Date of Last Revision: December 7, 2012
Interactive Memories, Inc. (together with its corporate affiliates, “Mosaic,” “we,” “us,” “our”) provides its online, collaborative publishing services to you through its website located at www.heymosaic.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to these Terms of Service (“Terms of Service” or “Agreement”). By accessing or using the Service, you (the “User”) agree that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered member ("Member") of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without notice. If we do this, we will post the changes to these Terms of Service on our Site and will indicate at the top of the Terms of Service the date they were last revised. Any new Terms of Service are effective upon posting and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly review the Terms of Service to determine if there have been changes.
Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations.
By using the Service, you represent and warrant that you are thirteen (13) years old or older. You must be thirteen (13) years of age or older to register as a member of the Service or access or use the Service. If you are under the age of 13, you must use an account created by a parent, guardian or teacher, and you must have the explicit permission of a parent or guardian to use the Service. Membership in and access to the Service is void where prohibited.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may have your account deleted by contacting firstname.lastname@example.org. Mosaic may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect. You understand that termination of this Agreement and your account may involve deletion of your Mosaic information from our live databases as well as any Member Content that you have uploaded to the Service or created on the Service using your account. You agree that Mosaic will not have liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.
You acknowledge that Mosaic reserves the right to charge for Services and to change our fees from time to time in its discretion, upon posting such policy on the Service. Thereafter, upon using our Services, you will be responsible for the payment of any applicable fees as set forth on the Service.
Conditions of Sale
Eligibility and Credit Card Terms
To order any Mosaics or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you order Mosaics or any other products hereunder, including all of the following:
- Your name as it appears on the card
- The credit card type
- The date of expiration of your credit card
- Billing address
- Any activation numbers or codes needed to charge your credit card.
Mosaic does not accept cash, checks or any other payment form, although it reserves the right to change this policy in the future. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before Mosaic invoices the credit card for all amounts due and payable. By providing Mosaic with your credit card number and associated payment information, you agree that Mosaic is authorized to immediately invoice your account for all fees and charges due and payable to Mosaic as a result of your purchase of any books or other products. You agree to immediately notify Mosaic of any change in the credit card used for payment hereunder or in any associated information. Mosaic reserves the right, at any time, to change its prices and billing methods for books and other products sold, either immediately upon posting on the Service or by e-mail delivery to you.
Any credit issued to you by Mosaic has no cash value and is not exchangeable as cash. Mosaic credit may be redeemed towards future purchases using your Mosaic account, and your Mosaic credit will be automatically applied in the checkout process. Mosaic credit is valid for 1 year from the date of last purchase, or if the user has not purchased, from the date of registration as a Mosaic user. If your Mosaic credit expires, it will be removed from your Mosaic account.
Fees and Charges
You agree to pay all fees and charges incurred in connection with your orders and purchases (including any taxes imposed on your orders and purchases, including, but not limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advanced notice. Mosaic may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order books or other products for overseas delivery, shipments may be subject to import duties and taxes, which are levied when the package with the books or products arrives at the destination that you specified. Any charges for customs clearance shall be borne by you, as Mosaic has no control over such charges and cannot foresee the amount charged (if any). You agree that you are the importer of record for goods and services you order and you shall comply with all laws and regulations of the destination country.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification shall be sent to the following address: Mosaic Customer Service, 409 Sherman Avenue, Palo Alto, CA 94306, or via email at email@example.com
All sales are subject to Mosaic's then-current return policies, as posted on the Returns page.
Title and Risk of Loss
All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Mosaic and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Mosaic account information to ensure that your messages are not sent to the person that acquires your old number.
Password and Account Security
When you purchase an account is automatically created for you and is linked to your email address. You agree not to use the account, email address or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorized use of your account or your password, please contact us at firstname.lastname@example.org.
You understand that the Service is available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to scrape, harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or for any purpose. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Service. In addition, you agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Member Content that we deem, in our sole discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another; or
- use or attempt to use another's account, service or system without authorization from Mosaic, or create a false identity on this Service.
All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Mosaic or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Mosaic's prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Service are the sole property of Mosaic or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mosaic under a separate agreement.
The technology and software underlying the Service or distributed in connection therewith is the property of Mosaic (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Mosaic.
Member Content Posted on the Service
You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or display (hereinafter, "post") on the Service, or transmit to other Members through the Service (collectively the "Member Content"). You understand and agree that Mosaic may, but is not obligated to, review and delete or remove any Member Content that in the sole judgment of Mosaic violates this Agreement or for any other reason.
By posting Member Content to any part of the Service, you hereby grant, and you represent and warrant that you have the right to grant, to Mosaic an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicensees to do the foregoing.
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
- A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
- Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
- A statement that the owner or agent has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
409 Sherman Avenue
Palo Alto, CA 94306
Telephone: (650) 646-9083
Apple-Enabled Software Applications
Mosaic offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Mosaic and you acknowledge that these Terms of Service are concluded between Mosaic and you only, and not with Apple, and that as between Mosaic and Apple, Mosaic, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Mosaic's sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Mosaic and you acknowledge that Mosaic, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Mosaic and Apple, Mosaic, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Mosaic as follows:
409 Sherman Avenue
Palo Alto, CA 94306
Telephone: (650) 353-7366
Mosaic and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Links to Other Web Sites
The Service contains links to other web sites. Mosaic is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Mosaic. If you decide to access these third-party web sites, you do so at your own risk.
Social Networking Services
In addition, Mosaic is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Mosaic is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Mosaic enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Mosaic is not responsible for any Member Content, including Member Content that violates this Terms of Service or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Service, Members or by any of the equipment or programming associated with or utilized in the Service. Mosaic is not responsible for the conduct, whether online or offline, of any user or Member of the Service. You understand that the Service may be temporarily unavailable from time to time. Mosaic DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICE. Mosaic assumes no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Mosaic is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the INTERNET and/or in connection with the Service. Under no circumstances will Mosaic be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the SERVICE or transmitted to Members, or any interactions between users of the SERVICE, whether online or offline. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND Mosaic DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEYMOSAIC.COM CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Limitation on Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL Mosaic BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF Mosaic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Mosaic'S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO Mosaic FOR THE SERVICE DURING THE TERM OF MEMBERSHIP OR ONE HUNDRED DOLLARS ($100).
Governing Law and Venue
The Terms of Service and any dispute about or involving the Service will be governed by the laws of the State of California without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Santa Clara County, California and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold Mosaic, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.
These Terms of Service constitute the entire agreement between you and Mosaic regarding the use of the Service, superseding any prior agreements between you and Mosaic relating to your use of the Service. The failure of Mosaic to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Mosaic may assign its rights under this Agreement to any third party without notice or consent. By using the Service, you consent to us contacting you via email or other electronic means. To opt out of receiving electronic communications, mail us at Opt-Out, Mosaic Customer Service, 409 Sherman Avenue, Palo Alto, CA 94306.
Mosaic gift cards ("gift card") may be used to purchase any eligible product available for purchase in Mosaic. In order to purchase or redeem a gift card, you must have the Mosaic app on a supported iOS device. The recipient of a gift card will be notified via email if chosen as the delivery method, otherwise by printed version; if the recipient does not have Mosaic at the time he or she receives such email, he or she will be prompted to download Mosaic to redeem the gift card.
You may purchase gift cards in US dollar denominations of $25, $50, $100. The amount of the gift card you purchase will be charged to your credit card when you confirm your purchase of such gift card. The purchase of gift cards is governed by the terms set forth under “Terms”, except as otherwise provided in this section.
Once the recipient of the gift card redeems the gift card, then the value of the gift card will apply to the recipient's Mosaic account as a credit toward purchases on Mosaic. If a purchase exceeds the amount of the gift card, the balance must be paid by credit card or other available payment method. Gift cards cannot be used to purchase other gift cards. Gift cards never expire.
Except where prohibited by applicable law, gift card recipients may not (a) receive refunds for gift card, (b) resell or otherwise transfer gift cards to others (including without limitation transferring gift cards to other Mosaic Users’ accounts), (c) reload gift cards, or (d) redeem unused gift card balances if they no longer wish to use Mosaic. Gift cards are not currency, and do not have cash value outside of Mosaic. Mosaic is not responsible for any unauthorized use of a gift card.
Please visit our FAQ page for more information.