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Welcome to RemindsMeofU.com (the "Site"). Please read these Terms and Conditions carefully. They contain the legal terms and conditions that govern your use of and access to the Site as well as the provision of products and services. By entering and using the Site, you are signifying your assent and acceptance of these Terms and Conditions and that you agree to be bound by them. Acceptance of these Terms and Conditions creates a binding contract between you and D & B Keepsakes, LLC and requires you to use the Site only in a manner consistent with these Terms and Conditions. If you have questions about these Terms and Conditions, please contact info@remindsmeofu.com. Your use of this Site is entirely conditioned on and subject to your compliance with these Terms and Conditions. If you disagree with these Terms and Conditions for any reason, do not access or use the Site.

• 1. Use of the Site

  You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, the Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without D & B Keepsakes, LLC's prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in D & B Keepsakes, LLC's sole discretion.

• 2. Your Member Account

  You may create a member account with the Site by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify D & B Keepsakes, LLC of any unauthorized use of your account on the Site.

  In order to create a member account with our Site, you must be at least 13 years of age. You represent to D & B Keepsakes, LLC that you are at least 13 years old. If you are not at least 13 years old, please do not set up an account with our Site.

• 3. Your Use of our Site

  Subject to and conditioned upon your compliance with these Terms and Conditions, D & B Keepsakes, LLC grants to you a non-exclusive, nontransferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Submitted Materials as defined below), solely as made available by D & B Keepsakes, LLC and solely for your own personal purposes. Except as expressly authorized by these Terms and Conditions, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site or create derivative works of any portion of the Site without the written consent of D & B Keepsakes, LLC. While using our Site, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
  • Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
  • Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  • Violate any applicable laws or regulations;
  • Upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes D & B Keepsakes, LLC's or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
  • Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site;
  • Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site;
  • Display adult nudity or inappropriate child nudity;
  • Upload photographs of people who have not given permission for their photographs to be uploaded to a share site;
  • Use the Site for the sale of goods or services;
  • Post objectionable material, such as material containing hate or malicious content or offers for adult services, or terrorism or advocacy of violence.
• 4. Third-Party Websites, Software and Services

  The Site may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that D & B Keepsakes, LLC and the Site direct you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges.

  Other websites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. You agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

  We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.

• 5. Materials Submitted by Customer

  Any materials submitted by you, including (without limitation) photographs, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following:

  • You will retain ownership of such User Submitted Materials, and you grant D & B Keepsakes, LLC and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the provision or production of any product or service you request. We use User Submitted Materials only in connection with products or services we provide that you request, and for no other reason.
  • Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through D & B Keepsakes, LLC are not proprietary to you, and such template or layout shall be the sole and exclusive property of D & B Keepsakes, LLC.
  • You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
  • You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms and Conditions, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to D & B Keepsakes, LLC a copy of any such consents, releases and/or permissions upon D & B Keepsakes, LLC's request). If you do submit a Submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.
  • You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any User Submitted Materials (including, without limitation, suspended processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to protect ourselves or our affiliates, distributors, partners, licensors or other third parties, to comply with legal obligations or governmental requests.
• 6. Copyright Issues

  While we aren't obligated to review User Submitted Materials for copyright infringement, D & B Keepsakes, LLC is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) 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); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counternotices regarding D & B Keepsakes, LLC should be sent to:

  D & B Keepsakes, LLC 10305 S Wenonga Lane Leawood, KS 66206

• 7. Indemnity

  You agree to indemnify and hold D & B Keepsakes, LLC and their directors, officers, shareholders, employees, consultants, agents, representatives, affiliates, distributors, partners, licensees, producers, manufacturers and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from: (i) your breach of these Terms and Conditions, any other agreement or terms of use with D & B Keepsakes, LLC and any representation or warranty contained herein or therein; (ii) your User Submitted Materials; and/or (iii) your activities in connection with obtaining any products or services from D & B Keepsakes, LLC.

• 8. Disclaimer of Warranties

  Except for the express warranties contained in these Terms and Conditions, the products and services, including all materials incorporated therein, are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, D & B Keepsakes, LLC, and their affiliates, distributors, partners, licensors, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, noninfringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course dealing, course of performance or usage of trade. Note: applicable law may not permit the exclusion of implied warranties, so the above exclusions may not apply to you. No statement of D & B Keepsakes, LLC or any of its employees, agents, representatives, distributors or other third parties, shall create any warranty other than those expressly contained in these terms.

• 9. Limitation of liability

  To the fullest extent permissible by applicable law, neither D & B Keepsakes, LLC nor any of their directors, officers, shareholders, employees, agents, representatives, affiliates, distributors or partners shall be liable for any indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of business, loss of profits or loss of data), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the provision of products or services. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with products is to obtain a refund therefore in accordance with these terms. To the fullest extent permissible by applicable law, the maximum liability of D & B Keepsakes, LLC arising out or in connection with the provision of or failure to provide any products or services shall be the actual price paid therefore by you. Note: some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

• 10. Termination

  Either you or D & B Keepsakes, LLC may terminate your access to the Site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the Site will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any User Submitted Materials. Upon termination, D & B Keepsakes, LLC may delete all information, files and materials related to your account, including any User Submitted Materials, and you agree that D & B Keepsakes, LLC shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, D & B Keepsakes, LLC shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.

• 11. Miscellaneous

  These Terms and Conditions are governed by and construed in accordance with the laws of the State of Kansas, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located within fifty (50) miles of Johnson County, Kansas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms and Conditions, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms and Conditions, and the remainder of these Terms and Conditions and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms and Conditions are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms and Conditions may not be modified. Any heading, caption or section title contained in these Terms and Conditions is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.