Agreement Between User and Wassup! LLC and MemoryLn.net
Welcome to https://www.memoryln.net, hereto known as Memory Ln, terms and conditions. The Memory Ln website (the “Site”) is comprised of various web pages operated by Wassup! LLC. Memory Ln is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Memory Ln constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Memory Ln is a Historical Directory of Places and Events. Its purpose is to provide visitors with historical information on a variety of places throughout the world, to educate and offer visitors a forum to provide critique and commentary.
Visiting Memory Ln or sending emails to Wassup! LLC/Memory Ln constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
It is not a requirement to have an account to use Memory Ln at this time. If you choose to create an account to either provide reviews, participate in message boards or as a client of services (e.g. creating a place/page), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Wassup! LLC is not responsible for third party access to your account that results from theft or misappropriation of your account.
Wassup! LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion, though way may notify you in advance. Any changes made to postings made by your account may be of editorial in nature and keeping with the aesthetics and general upkeep of the website.
Children Under Thirteen
Wassup! LLC and Memory Ln does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Memory Ln only with permission of a parent or guardian.
Users with a profile can delete their account at any time. In the event services have been rendered (e.g. subscription service, advertising, etc.), a cancellation request will result in the balance of the scheduled campaign to be pro-rated for refund. For example, a 30-day campaign with a cancellation request on the fifteenth-day can expect a 50% refund.
Links to Third Party Sites/Third Party Services
Memory Ln contains links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wassup! LLC and Wassup! LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wassup! LLC is providing these links to you as a convenience, and/or in some cases to provide source documentation. The inclusion of any link does not imply endorsement by Wassup! LLC of the site or any association with its operators.
Certain services made available via Memory Ln are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.memoryln.net domain, you hereby acknowledge and consent that Wassup! LLC may share such information and data with any third party with whom Wassup! LLC has a contractual relationship to provide the requested product, service or functionality on behalf of Memory Ln’s users and customers. An example of this would be hosting services that may impact usability.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, as well as the compilation thereof, and any software used on the Site, is the property of Wassup! LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
By uploading photos to this website, you are acknowledging you have either taken the photos, have approval of those who have, or made reasonable efforts to determine the copyright holder and, if required, provide photo credit to, and/or whether the photo is in the public domain or falls under Fair Usage.
It is up to the individual user to understand the requirements of what constitutes Fair Usage. Use of photos on this website are an enhancement to historical documentation and provide a significant benefit to the public and their use disseminates information regarding a matter of considerable public interest.
In short, the spirit of Memory Ln is to educate and share information that comprises our collective history, often coming from very disparate perspectives. No single individual or entity owns history.
The following guidance has been noted from Copyright Fair Use by Jeffrey P. Cunard, Debevoise & Plimpton LLP; Bruce P. Keller, District of New Jersey, United States Attorney’s Office; and Michael Potenza, National Basketball Association. Copyright Fair Use, Practical Law Practice Note 2-523-3404. © 2021 Thomson Reuters. No claim to original U.S. Government Works.
Non-commercial uses of a copyrighted work are, in general, more likely to qualify as fair use than commercial uses (Campbell, 510 U.S. at 585). In assessing whether a challenged use is commercial, the relevant inquiry is whether the person making that use profits from it. A use does not have to involve direct financial gain or payment to be considered commercial. A use may be commercial, for example, if it either:
- Saves users the expense of purchasing authorized copies (A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1015 (9th Cir. 2001)).
- Is used to induce the purchase of other products (Compaq Comput. Corp. v. Ergonome, Inc., 387 F.3d 403, 409 (5th Cir. 2004)).
Relying on fair use may be attractive where, among other circumstances:
- The fair use factors strongly favor the client’s use.
- Obtaining permission may be costly or involve onerous conditions (for example, the copyright owner may demand having approval rights over the use).
- Identifying or locating the copyright owner may be impossible, exceptionally time-consuming, or unduly costly (that is, the work may be an orphan).
- Taking a license may set a precedent the client wishes to avoid.
For these reasons, a client with a reasonable, good faith claim of fair use may elect to proceed without permission and then invoke fair use if challenged.
The subjective nature of the fair use inquiry and, in some cases, uncertain or conflicting precedents may mean that relying on fair use carries some risk. Therefore, additional factors to consider in deciding whether to rely on fair use include:
- The risk that the copyright owner will demand payment or bring suit, including the extent to which the copyright owner has been litigious or zealous in protecting its rights in the past.
- A comparison of the:
- costs of litigating; and
- licensing fees.
- Whether the client seeks to establish a precedent that the use is fair, by either:
- having the use proceed without challenge; or
- prevailing in litigation.
In the end, the most desirable course to follow in a given set of circumstances involves a business judgment based on the appropriate weighing of these practical, economic, and legal considerations, including the client’s risk tolerance and objectives. Counsel should be:
- Aware that it may be the client’s goal or agenda to shape fair use jurisprudence around a new technology in a certain way.
- Open to developing novel arguments for this purpose.
Additionally, if the copyright owner is approached for permission but refuses to grant the license requested, the act of seeking a license:
- Does not weigh against a finding of fair use.
- May demonstrate a good-faith effort to avoid litigation.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Wassup! LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Wassup! LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Wassup! or our licensors except as expressly authorized by these Terms.
Per the above, No Unlawful or Prohibited Use/Intellectual Property, statement, Wassup! LLC and Memory Ln makes no copyright claims to photographs used on this site.
If you believe you have material on this site that is in violation of your copyright and does not meet the multiple criteria set forth for fair usage as stated above, you may submit a copyright infringement notification to us here.
Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be sent in by the copyright owner or an agent authorized to act on the owner’s behalf.
The following additional requirements apply:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law;
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
We will remove content within 24 hours if we receive a legitimate notice.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Wassup! LLC has no obligation to monitor the Communication Services. However, Wassup! LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wassup! LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Wassup! LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wassup!’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wassup! LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wassup! LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Wassup! LLC spokespersons and their views do not necessarily reflect those of Wassup! LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Memory Ln or Posted on Any Wassup! Web Page
Wassup! LLC does not claim ownership of the materials you provide to https://www.memoryln.net (including feedback and suggestions) or post, upload, input or submit to any Wassup! LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Wassup! LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Wassup! LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Wassup! LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Wassup! LLC from our offices within the USA and hosting services and support provided elsewhere. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wassup! LLC content accessed through https://www.memoryln.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Wassup! LLC and Memory Ln, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wassup! LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wassup! LLC in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Wassup! LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WASSUP! LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WASSUP! LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WASSUP! LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Wassup! LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wassup! as a result of this agreement or use of the Site. Wassup! LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wassup! LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Wassup! LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wassup! LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wassup! LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Wassup! LLC reserves the right, in its sole discretion, to change the Terms under which https://www.memoryln.net is offered. The most current version of the Terms will supersede all previous versions. Wassup! LLC encourages you to periodically review the Terms to stay informed of our updates.
Wassup! LLC and Memory Ln welcomes your questions or comments regarding our Terms and Conditions. Please e-mail us at firstname.lastname@example.org.
Effective as of August 20, 2021, last updated September 16, 2021.