Terms and Conditions

MEMORY IN WAVES TERMS AND CONDITIONS

Effective date: 15 May 2020

These Memory In Waves Terms and Conditions (the “Terms”) is a legally binding agreement by and between an individual user or entity (“you” and “your”) accessing the website https://memoryinwaves.com and the related product and services (collectively, “Memory In Waves”) and the operator of Memory In Waves, namely, Juan Herrera having an address at 9318 Skokie blvd., P.O. Box 4512, Skokie, IL 60077-1300, the United States of America (“we”, “us”, and “our”). By accessing and/or using Memory In Waves, you agree to be legally bound by these Terms. If you do not agree with one or more provisions of these Terms, please do not use Memory In Waves. 

Contents

  1. General Information
  2. The User Account
  3. The Products
  4. Shipping and Delivery
  5. Placing Orders (technical steps to conclude a sale contract)
  6. Payment Processing
  7. Your Content
  8. Marketing, Advertisement, and Notices
  9. Prohibited Use
  10. Intellectual Property
  11. Disclaimer of Warranties
  12. Limitation of Liability
  13. Governing Law and Disputes
  14. Miscellaneous
  15. Contact
  1. General Information

1.1 About Memory in Waves. Memory in Waves is an e-commerce website allowing you to order and purchase customised items featuring audio or video recordings depicted in sound waves (the “Products”).

1.2 Minors. Memory In Waves is not marketed to and should not be accessed and used by persons under the age of 18. 

1.3 License to use Memory In Waves. We grant you a personal, revocable, non-exclusive, non-transferable and limited license to use Memory In Waves pursuant to these Terms. 

1.4 Disclaimer. Although we regularly monitor the Products and all information available on Memory In Waves, we do not guarantee the accuracy, reliability, currency, relevance, and completeness of Memory In Waves

1.5 Support. Any questions about the Products or requests for customer or technical support should be addressed to our support team by email at [email protected].

1.6 Privacy and other relevant terms. We are committed to protecting your right to privacy and complying with the applicable data protection laws. Therefore, before using Memory In Waves, you are strongly encouraged to review our privacy policy available at https://memoryinwaves.com/privacy-policy (the “Privacy Policy”) and our Cookie Policy available at https://memoryinwaves.com/cookie-policy, which explain in detail our practices and procedures for collection and processing of your personal data through Memory in Waves. Other terms that include important provisions governing your use of Memory In Waves are made available on Memory In Waves. 

1.7 Third-party links. Memory In Waves may contain links to websites and services that are owned, operated and controlled by third parties (e.g., social media or payment service providers). These Terms apply to your use of Memory In Waves only. Unless otherwise provided by the applicable law, we are not responsible or liable in any manner for acts and omissions of third parties, the quality of services provided by third parties, and security and privacy practices deployed by the operators of third-party websites, applications, and services. We encourage you to be aware when you leave Memory In Waves and ask you to assess carefully each and every website or service that you access from Memory In Waves.

1.8 Availability. We put reasonable efforts to ensure that Memory In Waves is always accessible to you. However, the availability of Memory In Waves may be affected by factors which we cannot reasonably control, such as bandwidth problems, equipment failure, or force majeure events. We take no responsibility for the unavailability of Memory In Waves caused by such factors.

  1. The User Account 

2.1 Registration of the User Account. In order to access and use the full functionality of Memory In Waves and purchase the Products, you are required to sign up by creating a user account (the “User Account”), submitting the requested personal data, accepting these Terms, and reviewing our Privacy Policy. If you do not agree with one or more provisions of the said documents, you are not allowed to register the User Account; by registering the User Account, you acknowledge and agree that you have read the said documents. We may monitor and review new User Accounts and we reserve the right to refuse the registration of any User Account at our sole discretion. You are not allowed to assign your rights under these Terms and the User Account is not transferable. When completing the registration of the User Account, you acknowledge, agree and warrant that you will: 

  • Comply with these Terms and all applicable laws; 
  • Provide only true, accurate, complete, and up-to-date information, including personal data; and 
  • Be solely responsible for all information and activities that occur under your User Account. 

2.2 Security of User Account. You are solely responsible for maintaining the security of your login details. You must immediately notify us of any unauthorised use of your User Account or any other breaches of security. You are also responsible for using secure Internet connection and protected networks when accessing Memory In Waves. If you decide to change your password, you are required to create a strong password. We cannot and will not be liable for any loss or damage resulting from your failure to take precautions, as necessary to protect yourself and your devices from viruses, malware, worms, Trojan horses, and other harmful or destructive content.

2.3 Deletion, suspension, and termination of the User Account. At any time, you may delete the User Account by contacting us directly. We may suspend, disable, or delete your User Account (or any part thereof) if we have a reason to believe, at our sole discretion, that you have violated any provision of these Terms or that your conduct tends to damage our reputation and goodwill. If we delete your User Account for the foregoing reasons, you may not re-register. We may also suspend or terminate the User Account upon a lawful request of a public authority.

  1. The Products

3.1 Availability of the Products. The Products are fully customisable and have limited quantities. The Products are available for as long as they are displayed on Memory In Waves. The notice “out of stock” placed next to the Products indicates that the Products are not available. We reserve the right, but are not obliged, to:

  • Limit the sales of the Products for any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis; 
  • Limit the quantities of the Products for sale;
  • Change the descriptions of the Products or pricing at any time with or without a prior notice; and 
  • Discontinue the sale of the Products at any time.

3.2 Accuracy of the Products. We make every effort to display as accurately as possible the colours and images of the Products. However, we cannot guarantee that the monitor of your device will display the colours and images of the Products accurately. Although we put reasonable efforts to assure the quality of the Products, we cannot warrant that the quality of the Products purchased or obtained by you will meet your expectations.

3.3 The Files. To order the Products, you can submit audio/video recordings or other materials (collectively, the “Files”). We use the Files and the data in the Files only for producing the Products ordered by you; the Files shall not be accessed or used by us for any other purpose. We reserve the right to process the Files in a manner that, at our sole discretion, suits best the Products ordered by you (for example, we may enlarge or shorten the waveform resulting from the File to fit the size of the Product ordered by you). By submitting the Files, you acknowledge and agree that:

  • You are solely responsible for the content of the Files;
  • Any information in the Files was obtained in a lawful manner and does not infringe these Terms  (especially, section 9 of the Terms) or any applicable laws; 
  • You are solely responsible for making sure that the Files are accessible for the production of the Products; and 
  • We shall not be responsible in any manner for the content, language, errors, inaccuracies, or the availability of the Files as well as your use of the Products customised on the basis of the Files.   

3.4 QR codes on the Products. In some cases, the Products may contain QR codes that link to the location of the Files submitted by you. We cannot and shall not be liable in any manner if the QR code is accessed, scanned or used in any other manner by third parties (e.g., persons in public places) after the Product is delivered to you. You are solely responsible for keeping the QR code on the Product in a safe and confidential manner and limiting the exposure of the QR code to third parties. We further bear no responsibility whatsoever for the Files and the QR codes that are amended, removed, or de-linked after the Products are delivered to you.

3.5 The Prices. All prices of the Products (the “Prices”) are displayed in USD (United States dollars), excluding taxes and delivery costs. The delivery costs and applicable taxes will be indicated after you add the Products to your shopping cart. The delivery costs will be added to your order at the checkout page. No additional charges will be applied by us without your express agreement. The Prices remain valid as long as they are indicated on Memory In Waves. The Prices are subject to a change without a notice.

  1. Shipping and Delivery

4.1 Delivery. We will arrange for the Products you purchase to be delivered to the delivery address that you specify during the checkout process. You are solely responsible for providing the correct shipping address. Please note that we do not deliver to P.O. boxes. Any applicable shipping charges will be calculated and displayed to you during the checkout. After you complete the checkout process and your Products are prepared for a delivery or dispatched, you will receive a shipment confirmation with a tracking number. The estimated delivery times, fees, and the countries we ship to are available at https://memoryinwaves.com/estimated-delivery-time. Please note that the delivery time is an estimate and may depend on the operations of our third-party delivery service providers. If you do not receive your Product(s) during the specified delivery periods, please contact us and we will look into your order.

4.2 Our responsibility. We are not responsible for any customs fees and taxes applied to your orders containing the Products. All fees imposed during or after shipping (tariffs, taxes, etc.) have to be paid by you. We do not reimburse any of such fees. We are not liable for any Products that were damaged during shipment. If you receive any damaged Products, please contact us. If the damage was caused by our shipping partner, you may need to file a claim with it.  

4.3 Delivery delay. We use reasonable endeavours to deliver your Products on or before the date for delivery; however, we cannot guarantee delivery by this date as the delivery is executed by our third-party delivery partners. Although we try to prevent it, delivery delays may occur. If you experience any problems with delivery, please contact us and we will look into your order. If our shipping partner is unable to deliver your Products, such failure occurs due to your fault, and you do not collect your Products from our delivery partner within the relevant time limit, we may agree to arrange for re-delivery of the Products; however, we reserve the right to charge you for the actual costs of re-delivery. An indicative list of the situations where a failure to deliver will be your fault is set out below: 

  • You provided the wrong address for delivery;
  • There is a mistake in the address for delivery that was provided;
  • The address for delivery is not reasonably or safely accessible;
  • If in-person receipt is not required, there is no easy and secure means of leaving the Products at the address for delivery and there is no person available to accept delivery; and
  • If in-person receipt is required, there is no person available to provide a signature.
  1. Placing Orders (technical steps to conclude a sale contract)

5.1 Placing Orders. To purchase the Products, you need to place an order on Memory In Waves (the “Order”) and conclude a sale contract. To conclude a sale contract on Memory In Waves, please:

  • Visit the webpage of the chosen Product, specify its colour and size, and insert the URL of the sound file to be displayed on the Product;
  • Add the selected Product in your online shopping cart by clicking on the button “Add to cart”;
  • Click on the icon “Shopping cart” located at the right top corner;
  • Review the Order, make the necessary corrections, and click on the button “Proceed to checkout” or click on the PayPal button if you would like to pay by PayPal;
  • Add billing and shipping details;
  • Click on the button “Proceed to payment”; 
  • Choose your payment method and enter your payment details; and
  • Check the box “I have read and agree to the website terms and conditions*” and click on the button “Place order”.

5.2 Order confirmation. After you place the Order, we will send you a confirmatory email informing you about the details of your Order. By completing the payment and receiving a confirmatory email, you conclude a sale contract in English between you and us on the basis of the version of the Terms applicable on the date of the Order. After receiving your payment, the Order will be processed and the Products will be shipped. By placing the Order, you represent that you are at the eligible age to conclude contracts in your jurisdiction.

5.3 Correcting input errors. You will be able to identify and correct any input errors prior to clicking on the “Proceed to payment” button. If you have made any input errors in your shopping cart, please click on the icon “Shopping cart” and correct your error. If you would like to change or correct any input errors in the billing address, the shipping address, and the billing option, please go to the checkout page and edit the section in which you would like to make changes. 

5.4 Availability of contracts. The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your Order, please consult your User Account or contact us at [email protected].

5.5 Order cancellation. The Orders may be cancelled before the Products are sent for production. As soon as the Products are in the production process, the Orders cannot be cancelled. Therefore, if you decide to cancel your Order, you have to inform us by email [email protected] as soon as possible. After receiving your request, we will let you know whether the cancellation of the Order and the refund-related thereto is available. We do not guarantee that the Order can be cancelled in all cases. 

5.6 Returns and refunds. Taking into account that the Products are made to your specifications and are clearly personalised, we do not accept returns of the Products, do not issue refunds for the Products, and do not exchange the Products. You are solely responsible for ordering the right size or colour of the Products. For more information, please refer to our return policy available at https://memoryinwaves.com/return-policy.   

5.7 Reasonable wear and tear. You agree to accurately follow the care instructions available on the label of the Products. After a number of washes or wear, the Products may display reasonable wear and tear, i.e., damage that naturally and inevitably occurs as a result of normal wear, care, or ageing of the Products. We disclaim any warranties regarding wear and tear of the Products and, therefore, you are not eligible for a refund or exchange if the Products ordered by you show ordinary wear and tear after wearing or washing them.

5.8 Faulty Products. If the Products are faulty, you are kindly requested to contact us as soon as possible (no later than 14 days from the day you receive the Products) and express your concerns. We will respond to your request without undue delay.

  1. Payment Processing

6.1 All payments related to the Orders will be processed by our third-party payment processors PayPal and Stripe (the “Third-Party Payment Processors”). You agree not to hold us liable for payments that do not reach us because you have quoted incorrect payment information or the Third-Party Payment Processors refused the payment for any other reason. 

6.2 Please note that the Third-Party Payment Processors may collect from you some personal data, which allows them to process the payments requested by you. Unless it is strictly necessary for accountancy purposes, we do not collect or store any payment information provided by you to the Third-Party Payment Processors, including your credit/debit card numbers or bank account numbers. The Third-Party Payment Processors handle all the steps in the payment process through their systems, including data collection and data processing.

  1. Your Content

7.1 When using Memory In Waves, you may submit certain types of content, including the Files, reviews, links, text, and images (collectively, the “Your Content”). Some of Your Content may become available to other users of Memory In Waves. 

7.2 You are not allowed to submit Your Content that violates these Terms or any applicable laws, including (without limitation) intellectual property laws. You are not allowed to (i) submit Your Content that you consider to be private or confidential and (ii) make publicly available personal data of persons who have not provided you with their prior authorization or consent to share that personal data.

7.3 We do not own any of Your Content. You are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or the right to use Your Content.

7.4 Your Content may be reviewed by our staff members and sent to third-party verification services (e.g., spam prevention services). We reserve the right, but are under no obligation, to refuse or remove Your Content that, in our reasonable opinion, violates the Terms, any of our other policies, or is in any way harmful or objectionable.  

7.5 By submitting Your Content through Memory In Waves, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of providing Memory In Waves, producing the Products, or any other purposes for which Your Content was provided.

7.6 You are solely responsible for creating, keeping, and maintaining any backup copies of Your Content or other information submitted to, through, or in relation to Memory In Waves. 

7.7 You further acknowledge, understand, and agree that, due to technical issues, errors, human error or similar, some or all of Your Content may remain available to other users of Memory In Waves after your User Account is deactivated. 

7.8 We do not represent or imply that we endorse Your Content and any other material posted by any user of Memory In Waves or that we believe that such materials are accurate, useful or non-harmful.

  1. Marketing, Advertisement, and Notices

8.1 Before sending you direct marketing messages (e.g., newsletters, brochures, promotions and advertisements) or contacting you by any other means with the purpose to offer you the Products, we will seek your express (“opt-in”) consent, unless:

  • You have voluntarily subscribed to a newsletter. Your voluntary subscription to a newsletter substitutes opt-in consent; or
  • We would like to inform you about new Products that are closely related to the Products already purchased by you. 

8.2 If you would like to unsubscribe from receiving any future direct marketing communications, you can do so at any time free of charge by (i) clicking on the “unsubscribe” link included in any such marketing communication, or (ii) contacting us directly by email at [email protected].

8.3 From time to time, we may send you informational notices, such as (i) information about your Orders and (ii) important information about Memory In Waves, your privacy and security, and other important matters. Such informational notices are sent on an “if-needed” basis and they DO NOT fall within the scope of direct marketing communication that requires your prior consent.

8.4 Affiliate links. Some of the links available on Memory In Waves are “affiliate links”, links with a special tracking code. This means that, if you click on an affiliate link and purchase the item, we will receive an affiliate commission. Such links will be clearly indicated as affiliate links. The price of the item is the same whether it is an affiliate link or not. Regardless, we only recommend products or services we believe will add value to you. By using the affiliate links, you are helping support Memory in Waves, and we genuinely appreciate your support.

 

  1. Prohibited Use

9.1 You are not permitted to submit the Files, use Memory In Waves or the Products in any manner that constitutes, substitutes or contributes to the following activities (the list is representative and not exhaustive): 

  • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
  • Fraud;
  • Provision of false, inaccurate, or misleading information;
  • Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;  
  • Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
  • Spreading ethnically, racially, or otherwise objectionable information;
  • Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour;
  • Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
  • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Memory In Waves; 
  • Interfering with or abusing other users of Memory In Waves;
  • Using bots and other automated methods;
  • Collecting and disclosing any information about other users of Memory In Waves; or
  • Any activity that is against our content policy available at https://memoryinwaves.com/content-policy.

9.2 We hereby disclaim any responsibility for your infringement of the Terms. 

  1. Intellectual Property

10.1 Our Content. Most of the content made available on Memory In Waves is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audiovisual content, source code, trademarks, service marks, and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. Except if it is necessary for purchasing the Products or using Memory In Waves, you are not allowed, without obtaining a prior written permission from us, to use Our Content in any manner, including  (without limitation) distributing, copying, disassembling, making alterations, decompiling, reverse engineering, translating, adapting, renting, loaning, using, leasing Our Content, or attempting to grant any rights to Our Content to third parties.

10.2 Third-party intellectual property. Some of the trademarks and other intellectual property featured on Memory In Waves may be owned by third parties (e.g., social media and payment processing service providers). Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.

10.3 Copyright infringement claims. We respect intellectual property rights. If you have any grounds to believe that any content made available on Memory In Waves violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than two (2) weeks. Before sending your claim to us, please make sure that you sign it and include the following information: 

  • Identification with sufficient detail of the copyrighted work that you believe has been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Your contact details allowing us to respond to your claim; 
  • The following statement: “I have 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 
  • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
  1. Disclaimer of Warranties

11.1 Memory In Waves is provided on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Memory In Waves and hereby disclaim all warranties regarding Memory In Waves and its operation.

11.2 By using Memory In Waves, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers. 

  1. Limitation of Liability

12.1 Unless otherwise stated in the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with Memory In Waves, the Files, and the Products. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

  1. Governing Law and Disputes

13.1 To the extent permitted by the applicable law, these Terms shall be governed by the laws of the State of Illinois, the United States. Any disputes arising out of or in relation to these Terms shall be submitted to the exclusive jurisdiction of the courts in Illinois, the United States. 

13.2 If you are a consumer, section 13.1 may not affect your statutory rights or prevent you from submitting a dispute under the law of and in the country where you are resident. 

13.3 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitation and exclusion of this section 13 may not apply to you.

  1. Miscellaneous

14.1 Term and termination. These Terms shall enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us. 

14.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting an updated version on Memory In Waves. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Memory In Waves, the Products, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of Memory In Waves after any changes shall constitute your consent to such changes. We also reserve the right to modify the Products and services provided through Memory In Waves at any time, at our sole discretion.

14.3 Breach of the Terms. If we believe, in our sole discretion, that you are in violation of these Terms, we may, in our discretion:

  • Send you a formal warning;
  • Temporarily suspend your User Account;
  • Delete your User Account;
  • Temporarily or permanently prohibit your use of Memory In Waves; 
  • Report you to the relevant public authorities; and/or
  • Commence a legal action against you.

14.4 Indemnification. You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, sub-contractors, suppliers, interns and employees, 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, your use of Memory In Waves and the Products, or your violation of any law or the rights of a third-party.

14.5 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party.

14.6 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not be automatically terminated and we agree to use reasonable efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

14.7 Entire agreement. These Terms and the documents referred to herein represent the entire agreement between you and us regarding your use of Memory In Waves.

14.8 Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

  1. Contact 

You can contact us by using the following contact details:

Email: [email protected]

Postal address: Memory in Waves, 9318 Skokie blvd., P.O. Box 4512, Skokie, IL 60077-1300, the United States of America 

Contact form / Live chat: https://memoryinwaves.com/contact/

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