These Terms of Use (the “Terms of Use” or “Terms“) apply to the services and information (collectively, the “Services“) that The Memory Connection (“The Memory Connection,” “we,” “our,” and “us“) provides to you through our website at https://www.thememoryconnection.org (the “Website” or “Site“) (the Services, together with our Website, our “Platform“). Our Privacy Policy explains how we treat information you provide to us through the Platform or our various programs, including Personal Information (as defined in the Privacy Policy), and our Terms govern your use of our Platform. Our Terms apply to all visitors to our Website and users of our content (collectively, “you“).

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS IMPOSE LEGAL OBLIGATIONS ON YOU AND ON US AND ESTABLISH OUR LEGAL RELATIONSHIP. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

1. Your Agreement

These Terms govern: (i) your use of the Website; (ii) your provision of information while using the Website (“Submitted Content“); and (iii) your use of information obtained through the Website, including information, videos, audio, pictures, content, and other embodiments of intellectual property rights owned by The Memory Connection or its licensors and made available to you through the Website (collectively, the “The Memory Connection Content“). By accessing or using our Platform, you are acknowledging that you have read, understood, and agree to be legally bound by these Terms.

2. License Grant; Ownership; Reservation of Rights

Subject to these Terms, The Memory Connection grants you a limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to: (i) access and use the Platform solely for your personal, non-commercial purposes; and (ii) access and view any content, information, and related materials that may be made available through the Platform. This license grant is not a sale of the Platform or any copy thereof, and The Memory Connection retains all right, title, and interest in the Platform. The Memory Connection and its licensors and service providers reserve and retain all rights not expressly granted herein in and to the Platform. The Platform, the design of the Platform, The Memory Connection Content, and all software, technology components, text, graphics, information, content, and other material therein or displayed thereon are protected by copyright, trademark, and other intellectual property or proprietary rights laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. You agree that as between the parties, The Memory Connection (or The Memory Connection’s licensors or third-party providers, as applicable) is the owner of all right, title, and interest in and to the intellectual property and other proprietary rights in and to the Platform, including all enhancements, improvements, and derivatives.

3. Payment

3.1 Payments for Donations

The Memory Connection is a 501(c)(3) organization headquartered in Santa Monica, California. The Memory Connection accepts donations through the Platform as well as offline. In the course of making a donation, a third-party payment provider may receive and implement your payment information. By making a donation, you acknowledge that you are at least 18 years old, legally competent, and agree to all other provisions of these Terms.

3.2 Payments for Goods

In the course of purchasing merchandise or other goods through the Platform, a third-party payment provider may process your payment information. The Memory Connection will charge tax in states where such purchases are taxable. All sales of merchandise are subject to additional terms entered into at the time of purchase.

4. Grant of Rights

4.1 Grant of Rights to The Memory Connection in Submitted Content

By providing Submitted Content, you grant The Memory Connection a perpetual right to use, copy, reformat, modify, display, and distribute your Submitted Content for the purposes of providing Services to you and for operations, communications, and marketing.

4.2 Grant of Rights to You in The Memory Connection Content

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Platform and The Memory Connection Content solely for personal purposes.

5. Restrictions on Use

AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO FOLLOW OUR RESTRICTIONS ON USE, SET OUT BELOW. UNDER THESE TERMS, YOU WILL NOT:

• Upload, email, or otherwise transmit Submitted Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable in our sole discretion.
• Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.
• Submit material that is misleading, false, defamatory, threatening, or harassing.
• Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
• Transmit material that contains viruses or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
• Use the Platform to artificially generate traffic or page links to a Platform or for any other purpose not expressly allowed under these Terms.
• Use the Platform in a manner that could disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform, such as through sending “spam” email.
• Test or reverse engineer the Platform in order to find limitations, vulnerabilities, or to evade filtering capabilities.
• Seek to obtain access to any materials or information through “hacking”, “data harvesting”, or through other means we have not intentionally made available to you through the Platform.
• Use the Platform for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Platform to violate any law, statute, or regulation.

6. Monitoring; Revocation or Suspension of Use.

We reserve the right at any time to (i) monitor your use of the Platform, and (ii) terminate or suspend your use of some or all portions of the Platform if you engage in activities that we conclude, in our discretion, violate these Terms or our Privacy Policy.

Although we have no – and assume no – obligation to monitor activities on the Platform, please understand that we may employ filters designed to detect and block inappropriate content under these Terms. We reserve the right to request edits or to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Website Terms and Conditions of Use or our Privacy Policy. 

IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF SOME OR ALL OF THE PLATFORM AND PARTICIPATION IN OUR PROGRAMS AND TO REMOVE THE CONTENT AT ISSUE.

The Memory Connection reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

7. Reports and Complaints.

If you believe that a user has acted inappropriately, such as by violating our Policies, then you may report your concerns by contacting us as set out in Section 23 (Contact Us).

8. Health Content.

The materials provided on our Platform are not meant to be used for self-diagnosis or to replace the services of a medical professional. While The Memory Connection endeavors to keep the materials on our Platform current, healthcare information changes rapidly and thus, the materials on our Platform should not be relied upon to be fully comprehensive or error free. The Memory Connection does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the programs, materials, products or other information provided on our Platform or by the companies or organizations linked or referred to in our Platform. The information is not intended to replace the services of a medical professional. The Memory Connection does not advocate that you attempt to treat yourself, your family or someone you know. The Memory Connection encourages you to seek the guidance of a healthcare provider if you feel that you, your family or someone that you know has a condition described on our Platform.

9. Contact for Alleged Copyright Infringement.

The Memory Connection respects the intellectual property rights of others and requires that its users do the same. If you believe that any The Memory Connection Content available on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA“), to respond to such concerns as follows:

Attn:    The Memory Connection DMCA Agent The Memory Connection

3019 Ocean Park Boulevard, Suite 106

Santa Monica, CA  90405

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the “Repeat Infringer Policy“). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user’s account, and/or any interim measures that we deem appropriate.

10. Publication of Submitted Content.

10.1. Submission of Submitted Content.

If you provide us with Submitted Content for posting on our Website, then we will treat the Submitted Content as nonconfidential and non-proprietary to you. By providing Submitted Content for such purposes, and subject to your rights in Personal Information set out in our Privacy Policy, you authorize us to use and allow others to copy, modify, display, distribute, perform, use, and otherwise exploit the Submitted Content in any manner and in any location, channel, or medium, all without compensation to you and for so long as we (or such users) deem warranted (collectively, the “Use Rights“). In addition, you authorize us to grant any third party some or all of the Use Rights. Moreover, by providing Submitted Content for any reason, you represent and warrant that: (i) you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the content and to grant the Use Rights and to otherwise use the Submitted Content as contemplated; (ii) the Submitted Content will not infringe upon, violate, or otherwise conflict with any third party rights; and (iii) if the Submitted Content depicts a person or persons, then each person depicted has provided you with consent to use the Submitted Content as set forth in these Terms. The Memory Connection acts only as a passive conduit for your distribution of your Submitted Content. We take no responsibility and assumes no liability for any Submitted Content that you or a third-party-posts, sends, or otherwise makes publicly available via the Platform. You shall be solely responsible for your Submitted Content and the consequences of posting, publishing, sharing, or otherwise making it publicly available on our Platform. You understand and agree that you may be exposed to Submitted Content on our Platform that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We shall not be liable for any damages you allege to incur as a result of or relating to any Submitted Content.

10.2. Information about Others.

If you provide us with information about another individual or otherwise engage us to provide Services to another individual, you expressly acknowledge and agree that you have sufficient legal authority to act on that individual’s behalf.

10.3. Right to Decline Submitted Content.

We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content that we conclude, in our sole discretion, violates these Terms, or our Privacy Policy, or is incompatible with the purposes of our Website or operations.

11. Links to Third Party Sites.

The Platform may contain links to third party websites or third-party features (collectively, the “Linked Sites“). Linked Sites may include websites operated by third parties that we engage to provide certain Services on our behalf. The Memory Connection does not own these Linked Sites and The Memory Connection does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites. The Memory Connection does not endorse the content of any Linked Site, nor does The Memory Connection warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Platform to link to another site (including Linked Sites), you agree and understand that such use is at your own risk.

12. User Conduct; User Disputes.

We have no obligation to become involved in disputes between Site users. If you have a dispute with another Site visitor, then you release The Memory Connection (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

13. Warranty Disclaimer.

THE MEMORY CONNECTION DOES NOT PROMISE THAT THE PLATFORM OR THE MEMORY CONNECTION CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE PLATFORM AND THE THE MEMORY CONNECTION CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS OR USE THE PLATFORM OR THE THE MEMORY CONNECTION CONTENT YOU DO SO AT YOUR OWN RISK.

THE MEMORY CONNECTION DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. THE MEMORY CONNECTION EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY INACCURATE INFORMATION OR BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO OR USE OF THE PLATFORM AND THE MEMORY CONNECTION CONTENT IS AT YOUR SOLE RISK.

14. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, SHALL THE MEMORY CONNECTION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM OR THE MEMORY CONNECTION CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE SITE, THE MEMORY CONNECTION CONTENT, OR SERVICES EXCEED U.S. $1,000.00. You agree that in the event that you have any right, claim, or action against any third party arising out of such party’s use of the PLATFORM, then you will pursue such right, claim, or action independently of and without recourse to us.

15. Indemnification

You agree to defend, indemnify, and hold The Memory Connection and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or the Privacy Policy.

16. Suspension of Services and Accounts.

The Memory Connection may suspend the provision of the Platform, or any portion thereof at any time and for any reason in its sole discretion, including, but not limited to if (i) The Memory Connection reasonably believes that the Platform is being used in violation of these Terms, or the Privacy Policy; (ii) you fail to cooperate with any investigation of any suspected violation of the Terms, or the Privacy Policy; (iii) The Memory Connection reasonably believes that the suspension of the Platform is necessary to protect The Memory Connection and its users; or (iv) as requested by a law enforcement or regulatory agency.

17. Modifications to these Terms.

We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Platform. Please feel free to print out a copy of these Terms for your records.

18. Assignment.

These Terms shall not be assignable by you, either in whole or in part. The Memory Connection reserves the right to assign its rights and obligations under these Terms.

19. General.

These Terms shall be governed in all respects by the laws of the State of California without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the judicial district that includes Los Angeles, California The parties further agree that any cause of action arising under these Terms, or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The Memory Connection’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Subject to Section 22 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between The Memory Connection and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

20. Additional Terms.

Certain portions of the Platform offered through it may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.

21. Survival.

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive the termination of these Terms and shall apply indefinitely: (i) Section 2 (License Grant; Ownership; Reservation of Rights); (ii) Section 13 (Warranty Disclaimer); (iii) Section 14 (Limitation of Liability); (iv) Section 15 (Indemnity); (v) Section 18 (Assignment); and (vi) Section 19 (General).

22. Relationship to Privacy Policy and Other Contracts.

These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Platform (if any), (ii) with our Privacy Policy, and (iii) with our Authorization and Consent (as this term is defined in our Privacy Policy). The provisions of our Privacy Policy, and our Authorization and Consent are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, or our Authorization and Consent, then (a) the terms of our Authorization and Consent shall control over our Privacy Policy and these Terms, and (b) the terms of our Privacy Policy shall control over these Terms.

23. Contact Us

If you have any questions about these Terms or your dealings with our Platform, please contact us at [email protected].

24. Effective Date

The effective date of these Terms of Use is December 31, 2024