AND MATERIALS AND/OR DELAYS, WHICH WILL RESULT IN FAILURES OF THE COMPUTER SYSTEM, OR (ii) USE, MISUSE OR RELIANCE ON THE WEBSITE`S SERVICES, FROM ANY DIFICIENCY, FAILURE, DELAY, ERROR OR INTERUPTION IN THE SERVICE OR FROM TERMINATION OF THE SERVICE FOR ANY REASON OR (iii) LOSS, ALTERATION, FAILURE TO STORE, FAILURE TO DISPLAY OR DELAY IN DISPLAYING, OR INTERRUPTION OF ANY MATERIAL PRODUCED OR RECORDED BY THE USER BY USING THE WEBSITE`S SERVICES , OR (iv) ANY DAMAGES WHATSOEVER TO THE USER`S COMPOUTER AND FOR LOSS OF ANY DATA OR INFORMATION STORED IN THE USER`S COMPUTER, RESULTED FROM THE USE OF THE WEBSITE , OR (v) A VIOLATION OF ANY RIGHT, INCLUDING COPYRIGHT, TRADEMARKS, PRIVACY OR PUBLICITY RIGHT, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, CONDUCTED BY USERS OF THE WEBSITE THROUGH THEIR USE OF THE WEBSITE`S SERVICES (vi) ACCESSING, DOWNLOADING OR RELYING ON ANY MATERIAL OR INFORMATION POSTED ON THE WEBSITE, OR (vii) ANY PUBLICATION OR USE OF THE USER`S PERSONAL INFORMATION OF ANY KIND, CREATED AND/OR USED BY THE USER THROUGHT THE WEBSITE, BY ANY PERSON (INCLUDING MAKING THE SAID INFORMATION AVAILABLE TO THE PUBLIC IN ANY WAY), AS WELL AS FOR ANY DAMAGES RESULTED TO THE USER FROM THE SAID USE , OR (vii) FOR FAILURE OF PROTECTION OF ELECTRONIC MAIL OR ANY OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER THAT THE USER MAY USE.

THE USER`S SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, UNSUTABILITY, OR ANY OTHER PROBLEM IN THE SERVIC, OR FOR ANY OTHER CAUSE WHATSOEVER, SHALL BE TO REQUEST THAT THE COMPANY CORRCETS THE MATTER OR, IF THE COMPANY FILAS TO DO SO, TO DISCONTINUE USE OF THE SERVICE.

INDEMNITY BY USER

By using the website`s services the user hereby undertakes to indemnify the company and its officials, directors, employees, agents and consultants, and any relevant third party, for any claims, losses, liabilities, costs and expenses, including attorneys' fees, arising from the user`s use of the website`s services or from the violation of these terms, including, but not limited to, any claim regarding any material recorded and/or produced by the user through the website`s services and any claim regarding the user`s actions connected in any way to the user`s use of the website.

JURISDICTION

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Delaware. Conflicts regarding the use of the website`s services and these Terms of Use shall be adjudicated by the competent Courts in the State of Delaware.

SPECIAL NOTE REGARDING SPAM

You may not use this website to send any product, whether a documentary, diary, greeting or message (private or corporate) to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Talking Medias LLC reserves the right to limit, in its sole discretion and without prior notice to you, the number of documentaries, diaries, greetings or messages that you may send using the Site and/or the number of recipients to which you send such products. You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms of Use.

You confirm that you have read the Terms of Use above and that you agree to be bound by all the Terms of Use stated above and by our Privacy Policy.