Last Modified: 10/20/2017
Welcome to Forember!
Thanks for using the Forember web site ("forember.com"). This Web site (the "forember.com Web Site" or the "Web Site") provides general information about forember.com and its products and services. Where appropriate, the term “Forember” refers both to forember.com and its affiliates. All users of the forember.com Web Site are subject to the following terms and conditions of use (these "Terms of Use").
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the forember.com Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
Your Account, Password, and Security
To use the Site, you must create an account by providing your name, certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on the Site. You further agree that we may suspend your account at any time, for any reason, in our sole and absolute discretion and that we have no liability for suspending your account.
Minors
The consent of a parent or guardian shall be required before a Minor can use the Site. Use of any part of the Site is confirmation that the person is an adult or a Minor who has received permission from a parent, guardian or educational supervisor to use the Site. A parent or guardian will be responsible for any activities of a Minor on the Site regardless of whether the Minor has received permission from the parent, guardian or educational supervisor to use the Site.
Site License
Forember.com grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Sites, including but not limited to the Services made available from the Sites and used in the operation of the Sites. This license extends only to the non-commercial creation, storage and viewing of digital images and other media items on the Sites and only pursuant to the Terms of this Agreement. This license is exclusive to you and you may not sublicense the use of the Sites or provide, disclose, distribute, transfer, or otherwise make available the Sites to any individuals or entities that forember.com has not specifically authorized to receive access to your account on the Sites. Forember.com expressly retains all ownership rights, title and interest in and to all aspects of the Services and the Sites, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Sites. You may not modify the Sites, create derivative works of the Sites, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Sites that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Sites. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Sites or displayed by, on, or in the Sites. You may use the Sites and the Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Sites or the Services after any termination or expiration of this Agreement for any reason.
Forember.com uses a third party social networking platform called SocialEngine, created and serviced by SocialEngine, Inc. ("SocialEngine"). By using Forember.com, you agree to be bound by these Terms of Use and the SocialEngine Terms of Service. In addition, all rights and licenses you have granted to SocialEngine and all indemnities, duties, and obligations you owe to SocialEngine as expressed under the SocialEngine Terms of Service shall apply equally to Forember.com with respect to your use of the SocialEngine services and platform, as shall any limitations of liability and disclaimers of warranty. To the extent that there is a conflict between any provisions in these Terms of Use and the SocialEngine Terms of Service as to Forember.com, Inc., these Terms of Use will govern.
Making Purchases
If you wish to purchase any products or services through the Site, you will be required to provide us with information, including, without limitation, payment and other information. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Site. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. All shipping charges are your responsibility and such charges will be provided to you during the checkout phase of your purchase. If for some reason the shipping costs change, we will notify you of such change before proceeding with your purchase.
Refund Policy
The Forember team wants you to be completely happy with any product or service you purchase from us. If you have any questions, concerns, or problems, please let us know via our Contact Us page. If you purchased any Forember products or services and are not completely satisfied we would love to hear from you and we value your feedback. While it remains at Forember’s discretion to grant a refund, we will work hard to make you happy.
Services Content
You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with Forember.com on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "Services Content").
By transmitting or posting any Service Content, you represent and warrant that such Service Content are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Forember.com does not endorse or sponsor any such Services Content submitted by you or other users of this website.
Forember.com reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.
You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Forember.com will fully cooperate with any law enforcement authorities or court order requesting or directing Forember.com to disclose the identity of anyone posting any such information or materials. You agree that we may (but are not obligated to) filter and/or delete any Service Content that violate these Terms.
Subject to the terms and conditions set forth in our Privacy Policy, all Service Content will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any Service Content you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.
Disclaimer of Responsibility for Material
You acknowledge and agree that Forember.com does not control user-generated content or Material Submitted to the Services, and disclaims any responsibility for such Material. Forember.com specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any such content, or other Material. In addition, Forember.com does not represent or warrant that any other content or information accessible via the Services is accurate, complete, or current. Price and availability of information is subject to change without notice. Forember.com. assumes no responsibility or liability for any errors or omissions in the content of the Services.
Conduct
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not forember.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Forember.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will forember.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You may not obtain or seek to obtain access to materials on the Sites for which your access is not authorized, including materials belonging to other users. Any attempt to circumvent firewalls or other security devices of the Sites is a violation of this Agreement. You agree to indemnify and hold forember.com harmless for any violation of this provision.
Intellectual Property
Forember.com will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of forember.com or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.
You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by forember.com.
Links to Other Websites
This Site may contain links to other websites. Forember.com assumes no responsibility for the content or functionality of any non- forember.com website to which we provide a link.
Social Networking Services
You may be able to enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services would provide us with access to certain information that you have provided to such Social Networking Services, and we would use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and forember.com shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, forember.com is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, forember.com is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Forember.com enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Third Party Software
Except for software expressly identified as being owned by the Site Owner, any software available for downloading through the Website is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. The Site Owner does not sell, resell, license, or sub-license any such software on its Website, and the Site Owner disclaims any responsibility or liability related to the software. Any questions, complaints, or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded through the Website. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the Terms (i.e., the terms contained herein) are paramount.
Copyright Policy
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
(i) A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
(iv) Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
(v) A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can contact our Copyright Officer via our Contact Us page, by phone at 608-206-2008, or by mail at Copyright Officer, Forember.com, 1224 W. Milwaukee St, Stoughton, WI 53589
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Cancellation, Termination, Transfer, and Expiration of Account or Services
You may cancel or terminate your password, account and/or use of the Services, with or without cause at any time, upon providing written notice to Forember.com. If you cancel or terminate your account or any Services or upon expiration of your account or service, your cancellation/termination/expiration will take effect immediately. Upon termination, your right to use your account or subject Services immediately ceases. Your notice to Forember.com of cancellation or termination must be sent via email or conventional mail to Forember.com’s address as set forth in these Terms of Use.
Forember.com in its sole and absolute discretion, and at any time and with or without prior notice to you may suspend, cancel, transfer, or terminate your password, account, any site within an account and/or use of any Services for any reason whatsoever (including and without limitation, due to lack of use, commercial use, cybersquatting, Forember.com’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or Forember.com’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use). In the event of a dispute or conflict among, or complaint from, users of the Services about another’s right to establish, use, or maintain an account or Services, Forember.com reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.
Upon expiration, or cancellation or termination by either party, of your account, your password, and/or use of any Services, you will have no right to any Material or Information you submitted, and Forember.com may temporarily or permanently block access to, remove, deactivate, delete, and discard all such Material or Information. Forember.com accepts no liability for removed or deleted Material or Information. In addition, any contracts (verbal, written, or assumed) with respect to your account, Material or Information you Submit, and/or use of any Services, will be terminated at Forember.com’s discretion. You agree that Forember.com shall not be liable to you or any third-party for any termination of your access to any Services.
Upon suspension, cancellation, or termination of your account or your use of any Service (for whatever reason), there shall be no refund of money you paid to Forember.com.
Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE SERVICES (WHETHER PROVIDED BY FOREMBER.COM., YOU, OTHER USERS, AND OTHER AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREMBER.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE " FOREMBER.COM PARTIES") SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE FOREMBER.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FOREMBER.COM PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE FOREMBER.COM PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE FOREMBER.COM PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Wisconsin, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.