Terms & Conditions

  1. Applicability & Acceptance of These Terms of Use
    • By viewing, using, accessing, browsing, or submitting any content or material on or to this site, you agree to these Terms of Use as a binding legal agreement between you and MemorySquare, Inc. without limitation or qualification. The term "you" or "You" shall refer to any person or entity, which views, uses, accesses, browses or submits any content or material to this site.
    • If you do not agree to these Terms of Use, then you may not use this site. MemorySquare, Inc. reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to this site shall be subject to the then-current Terms of Use, and continued use of the site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
  2. User License
    • MemorySquare, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to view this site and to download, integrate via authorized social media application, email, or print individual pages of this site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from this site, except as specifically noted above.
    • Except as specifically authorized by MemorySquare, Inc. you may not deep-link to this site for any purpose or access this site with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of this site or any information, content, or material on this site. MemorySquare, Inc. reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of this site or any content contained therein, whether in whole or in part. Any rights not expressly granted herein are reserved.

    • User Conduct. You agree that your use of this site and/or services on this site is subject to all applicable local, state, national and international laws and regulations. You also agree:
      • to comply with US law and local laws or rules regarding online conduct and acceptable material, and regarding the transmission of technical data exported through the site or any service provided by MemorySquare, Inc. from the US or the country in which you reside;
      • not to host, submit content to or use the site or its services without the consent of a parent, guardian or educational supervisor if you are under the age of 13 (a "Minor");
      • not to use the site for illegal purposes;
      • not to commit any acts of infringement on the site or with respect to content on the site;
      • not to use the site to engage in commercial activities;
      • not copy any content, including death notices, photos, or videotributes for republication in any other newspaper or other publication, whether in print or on-line;
      • not to create or maintain a guest book, videotribute, memorial webpage or memorial website for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the site, including but not limited to acquiring, designating, or choosing a website name or title, or website address or URL for resale or rental, depriving any family member or friend of a deceased person from establishing or using a service in that person's name, and linking to any commercial or other website from a guest book, videotribute, memorial website, memorial webpage obituary or death notice, or any life story;
      • not to attempt to gain unauthorized access to other computer systems from or through the site;
      • not to interfere with another person's use and enjoyment of the site or another entity's use an enjoyment of the site;
      • not to use the site for chain letters, junk mail, spamming, or use of distribution lists;
      • not to upload or transmits viruses or other harmful, disruptive or destructive files;
      • not to disrupt, interfere with, or otherwise harm or violate the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through this site or affiliated or linked sites (including those of our Affiliate Newspapers),
    • Harm from Commercial Use. You agree that the consequences of commercial use or re-publication may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy.
  3. Site Content
    • Nature of User Material. Some of the services offered by MemorySquare, Inc. on this site allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material to the site (collectively, "Submit"), including, but not limited to, images, information, articles, illustrations, lyrics, photos, audio files, poems, videos, or text (collectively, "Material") for a VideoTribute, Life Story, Obituary Information, Memorial Website, or photo. You agree not to Submit any Material that:
      • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
      • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
      • unfairly interferes with any third party's uninterrupted use and enjoyment of this Site;
      • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
      • is intended primarily to promote a cause or movement, whether political, religious or other;
      • contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content;
      • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
      • discloses any personal identifying information relating to or images of a Minor without consent of a parent, guardian or educational supervisor;
      • infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
      • contains viruses or other harmful, disruptive or destructive files;
      • harms or is inappropriate for minors to view;
      • links to any commercial or other website;
      • exceeds five (5) minutes/300 seconds in length or duration when played on the site;
      • Is not otherwise in compliance with these Terms of Use.
    • User Representations and Warranties. Each time you submit material to this site, you represent and warrant that you have the right to submit the material to this site, which means:
      • you are the author of the material, or
      • the material is not protected by copyright law, or
      • you have express permission from the copyright owner to post the material on this site; and
      • you have the right to grant MemorySquare, Inc. the license set out in these Terms of Use; and
      • The material you submit does not violate these Terms of Use.
    • User License Grant to MemorySquare, Inc. You grant MemorySquare, Inc. its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all material you provide to MemorySquare, Inc. in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize MemorySquare, Inc. to include the material you provide in a searchable format that may be accessed by users of this site and other websites. You also grant MemorySquare, Inc. and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction or distribution of such material. You also grant MemorySquare, Inc. the right to use the material and any facts, ideas, concepts, know-how or techniques ("Information") contained in any material or communication you send to us for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of this site and our services of making material you provide us available to third parties, and without the need for additional compensation of any sort to you. MemorySquare, Inc. does not claim ownership of material you submit to the site.
    • Disclaimer of Responsibility for Material. You acknowledge and agree that MemorySquare, Inc. does not control the material submitted to the comment entries, videotributes, memorial websites, obituaries, webpages, or any other services permitting user-generated material or content, and disclaims any responsibility for such material. MemorySquare, Inc. specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any comment entry, videotribute, memorial website, memorial webpage, Obituary, or other material. In addition, MemorySquare, Inc. does not represent or warrant that any other content or information accessible via this site is accurate, complete, or current. Price and availability information is subject to change without notice. MemorySquare, Inc. assumes no responsibility or liability for any errors or omissions in the content of this site.
    • Review & Removal of Material.
      • MemorySquare, Inc. reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any comment, videotributes, photos, memorial websites, memorial webpage or any material that MemorySquare, Inc. believes, in its absolute and sole discretion, may violate Sections 2(b), 3(a), or 3(b) above. MemorySquare, Inc. also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any comment, videotributes, photos, memorial websites, memorial webpage or material on the site for any reason or no reason whatsoever, in its absolute and sole discretion. In cases in which payment has been made for a memorysquare, videotribute or other content or service that has been removed for reasons other than a breach of 2(b), 3(a) or 3(b) above, MemorySquare, Inc. will issue a full refund.
      • The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material hosted by this site infringes your copyright, you (or your agent) may send MemorySquare, Inc. a notice requesting that the site content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient time to allow MemorySquare, Inc. to locate the content or material on the site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the site should be sent to MemorySquare, Inc. P.O. Box 211, Hartselle, AL, 35640. MemorySquare, Inc. suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
    • Proprietary Rights. You acknowledge and agree that this site contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of MemorySquare, Inc. All Site design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the site are ©2016 MemorySquare, Inc. All Rights Reserved.
  4. Termination and Modifications to Site
    • MemorySquare, Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, this site and/or services offered on or through the site (or any part thereof), including but not limited to the site's features, look and feel, and functional elements and services relating to memorysquares, comment sections, videotributes, obituaries, memorial websites, memorial webpages and other services provided by MemorySquare, Inc.
  5. Indemnity
    • You agree to indemnify and hold MemorySquare, Inc. its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential, including reasonable attorneys' fees, made by anyone in connection with your use of this site, with material or Information you submit on or through this site, with any alleged infringement of intellectual property or other right of any person or entity relating to the site, your violation of these Terms of Use, and any other acts or omissions relating to this site.
  6. Disclaimer of Warranties
    • THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED ON THIS SITE (WHETHER PROVIDED BY MEMORYSQUARE, INC.YOU, OTHER USERS, AFFILIATE NEWSPAPERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMORYSQUARE, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  7. Limitation of Liability
    • IN NO EVENT SHALL MEMORYSQUARE, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MEMORYSQUARE, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON, THIS SITE. MEMORYSQUARE, INC. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THIS SITE. MEMORYSQUARE, INC. ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THIS SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, OR INACCURACY CONTAINED THEREIN. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MEMORYSQUARE, INC. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MEMORYSQUARE, INC. IF ANY, OR (B) $100 (WHICHEVER IS LESS).
    • YOU AND MEMORYSQUARE, INC. AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MEMORYSQUARE, INC.AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
    • IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN SECTION 7(A) ABOVE.
  8. Cancellation, Termination, Transfer, and Expiration of Account or Services
    • You may cancel or terminate your password, account and/or use of any service provided on or through this site, with or without cause at any time, upon providing written notice to MemorySquare, Inc. If you cancel or terminate your account or any services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or service immediately ceases. Your notice to MemorySquare, Inc. of cancellation or termination must be sent via email or conventional mail to MemorySquare, Inc. address as set forth in these Terms of Use.
    • MemorySquare, Inc. in its sole and absolute discretion, and at any time and with or without prior notice to you. may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any services provided on or through this site for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, MemorySquare, Inc. resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or MemorySquare, Inc. belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. In the event of a dispute or conflict among, or complaint from, users of the site about another's right to establish, use, or maintain an account or service on the site, MemorySquare, Inc. reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.
    • Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through this site, you will have no right to any material or Information you submitted, and MemorySquare, Inc. may temporarily or permanently block access to, remove, deactivate, delete, and discard all such material or information contained therein (including but not limited to any comment entry, videotribute, memorial website, memorial webpage, obituary, photos. MemorySquare, Inc. accepts no liability for removed or deleted material or information. In addition, any contracts (verbal, written, or assumed) with respect to your account, material or information you submit, and/or use of any service on the site, will be terminated at MemorySquare, Inc. discretion. You agree that MemorySquare, Inc. shall not be liable to you or any third-party for any termination of your access to any service.
    • Upon suspension, cancellation, or termination of your account or your use of any service provided on or through this site (for whatever reason), there shall be no refund of money you paid to MemorySquare, Inc. In connection with the following terms shall also apply:
      • The creator and manager of a memorial website shall be known as the "Account Holder."
      • In the event that an account holder is unwilling or unable to continue to serve as account holder, said account holder may notify MemorySquare, Inc. in writing of his/her intention to cease serving as account holder and to appoint a new account holder. MemorySquare, Inc. may (but is not obligated) to inquire in writing whether an account holder intends to continue to serve as account holder. If the account holder does not appoint a new account holder, MemorySquare, Inc. at its discretion, at any time, may archive the memorial website until such time as a new account holder requests permission to become the account holder.
      • MemorySquare, Inc. does not screen and is not otherwise obligated to screen material posted to a memorial website. MemorySquare, Inc. reserves the right, however, to remove any material posted to a memorial website if said material does not otherwise comport with these Terms of Use.
  9. Permanence of Material
    • Subject to its suspension, cancellation, and termination rights and rights to remove material, MemorySquare, Inc. represents that each memorysquare and videotribute sponsored as "permanent" will remain on this site for the duration of MemorySquare, Inc. existence, and that each memorysquare and videotribute sponsored as "one year" will remain on this site for one year from the date of sponsorship, unless: (a) this site ceases to exist in whole or in part during the relevant period; or (b) acts or events beyond the reasonable control of MemorySquare, Inc. cause a deletion, loss of data, failure to store, or other interruption in or termination of the availability of the site or a memorysquare and/or videotribute that you sponsored, or any other service to which you subscribed. You may at any time ask MemorySquare, Inc. to delete without charge a memorysquare and/or videotribute or other service that you sponsored or purchased.
  10. Minors
    • The consent of a parent, guardian or educational supervisor shall be required before a minor can use the site. Use of any part of the site is confirmation that the person is an adult or a minor who has received permission from a parent, guardian or educational supervisor to use the site. A parent, guardian or educational supervisor will be responsible for any activities of a minor on the site regardless of whether the minor has received permission from the parent, guardian or educational supervisor to use the site.
    • Pursuant to 47 U.S.C. Section 230 et seq, as amended, MemorySquare, Inc. hereby notifies you that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting material that is harmful to minors. Information identifying current providers of such protections is available at the web site America Links Up (http://kids.getnetwise.org/americalinksup/index2.html)
  11. Your account, password, and security
    • Some services offered on the site (such as the creation of a Memorysquare, VideoTribute, Memorial Websites, or other service may require you to register and/or create an account with MemorySquare, Inc. During this process, you must select an account designation and password and provide certain personal information to MemorySquare, Inc. including a valid email address. In consideration of the use of MemorySquare, Inc. services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MemorySquare, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MemorySquare, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
    • You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify MemorySquare, Inc. of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. MemorySquare, Inc. will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
  12. Links and Farming
    • As a courtesy to you, this site may offer links to other websites. Some of these websites may be affiliated with MemorySquare, Inc. while others are not. MemorySquare, Inc. is not responsible for the contents of any website pages created and maintained by organizations independent of MemorySquare, Inc. visiting any such third-party website pages is at your own risk. MemorySquare, Inc. has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by MemorySquare, Inc. By using this site you acknowledge that MemorySquare, Inc. is responsible neither for the availability of, nor the content located on or through any third-party website pages.
  13. Trademarks
    • MEMORYSQUARE, INC.® are registered trademarks of MemorySquare, Inc, is a common law trademark of MemorySquare, Inc Such trademarks and other marks, logos, and names of MemorySquare, Inc. used on or in connection with this site may not be used in connection with any product or service that is not under MemorySquare, Inc. ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MemorySquare, Inc. All other trademarks not owned by MemorySquare, Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MemorySquare, Inc. or its affiliates.
  14. Consideration
    • You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of this site and receipt or use of data, content, products, services, material and information available at or through this site, the possibility of our review, use or display of your user-generated content, and the possibility of publicity and promotion from our review, use or display of your user-generated content.
  15. Third Party Software
    • If you elect to download or access any third party software that MemorySquare, Inc. makes available in connection with the site, you understand that you may have to agree to that third party provider's terms of use or license before you use such software. You also agree that the use of any third party software or content obtained in connection with the services provided on the site does not transfer to you any rights, title or interest in or to such software or content, and you agree that you will not use any such software except as expressly authorized under that third party provider's terms of use or license agreement. By downloading software made available through the site you are deemed to agree to the third party provider's terms of use or license agreement, the terms of which are incorporated by reference herein for the benefit of such third party providers. If you do not agree to the third party's terms of use or license agreement, do not download its software.
  16. Jurisdiction, Applicable Law, and Limitations
    • This site is created and controlled by MemorySquare, Inc. in the State of Alabama, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Alabama, without regard to its conflicts of law provisions. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. MemorySquare, Inc. makes no claims or assurances that the site is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the site must be filed in a federal or state court located in Decatur, AL, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
  17. General
    • Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
    • Entire Agreement. Except as expressly provided in a particular "Legal Notice" or other notice on particular pages of the site, these Terms of Use, which hereby incorporate by reference the terms of MemorySquare, Inc. and Privacy Policies, constitute the entire agreement between you and MemorySquare, Inc. superseding all prior agreements regarding this site.
    • No Waiver. The failure of MemorySquare, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
    • Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
    • Contact MemorySquare, Inc. For purposes of providing notice of cancellation or termination, contact MemorySquare, Inc. at Contact Us.
  1. What This Privacy Policy Covers
    • This Privacy Policy covers how MemorySquare, Inc. (collectively, "MemorySquare, Inc.", "we", "us", or "our") and all of its associated Web sites, products, and services (collectively, the "Services") treats user or personally identifiable information that the Services collect and receive. If, however, you are accessing this Privacy Policy from a Web site operated in conjunction with one of our affiliates ("Affiliates"), the privacy policy of the Affiliate will govern unless such policy states otherwise.
    • Subject to the above, this Privacy Policy does not apply to the practices of companies that MemorySquare, Inc. does not own, operate, and control people that it does not employ or manage.
  2. General
    • In general, you can visit the site without telling us who you are or revealing any information about yourself. MemorySquare, Inc. does not collect personally identifiable information about individuals, except when specifically and knowingly provided by such individuals on interactive areas of the site. "Personally Identifiable Information" is information that can be used to uniquely identify, contact, or locate a single person, such as name, postal address, e-mail address, phone number, and credit card number, among other information, and that is not otherwise publicly available. Any posting made while using the site and services, and any other information that can be viewed by the public and therefore is not considered "personal information" or "Personally Identifiable Information" and is not the type of information covered by this Privacy Policy.
  3. Information We Collect
    • Personally Identifiable Information.
      • Examples of Personally Identifiable Information we collect include name, postal address, e-mail address, credit card number and related information, and phone number. With respect to certain services, we also collect your date of birth, social networking profile picture and the date of birth and date of death for the deceased person. We also maintain a record of all information that you submit to us, including e-mail and other correspondence. We may collect Personally Identifiable Information when you register to receive alerts or offerings, sponsor, access or submit information in connection with certain services, post other content on the site, purchase products or other services, opt-in to receive special offers and discounts from us and our selected partners or participate in other activities offered or administered by MemorySquare, Inc..
      • We may also collect Personally Identifiable Information about your transactions with us and with some of our business partners. This information might include information necessary to process payments due to us from you, such as your credit card number.
      • We do not intentionally collect Personally Identifiable Information about children under the age of 13. Please see the section on "Children's Privacy" below.
    • Other Anonymous Information.
      • Like most websites, MemorySquare, Inc. also receives and records information on our server logs from your browser automatically and through the use of electronic tools such as cookies. Our server logs automatically receive and record information from your browser (including, for example, your IP address, and the page(s) you visit). The information gathered through these methods is not "personally identifiable;" i.e., it cannot be used to uniquely identify, contact, or locate a single person.
  4. How We Use Your Information
    • We will use your information only as permitted by law, and subject to the terms of our Privacy Policy;
    • Use of Personally Identifiable Information:
      • We do not sell or share your Personally Identifiable Information with unrelated third parties for their direct marketing purposes.
      • Personally Identifiable Information and other personal information you specifically provide may be used:
        • to provide the services we offer, to process transactions and billing, for identification and authentication purposes, to communicate with you concerning transactions, security, privacy, and administrative issues relating to your use of the site and services, to improve services, to do something you have asked us to do, or to tell you of services that we think may be of interest to you.
        • To communicate with you regarding our site and services.
        • For the administration of and troubleshooting regarding the site. Certain third parties who provide technical support for the operation of the site (our web hosting service, for example), may need to access such information from time to time, but are not permitted to disclose such information to others.
      • We may disclose Personally Identifiable Information about you under the following circumstances:
        • In the course of operating our business, it may be necessary or appropriate for us to provide access to your Personally Identifiable Information to others such as our service providers, contractors, select vendors and affiliates so that we can operate the site and our business. Where practical, we will seek to obtain confidentiality agreements consistent with this Privacy Policy and that limit others' use or disclosure of the information you have shared.
        • We may share your Personally Identifiable Information if we are required to do so by law or we in good faith believe that such action is necessary to: (1) comply with the law or with legal process (such as pursuant to court order, subpoena, or a request by law enforcement officials); (2) protect, enforce, and defend our Terms of Use, rights and property; (3) protect against misuse or unauthorized use of this site; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions.)
    • Use of Anonymous Information:
      • Certain information that we collect automatically or with electronic tools (such as cookies) is used to anonymously track and measure user traffic to this Site and to enhance your experience on this Site. For example:
        • IP Addresses/Session Information. We occasionally may obtain IP addresses from users depending upon how you access our Site. IP addresses, browser, and session information may be used for various purposes, including helping administer this site and diagnose and prevent service or other technology problems related to this site. This information also may be used to estimate the total number of users visiting the site from specific geographical areas, to help determine which users have access privileges to certain content or services that we offer, and to monitor and prevent fraud and abuse. IP addresses are not linked to Personally Identifiable Information.
        • Cookies. A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a website's computers and stored on your computer's hard drive. You can configure your browser to accept cookies, reject them, or notify you when a cookie is set. If you reject cookies, you may not be able to use our Services that require you to sign in, or to take full advantage of all our offerings. Cookies may involve the transmission of information either directly to us or to another party we authorize to collect information on our behalf. We use our own cookies to transmit information for a number of purposes, including to:
        • require you to re-enter your password after a certain period of time has elapsed to protect you against others accessing your account contents;
        • keep track of preferences you specify while you are using the site;
        • estimate and report our total audience size and traffic;
        • Conduct research to improve the content and services provided on the site.
      • We let other entities that show advertisements on some of our web pages set and access their cookies on your computer. Other entities' use of their cookies is subject to their own privacy policies and not this Privacy Policy. Advertisers or other entities do not have access to our cookies.
      • We may share anonymous information aggregated to measure the number of visits, average time spent on the site, pages viewed, etc. with our partners, advertisers and others.
  5. Privacy Alert: Your Site Postings Generally Are Accessible to the Public
    • Your own use of the site may disclose personal information or Personally Identifiable Information to the public. For example:
      • This site makes submissions and other postings to our services available for viewing by all our visitors unless the sponsor or host of a Service selects a privacy setting that restricts public access. Please remember that any information disclosed on a non-restricted service becomes public information and may be collected and used by others without our knowledge. You therefore should exercise caution when disclosing any personal information or Personally Identifiable Information in these forums.
      • When you post a message to any message board, blog, or other public forum on the site, your user ID or alias that you are posting under may be visible to other users, and you have the ability to post a message that may include personal information.
    • If you post Personally Identifiable Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Such activities are beyond the control of MemorySquare, Inc. and the coverage of this Privacy Policy. Please be careful and responsible whenever you are online. In addition, although we employ technology and software designed to minimize spam sent to users and unsolicited, automatic posts to message boards, blogs, or other public forums on the site (like the CAPTCHA word verification you see on email and registration forms), we cannot ensure such measures to be 100% reliable or satisfactory.
  6. Children's Privacy
    • MemorySquare, Inc. does not intentionally collect from or maintain Personally Identifiable Information of children under the age of 13, nor do we offer any content targeted to such children.
    • In the event that MemorySquare, Inc. becomes aware that a user of the site is under the age of 13, the following additional privacy terms and notices apply:
      • Prior to collecting any Personally Identifiable Information about a child that MemorySquare, Inc. has become aware is under the age of 13, MemorySquare, Inc. will make reasonable efforts to contact the child's parent, to inform the parent about the types of information MemorySquare, Inc. will collect, how it will be used, and under what circumstances it will be disclosed, and to obtain consent from the child's parent to collection and use of such information.
      • Although MemorySquare, Inc. will apply these children's privacy terms whenever it becomes aware that a user who submits Personally Identifiable Information is less than 13 years old, no method is foolproof. MemorySquare, Inc. strongly encourages parents and guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
      • Personally Identifiable Information collected from children may include any of the information defined above as Personally Identifiable Information with respect to general users of the site and may be used by MemorySquare, Inc. for the same purposes. Except as necessary to process a child's requests or orders placed with advertisers or merchants featured on the site, MemorySquare, Inc. does not rent, sell, barter or give away any lists containing a child's Personally Identifiable Information for use by any outside company.
      • A child's parent or legal guardian may request MemorySquare, Inc. to provide a description of the Personally Identifiable Information that MemorySquare, Inc. has collected from the child, as well as instruct MemorySquare, Inc. to cease further use, maintenance and collection of Personally Identifiable Information from the child.
      • If a child voluntarily discloses his or her name, e-mail address or other personally-identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
  7. Ownership
    • MemorySquare, Inc. is the sole owner(s) of the information collected on this site.
  8. Security Measures
    • The security and confidentiality of your Personally Identifiable Information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect guest information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and no data transmissions over the web can be guaranteed 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
  9. Correcting or Updating Information
    • You may modify and correct Personally Identifiable Information provided directly to MemorySquare, Inc. in connection with the services, if necessary. MemorySquare, Inc. offers users the following options for updating information:
  10. Opt-Out Procedures
    • You may opt out of receiving future mailings or other information from MemorySquare, Inc. Send an e-mail to Contact Us requesting such.
  11. Third Party Advertising and Ad Delivery
    • This Site contains links to other sites that may be of interest to our visitors. This Privacy Policy applies only to MemorySquare, Inc. and not to other companies' or organizations' Web sites to which we link. We are not responsible for the content or the privacy practices employed by other sites.
    • MemorySquare, Inc. works with third parties, including, for the purpose of advertisement delivery on the site and affiliated Web sites. The non-personally identifiable information collected about a consumer's visits to this and other Web sites, including, but not limited to, certain information from your Web browser and your IP address, may be used by third parties, in order to provide advertisements about goods and services of interest to you. Third parties may also set cookies to assist with advertisement delivery services. Please keep in mind that if you click on an advertisement on the Site or affiliated Web sites and link to a third party's website, then MemorySquare, Inc.'s Privacy Policy will not apply to any Personally Identifiable Information collected on that third party's website and you must read the privacy policy posted on that site to see how your Personally Identifiable Information will be handled.
  12. Changes to This Privacy Policy
    • We may periodically edit or update this Privacy Policy. We encourage you to review this Privacy Policy whenever you provide information on this Web site. Your use of the site after changes of the terms of the Privacy Policy have been posted will mean that you accept the changes.
  13. Additional Information
    • Questions regarding the MemorySquare, Inc. Privacy Policy should be directed to Contact Us