Terms of Use

LAST UPDATED 30.12.2016

I. Introduction

We at KiDMEMO Ltd (“We”, Us”) welcome you to www.kidmemo.com (the “Service”).

These terms of use (the “Terms”) set forth the legally binding terms and conditions, which are applicable to your use of the Service. Please be reminded that the Terms constitute an agreement between you and us and define the rights and responsibilities that you have with respect to the Service. Therefore, we encourage you to carefully familiarize yourself with the Terms.

Your use of the Service constitutes your acceptance of the Terms.  Consequently, if you do not agree with the Terms, or do not understand them, please do not use the Service.

From time to time, we may modify or amend the Terms.  If we do so, we will post any such modifications or changes in the Service. If you continue to use the Service following such a posting, you accept any such change or modification.

We wish to remind you that you are solely responsible for any and all software, data, text, images, audio, video, and other content (“Content”) that you post in the Service, regardless of the form or manner in which you post it. Similarly, your use of, or reliance on, any material or content posted in the Service is at your own risk. 

We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Service.

We may, but have no obligation to:

  • Monitor, or moderate any material or content posted in the Service;
  • Remove any material or content from the Service; and
  • Restrict access to any part of the Service at any time in our sole discretion and without advance notice.

II. Description of the Service

KiDMEMO is a baby book that you can complete easily online - together with family and friends. Signing up and completing the book is free. When you are done, you can order a printed book for yourself or as a gift.

III. Registration

These Terms govern the use of the Service and by registering with the Service You accept the Terms and agree:

  • That you are of a legal age to form a binding agreement with us;
  • To provide true, accurate, current and complete information about yourself as prompted by the registration process;
  • To maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete; and
  • That if you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of the Service.

IV. User Rights

Subject to these Terms, we grant you a non-exclusive, non-transferable and non-sub-licensable right to use the Service for your own personal/internal purposes and only as set forth in these Terms ("License").

V. Prices

Registering to the Service is free, but use of the Service is priced according to the current price list available in the Service as amended from time to time. You agree to pay any and all applicable charges for the use of the Service to us in accordance with the price list currently in force.  All prices are subject to change with or without notice.   

VI. Payment


Payments with Visa, Visa Electron and MasterCard

Paytrail Oyj (2122839-7) acts as an implementer of the payment handling service and as a Payment Service Provider in cooperation with Finnish banks and credit institutions. In payments made with Visa, Visa Electron or MasterCard Paytrail Oyj will be shown as the recipient in the invoice and Paytrail Oyj will forward the payment to the merchant. 
Paytrail Oyj is an authorized Payment Institution.

Paytrail Oyj, business ID 2122839-7
Innova 2
Lutakonaukio 7
40100 Jyväskylä
Phone: +358 207 181830

Netbanks

Paytrail Oyj (FI2122839) provides netbank related payment transfer services in co-operation with Finnish banks and credit institutions. For consumer the service works exactly the same way as traditional web payments.

VII. Premium Features

Premium Subscription is available in the Service.  By using the Service and selecting the Premium Subscription, you agree to pay us the fees indicated for it. Applicable fees will be charged from you and payments will become due upon purchasing the Premium Subscription, unless agreed otherwise in writing.

If any charges are not received from you by the due date, then such charges accrue late interest at the maximum rate permitted by law. If any amount owed by you to us under these Terms for the Service is thirty (30) or more days overdue, we may suspend your use of the Service until you have paid such amounts in full. The Premium Subscription is billed in advance for a period of twelve (12) months (“Payment Period”) and is non-refundable. If you choose to upgrade or downgrade your selected plan, we will automatically charge the applicable new rate on your next billing cycle.

VIII. Cancellation

You are solely responsible for properly canceling the Service. We do not consider an e-mail or phone request to cancel the Service as an effective cancellation. You can cancel your account at any time by clicking on the Settings in the Service, then clicking on User Account, and clicking on Delete Your Account.  All of Your Content, as defined below in Section IX will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.  If you cancel the Service before the end of your current Payment Period, your cancellation will take effect immediately and you will not be charged again.

Please be reminded that we will automatically cancel the Service if any payments due to us are past due for more than 30 days. 

IX. User Content and Intellectual Property

a) User ContentYou acknowledge and agree that you are solely responsible for the Content that you post and any and all activity that occurs under your account (even if such Content is posted by someone else using your account), and that you have all rights necessary to upload all Content uploaded to the Service through your account (“Your Content”).

You further acknowledge and agree that Your Content and your other activities in connection with the Service do not, and will not, violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.  Moreover, you agree not to post any pornography or sex-related images of any kind to the Service. It is at our sole discretion to determine as to what constitutes pornography. Any Content displaying pornography will be deleted immediately.

b) Intellectual Property(i) GeneralWe respect your right to ownership of Your Content - you own Your Content. Unless specifically permitted by you, your use of the Service does not grant us the license to use, reproduce, adapt, modify, publish or distribute Your Content for our commercial, marketing or any other similar purpose.  However, you grant us permission to access, copy, distribute, store, transmit, reformat, and display Your Content solely as required for the purpose of providing the Service to you.

Intellectual property laws in the United States and in other countries protect the Service.  Aside from Your Content, these Terms confer only the right to use the Service, while these Terms and the specified license(s) are in effect and they do not convey any rights of ownership in or to the Service.  All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right related to the Service, including, but not limited to, the look and feel thereof, will remain our sole property.  Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without expressed written permission from us.

Moreover, by giving us suggestions or feedback about the Service, you thereby grant to us a worldwide, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, paid-up, irrevocable right (including moral rights) and license to fully exercise and exploit such suggestions or feedback (and all related rights) for any purpose.  Finally, any template or layout in which you arrange or Your Content through tools and features made available through the Service are not proprietary to you, and can be used by us and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be our sole and exclusive property.

(ii) Copyright InfringementWe respect the intellectual property rights of others.  We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”).  If you see any material on the Service that in your good faith belief may infringe someone's copyright, you may notify us by e-mailing us at contact@kidmemo.com with "Copyright" in the subject line.  In order for it to be effective, your notice, also known as a takedown notice, must include the following information:

  1. The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;
  2. A sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work;
  3. Your contact information, including your full name, mailing address, telephone number, and email address, if available;
  4. A statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and
  5. This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed"; and
  6. A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice.  When we receive your counter notice, we may in, our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity.  To provide a counter notice to us, you may email us at contact@kidmemo.com.  Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice.  To be effective, a counter notice must contain substantially all of the following information:

  1. Identification of the material that has been removed or to which access has been disabled in the Service and the location at which the material appeared before it was removed or access to it was disabled;
  2. Your name, address, telephone number and, if available, email address:
  3. Include both of the following statements in the body of the Notice: 
    "I hereby state under penalty of perjury that I have 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."
    "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which KiDMEMO Inc. may be found, and I will accept service of process from the complaining party who notified KiDMEMO Inc. of the alleged infringement or an agent of such person."
  4. Provide your full legal name and your electronic or physical signature.

X. Privacy and Security

Your privacy and the protection of personal data about you are very important to us. For a detailed description of how we collect and use personal data about you, please see our Privacy Policy and familiarize yourself with the choices you can make about the way in which we collect and use personal data about you.

In addition to what is stated in the Privacy Policy, you agree to:

  • Respect the privacy of other users;
  • Not engage in unauthorized collection of users' content or information, and/ or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
  • Not reveal any personal data related to another individual, including, but not limited to, a person's address, phone number, e-mail address, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;     
  • Not utilize a username that is the name of another person and intending to impersonate that person; and
  • Not provide any false personal data to us or create any user account for anyone other than yourself without such person's permission.
Moreover, by using the Service, You consent and agree to the collection and use of certain information about You and Your use of the Service in accordance with our Privacy Policy and applicable laws and regulations related to personal data.

Please be reminded that you must protect any passwords or other credentials associated with your account(s) for the Service, and take full responsibility for any use of the account(s) under your password.  You hereby acknowledge that you bear the full and sole responsibility for adequate security, protection and backup of Your Content. We disclaim any liability to you for any unauthorized access to or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content.

XI.       General

(i) The Service is Available "AS-IS"Your access to and use of the Service is at your own risk.  You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis.  Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon.  We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service.  Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or Content and other communications maintained in the Service.  We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  No advice or information, whether oral or written, obtained from the Service or our representatives, will create any warranty not expressly made herein.

(ii) Links to Third Party WebsitesThe Service may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only.  We are not responsible for any such third party websites and do not have control over any materials or content made available therein.  Our inclusion of a link to a third party website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein.  By accessing a third- party website you accept that we do not exercise any control over such websites or their content.  We have no responsibility of the content of any third-party website.  We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.

(iii) Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

(iv) IndemnityYou agree to indemnify and hold us harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.  Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.

(v) Entire AgreementThese Terms are the entire agreement between you and us regarding the Service, and the Terms supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Service.

(vi) Waiver and SeverabilityOur failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.

(viii) Governing Law and Resolution of DisputesThe laws of Finland, without regard to or application of its conflict of law provisions, will govern these Terms and any claim, cause of action or dispute arising out of or relating to these Terms will be brought solely in the courts of Helsinki, Finland. You hereby consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

XII. Contact

The Service is operated and provided by KiDMEMO, Inc.  If you have any questions about these Terms, please contact us at contact@kidmemo.com.

XIII. Term and Termination

We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion.  Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service at any time.  We will, however, inform you of major changes to the Service in advance.

Accounts that have not been used for the last two years will be removed from the Service immediately.
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