Terms of Service

Introduction

Welcome to the baby photo service, provided to you by Catch’N Memories LLC. ("CNM"). These Terms of Service govern your use of CNM’s service. Your use of CNM’s service constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully. Please note, you must be 18 years or older to use this service.

Registration

You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. We will use the information you provide to us in accordance with our Privacy Policy.

Storage Policy

CNM provides free online limited storage of images to its members for an initial period of 3 months from the date your image(s) was first uploaded to your CNM record. CNM makes no guarantee for this service, and is not responsible for lost images or data. CNM assumes no liability for any images or data that is posted to CNM sites. CNM may change this policy at any time, without providing reasonable notice to you.

Your Privacy

CNM has a firm commitment to safeguarding your privacy. Please review CNM's Privacy Policy for details regarding this commitment. The terms of CNM's Privacy Policy are considered part of, and are incorporated into, these Terms of Service.

Copyrights

CNM respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact CNM's agent for notice of claims of copyright infringement, who can be reached at copyrightconcerns@catchnmemories.com, or at Catch’N Memories LLC, Attn: Copyright Agent, 1101-B Thorpe Lane # 153, San Marcos, TX 78666, 512-392-6123. You must provide our agent with the following information, which CNM may then forward to the alleged infringer:

1. Describe the copyrighted work that you believe has been infringed;

2. Identify the material on CNM's site that you believe infringes your work, with enough detail so that we may locate it on the site;

3. Provide your address, telephone number, and email address;

4. Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

5. Declare under penalty of perjury that

(a) the information you have provided to us is accurate, and

(b) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and,

6. Provide your physical or electronic signature.

Upon receiving your complaint, CNM may remove content that you believe infringes your copyright. In addition, CNM may terminate the account of the member who appears to be infringing your intellectual property rights.

Aside from copyrighted material, CNM claims ownership rights to any image contained in any of CNM photo records. Please note, however, that when you share a photo, or its data, you allow the recipients of that data to share the data and the images contained in that record for the sole purpose of displaying your images through your CNM record, and fulfilling any orders you or your record recipients place.

Your Conduct

You are responsible for your conduct, regarding access to the CNM site. You may not upload, share or copy CNM's service, outside of providing users with access information which was provided to you on the proof sheet. You are responsible for maintaining the confidentiality of any usernames, passwords, or any other tools or data that afford you access to restricted areas of the site (i.e. Parent Login Page). If you are sharing such usernames, passwords, etc. with others for the purpose of shared viewing of Baby Pages, you are also responsible for all users of such information, whether or not actually or expressly authorized by you. In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:

• Upload, Download, Post, order for print, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;

• Upload, Download, Post, order for print, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;

• Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;

• Upload, Post, email or otherwise transmit 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;

• Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;

• Use this service for the purpose of making images available for viewing to the general public;

• Provide any information to CNM that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

CNM reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms of Service have been violated. In addition, CNM reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of CNM or others.

CNM has no obligation to remove content that you personally find objectionable or offensive, though we will investigate every complaint referring to inappropriate use of the site.

Trademark and Copyright

CNM, Catch’N Memories and all graphics, logos and service names used to identify CNM’s products and services are trademarks of CNM. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.

You should assume that all of the content or other works made available to you through the service (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

No Monitoring of Content

CNM does not control the content of any user's record and does not have any obligation to monitor such content for any purpose. All content provided by a user of this service is the sole responsibility of that user, not CNM.

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY CNM ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, CNM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF RECORD INFORMATION TO CNM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH CNM'S SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR FILE(s) OR IMAGE(s), ANY LOSS OF YOUR FILE(s) OR IMAGE(s) AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITIAL FILES AND IMAGES. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO, YOUR PRINTS, CNM, AT ITS DISCRETION, SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF PRINT AND PROCESSING. IN THE EVENT OF ANY MISTAKE BY CNM, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, CNM WILL BE LIABLE ONLY TO THE EXTENT OF ITS RETURN POLICY.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, CNM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF CNM'S SERVICE OR SITE, EVEN IF CNM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

General Terms

All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of Texas without regard to conflicts of law principles. These Terms of Service constitute the entire agreement between you and CNM with respect to the use of this service. CNM's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

CNM reserves the right to amend these Terms of Service from time to time. In the event of a material change, these Terms of Service will be updated on the website. If you continue to use the service once new Terms have been updated, notifying of the changes to the Terms of Service, you will be deemed to have accepted the changes.

You agree to indemnify, defend and hold harmless CNM, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms & Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms and Conditions will inure to the benefit of CNM's successors, assigns and licensees.