The Memento.com website is an application to record, make, and preserve memories through its group video technology. It is provided to you by Punchbowl, Inc. (“us” or “we” or “our” or “the Company”), in connection with our partners, service providers, sponsors, or other affiliates. So that we may safely and responsibly manage this site for all of our users, your use of this site is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Service” apply to your use of the services and functionality provided on or through Memento.com (the “Services”).
By accessing and using the website at https://www.memento.com, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
a. Permission is granted to temporarily download one copy of the materials (information or software) on Memento.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Memento.com;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. As a Memento.com account holder or user who is invited to contribute to a Group Video, you may submit "Content" to the Service, including videos, images, and text.
b. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
c. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to us, you hereby grant the Company 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 and our (and our successors') business. 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, that we may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
d. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
e. You further agree that you will not submit to the Service any Content or other material that is contrary to our guidelines. Our guidelines are based upon YouTube's community guidelines, currently found at https://www.youtube.ca/t/community_guidelines. In brief, the guidelines can be summarized as follows:
We reserve the right to remove any content deemed contrary to these guidelines and to suspend users who repeatedly violate these guidelines from using the Services.
f. We do not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
a. The materials on the Memento.com website are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Memento.com website, even if we or our authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on the Memento.com website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website are accurate, complete or current. We may make changes to the materials contained on the website at any time without notice. However we do not make any commitment to update the materials.
The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.
We may revise these Terms of Service at any time without notice. By using this website you agree to be bound by the then current version of these Terms of Service.
These terms and conditions are governed by and construed in accordance with the laws of the province of Ontario, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.