Terms and Conditions

My Memory Tree: Terms of Use

Introduction

1. The My Memory Tree website (the Site) is owned and operated by My Memory Tree Limited, a company registered in England and Wales with company number of 10434596 and registered office at 66 Haven Way, Newhaven, BN9 9TD (My Memory Tree, we, us). By using the Site you agree to be bound by these terms (the Terms) together with the privacy & cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy & Cookie Policy, do not use the Site. If you have any questions, you can contact us at [info@mymemorytree.com ].

2. We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. Updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

Sign-up

3. To register and use this Site you must be at least 13 years old and legally able to enter into a contract in the United Kingdom. You may not register and/or use the Site if you are a prison inmate, or a registered sex offender. If you wish to use the Site for business use, please first contact us at [info@mymemorytree.com ].

4. You are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your login details. You must not allow any third party to access the Site through your login details. Please take precautions to protect your login details and contact us immediately at [support@mymemorytree ] if you believe there has been any unauthorized use of your log in details.

Use of the Site

5. When you use the Site you must comply with all applicable laws and regulations. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) use the Site in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the Site; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site.

User Images

6. The Site enables you to upload images to the Site (User Images), catalogue your User Images, share your User Images with other users and print your User Images.

7. You agree that User Images must comply with all applicable laws and regulations and in particular (a) you must own the copyright in the User Image, or you have the permission of the copyright owner to upload the User Image. We may ask you for evidence of compliance with this requirement at any time; (b) none of the individuals included in the User Image has objected to use of the User Image on My Memory Tree and you must promptly remove such User Image if any such objection is raised after the User Image has been uploaded; and (c) the User Images must not contain nudity, or content that is of a sexual or violent nature or otherwise obscene or offensive.

8. All users and visitors to the Site acknowledge and agree that My Memory Tree is not responsible for and accepts no liability for User Images. We accept no obligation to screen or monitor any User Images. However, we do reserve the right to screen and remove any User Images without notice, for any reason and at any time.

9. We take reasonable steps to safeguard User Images. However we cannot ensure that your User Images will always remain secure. You acknowledge that the Site may be subject to breaches of security that w cannot reasonably be expected to guard against, manage and/or avoid. You therefore agree that your user Images shall be backed up on your own system.

My Memory Tree Content

10. The copyright in all material contained in the Site including all information, data, text, images, and all source code and other software is owned by or licensed to My Memory Tree (Our Content). All rights are reserved. You can view, print or download extracts of Our Content for your own internal business purposes, use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.

11. If you believe any of Our Content and/or User Images infringes your copyrights, you may submit a notice to us including the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing; (d) information reasonably sufficient to enable us to contact you, including your name, email and/or postal address; (e) a statement that you have, in good faith, a belief that use of the material on the Site is not authorised by the copyright owner, its agent and/or the law; and (f) a statement that the information in the notice is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to third party content

12. The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

13. We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not My Memory Tree, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser. You agree that if you provide any personal data to any such advertiser, the privacy policy of that advertiser shall apply to their use of your personal data.

Liability and disclaimer – Your attention is particularly drawn to this section

14. The Site and Our Content are provided on an “as is” basis. To the maximum extent permitted by law (a) all implied warranties, terms and conditions relating to the Site, Our Content and User Images (whether implied by statute, common law or otherwise), including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded; and (b) My Memory Tree disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the Site including Our Content and User Images.

15. My Memory Tree will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the Site, for any (a) economic loss including loss of revenues, profits, contracts, business or anticipated savings; (b) loss of reputation; (c) loss of data or content, including User Images uploaded by a user or otherwise accessed by another user; and/or (d) special or indirect or consequential loss even if advised of the possibility of such losses. To the extent that My Memory Tree is liable to you under these Terms or otherwise under applicable laws that cannot lawfully be excluded, the maximum liability shall be £50. Your statutory rights as a consumer are unaffected.

Availability

16. There may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall have no liability for any such interruptions.

17. We reserve the right to remove any content or features from the Site for any reason, without prior notice and/or to suspend or cease providing any services relating to the Site without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

Termination

18. Without prejudice to any other rights or remedies available to use, we may suspend or delete your My Memory Tree account if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.

19. If we delete your My Memory Tree account (a) you must cease to use the Site; (b) you may not re-register under a different name; and (c) you acknowledge that your User Images may be deleted within 3 months after the date we delete your account.

General

22. In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

21. These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement between you and My Memory Tree concerning your use of the Site. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

22. You consent to receive all communications including notices and other information from My Memory Tree electronically. My Memory Tree may provide all such communications by email, text or by posting them on the Site. In accordance with the Privacy & Cookie Policy, you can choose to no longer receive marketing emails from us by notifying us at [media@mymemorytree.com ] or within your account on the Site. However, we will retain your personal information whilst your My Memory Tree account remains live.

23. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr.

24. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: October 2017