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Welcome to LivingMemory™, owned and operated by Living Memory International Pty Ltd ACN 109 229 567 (also referred to as we, our or us).  We know you want to get on with enjoying and sharing your life’s memorable moments, but to avoid us getting into any arguments in the future it is important that you understand the terms and conditions on which we are providing material and services to you and our other members and guests (Users) through this Internet facility ( LivingMemory).
  1. You may use LivingMemory only in accordance with the Terms.
  2. We do not gain ownership of any material you provide to us or through LivingMemory unless you say so.  You give us a perpetual, royalty free, irrevocable, assignable, worldwide licence to exploit all existing and future copyright in any material you provide to us or through LivingMemory (including the right to reproduce, publish, adapt, rent, modify and communicate the material to the public), solely in connection with the operation of LivingMemory including the promotion of us and/or LivingMemory and/or any goods and services provided by or otherwise connected with us or LivingMemory.
  3. We may vary or amend the Terms at any time without notice.  These changes will be effective immediately they are posted on LivingMemory.  You should keep a copy of the Terms for your records and periodically check LivingMemory for any changes to these documents.
  4. You must be 18 years old or over or have a person 18 years old or over guarantee your compliance with these terms and conditions in order to become a registered member of LivingMemory.
  5. If you are a user of the licence fee-free features of LivingMemory, we hereby grant you a limited, non-exclusive licence to use those free features of LivingMemory solely for your personal, non-commercial purposes and for as long as you continue to access those free features or those free features are available in LivingMemory.
  6. If you are a licence fee-paying user, we hereby grant you a non-exclusive licence to use the fee-incurring features of LivingMemory solely for your personal, non-commercial purposes. and for as long as you pay and continue to pay the requisite licence fee and those features are available in LivingMemory.
  7. We retain all rights, title, and interest in and to all features of LivingMemory and nothing you do in relation to any features of LivingMemory will transfer any of our Intellectual Property Rights to you.
  8. The licences granted in clauses 5 and 6 of these Terms are subject to the following:
    • you may not assign or sub-license the licence to any person;
    • you may use the relevant features only in accordance with these Terms and our Use Policy.
    • you must not make, sell, resell, import or cause to be made, sold, resold or imported any of LivingMemory's features or any other part of LivingMemory; and
    • you must not appropriate, copy or in any manner reproduce or reverse engineer LivingMemory's features or any part of LivingMemory.
  9. If you are a licence fee-paying user, you may cancel your registration at anytime by notifying LivingMemory. LivingMemory will not refund any fees paid by you to LivingMemory.
  10. LivingMemory may immediately cancel all licences granted to you if you breach any of the Terms at any time. In the event of breach or threatened breach of these Terms, LivingMemory may institute and pursue any action or proceedings available to it against you and recover any damages or seek any remedies available to it as a result of the breach. LivingMemory may take such action without any notice to you. ,
  11. In any event. LivingMemory may, at any time and in its absolute discretion, cancel any licence granted to you. LivingMemory will not refund any fees paid by you to LivingMemory.
  12. We may suspend Users’ access to LivingMemory or any related goods or services at any time to conduct maintenance on LivingMemory.
  13. We will send electronic mail or other mail to you, for the purpose of informing you of changes or additions to LivingMemory or of any LivingMemory's related products and services. If you do not want to receive such mailings, you may opt out at any time by using the unsubscribe link listed in the e-mail or at your preferences page.
  14. You are responsible for providing all computer software and equipment and telecommunications links necessary to use LivingMemory through the Internet.
  15. You must maintain the secrecy of any passwords provided to or used by you in order to use LivingMemory and accept full liability for the conduct of any person using your password.  You must immediately notify us if there is any breach of security or unauthorised disclosure or use of your password and log out any device connected to LivingMemory before leaving the device unattended.
  16. We use reasonable care in preparing and presenting material provided by us on LivingMemory.  Generally we do not pre-screen User or other third-party contributions to LivingMemory and we are under no obligation to verify material provided by those third parties.  You acknowledge and agree that you may be exposed to material that does not comply with the Terms when using LivingMemory. 
  17. All material on or accessible via LivingMemory is supplied for information and reference purposes only, and you should contact the User or other third party supplying the material, or us, if you have any specific enquiries.  Material provided on LivingMemory is not a substitute for professional advice and you must make your own independent enquiries regarding any issue arising from LivingMemory or material on or obtained from it.
  18. YOU ACCEPT ALL LIABILITY ARISING FROM ANY MATERIAL YOU MAKE AVAILABLE THROUGH LivingMemory.
  19. WE MAKE NO STATEMENTS OR GUARANTEES RELATING TO THE OPERATION OF LivingMemory OR THE SERVICES OR MATERIAL IT PROVIDES.  TO THE FULL EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT THESE ITEMS (WHETHER SUPPLIED BY USERS OR OTHERWISE) ARE SECURE, ACCURATE, SUITABLE FOR YOUR REQUIREMENTS, ALWAYS AVAILABLE, COMPLETE OR CURRENT.
  20. AS FAR AS THE LAW ALLOWS, WE TAKE NO RESPONSIBILITY AND DISCLAIM ALL LIABILITY FOR MATERIAL OR SERVICES PROVIDED ON OR THROUGH LivingMemory, OR FOR DECISIONS MADE ON THE BASIS OF MATERIAL PROVIDED OR NOT PROVIDED THROUGH LivingMemory (WHETHER DUE TO OUR NEGLIGENCE OR OTHERWISE).  MATERIAL PROVIDED THROUGH LivingMemory IS IN NO WAY PROVIDED WITH OR AS OUR ADVICE, APPROVAL, RECOMMENDATION, ENDORSEMENT OR SPONSORSHIP, AND ANY REFERENCE, FRAME OR LINK TO OTHER WEBSITES FROM LivingMemory, OR ANY REFERENCE TO OTHER USERS, PEOPLE, SERVICES OR MATERIAL, IS PROVIDED ONLY FOR YOUR REFERENCE AND SHOULD NOT BE RELIED ON.
  21. AS FAR AS THE LAW ALLOWS, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COSTS (INCLUDING LEGAL COSTS), EXPENSE OR LIABILITY OF ANY KIND SUFFERED BY YOU OR ANY OTHER PERSON IN CONNECTION WITH LivingMemory OR GOODS OR SERVICES SUPPLIED IN CONNECTION WITH LivingMemory, WHETHER DIRECT OR INDIRECT, AND WHETHER WE WERE AWARE OF THE POSSIBILITY OF THAT LOSS OR DAMAGE OR IT WAS DUE TO OUR NEGLIGENCE OR OTHERWISE.
  22. WE MAKE NO STATEMENTS OR GUARANTEES AS TO THE AVAILABILITY OF ANY MATERIAL OR SERVICES THAT ARE PROMOTED ON LivingMemory.
  23. WE DO NOT WARRANT THAT THE CONTENT OF LivingMemory COMPLIES WITH THE LAWS OF ANY COUNTRY.  USERS ACCESSING LivingMemory DO SO AT THEIR OWN RISK AND ACCEPT RESPONSIBILITY FOR ENSURING OR CONFIRMING COMPLIANCE WITH ALL LAWS THAT APPLY TO THEM AS A RESULT OF THAT ACCESS OR ANY CONSEQUENT TRANSACTIONS OR DEALINGS WITH US, OTHER USERS OR THIRD PARTIES.
  24. WE DO NOT GUARANTEE AND MAKE NO REPRESENTATIONS REGARDING THE EFFECTIVENESS, LEGAL EFFECT, PURPOSE OR USE OF ANY WILL OR OTHER DOCUMENT, DIRECTION OR MATERIAL PROVIDED BY OR FOR THE USE OF USERS.
  25. EXCEPT AS REQUIRED BY LAW AND SUBJECT TO OUR PRIVACY POLICY, WE ARE UNDER NO OBLIGATION TO PROTECT, STORE, RETRIEVE OR RETURN TO YOU ANY MATERIAL OR FEEDBACK THAT YOU POST OR UPLOAD USING LivingMemory.
  26. TO THE FULL EXTENT PERMITTED BY LAW, WE ACCEPT NO RESPONSIBILITY FOR THE LOSS, ALTERATION OF OR DAMAGE TO ANY USER MATERIAL.
  27. YOU ARE LIABLE FOR ANY CLAIM BY US, ANOTHER USER OR THIRD PARTIES FOR LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED IN CONNECTION WITH YOUR USE OF LivingMemory OR MATERIAL THAT YOU PROVIDE THROUGH LivingMemory (INCLUDING CLAIMS THAT YOU HAVE INFRINGED OR THE MATERIAL INFRINGES CONFIDENTIALITY OR INTELLECTUAL PROPERTY RIGHTS) AND YOU INDEMNIFY US, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS AGAINST ANY SUCH CLAIMS AGAINST THEM.
  28. TO THE FULL EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES AND CONDITIONS IMPLIED BY LAW.  IF AN IMPLIED WARRANTY OR CONDITION CANNOT BE LAWFULLY EXCLUDED, THEN AS FAR AS THE LAW ALLOWS OUR LIABILITY WILL BE LIMITED TO, AT OUR OPTION:
    • RESUPPLYING THE RELEVANT GOODS OR SERVICES;
    • PAYING THE COST OF YOU ACQUIRING THE RELEVANT GOODS OR SERVICES, OR EQUIVALENT GOODS OR SERVICES; OR
    • IN THE CASE OF GOODS, REPAIRING THE GOODS OR PAYING THE COST OF REPAIRING THE GOODS.
  29. TO THE FULL EXTENT PERMITTED BY LAW, WE MAKE NO GUARANTEES THAT LivingMemory OR THE MATERIAL CONTAINED IN OR PROVIDED THROUGH LivingMemory WILL BE FREE OF HARMFUL COMPUTER VIRUSES, DATA, CODE OR PROGRAMS.  YOU SHOULD ENSURE YOU ARE USING AN UP TO DATE VIRUS SCANNER.
  30. TO THE FULL EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY DELAYS OR INTERRUPTIONS IN THE PROVISION OF OR LOSS OF MATERIAL OR SERVICES PROVIDED ON OR THROUGH LivingMemory.
  31. TO THE FULL EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUPPLIERS WILL BE LIABLE TO YOU, ANY PERSON CLAIMING THROUGH YOU OR ANY OTHER USER TO REPAY ANY AMOUNT OR FOR ANY ACTIONS, CLAIMS, PROCEEDINGS, LOSS, COSTS OR DAMAGES (INCLUDING LEGAL COSTS), OTHER EXPENSES, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSS OF PROFITS ARISING IN CONNECTION WITH LivingMemory OR OUR GOODS OR SERVICES, WHETHER OR NOT CAUSED BY OUR OR OUR SUPPLIER’S NEGLIGENCE.
  32. SUBJECT TO CLAUSE 27 AND TO THE FULL EXTENT PERMITTED BY LAW, IF WE ARE UNABLE TO EXCLUDE LIABILITY UNDER CLAUSE 30 OUR MAXIMUM TOTAL LIABILITY TO YOU OR ANY PERSON CLAIMING THROUGH YOU IN CONNECTION WITH THE TERMS OR LivingMemory IS THE LESSER OF US$50 AND THE AMOUNT PAID BY YOU TO US IN RELATION TO LivingMemory DURING THE PRECEEDING CALENDAR YEAR (LESS GST).
  33. YOU IRREVOCABLY RELEASE US FROM ANY CLAIM OR CAUSE OF ACTION THAT YOU MIGHT OTHERWISE HAVE AGAINST US IN CONNECTION WITH THE TERMS, LivingMemory OR ANY MATERIAL OR SERVICES SUPPLIED IN CONNECTION WITH LivingMemory, WHERE THAT CLAIM OR CAUSE OF ACTION IS NOT MADE AGAINST US WITHIN 12 CALENDAR MONTHS OF THE CLAIM OR CAUSE OF ACTION ARISING.
  34. At any time and without cause, notice or liability we may change LivingMemory’s format or change content that is not provided by you or refuse to publish or withdraw any material (whether provided by us, you, Users or other third parties) that does not comply with the Terms or on other reasonable grounds.
  35. Unless we agree otherwise, you agree to us communicating with you by electronic messages regarding LivingMemory, your material and goods and services supplied by us or in connection with LivingMemory.
  36. We will handle your personal information in accordance with our Privacy Policy.
  37. All material, trademarks, trade names, logos and any other intellectual property provided or accessible on or through LivingMemory are our property or the property of other Users or third parties and must not be reproduced or dealt with in any way without our or the owner’s consent, except as reasonably required for you to access and use LivingMemory in accordance with these Terms.
  38. Any link by you to LivingMemory must be given in a way that presents LivingMemory as we intended.  You must not frame or manipulate the material in LivingMemory or disguise its origin or ownership.  You must not, without our prior written consent, link to LivingMemory in any way other than providing a link to the LivingMemory home page.
  39. Unless otherwise indicated or agreed, all charges shown on LivingMemory are in United States dollars (US$) and exclude any value-added, sales, or goods and services tax or duties applicable in your jurisdiction.  You agree to pay us on demand any charges and taxes or duties applicable to the supply of LivingMemory or any related materials or services in your jurisdiction.
  40. Access to, use of and participation in LivingMemory and its related material and services is governed by the laws of New South Wales, Australia and all Users are bound by those laws and submit to the jurisdiction of its Courts.
  41. Nothing in LivingMemory is an offer to provide goods or services in any place if to do so would be in any way unlawful in that place.  You must not access LivingMemory from such a place or use it or anything obtained from it, in a way that would result in the breach of a law of that place.
  42. We may transfer or sublicense our rights and obligations under these Terms but you may not.
  43. The use of the word “including” in these Terms is not to be taken as limiting the meaning of the words preceding it.
  44. The Terms:
    1. express and incorporate the entire agreement between the parties in relation to their subject matter, and all the terms of that agreement except that any written terms and conditions applicable to a particular part of LivingMemory or any associated materials or services are incorporated to the extent they do not conflict with the Terms; and
    2. supersede and exclude any prior negotiation, understanding, communication or agreement by or between the parties in relation to that subject matter or any term of that agreement.
  45. The provisions of the Terms do not merge with any action performed or document executed by any party for the purposes of performance of the Terms.  Any representation in the Terms survives the execution of any document for the purposes of, and continues after, performance of the Terms.  Any indemnity agreed by any party under the Terms constitutes a liability of that party separate and independent from any other liability of that party under the Terms or any other agreement and survives and continues after performance of the Terms.
  46. Any failure by us to exercise any right under this document does not operate as a waiver and the single or partial exercise of any right by us does not preclude any other or further exercise of that or any other right by us.
  47. Nothing in the Terms may be construed as creating a relationship of partnership, of principal and agent or of trustee and beneficiary.
  48. The Terms are not to be construed to the disadvantage of a party because that party was responsible for their preparation.
  49. Any provision of the Terms that is invalid in any place is invalid only in that place to that extent, without invalidating or affecting the remaining provisions of the Terms or the validity of that provision in any other place.
  50. Where a word or phrase is defined in these Terms, other grammatical forms have a corresponding meaning.
  51. Any reference to a party to the Terms includes its successors and permitted assigns.
  52. If you do not agree to be bound by these Terms, you must not enter or continue using LivingMemory.
Thank-you for reviewing and agreeing to these terms and conditions.
Last updated: January 2009
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