Terms and Conditions
BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (“TERMS”) BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT USE THIS WEBSITE, OR ANY PAGES THEREOF. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT MEMOIR MAGAZINE (THE “MAGAZINE”, “WE”, “OUR” OR “US”) AT info [at] memoirmag.com
General Use Restrictions
Memoir Magazine, or third parties granting rights to the Foundation, holds all right, title and interest in and to the information and content on this website (the “Website”). These materials, including, but not limited to, (i) the company names, trade names, logos and designs (“Trademarks”) owned by Memoir Magazine (including MEMOIR MAG); (ii) other trademarks appearing on the Website; and (iii) text, art prints and audio content, are protected by copyright, trademark and other intellectual property laws.
Just as we require users to respect our copyrights and trademarks, we respect the copyrights and trademarks of others. You may use such information and content and display and print out pages from this Website solely for your personal, non-commercial use, provided that any print-outs retain all copyright, trademark and other proprietary notices.
Except as expressly authorized herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the information or content on this Website in any manner. You are expressly prohibited from using or misusing any Trademarks, except as provided in these Terms, and nothing otherwise stated or implied on the Website confers on you any license or right to do so.
Without limiting the foregoing, the USE of the information AND content ON this Website ON ANY other website OR IN a networked computer environment FOR ANY purpose, OR ANY other republication OR redistribution of ANY such information AND content, including, without limitation, framing this Website, OR ANY of its pages, within another website, IS prohibited without our express prior written permission.
Memoir Magazine reserves the RIGHT TO AT ANY TIME, without notice, AND IN our sole discretion: (i) edit ANY comments you provide TO the Website IN response TO a blog posting (“Comments”); (ii) NOT include ANY such COMMENT ON the Website; (iii) remove SOME OR ALL of ANY such COMMENT FROM our servers, FROM the Website AND FROM ANY other form OR media; AND (iv) terminate your ability TO post Comments TO the Website.
Your Comments may NOT include ANY material that (a) defames, threatens, harasses, abuses OR slanders ANY person; (b) invades OR infringes ANY person’s rights of privacy OR publicity; (c) violates copyrights OR other intellectual property rights OR that IS otherwise unlawful; (d) IS sexually explicit OR obscene; (e) constitutes advertisements; OR (f) solicits business.
WHEN you provide a COMMENT TO the Website, you agree TO accept sole responsibility FOR, AND assume ALL liability (including FOR claims of infringement, libel AND slander) associated WITH, such COMMENT, including the information, statements, facts, AND material contained therein.
BY providing a COMMENT TO the Website, you GRANT us a world-wide, royalty free, perpetual, irrevocable, non-exclusive AND freely sublicenseable RIGHT AND license TO USE, reproduce, publish, translate, CREATE derivative works FROM, distribute, AND display your COMMENT anywhere, FOR ANY purpose, whether commercial OR non-commercial, AND IN ANY form, media OR technology now known OR later developed.
Third-Party Interaction and Links to Third-Party Websites
Opinions and other statements expressed by contributors are theirs alone and not opinions of Memoir Magazine. Content created by any contributor is the sole responsibility of the contributor and its accuracy and completeness are not guaranteed by Memoir Magazine.
Not all of the products described on this Website are available worldwide and we do not make any representation or warranty that you will be able to obtain the products described herein in your jurisdiction.
If any provision or portion of these Terms is held in whole or in part to be unenforceable for any reason, the remainder of that provision and the Terms will be severable and will remain in effect to the extent consistent with the intent of the Terms.
DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ANY INFORMATION OR CONTENT CONTAINED IN THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. WE, FOR OURSELVES AND ANY THIRD PARTY PROVIDING INFORMATION, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT, SERVICE OR CONTENT CONTAINED ON THIS WEBSITE AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND CONTENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED. CONTRIBUTORS, AND NOT MEMOIR MAGAZINE, ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY CONTRIBUTE TO THE WEBSITE.
WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (ii) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; OR (iii) DEFECTS WILL BE CORRECTED. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THIS WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THIS WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THIS WEBSITE, YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING FROM OR CONNECTED WITH THIS WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
You agree to indemnify, hold harmless and, at our option, defend Memoir Magazine and our officers, directors, employees, agents and representatives from any and all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms, your infringement of any intellectual property or other right of any person or entity, or any Comment you provided to the Website.
The Digital Millennium Copyright Act (“DMCA”) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, please notify this Website’s Designated Agent:
PO BOX # 2358
500 Westover Drive
Sanford, NC 27330
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(3)) before sending your claim.
Please do not send any other notices or communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
We may modify these Terms or the information or content on this Website without notice at any time, and such modifications shall be effective immediately upon posting of the modified Terms, information or content on this Website. You agree to review these Terms periodically to be aware of such modifications and your continued access or use of this Website shall be deemed your conclusive acceptance of the modified Terms.
Governing Law and Choice of Forum
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without giving effect to its principles or rules of conflicts of laws to the extent such principles or rules are not mandatorily applicable by statute and would require or permit the application of the laws of another jurisdiction. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms shall be filed only in the federal court located in the District of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Last modified as of February 21, 2018.