TERMS OF USE

For My Wow Memories

Effective Date: August 15, 2021
Last Modified: September 21, 2021

My Wow Adventures, LLC. (“My Wow Memories,” “we” or “our”) offers different types of accounts, ranging from free (“Free Account”) to paid accounts.

These general Terms of Use (“Terms”) govern your access to, and use of, the Services. You should carefully read these Terms and the applicable agreement before using the Services because by using and/or visiting the Services, you agree to be bound by these Terms and the applicable agreement. If you are using the Services on behalf of an organization, you are agreeing to these Terms and the applicable agreement on behalf of that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

If you do not agree with these Terms, immediately stop using our Services.

We reserve the right to change, update or cease to offer our Services or any part thereof, or to update these Terms at our discretion. If we do, we will notify you by revising the date at the top of this.

ACCOUNT SPECIFIC TERMS

Free Accounts

Your Free Account allows you to share up to 21 media files for any single event. We may limit, change, or modify the functionality that we provide to Free Accounts at any time. We reserve the right to embed a watermark or to add a bumper (including a third-party bumper) in any videos published from your Free Account. You agree not to remove watermarks/bumpers from such videos unless you upgrade to one of our “Paid Accounts''. By embedding a watermark or adding a bumper in such videos, we are not endorsing, and we assume no liability for, the content of such videos or their use. Finally, you agree that we may terminate your Free Account at any time, without notice and, if your Free Account is inactive for ninety (90) days, we may also delete any or all of your media files and published videos without providing additional notice.

Free accounts are not intended for use by an organization - School, Business or other. My Wow Memories defines organizational use as multiple users from the same email domain. These include, but are not restricted to, limiting the number of users signing up from a single organization, concurrent logins, and the ability to edit and publish videos. If we feel that your account is part of an organizational use, we reserve the right to make changes to your account.

Paid Accounts

My Wow Memories offers you the option to upgrade your Free Account to a Paid Account for a fee. My Wow Memories offers Monthly and Yearly subscriptions that auto-renew on a monthly or annual basis. My Wow Memories Subscriptions auto-renew and will be charged to your iTunes account automatically every month unless you cancel your subscription at least 24-hours before the end of the current billing period. The cost of renewal will be charged to your account in the 24 hours prior to the end of the current period. You acknowledge that the amount billed each subscription cycle may vary for reasons that include differing amounts due to promotional offers, or differing amounts due to changes in our pricing.

If you wish to cancel your Paid Account at any time, you may do so via your mobile device Settings on the Subscriptions page. Once you choose to cancel your Paid Account, it will remain active for the remainder of your current subscription period but will not be renewed once that subscription term expires. You will not receive a refund for pre-paid portions of your subscription term. For example, if you have selected an annual subscription, your Paid Account will remain active for the remainder of that annual term and then be downgraded to a Free Account at the end of the Term.

My Wow Memories may change the fees and charges in effect for the next billing cycle, but we will give you advance notice of these changes. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your Apple ID account payment page via the settings on your device.

My Wow Memories Paid accounts are prepaid and are non-refundable, except as required by law. MY WOW MEMORIES DOES NOT PROVIDE REFUNDS OR CREDITS.

PRIVACY POLICY

Data privacy is important to My Wow Memories. We believe you should always know how information about you is collected, used, and disclosed by My Wow Memories when you use our services, or otherwise interact with us. My Wow Memories provides a Privacy Policy explaining how we collect and process your personal data and protect your privacy when you use our Services. By using our Services, you agree that My Wow Memories can use such data in accordance with our privacy policies.

GENERAL TERMS

User Content

By using our Services, you provide us with information, media files, video projects and final My Wow Memories videos (“My Wow Memories Videos”) that you submit to and create at My Wow Memories (collectively your “User Content”).

You retain full ownership of your User Content. We do not claim any ownership of any of it. These Terms do not grant us any rights to your User Content or intellectual property except for the limited rights that are needed to provide the Services, as explained below.

In order to provide the Service, we need your permission to host, share, distribute, display, and perform your User Content. This is called a license. By uploading User Content to the Services, you grant My Wow Memories this license solely as is necessary to provide the Services, including sharing your User Content with third party service providers, for example Amazon Web Services, which facilitates our file sharing functionality.

If you are using the Services on behalf of an organization (for example a school), My Wow Memories may include the organization’s name in a list of organizations using My Wow Memories on the My Wow Memories website.

You are solely responsible for your conduct, the content of your media files and video projects, and your communications with others while using the Services. We reserve the right, but have no obligation, to review your User Content at any time to ensure it does not contain any Prohibited Content. For the purpose of these Terms, “Prohibited Content” includes any content that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “phishing” emails, “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that is sexual or violent in nature; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. We are not responsible for the accuracy, completeness, appropriateness, or legality of media files, My Wow Memories Videos, user posts, or any other information you may be able to access using the Services.

Your Responsibilities

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third-party. You are responsible for any activity using your account, whether or not you authorized that activity. If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. You should immediately notify My Wow Memories of any unauthorized use of your account.

You are required to provide an email address in order to use the Services. You may be required to verify your email address and accept to receive emails from My Wow Memories to use certain features of the Services.

You are required to provide your mobile phone number in order to use the Services. Your mobile phone number is used to receive event invitations via SMS. You may be required to verify your mobile phone number and accept to receive SMS messages from My Wow Memories to use certain features of the Services. Mobile messaging and data rates may apply.

Media files and other content in the Services may be protected by intellectual property rights of others. You are expressly prohibited from copying, uploading, downloading, or sharing files unless you have the right to do so. You, not My Wow Memories, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not My Wow Memories, are responsible for maintaining and protecting all of your User Content. My Wow Memories will not be liable for any loss or corruption of your User Content, or for any costs or expenses associated with backing up or restoring any of your User Content.

By agreeing to these Terms, you are representing to us that you are over 13 or that you have parental consent as described in our Privacy policy online, which is hereby incorporated in these Terms of Use by reference. PARENTS please read our Privacy Policy to understand how you can control and limit the information your child shares.

Software

Services may include downloadable software, which may update automatically on your device to newer versions. We grant you a worldwide, non-exclusive and non-transferable right to use the Services for any purpose that does not knowingly infringes on existing intellectual property rights. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.

Intellectual Property and Feedback

These Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in forums without any obligation to you.

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the My Wow Memories trademarks, logos, domain names, or other brand features.

All trademarks and/or service marks displayed on the Services are the exclusive property of their respective owners, and may not be used without the owner's permission.

Acceptable Use Policy

You agree not to misuse the Services. For example, you must not attempt to use the Services to do the following things:

• probe, scan, or test the vulnerability of any system or network;
• breach or otherwise circumvent any security or authentication measures;
• access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, My Wow Memories (or our service providers’) computer systems;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
• plant malware or otherwise use the Services to distribute malware;
• access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
• send unsolicited communications, promotions or advertisements, or spam;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• publish any Prohibited Content;
• impersonate or misrepresent your affiliation with any person or entity; or
• violate the law in any way, or to violate the privacy of others, or to defame others.

Copyright

Notice of Copyright or Intellectual Property Infringement

My Wow Memories respects others’ intellectual property and asks that you do too. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, My Wow Memories will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our designated agent listed below in writing, by mail.

To be effective the notification should include:

• 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 such works;
• identification of the claimed infringing material and information reasonably sufficient to permit My Wow Memories to locate the material on the Services;
• information reasonably sufficient to permit My Wow Memories to contact you, such as an address, telephone number, and, if available, an e-mail address;
• statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.

We reserve the right to remove any User Content alleged to be infringing and to terminate repeat infringers.

You acknowledge and agree that upon receipt of any notice of claimed infringement, My Wow Memories may immediately remove the identified materials from the Services and may disclose the notice to the party that originally posted the materials, without liability.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by mail to our designated agent below. That written communication should include the following:

• a physical or electronic signature of the user;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• the user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the user's address is outside of the United States, the Federal District Court for the Northern District of California, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send all notices under the above copyright infringement policies by email to the following individual, designated as My Wow Memories's agent for receipt of notifications of claimed infringement: My Wow Adventures, LLC. support@mywowmemories.com.

Repeat Infringers

Your account will be terminated if, at My Wow Memories' sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Other Content

The Services may contain links to third-party websites or resources. My Wow Memories does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

My Wow Memories reserves the right to replace, remove or charge for any or all Content Materials including graphics, transitions, music, sound effects, special effects and fonts. My Wow Memories can do this at any time without providing prior notice to the users.

The Content Materials that My Wow Memories offers are licensed to My Wow Memories and its users by the individual artists and partners. This content can be used in any video project without providing credit to the individual creators. In some cases, My Wow Memories partners have End User License Agreements (EULAs) that My Wow Memories is required to publish and that you must agree to in order to use the services of My Wow Memories. One such case is Footage Firm, Inc.

Termination

You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

My Wow Memories is Available “AS-IS”

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then MY WOW MEMORIES hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from MY WOW MEMORIES, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, My Wow Memories does not make any warranties that the Services will be uninterrupted, secure or error free or that your use of the Services will meet your expectations, or that the Services, or any portion thereof, is correct, accurate, or reliable. My Wow Memories reserves the right to change any part of the Services at any time without notice. My Wow Memories has no responsibility for any harm to your computer system (including, for clarity, any mobile device-based systems), loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MY WOW MEMORIES, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT MY WOW MEMORIES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of My Wow Memories and its affiliates shall not exceed THE AMOUNTS PAID BY YOU TO MY WOW MEMORIES FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

Fair Use Policy on Storage and Export Time

Some of the My Wow Memories subscription plans do not have set limits on storage or export time. Instead, we have a fair use policy, which limits total storage usage to a maximum of 1TB and export time to 96 hours. In addition, the fair use policy assumes you are not violating our terms of service and are not intentionally abusing the service by using excessive disk storage or video creation allowance.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and My Wow Memories with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third-party beneficiary rights. My Wow Memories’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but My Wow Memories may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. My Wow Memories and you are not legal partners or agents; instead, our relationship is that of independent contractors. Neither My Wow Memories nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance). There are no third-party beneficiaries to these Terms. The export and re-export of data via the Services may be controlled by the United States Export Administration Regulations. The Services may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States and you are solely responsible for ensuring that Administrators and End Users do not use the Services in violation of any export restriction or embargo by the United States. In addition, Customers must ensure that the Services are not provided to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.