MementoPix Inc. offers access to the following services (“services”): a website, an online photo book editor and a photo uploader application. These services are accessible via an internet browser and offered to clients (“users”-plural / “user”-singular). Users are categorized as follow: a school/league/organization represented by employees and volunteers entrusted in an administrative capacity (“schools”), parents/guardians (“parents”) and students/contributors (“students”) . The services are intended for the creation of yearbooks, memory books and annual publications (“yearbooks”).
By accessing and using our services, the user agrees to be bound by these Terms.
If the user does not agree to be bound by the Terms, then the user should not access any MementoPix Services.
USER ACCOUNT, ACCESS AND ELIGIBILITY
To use MementoPix services, the user must create an account (“account”) to become an official member (“member”). During the account creation process, the user is required to provide mandatory information including a user name and password. The user agrees to provide truthful information when creating his/her account. MementoPix reserves the right to ban, suspend or terminate the user’s account if the information provided by the user is not accurate.
The user is responsible for the safe storage of his/her account password and is responsible and accountable for all activity and actions made under his/her account. The User will immediately notify MementoPix of any security breach or unauthorize use of his/her account. MementoPix is not responsible, liable and accountable for any activities and actions performed under a user’s account.
If the user is under the age of 13 and/or if the school/organization is located in a country/state/province where legislation exist to protect children’s online privacy, the user must obtain authorization to the create an account on his/her behalf via a permission form supplied by their school and signed by their parent.
While using the services, a user may submit/enter/upload/publish (“post”) content (“content”) including but not limited to photos, digital images, scanned documents, hyperlinks, email addresses, physical addresses, proper names, phone numbers, and any type of text. A user may not post content that is defamatory, obscene, pornographic, abusive, libelous, invasive, illegal, insulting, degrading, encouraging of illegal actions, undermining of a person’s or organization’s reputation, and any forms of content likely to go against public morals or which demonstrates insensitivity towards others.
MementoPix does not monitor or control content and is not responsible for the content posted by users. Users are responsible for all the Content made available through its services.
The school hold the authorization to monitor, change or remove any user-posted content for any reason. Should a user not agree to the removal of or to changes made to the content, the user must contact the school to seek redressment. MementoPix is not responsible or liable for user content-related matters, and will not be involved in any dispute over changes or removal of user content.
Users agree that they are either the owner of the content or have the right, licenses or permission required to use and publish it through services. Users agree not to infringe copyright, intellectual property or violate any rights applicable by law or regulation. User failing to do so will have their account terminated immediately.
Users grant all other related fellow users under the same account a limited, non-exclusive, non-transferable license to access, edit, modify, view, download and print any content submitted by the user. Users do not have the right to sub-license, sell, or use any part of the content for commercial purposes.
MementoPix does not provide content transferal mechanisms to schools, parents, students or users in general for use of content outside its services or across accounts. Content may be removed (deleted) once the content or account is no longer in use, following Child Online Privacy regulations and MementoPix’ own determination.
The following terms apply specifically to schools regarding their obligations related to services in addition to all other terms described in this term of use agreement.
The school is solely responsible to ensure that it will not violate any applicable law in their country/state/province, and it will monitor the usage and the content posts of users with respect to these laws/regulations. The school is solely responsible to enforce and to be compliant with the Child Online Privacy Protection Act (e.g. COPPA) or any other privacy regulations that are in force in their country/state/province.
The school is solely responsible to determine who will be a user and will validate the integrity of user-posted content. The school will administer permission forms should parental consent forms be required for under-age children and/or for children protected under online privacy legislation. The school is solely responsible to delete any accounts of under-age user if a parent requests the account be terminated.
The school is solely responsible for upholding local/board/district regulations regarding photography restrictions on individuals/students. Schools maintaining a “do not photograph” list must verify contents to ensure that its obligations to parents and students have been met.
The school is solely responsible for all consequences of not respecting its obligation in this section of the Terms and accepts complete liability for all of its obligation. MementoPix hereby disclaims any and all liability for the school’s failure to perform its obligations under the Terms.
MementoPix agrees to respect the privacy of its users and the contents posted by users. MementoPix acknowledges and agrees that it does not have the right to or copyright over content submitted by users. MementoPix cannot sell, rent or distribute any content without the full consent of the school. MementoPix’ only default granted right is to send the completed yearbook submitted by the school to a designated printing service to fulfill the requested orders authorized by the school.
MementoPix respects copyright law and expects users to do the same.
YEARBOOK USAGE AND LIMITATION
Access to the yearbook contents in the online photo book editor is available for free via the school’s account for the duration of twelve consecutive months. The yearbook design must be finalized during this period. Once the book is finalized or the twelve-month period is completed and submitted to printing services, the book will be locked and uneditable, and no new content may be added to the book. Should an extension of the twelve month period be required, the school may contact MementoPix to request one. A fee may be applied to extend access to the book’s contents past the twelve-month period.
Following the submission of the book to printing services or subsequent to the end of the twelve month period (whichever even occurs first), the book contents (pages design, photos) will be available for an additional eighteen months to allowing the school to reuse the contents in part or in whole in other books.
Following the eighteen-month period, the book’s contents will be deleted as per the rules of online privacy acts/COPPA rules.
The services are designed to be as intuitive to use as possible. The online book editor and related services feature a complete searchable support portal, including a detailed knowledge base, video tutorials, a forum and an email contact form, available on-demand directly from the services.
MementoPix offers direct support to schools. For usage training, MementoPix offers free group webinars to schools during the first term of the North American school year (September-November). Additional discretional webinars may be offered to explore a particular feature set in-depth.
Support services are offered through the support portal’s contact form by submitting a ticket. Normal turn-around times for ticket is one business day or less. Submitting a ticket is the only means to initiate support services. Failure to provide complete information may result in service delays. MementoPix is not responsible for delays in service encountered due to email spam filtering or network service delays.
WARRANTIES AND DISCLAIMERS
No warranty. The services are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, MementoPix makes no warranty that (i) the services and materials will meet your requirements, (ii) the materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be effective, accurate or reliable, (iv) the quality of any services or information purchased or obtained by you from the services will meet your expectations, and (v) any errors in the services will be corrected.
Errors. The services may include technical or other mistakes, inaccuracies or typographical errors. MementoPix may make changes to the services, including the prices and descriptions of any services at any time without notice.
Liability. In no event shall MementoPix be liable to users or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not MementoPix has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the services.
Users may not remove or alter any copyright and trademark. Users do not have the rights to use, copy, adapt, modify any works of the Services except as specifically permitted in the Terms.
Users cannot and do not have the right to attempt to decipher, decompile, disassemble or reverse engineer any portion of the Services.
Users cannot distribute, sell, rent any part of the Services except as specifically permitted in the terms.
If a users breaches any of these Terms, MementoPix reserved the right to suspend, disable or delete his/her account as it sole discretion and without prior notice.
MementoPix reserves the right to investigate and prosecute for violations of any Terms by users. MementoPix may be required by law enforcement authorities to cooperate and give information about users account and activities.
LINKS TO OTHER SITES
The services may contain links to other independent third-party web sites (“linked sites”). These linked sites are provided merely as a convenience to users. Those linked sites are not controlled by MementoPix and MementoPix is not responsible for the content on those linked sites.
You hereby indemnify to the fullest extent MementoPix from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
GOVERNING LAW AND JURISDICTION
The Terms shall be governed by the statutes and laws of the Province of Quebec, Canada. The Users agree to irrevocably attorn to the jurisdiction of the courts of the Province of Quebec.
These Terms constitute the entire agreement and supersede all prior agreements, understandings or representations, oral or written, relating to the subject matter hereof with the exceptions of a Non-Disclosure Agreement agreed with a user or a school to form an extension to this agreement.
CHANGING THE TERMS
MementoPix may at any time modify these terms and it is your responsibility to visit this page periodically for updates.
(Last updated on 2020-04-02)