Agreement Between User and Small Memories
The Small Memories web site is comprised of various Web pages operated by Kit Singleton.
The Small Memories Web Site is offered to you on the condition of your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Small Memories Web Site constitutes your agreement to all such terms, conditions, and notices.
Modification Of These Terms Of Use
Small Memories reserves the right to change the terms, conditions, and notices under which the Small Memories Web Site is offered, including but not limited to the charges associated with the use of the Small Memories Web Site.
Links To Third Party Sites
The Small Memories Web Site may contain links to other Web Sites (”Linked Sites”). The Linked Sites are not under the control of Small Memories and Small Memories is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Small Memories is not responsible for webcasting or any other form of transmission received from any Linked Site. Small Memories is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Small Memories of the site or any association with its operators.
No Unlawful Or Prohibited Use
As a condition of your use of the Small Memories Web Site, you warrant to Small Memories that you will not use the Small Memories Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Small Memories Web Site in any manner which could damage, disable, overburden, or impair the Small Memories Web Site or interfere with any other party’s use and enjoyment of the Small Memories Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Small Memories Web Sites.
Use Of Communication Services
The Small Memories Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
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Small Memories has no obligation to monitor the Communication Services. However, Small Memories reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Small Memories reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Small Memories reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Small Memories’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Small Memories does not control or endorse the content, messages or information found in any Communication Service and, therefore, Small Memories specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Small Memories spokespersons, and their views do not necessarily reflect those of Small Memories.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided By Users
Small Memories does not claim ownership of the materials you provide to Small Memories . However, by posting, uploading, inputting, providing or submitting, you are granting Small Memories, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your “user” name or a form there of in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Small Memories is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Small Memories’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
The information, software, products, and services included in or available through the Small Memories website may include inaccuracies or typographical errors. Changes are periodically added to the information herin. Small Memories and/or its suppliers may make improvements and/or changes in the Small Memories website at any time. Advice received via the Small Memories website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Small Memories and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information software, products, services, and related graphics contained on the Small Memories website for any purpose. To the Maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Small Memories and/or its suppliers hereby disclaim all warranties and conditions with regard to this information software, products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the the maximum extent permitted by applicable law, in no event shall Small Memories and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Small Memories website, with the delay or inability to use the Small Memories website or related serviced, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Small Memories website, or otherwise arising out of the use of the Small Memories web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Small Memories or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Small Memories website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Small Memories website.
Termination/Access Restriction
Small Memories reserves the right, in its sole discretion, to terminate your access to the Small Memories Web Site and the related services or any portion thereof at any time, without notice.
Purchase & Refund Policy
Under NO circumstances may you purchase a product through your own affiliate link or an affiliate link that is associated with you in any way. If you purchase through your affiliate link, we reserve the right to terminate your account without notice and/or deny future access, services, and products. If you purchase through an affiliate account associated to you, legal action may be taken.
All of our digital products are backed by a 30-day money-back satisfaction guarantee. If you’re not satisfied with your purchase, let us know within 30 days and we’ll give your money back, no questions asked.
Due to their intensive nature and the time involved, live workshops include a 7-day money-back guarantee. If you are not satisfied, please inform us within 7 days for a full refund.
Refund requests must be submitted before the 30-day or 7-day period, related to the specific product, expires. If we suspect or find that someone made a purchase with the intent to ask for a refund, or have purchased multiple products and requested multiple refunds, we reserve the right to refuse all or part of a refund, as we see fit. After a refund, you no longer have the right to use or sell the item that was refunded. If you continue to use or sell the item, legal action may be taken.
Copyright, Trademark, and Reprint Notices
All contents of the Small Memories Web Site including but not limited to documents, information, logos, and images are Copyright 2005 to present by Small Memories and/or its suppliers. All rights reserved. No part of Small Memories may be copied, stored, shared, or transmitted in any way without the express written permission of Small Memories.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Notices and Procedures For Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent.
General
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Small Memories Web Site. Use of the Small Memories Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Small Memories as a result of this agreement or use of the Small Memories Web Site. Small Memories’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Small Memories’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Small Memories Web Site or information provided to or gathered by Small Memories with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Small Memories with respect to the Small Memories Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Small Memories with respect to the Small Memories Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
