Wedding | Family Photographer | Denver | Memoirabilia

                  hello@memoirabilia.com

  • Memoirabilia Photography
  • Memoirabilia Photography
  • Memoirabilia Photography
  • Memoirabilia Photography
  • Memoirabilia Photography
  • Memoirabilia Photography

303.999.8881

Wedding | Family Photographer | Denver | Memoirabilia
Wedding | Family Photographer | Denver | Memoirabilia
Follow Us @memoirabilia

© 2019. Memoirabilia. All Rights Reserved. Privacy Policy. Terms of Use. Return Policy. Subscription Policy. Careers.

Terms of Use

1. Agreement to Terms

These terms of use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, Memoirabilia, (we, us, or our) concerning your access to and the utilization of the website, memoirabilia.com, as well as any other media form, media channel, mobile website, or mobile application related, link, or otherwise connected there to collectively referred to the "site". You agree that by accessing the site you have read, understood, and agree to be bound by all of these terms of use. If you do not agree with all of these terms of use, then you are prohibited from using this site and you must discontinue use immediately. 

 

1. (a)  Agreement to Terms

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms of use at any time and for any reason. We will alert you about any changes by updating "last updated "date of these terms of use. You waive any right to receive specific notice of any change. It is your responsibility to periodically review these terms of use to stay informed of updates. You will be subject to and will be deemed to have been made aware of it and have accepted the changes of any revised terms of use by your continued use of the site after the date such revised terms of use are posted. The information provided on the site is not intended for distribution to use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law, regulation, or which would subject us to any registration requirements within such jurisdiction or country. Those persons whom choose to access the site from other locations do so on their own initiative and they are solely responsible for compliance with local laws, if and local laws are applicable.

 

2. Intellectual Property Rights

If we terminate or suspend your account for any reason, you cannot register and create a new account under your name, or the name of any third-party, even if you may be acting on behalf of the third-party. In the event of terminating your account due to false identification, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

3. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the site at any time for any reason within our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the marketplace offerings without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings. We cannot guarantee this Site and/or the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, discontinue, or otherwise modify the site or the marketplace offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and/or the Marketplace Offerings during any downtime or inconvenience caused by your inability to access or use the Site and/or the Marketplace Offerings during any time downtime or discontinuance of the Sites and/or the Marketplace Offerings. Nothing will have construed us to maintain and support the Site and/or the Marketplace Offerings or to supply any corrections, updates, or releases in connection.

 

4. Governing Law

These terms of use and your use of the Sites and/or the Marketplace Offerings are governed by and construed in accordance with the laws of the state of Colorado applicable to agreements made it to be entirely within the state of Colorado, without regard to the conflict of law principles.

 

5. Dispute Resolution

 

5. (a) Binding Arbitration

If the parties are unable to resolve the dispute through informal negotiations, the case will be resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association (AAA) and, where appropriate, the AAA supplementary procedures for consumer related disputes and AAA consumer rules are both of which are available at the AAA website (www.adr.org.) Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA consumer rules and where appropriate, limited by the AAA consumer rules. The arbitration may be conducted in person, through the submission of documents, by the phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law. The arbitration will take place in Denver County, Colorado. Except as otherwise stated the parties may litigate in court to compel arbitration, case proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator. If for any reason rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Denver County Colorado, and the parties hereby consent to form non-convenience with respect to the venue and jurisdiction in such state and federal courts. Application of the United Nations convention on contracts for the international sale of goods in the Uniform Computer Information Transaction Act (UCITA) excluded from these terms of use. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute dealing with that portion of this provision found to be illegal or unenforceable and such dispute it shall be decided by a court of competent jurisdiction within the course listed for jurisdiction above and the parties agree to submit to the personal jurisdiction of that court.

 

5. (b) Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceedings be there is no right or authority for any dispute to be arbitrated on a class action basis or to utilize class action procedures and see there is no right or authority for any dispute to be brought in an appointed representative in capacity on behalf of the general public or any other persons.

 

5. (c) Expectations to Arbitration

The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration aid any disputes seeking to enforce or protect, or concerning the validity of, and the intellectual property rights of a party be any dispute related to you, or arising from, allegations of theft, piracy, invasion of privacy, or on authorized use see any claim for injunctive relief. If this provision is found to be illegal or unenforceable, and neither party will elect to arbitrate any disputes falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agreed to submit to the personal jurisdiction of the court.

 

5. (d) Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to charge or update the information on the site at any time, without prior notice.

 

6. Disclaimer

This site is provided on an as is and as available basis. You agree that your use of this Site services will be at your own risk. To the fullest extent permitted by law, whereas claim all warranties, express or implied, in connection with this Site and your use thereof, including, without limitation, the implied warranties of the merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Sites content or the content of any websites leading to this Site and we will assume no liability or responsibility for any errors, mistakes, or in accuracies of content and materials, two personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this Site, unauthorized access or to use of our secure server and or any and all personal information and or financial information stored there in, for any interruption or cessation of a transition to or from the site, any bugs, viruses, Trojan horses, or the life which may be transmitted to or through the site by any third-party, and or any errors or omissions in any content and materials or for any loss or damage of any kind in cured as a result of the use of any concert posted, transmitted, or damage of any kind in cured as a result of the use of any content posted, transmitted, or otherwise made available via site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertisement or offered by a third-party through the Site, any hyperlink website, or any website or mobile application featured in any banner or other advertising, and we will not be apart of or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service, with any media or in any environment, you should use your best judgment and exercise caution where appropriate.

 

7. Limitations of Liability

We, or our directors, employees, or agents will not be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of this Site. Notwithstanding anything to the contrary contained herein, our liability to you for any calls whatsoever and regardless of the form of the action, will at times be limited to the lesser of the amount paid, if any by you, to us, or Memorabilia.com. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to use some or all of the above disclaimers or limitations may not apply to you, you may have additional rights.

 

8. Indemnification

You agree to hold us harmless, including our subsidiaries  affiliates, and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by either party due to or arising out of one use of the Site to breach of these terms are therein a breach of our representations and warranties set forth in these for terms of use for your violation of the rights of a third-party including but not limited to intellectual property rights by any overt harmful act toward any other user of the Site via this Site. Notwithstanding the foregoing, we reserve the right, at your expense, and control of any matter for which you are required, operate at your expense, with or defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this information upon becoming aware of it.

 

9. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine, responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. We have no liability to you for any loss or collection of any such data, and you hereby waive any rights or action against us arising from any such loss or corruption of such data.

10. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms are electronic communications. You can send and receive electronic communications, all agreements, notices, disclosures, and other communications we provide to you electronically, via email is on the Site, to satisfy any legal requirements that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and electronics delivery of notices, policies, and records of transactions initiated or completed by us or via this Site. You waive any rights or requirements, regulations, or other laws it would require in the original signature for delivery or attention of non-electronic records, or to payments or the granting by any means other than electronic means.

 

11. California Users and Residents

If any complaint with us is not satisfactory, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of consumer affairs in writing at 1625 North Market Blvd. Suite North 112, Sacramento, CA 95834 or by telephone at 1-800-952-5210 or 916-445-1254.

 

12. Miscellaneous

These terms of use any policies or operating rules posted by us on the site or in respect to the site constitutes the entire agreement and understanding between you and us. Our failure to exercise or to force any right or provision of these terms of use shall not operate as a waiver of such rights or provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any calls beyond a reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, or unenforceable, that provision apart of the provision is deemed separable from these terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the Site. You agree that these terms of use will not be construed against us by virtue or as having drafted them. You hereby waive any and all the senses you may have based on the electronic form of these terms of use and the lack of signing by the parties here to execute these terms of use. 

 

Contact us in order to resolve the complaints regarding the site or to receive further information regarding the use of the Site, please contact us at:

 

Memoirabilia

191 University Blvd #367

Denver CO 80206

3039998881

hello@memoirabilia.com

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