Welcome to Memories For My Child.com, (MFMC). MFMC is owned and operated by Order
Now Systems, Inc.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEB SITE. All users of this site agree that access to and use of this Web site
are subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use this Web site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is
copyrighted as a collective work under the United States and other copyright laws, and
is the property of Life's Pages, Inc. The collective work includes works that are
licensed to Life's Pages, Inc. Copyright 2008, Life's Pages, Inc. ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with Life's Pages, Inc. or purchasing Life's Pages, Inc.
products. You may display and, subject to any expressly stated restrictions or limitations relating
to specific material, download or print portions of the material from the different areas of the
site solely for your own non-commercial use, or to place an order with Life's Pages, Inc. or
to purchase Life's Pages, Inc. products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by Life's Pages, Inc. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Registration Obligations
To use this Web site you must create an account using the registration process provided on
the Web site. Only those who can form legally binding contracts under the law (over the age
of 18 years) may create an account. When creating an account you agree to provide true, current
and complete information about yourself as prompted by the registration form. You agree to
maintain and update the information so that it is always true, accurate, current and complete.
If we have reasonable grounds to suspect that such information has been falsified or is
inaccurate, not current or incomplete, we have the right to limit, suspend, or terminate
your account. It is important that you keep your contact information (particularly your
e-mail address) updated. If you fail to notify us of changes in your contact information you
will not receive important notifications regarding your account and its status. Before creating
an account for another person or inviting a Guest to this Web site it is your responsibility to
ensure that You have the required permission to do so.
Use of the Web site by Minors
Authorized permission must be given for a minor (those under the age of 18) to use this
Web site. If you grant permission for a minor to have access to this Web site you recognize
that you are fully responsible for: (i)the conduct of such minor; (ii)the consequences of
any misuse by the minor; (iii) controlling minor’s access to the use of the Web site.
User Names and Passwords
To access your MFMC account you will need a password and username. You are responsible for
maintaining the confidentiality of the password and username. It is your responsibility
to protect your user name and password. You are fully responsible for all activities that
occur under your password or username. You agree to notify MFMC immediately of any unauthorized
use of your password or account or any other breach of security relating to your Account.
MFMC cannot and will not be liable for any loss or damage arising from your failure to
comply with this requirement.
Responsibility for Content
You acknowledge and agree that all information, code, data, text, software, music, sound,
photographs, pictures, graphics, messages, files, or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not MFMC, are entirely responsible
for all Content that you upload, post, email or otherwise transmit via the Web site.
You can grant third parties ("Guests") access to compose Messages on your account to be
archived in your account. You shall have sole responsibility for the granting of access
to your account to Guests. In the event that you find the content of any Messages or materials
posted or uploaded to your account to be offensive, inappropriate, or objectionable, you
may delete the Message or ask the Guest to edit it. MFMC does not control user or third
party Content posted via the Web site, and, as such, does not guarantee the accuracy,
integrity or quality of such user or third party Content. Under no circumstances will
MFMC be liable in any way for any user or third party Content, including, but not limited
to, for any errors or omissions in any such Content, or for any loss or damage of any
kind incurred as a result of the use of any such Content posted, emailed or otherwise
transmitted via the Web site. MFMC does not, as a general practice, pre-screen user or
third party Content posted on the Web site, although MFMV reserves the right to do so.
Notwithstanding anything in this Agreement (including in our Privacy Policy), to the maximum
extent permitted by law, MFMC reserves the right from time, and at any time, to
access, read, preserve, and disclose any information, Messages or materials posted or
uploaded to your account (or otherwise transmitted through or using the Web site or
the Service) it reasonably believes necessary to (i) satisfy any applicable law,
regulation, legal process or government request; (ii) enforce this agreement,
including investigation of potential violations hereof; (iii) detect, prevent,
or otherwise address fraud, security, or technical issues; or (iv) protect the rights,
property, or safety of MFMC.
Privacy
MFMC respects your privacy. Please refer to MFMC Privacy Policy
for detailed information.
All personal information obtained is subject to this Privacy Policy. The Privacy
Policy may be updated from time to time, the most recent version that exists applies
at the time of your use.
Limitation of Warranty
THE WEB SITE AND THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE".
NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS ARE MADE IN RESPECT OF THE SERVICE.
BY ACCESSING AND USING THE WEB SITE AND THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT USE OF
THE WEB SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. WHILE MFMC MAKES REASONABLE EFFORTS
TO ENSURE THE WEB SITE AND THE SERVICE IS ACCESSIBLE AND FULLY FUNCTIONAL AT ALL TIMES (EXCEPT
FOR SCHEDULED MAINTENANCE DOWNTIMES) AND THAT MESSAGES AND MATERIALS POSTED TO YOUR ACCOUNT
ARE NOT LOST OR CORRUPTED, MFMC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB
SITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY; (I) THAT
THE WEB SITE AND THE SERVICE WILL BE FULLY ACCESSIBLE AND FULLY FUNCTIONAL AT ALL TIMES;
(II) THAT MESSAGES OR MATERIALS POSTED OR UPLOADED WILL NOT BE LOST OR CORRUPTED; (III) THAT
THE WEB SITE AND THE SERVICE WILL BE OF MERCHANTABLE QUALITY FIT FOR A PARTICULAR PURPOSE AND
NON-INFRINGING; (IV) THAT OPERATION OF THE WEB SITE AND THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE; (V) THAT DEFECTS OR ERRORS IN THE WEB SITE OR SERVICE WILL BE CORRECTED; (VI)
THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; (VII) THAT COMMUNICATIONS
TO OR FROM THE WEB SITE WILL BE SECURE AND NOT INTERCEPTED.
MFMC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY
THIRD-PARTY USER OF THE WEB SITE OR THE SERVICE. UNDER NO CIRCUMSTANCES SHALL MFMC (OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR OTHER RESPECTIVE SUCCESSORS AND
ASSIGNS), BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE (INCLUDING SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSES ARISING IN ANY MANNER WHATSOEVER FROM
THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR SERVICE.
MFMC ALSO MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE USE OR OPERATION OF ANY
THIRD PARTY SERVICES OFFERED THROUGH THE WEB SITE (INCLUDING PAYMENT SERVICES) OR THROUGH
SUCH THIRD PARTY WEB SITES.
Limitations of Service
This Web site may only be used for the intended purpose for which such Web site are being made available. You may not use the Web site to:
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(a) Upload, post or otherwise transmit any Content that is, or that promotes
behavior that is, unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
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(b) Upload, post, email, otherwise transmit, or post links to any Content that
exploits the images of children under 18 years of age, or that discloses personally
identifying information belonging to children under 18 years of age;
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(c) Harm minors in any way;
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(d) Associate MFMC and any Products and Services with any adult material of
any sort. This includes, but is not limited to, such things as nudity, any site,
page, image or service requiring any adult verification service, anything that
users to be 18 or older to view or join or access, and any text, image or
likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort.
Without limiting the foregoing, you may not use the Products and Services to
store, use, contain or display pornography, adult novelties, adult toys,
XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred,
profanity, or any material which may be insulting to another person(s) or entity;
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(e) Impersonate any person or entity, including, but not limited to, a
MFMC official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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(f) Sell, distribute, or make any commercial use of data obtained from any
Web site or make any other use of such data in a manner which could be expected
to offend the person for whom the data is relevant;
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(g) Use the Web site to hyperlink to content not permitted on the Web site
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(h) use the Web site or Service to interfere with or disrupt (or attempt to
interfere with or disrupt) the operation the Web site and/or the Service or in
any manner which, in the sole discretion of MFMC and/or its service provider(s),
places an undue burden on the computer or network equipment upon which the Web
site or the Service is hosted or offered.
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(i) Upload, post, email, otherwise transmit, or post links to any material that
is false, misleading, or designed to manipulate any equity, security, or other market;
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(j) Upload, post, or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships;
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(k) Upload, post, email, otherwise transmit, or post links to any Content that
infringes any patent, trademark, service mark, trade secret, copyright or other
proprietary rights.
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(l) Upload, post, email, otherwise transmit, or post links to any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation. Or promote or provide
instructional information about illegal activities, promote physical harm or
injury against any group or individual, or promote any act of cruelty to animals;
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(m) Upload, post or otherwise transmit or provide links to any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
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(n) Collect or store personal data about other users;
Violation of any of the foregoing may result in limitation, suspension, or termination of
this Agreement and your right to use the Service, and may subject you to other legal consequences.
License/No Reverse Engineering
Payment and Pricing
UNDER NO CIRCUMSTANCES WILL MFMC BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR
AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT
OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
Termination/ Suspension/Cancellation of Services
Use of the Web site is subject to compliance with these Terms and Conditions. You acknowledge
and agree that MFMC may terminate your account and your access to your account, and may remove
and discard any Content, without prior notice, should you fail to comply with the Terms and
Conditions or any other guidelines and rules published by MFMC. Any such termination shall be
the sole discretion of MFMC and may occur without any notice. MFMC further reserves the right
to terminate any user's account for any conduct that MFMC, in its sole discretion, believes is
or may be directly or indirectly harmful to other users, to MFMC or its subsidiaries, affiliates,
or business contractors, or to other third parties, or for any conduct that violates any local,
state, federal, or foreign laws or regulations.
In the event MFMC terminates a user's account for violating the Terms and Conditions and that
user is a paid member of MFMC, that user's payment is not refundable.
You may cancel your subscription to the Service at any time, with or without cause. Your
cancellation of the Service will not change your obligation to pay all fees charges made
in respect of the Service prior to your cancellation or entitle you to a refund of any fees
paid to us.
Once your right to use the Service has been terminated, Your Account will become inactive
and You will no longer be granted access to Your Account or any of the Messages or materials
posted or uploaded to Your Account. We will use reasonable commercial efforts to maintain the
Messages and materials posted or uploaded to Your Account for six (6) months from the date of
termination of Your Account. In the event that your right to use the Service is reinstated
within 6 months from the original date of termination, access to the Messages and materials
posted in Your Account will be reinstated. You may be required to pay late fees or
reinstatement charges to reactivate Your Account. We shall have no liability to you in
the event that messages and materials posted to Your Account are not retained or
retrievable following the cancellation or termination of Your right to use the Service.
If your right to use the Service is not reinstated within 6 months of termination date we
will export the data in your account to you.(Nominal fee may apply). One attempt to reach
you using the current contact information on file to get this data to you will be made.
After one attempt to reach you has been made, your entire account and its contents will
be permanently deleted.
Indemnification
You agree to indemnify MFMC and its officers, employees, and licensors and hold them
harmless from any and all claims and expenses, including attorney's fees, arising from
your use of the Web site, or from any person's use of any account or password you maintain
with the Web site, regardless of whether such use is authorized by you. By using the
Web site, you are hereby agreeing to release MFMC and its officers, employees, and
licensors from any and all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature whatsoever, whether known
or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have
against them arising out of or in any way related to such disputes and/or to the Web
site. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
Waiver and Severability of Terms
The failure of MFMC to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision. If any provision
of the Terms of Service is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of the
Terms of Service remain in full force and effect.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MFMC OR ITS LICENSORS
BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE WEB SITE OR RELIANCE
ON THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF
MFMC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE WEB SITE, FROM INABILITY TO USE THE WEB SITE, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEB SITE ACCOUNT AND THE
DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE WEB SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION,
TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE
OF THE WEB SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED
IN ANY WAY TO THE WEB SITE OR TO MFMC. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO,
DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR
OTHER CONTENT. WITH RESPECT TO PAID MFMC MEMBERS, MFMC ENTIRE LIABILITY, IF ANY, SHALL
NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES
SHALL MFMC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE
RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT
FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL
POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR,
GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS,
NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR
AIR CONDITIONING.
UNDER NO CIRCUMSTANCES WILL MFMC BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
Jurisdiction
Your use of this site shall be governed in all respects by the laws of the state of
Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980
U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or relating
to this site (including but not limited to the purchase of Life's Pages, Inc.
products) shall be in the state or federal courts located in Dupage County, Illinois.
Any cause of action or claim you may have with respect to the site (including but not
limited to the purchase of Life's Pages, Inc. products) must be commenced within
one (1) year after the claim or cause of action arises. Life's Pages, Inc.'s
failure to insist upon or enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Life's Pages, Inc. may assign its rights and duties
under this Agreement to any party at any time without notice to you.