Welcome to Millcreek Memories, Inc. d/b/a Millcreek Memories (“Millcreek” or “we”). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected]. These Terms of Service (the “Terms”) are a binding contract between you and Millcreek. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. Your use of the Services and our website constitutes your agreement with and to be bound by all terms and conditions included in these Terms as well as the terms outlined in the Privacy Policy, which is incorporated here in by reference.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email,
and/or by some other means. If you don’t agree with the new Terms, you are free to reject them by discontinuing your use of the Services; unfortunately, that means you will no longer be able to use the Services. Your use of the Services in any way after a change to the
Terms is effective and serves as your acceptance of and agreement with any such changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Our Service involves memorializing important digital memories (i.e., images, videos, and audio files, in physical form through unique QR codes embedded in jewellery or other physical items. By its nature, the Service involves the collection and processing of your personal information.
SHOULD YOU BE FOUND TO HAVE VIOLATED THESE TERMS AND CONDITIONS, MILLCREEK, IN ITS SOLE DISCRETION HAS THE RIGHT TO SUSPEND OR CANCEL YOUR SUBSCRIPTION, LEADING TO THE PERMANENT DELETION OF YOUR PERSONAL INFORMATION, INCLUDING THE SAVED DIGITAL MEMORIES.
ONCE YOUR PERSONAL INFORMATION IS DELETED, YOUR UNIQUE QR CODE WILL NO LONGER FUNCTION.
The Services are inherently tailored to each unique user and therefore Millcreek will not offer refunds or returns. Should your QR Code malfunction for any reason during the subscription period, Millcreek will take steps to correct the technical issues causing the malfunction,
including either redirecting or replacing the QR Code.
- From time to time, our website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- The Service uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for use by third parties..
Upon signing up for the Services and at subsequent times as requested by us, you agree to provide Millcreek with your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, email address, contact phone number, credit card information, and other data which may be necessary to administer your Millcreek account (“Account”) (collectively, “Registration Data”). You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that Millcreek suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Millcreek has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by you, your business(es), affiliates and all users of your Account. At all times, you shall maintain and promptly update Registration Data. Upon completion of all Registration Data and acceptance of this Agreement, Millcreek will provide you with, as applicable, a password(s), user ID(s), and other account information. You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify Millcreek of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall Millcreek be liable for any unauthorized use of your Account.
Millcreek processes personal information as described in its Privacy Policy which is incorporated herein by reference. As noted in the Privacy Policy, Millcreek retains personal information until:
–You request your information to be deleted
–Your subscription is terminated, either because you have proactively cancelled the subscription or due to nonpayment
–The discovery of any violation of the Terms and Conditions, which will result in the immediate deletion of your account.
Once your personal information, including the digital memories, is deleted, your unique QR code will no longer function.
You shall not use the Service for any illegal or unauthorised purpose and you shall not break any relevant laws while using it (including, but not limited to, copyright and privacy laws). All activities relating to your account are strictly your responsibility. Without limiting the foregoing, you may not use the Service in connection with any content ("Account Content") that is illegal (in any applicable jurisdiction) or that infringes or promotes the infringement of any third-party copyright, patent, trademark, service mark, trade secret, or other intellectual or proprietary right. If you do not follow the above guidelines, we may immediately cancel your access to and use of the Service.
You may not use the Service to protect or memorialize any memories that include or may be interpreted to include the following:
– Violence
– Pornography
– Hateful content
Millcreek retains the right to determine, in its sole discretion, whether the content of digital memories violates these Terms and Conditions.
Should Millcreek determine that the content violates the Terms and Conditions for use of the Services, including the basic safety rules, Millcreek will, at its sole discretion and possibly without prior notice, immediately disable the account in question and permanently delete the digital memory. Additionally, should Millcreek determine, at its sole discretion, that the content violates any state of federal law or regulation, Millcreek retains the right to report such violations to the appropriate law enforcement authority, including, but not limited to, proactively disclosing the content.
- The Service and the Software and all Intellectual Property Rights in the Service and Software are, and shall remain, our exclusive property. All rights in and to the Service and Software are hereby expressly reserved and retained by us without restriction, including, without limitation, our right to sole ownership of the Software and documentation, logos, trademarks, images, text, graphics, illustrations, audio, videos, music and trade secrets.
- “Millcreek Memories ”, the Company’s logo and other graphics, logos, and service names are trade-names of the Company. Such trade-names may not be used in connection with any product or service that is not our product, or in any manner that disparages or discredits the Company.
- You agree not to (and not to allow any third party to): (a) use trade names, service marks, logos, domain names and other proprietary rights associated with the Service for any purpose without our express written consent; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service or the Software.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction of this material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- We respect other people’s intellectual property, and we expect you to do the same. Please email us at [email protected] with your information if you feel your work has been duplicated in a way that violates your copyright.
- You have the option to stop using the Service at any time. Your access to the Service is based on a subscription model that you may terminate by choosing not to renew for a new subscription period. Should you terminate your subscription, Millcreek will permanently delete your personal information, including your digital memory.
- We reserve the right to discontinue, alter, or change the Service at any time and without prior notice. We reserve the right to discontinue support and/or distribution of the App at any time, as well as to change the material available for each type of subscription or access to the Services, without prior notice. We may also suspend or deactivate your account and/or your ability to use the Service for any reason (without being obligated to provide you with a reason), and you waive any claim, demand, or allegation against us.
- Any breach of these Terms may result in the termination of your right to access and use the Service, among other things.
- Your use of any information or materials on this website and Service is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MILLCREEK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION..
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Warranty Disclaimer. Millcreek does not make any representations or warranties concerning the Services. Additional services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Millcreek. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- These Terms are subject to and governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflicts of laws provisions.
- For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the courts located in Youngtown, Ohio.
- Provisions that, by their nature, should survive termination of these Terms shall survive termination. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, storage of user information, customer feedback, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, future changes, interpretation, dispute resolution, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law..
- Force Majeure. Millcreek shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Millcreek reasonable control.
- If you have any questions regarding these terms of service please feel free to email us [email protected].