You can control who sees your photos. Click-A-Memory is designed to
provide a private, secure place for you to store and sell your photos. Only
you, your clients and the friends and family members that they choose to invite
have access to your photos.
Your personal information is protected. Your privacy is important to
us and we take great care to protect it. Please see our Privacy Policy for details.
A credit card is required to use our services. To use our low-cost photo
service, we ask you to provide a valid credit card number (including expiration
date and billing information).
We will communicate with you via email. Click-A-Memory intends to send
regular email updates and occasional promotional offers that may be of interest
to you. You may opt-out of these mailings at any time upon receipt.
Age: You must be at least 13 years of age to sign-up for Click-A-Memory.
Click-A-Memory Terms and Conditions
Welcome to Click-A-Memory! Click-A-Memory provides members a fun, safe and
easy way to post, sell, view and share photographs. However, before you enter
the Click-A-Memory site (the "Site") or use any of the Click-A-Memory
services, it is important that you carefully review the Terms and Conditions
set out below (the "Terms"). In addition, specific pages on the Site
may set out additional terms and conditions, all of which are incorporated by
reference into the Terms. Terms may be changed or updated at any time, but you
can always find the most recent version here. In the case of inconsistencies
between these Terms and information included in off-line materials, (e.g., promotional
materials and mailers), these Terms will always control. We suggest that you
periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept the Terms and that
you agree to be bound by and subject to them. Acceptance of the Terms creates
a binding legal agreement between you and Click-A-Memory that you will use the
Service only in a manner that is consistent with the Terms. If you have questions
about the Terms, please contact us at webmaster@ClickAMemory.com.
Your use of the Site and its services (together, the "Service") is
entirely conditioned on and subject to your compliance with the Terms. If you
do not agree with the Terms, do not proceed to access the Site or use the Service.
I. Terms of Membership Click-A-Memory membership (referred to as "Membership")
is available to you if you are at least 13 years of age and you submit certain
requested information to Click-A-Memory, including (but not limited to) your
name and correct email address. In addition, by becoming a Member, you agree
to provide Click-A-Memory with true, accurate, current and complete information
about yourself when such information is requested by the Service (whether by
questionnaires, surveys, registration forms or other informational requests).
Before you can use the Service for purchasing photographs, video and merchandise,
we will ask you to provide a valid credit card number (including expiration
date and billing address). This will allow us to efficiently facilitate the
shipping and handling charges associated with sending you your photographs.
II. Digital Image Storage As long as you are an active participant in
the Click-A-Memory service, Click-A-Memory offers unlimited storage of the low-resolution
(lo-res) versions of your online photos. There is no limit to the number of
digital photos you can upload, however if you are over your allotted storage
(defined at time of membership), you will be charged a fee per 10MB of extra
space used. Refer to your User Agreement for more information.
Pictures digitized through the Service are stored and viewable in screen resolution
on the Site. In addition, high-resolution (hi-res) images are stored for prints
and for use with other merchandise requests. We store the hi-res versions of
your photos in your account for 3 months (90 days) after they are posted online
or from when you upload your own digital photos from your computer to your account.
After 90 days, unless you take one of the actions described below, the hi-res
versions of your photos are removed from your account. The low-res photos will
remain indefinitely, which are suitable for viewing and sharing, as well as
for purchasing select print sizes. However, if you purchase a print or enlargement
of a photo, purchase it on CD, or purchase it via hi-res download within the
first 90 days of it being placed in your account, the hi-res version of the
photo will remain in your account. More info on storing online photos
III. Member Conduct We are committed to ensuring that our Service remains a
fun and safe place to upload, view, store, sell and share photographs and other
content. To this end, we require that every user of the Service, whether or
not such user is a Member, agrees not to use this Service to upload, store,
sell, or share or otherwise obtain Prohibited Content. Generally, Prohibited
Content includes (without limitation) any of the following types of Content:
a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory,
slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, Trojan
horses and other forms of corruptive code or any other content, which may compromise
the Click-A-Memory Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above.
Click-A-Memory has the sole discretion to determine whether Content is Prohibited
Content, and any Content submitted to the Service may be subject to examination
from time to time. You acknowledge that although Click-A-Memory does not and
will not examine and review all Content submitted or transmitted to the Service,
Click-A-Memory has the absolute right (but not the obligation) to delete, move,
and edit materials for any reason, at any time, without notice.
Notwithstanding the above, when you access the Site and/or use the Service,
you acknowledge and agree that all Content (whether private or public) that
is posted and stored on the Site is the sole responsibility of the person who
submitted it for posting and/or storage. In other words, you are responsible
for any Content that you submit. Moreover, you understand that by viewing the
Site, you may be exposed to Content that you consider to be offensive and you
take sole responsibility for such exposure. Finally, you acknowledge that Click-A-Memory
in no way guarantees the accuracy, quality or appropriateness of Content available
on the Site. In no event shall Click-A-Memory, LLC ("Click-A-Memory")
(including its officers, directors, employees, affiliates and agents) be liable
for claims of any nature, whether direct or indirect, arising from or related
to any Content made available on or through the Service, including (without
limitation) errors or omissions in such Content, and loss or damages incurred
as a result of use of such Content.
IV. No Resale of Service You agree not to reproduce, duplicate, copy, sell,
resell or exploit any part of the Service, use of the service, or access to
the Service for any commercial purposes.
V. Third Party Software As a convenience to our Members, we may make third-party
software available through the Service. To use the third-party software, you
must agree to the terms and conditions imposed by the third party provider and
the agreement to use such software will be solely between you and the third
party provider.
By downloading third party software, you acknowledge and agree that Click-A-Memory
does not guarantee that any software downloaded through the Service will be
free of viruses, worms, or Trojan horses or other forms of corruptive code.
Click-A-Memory makes no representations or warranties concerning the performance,
effectiveness or any other aspect of any third-party software downloaded through
the Service. In no event shall Click-A-Memory (including its officers, directors,
employees, affiliates and agents) be liable for claims of any nature, whether
direct or indirect, arising from or related to any third-party software downloaded
through the Service.
VI. Privacy Policy We respect your privacy and have taken specific steps to
protect it. Please see our Privacy Policy.
VII. Copyright
What You License to Click-A-Memory
When you join our Service, you become a participant in an online community who
upload, view, sell and share photographs. In order for us to make your photos
available to you and your invitees, as well as to use images to offer you our
special variety of online services, we need the rights to make use of all Content
on the Service (in accordance with and subject to these Terms, of course). Accordingly,
as a condition to your Membership, you hereby grant Click-A-Memory a perpetual,
universal, nonexclusive right to copy, display, modify, transmit, make derivative
works of and distribute any Content transmitted or provided to the Service by
you, solely for the purpose of providing the Service. You remain the owner of
all Content that you submit to the Service and as a condition to Membership,
you represent and warrant to Click-A-Memory that you are the owner of the copyright
to Content you submit to the Service or that you have written permission from
the copyright owner to submit such Content.
Copyright Protection for Content on the Service
All the information, Content, image files, software and materials offered by
our Service are protected by U.S. and international copyright laws and by other
applicable laws. You understand that Click-A-Memory is unable to provide you
with permission to copy, display or distribute material for which you do not
own the copyright, and we do not provide others with such rights to your Content
(unless you give us permission to do so). You may not copy or distribute such
material without the written consent of the copyright owner, and you are solely
responsible for any copyright violations that you may incur as a result of your
activities on the Service. Click-A-Memory has the absolute right to terminate
your membership or exclude you from the Site if you use our Service to violate
the intellectual property rights of third parties.
If you believe that your work or the work of another has been copied in a way
that constitutes copyright infringement, Click-A-Memory has a process in place
to respond to your concerns. Please see contact webmaster@clickamemory.com.
XIII. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CLICK-A-MEMORY, LLC ("CLICK-A-MEMORY"),
(INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS
AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL
LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING
FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING
NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES
USING YOUR ACCOUNT.
IX. Limited Warranty
(A) Exclusive Remedy. ANY PRODUCT AND SERVICE AVAILABLE THROUGH THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR
USE OF THE SERVICE IS AT YOUR OWN RISK. CLICK-A-MEMORY WARRANTS ONLY THAT PHOTOGRAPHIC
MATERIALS PROVIDED SHALL BE RETURNED TO YOU IN USABLE CONDITION. IN THE EVENT
THAT YOUR PRINT(S) OR MERCHANDISE ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY,
LOST OR NOT RETURNED, CLICK-A-MEMORY'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE
REMEDY, SHALL BE FOR CLICK-A-MEMORY TO EITHER (I) REFUND THE FULL AMOUNT OF
THE PURCHASE PRICE OF SUCH PRINTS OR MERCHANDISE, OR (II) REPRINT THE PHOTOS
AT NO EXTRA COST.
(B) Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT
PERMITTED UNDER APPLICABLE LAW, CLICK-A-MEMORY EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CLICK-A-MEMORY MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL BE PROVIDED
IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE SITE
OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III)
THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. CLICK-A-MEMORY
MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, SERVICES, PROMOTIONS,
OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED
OR OBTAINED THROUGH CLICK-A-MEMORY'S SITE OR THAT ARE ADVERTISED ON CLICK-A-MEMORY'S
SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
X. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER
LAW, CLICK-A-MEMORY WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE)
FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING,
BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT
TO YOUR USE OF THE SITE OR THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING
FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE
SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
XI. Termination
You agree and acknowledge that Click-A-Memory, in its sole discretion, may terminate
your Membership (or any part thereof) or use of the Service, and remove and
discard any Content including, but not limited to, any and all information,
communications, postings, , image files or any other content within the Service,
at any time, without notice, for any reason, including but not limited to:
a. Conduct violating these Terms or other policies or guidelines set forth by
Click-A-Memory elsewhere on the Site;
b. Conduct that Click-A-Memory believes is harmful to other Click-A-Memory users,
the business of Click-A-Memory, or other third party information providers;
c. Failure to continue Active Participation; and
d. Conduct that violates the letter or spirit of these Terms.
Further, you agree that Click-A-Memory shall not be liable to you or any third-party
for any termination of your access to the Service.
XII. Choice of Law
The state and federal courts of Nevada shall be the exclusive forum and venue
to resolve any and all disputes arising out of or relating to these Terms and
Conditions. You consent to personal jurisdiction and venue by the state and
federal courts of the State of Nevada.
XIII. Modification of Terms
You agree that Click-A-Memory reserves the right to amend the Terms at any time,
for any reason, and without notice, including the right to terminate the Service
or any part of the Service. Any amendments or modifications made by Click-A-Memory
shall be prospective only.
IXV. Entire Agreement
These Terms constitute the entire agreement between you and Click-A-Memory and
govern your use of the Service, superseding any prior agreements between you
and Click-A-Memory. In the case of inconsistencies between these Terms and information
included in off-line materials, (e.g., promotional materials and mailers), these
Terms will always control. You may also be subject to additional Terms and Conditions
that may apply when you use affiliate services, third-party content or third-party
software.
The failure of Click-A-Memory to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms 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 remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the Terms
must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
XVI. Reporting Violations
You can report abuse of these Terms to webmaster@ClickAMemory.com.
