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RECITALS

WHEREAS, Memories LLC, is the owner and provider of My Memory Box and has chosen to provide their unique, and exclusive process to individuals and families who want to retain the memories of their loved ones through My Memory Box.

WHEREAS, Memories is hereby agreeing to provide access to Memories System which provides immediate capacity to attach videos to a Memorial Stone, obituaries, photos, and create a Memory Box. Your friends and family will also have access to the following additional benefits:

  1. As a Primary Member of My Memory Box, you may invite up to five additional family members, known as guests, to attach other videos, music, and memories to the same chosen images at no additional costs.

  2. All other family members and friends will have the capacity to download our Memories App and instantly view all video content attached to the chosen markers.

  3. Once the Content has been attached, anyone with an IOS or Android approved phone or tablet can download the Memories App for free and view the Content on the Memorial Marker or photos carrying the video Content.

THEREFORE: in consideration of the mutual covenants contained herein and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Memories and the Primary Member, have entered into this agreement and agree to the terms and conditions attached as “Exhibit A” of this document and made reference herein. Memories has entered into an agreement with other providers to provide a patented technology that expresses the uniqueness of that technology to deliver the Memories product. The limits and scope of that technology are available exclusively to all authorized, and enrolled Primary Members upon submitting the proper enrollment documents and agreeing to the TERMS and CONDITIONS of this document.

Memories will provide the following:

  1. As an enrolled Member or Guest of Memories you will have immediate access to the patented technology which allows you to attach video content to still images such as: Memorial Markers, photos, gifts, books, business cards, and greeting cards.

  2. You will be able to download the Memories App and attach and retrieve personalized messages to still images through your approved IOS or Android smart phone or tablet.

  3. Each new enrolled Primary Member will receive authorization to attach videos and view them for up to 600 times over a ten year period.

  4. If the Member and authorized guests exceed the incremental limits of the initial membership, they may extend the capacity by submitting the then current fee which should rarely exceed $10.  

  5. The Content can be attached and viewed by invited guests in any language, anywhere you have access to the internet.

  6. Each enrolling Primary Member will pay a one-time fee attached to this document which entitles that Primary Member and up to five additional Guests to attach and retrieve video content to selected markers.

  7. Each enrolled Member and Guest agrees to the Terms and Conditions attached as Exhibit A of this document.

EXHIBIT A

    MEMORIES TERMS AND CONDITIONS

These Services enable Memories to exchange or provide content in the public space with Memories users ("Users") or users of  third parties.

The collection of  all Memories content, encompassing the Digital Content and the Reference Images, is referred to as “Third Party Content”. When adding content, it is important that you respect locations, intellectual property rights, privacy and the rights of  third parties at all times. All Third Party Content will appear through the Memories API and My Memory Box website.

 

  1. PROVISION OF THE SERVICES

 

  1. You agree that the form of the Services may change from time to time without prior notice to you. Such changes can include but are not limited to bug fixes, patches, modified functionalities, new versions of the Platform, and/or modifications in the provision of Optional Services, facilities and/or support.

 

  1. You understand and accept that we may involve affiliated companies in providing the Services to you.

 

  1. Memories provides the Services and all Optional Services with reasonable care and skill. You understand and accept that the Services are provided "as is" and "as available". Memories will always make a best effort to ensure its Services perform well and do not contain defects.

 

  1. You agree that we may provide you with written or electronic notices (e.g. by e-mail, regular mail, SMS, MMS, social media messages, or postings).

 

  1. USE OF THE SERVICES

 

  1. Each Primary Member has the responsibility to provide(1) ) full compliance with applicable laws and regulations, and, more in particular, that it shall not contain material that is offensive, degrading, indecent, libelous, obscene, pornographic or otherwise objectionable or material from other works protected by intellectual property rights, without the written consent of the owner of such rights, other than excerpts permitted legally;(2) Third Party Content may not contain malware, malicious or harmful code, program or other internal components which could damage, destroy or adversely affect other software, hardware, data or services;(3) ) if the Third Party Content contains pornographic, obscene, abusive, violent or any other explicit material that could be harmful to persons under the age of 18 years, you will refuse to publish it.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

  1. You acknowledge and agree that Memories or Memories’ licensors own all right, title and interest, including but not limited to intellectual property rights, in and to the Services. All intellectual property rights with regard to the Services will remain solely with Memories or its licensors. Conversely, all intellectual property rights with regard to the Third Party Content will remain solely with you.

 

  1. Unless we have agreed to this in writing, or our guidelines explicitly permit this, you are not allowed to use any logo or any other trademark, service mark, graphic owned by Memories or its licensors and used in connection with the Services.

 

  1. MISCELLANEOUS

 

  1. Entire Agreement. The recitals set forth at the beginning of this Agreement are incorporated by reference and made a part of this Agreement. This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Furthermore, no modification of this Agreement shall be binding unless in writing and signed by each of the parties hereto.

 

  1. Governing Law and Choice of Forum. This Agreement is made and entered into within and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Utah, without regard to the principles of conflicts of laws.

 

  1. Primary Member One-time Membership Fee    $49.95