Document summary
CreateMomento is operated by NEW MINDS GROUP, LLC. Our notice address is 121 Perimeter Center West, Suite 200, Atlanta, GA 30346, USA.
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity, and CreateMomento concerning your access to and use of https://createmomento.com and related media, mobile website, or applications connected to the Site.
By accessing the Site, you agree that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with all of these Terms, you are prohibited from using the Site and must discontinue use immediately.
Agreement to terms
Supplemental terms and conditions or documents posted on the Site from time to time are incorporated by reference. We may make changes or modifications to these Terms of Use at any time and for any reason by updating the "Last Updated" date.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. Continued use of the Site after revised Terms are posted means you accept the changes.
The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site.
Intellectual property rights
Unless otherwise indicated, the Site is our proprietary property. Source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos are owned or controlled by us or licensed to us and are protected by applicable laws.
The Content and Marks are provided "as is" for your information and personal use only. No part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, translated, distributed, sold, licensed, or otherwise exploited for commercial purpose without our express prior written permission.
Eligible users receive a limited license to access and use the Site and download or print a copy of properly accessed Content solely for personal, non-commercial use.
User representations
By using the Site, you represent and warrant that you have legal capacity, are not a minor in your jurisdiction, will not access the Site through automated or non-human means, will not use the Site for illegal or unauthorized purposes, and will not violate applicable law or regulation.
If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse current or future use of the Site.
Prohibited activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used for commercial endeavors except those specifically endorsed or approved by us.
- Systematically retrieve data or content to create or compile a collection, compilation, database, or directory without written permission.
- Make unauthorized use of the Site, including collecting usernames or email addresses for unsolicited email or creating accounts by automated means or false pretenses.
- Use buying agents, purchasing agents, or the Site to advertise or offer goods and services without approval.
- Circumvent, disable, or interfere with security-related features or limitations on use of the Site or Content.
- Engage in unauthorized framing or linking to the Site.
- Trick, defraud, or mislead us or other users, especially to learn sensitive account information.
- Make improper use of support services or submit false reports of abuse or misconduct.
- Use automated systems, scripts, robots, scrapers, data-mining tools, or offline readers that access the Site.
- Interfere with, disrupt, or create undue burden on the Site or connected networks and services.
- Impersonate another user or person, sell or transfer your profile, or use information from the Site to harass, abuse, or harm another person.
- Use the Site to compete with us or exploit the Site or Content for unauthorized commercial enterprise.
- Decipher, decompile, disassemble, reverse engineer, copy, or adapt software comprising part of the Site.
- Upload or transmit viruses, Trojan horses, spam, spyware, web bugs, or other materials that interfere with use or operation of the Site.
- Disparage, tarnish, or otherwise harm us or the Site, or use the Site inconsistently with applicable laws or regulations.
Submissions
Questions, comments, suggestions, ideas, feedback, or other information regarding the Site are non-confidential and become our sole property. We may use and disseminate submissions for any lawful purpose without acknowledgement or compensation.
You waive moral rights in submissions and warrant that submissions are original to you or that you have the right to submit them.
Site management
We reserve the right, but not the obligation, to monitor the Site for violations, take appropriate legal action, refuse or restrict access, remove burdensome files or content, and otherwise manage the Site to protect our rights and facilitate proper functioning.
Privacy policy
Please review our Privacy Policy at https://createmomento.com/privacy-policy. By using the Site, you agree to be bound by the Privacy Policy, which is incorporated into these Terms of Use.
The Site is hosted in the United States. If you access the Site from a region with different personal-data laws, you consent to transferring and processing data in the United States.
We do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that a person under 13 provided personal information without required consent, we will delete that information as quickly as reasonably practical.
Term and termination
These Terms of Use remain in full force while you use the Site. We may deny access to and use of the Site to any person for any reason or no reason, including breach of these Terms or applicable law.
We may terminate your use or participation in the Site or delete your account and content at any time, without warning, in our sole discretion. If terminated or suspended, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of a third party.
Modifications and interruptions
We may change, modify, or remove Site content at any time and have no obligation to update information on the Site. We may modify or discontinue all or part of the Site without notice and are not liable for modification, price change, suspension, or discontinuance.
We cannot guarantee the Site will always be available and may experience problems or maintenance resulting in interruptions, delays, or errors.
Governing law and dispute resolution
These Terms of Use and your use of the Site are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.
Any legal action brought by either party shall be commenced or prosecuted in state and federal courts located in Georgia, United States, and the parties consent to venue and jurisdiction there. Any claim related to the Site must be commenced within one year after the cause of action arose.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without prior notice.
Disclaimer
The Site is provided on an as-is and as-available basis. You agree that use of the Site and services is at your sole risk.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service advertised or offered through the Site, linked websites, banners, or other advertising.
Limitations of liability
In no event will we or our directors, employees, or agents be liable for direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from use of the Site, even if advised of the possibility of such damages.
Our liability to you for any cause and regardless of form of action will be limited to the amount paid, if any, by you to us during the three-month period before the cause of action arose, subject to applicable law.
Indemnification
You agree to defend, indemnify, and hold us harmless, including subsidiaries, affiliates, officers, agents, partners, and employees, from losses, damages, liabilities, claims, or demands resulting from your use of the Site, breach of these Terms, breach of representations and warranties, violation of third-party rights, or harmful acts toward another user.
User data
We maintain certain data transmitted to the Site for managing performance and data relating to your Site use. Although routine backups may be performed, you are solely responsible for data you transmit or activity you undertake using the Site.
Electronic communications, transactions, and signatures
Visiting the Site, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic agreements, notices, disclosures, and other communications satisfy legal requirements that communications be in writing.
You agree to electronic signatures, contracts, orders, records, electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site.
Miscellaneous and contact
These Terms of Use and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us regarding the Site. Failure to enforce any right or provision does not operate as a waiver.
Questions can be sent to [email protected].