Terms of Service

These Terms of Service ("Terms") form a binding contract between you and Memories ("we", "us", "our"), operator of the Memories platform at memories.brozy.org and related services (the "Service"). By accessing or using the Service you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 13 years old to use the Service. Users aged 13–17 must have permission from a parent or legal guardian. If we offer or you access any age-restricted content, you must be at least 18 years old. By using the Service you represent that you meet these requirements.

You are responsible for everything that happens under your account and for keeping your credentials secure. Notify us immediately at security@memories.brozy.org of any unauthorized access. We may suspend or terminate accounts that violate these Terms.

"User Content" means anything you upload, post, stream, or transmit through the Service (videos, images, text, comments, captions, metadata, etc.).

You retain ownership of your User Content. By posting it you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for the purpose of transcoding, generating thumbnails, captions, and adaptive streams), publicly perform, publicly display, distribute, and create derivative works of your User Content, solely for the purpose of operating, promoting, and improving the Service. This license continues for content that remains on the Service and survives for a reasonable period after removal to allow for backups, caches, and required record-keeping.

You represent and warrant that (a) you own your User Content or have all necessary rights and permissions to upload and license it as described above; (b) your User Content does not infringe any third party's intellectual property, privacy, publicity, contractual, or other rights; and (c) the people identifiable in your User Content have consented to the upload to the extent required by law.

You will not upload, post, or transmit, and you will not use the Service for, any of the following:

• Child sexual abuse material (CSAM) or content that sexualizes minors in any form. We report all such content to the National Center for Missing & Exploited Children (NCMEC) and relevant authorities, and preserve evidence as required by 18 U.S.C. §2258A.
• Copyrighted, trademarked, or otherwise protected material you do not own or have permission to share
• Non-consensual intimate imagery, doxxing, or content that reveals another person's private information without consent
• Content that depicts or promotes violence, self-harm, terrorism, hate speech, or harassment of any individual or group
• Illegal goods or services, fraud, scams, or phishing
• Malware, exploits, or attempts to disrupt or breach the Service
• Automated scraping, crawling, or bulk downloading without our written consent
• Impersonation, misrepresentation of affiliation, or use of someone else's identity
• Spam, deceptive engagement, or coordinated inauthentic behavior

If you see content that violates these Terms, use the in-app report button or email abuse@memories.brozy.org. For copyright complaints, see the DMCA section below.

We respect intellectual property rights and respond to valid notices under the Digital Millennium Copyright Act (17 U.S.C. §512). To submit a takedown notice or counter-notice, see our DMCA Policy. We terminate the accounts of repeat infringers in appropriate circumstances.

We may, but are not obligated to, review, remove, restrict, or otherwise moderate User Content for any reason, including suspected violations of these Terms or applicable law. We may suspend or terminate accounts without prior notice for serious or repeated violations. We are not liable for moderation decisions, including decisions to leave content up.

The Service itself (software, design, name, logo, and original content we provide) is owned by us and protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial use, subject to these Terms.

The Service may link to or rely on third-party services. We do not endorse and are not responsible for third-party content or services. Your use of third-party services is governed by their terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT USER CONTENT WILL BE PRESERVED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

You agree to defend, indemnify, and hold harmless Memories and its officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or related to (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any law or third-party right.

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, for any reason including suspected violation of these Terms. Sections 4 (license survival), 11–13, and 15–17 survive termination.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. You and Memories waive the right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@memories.brozy.org with the subject "Arbitration Opt-Out" and your account email. Notwithstanding the above, either party may bring an individual claim in small-claims court.

We may update these Terms from time to time. Material changes will be notified in the Service or by email. Continued use of the Service after an update means you accept the updated Terms.

These Terms, together with our Privacy Policy and Community Guidelines, are the entire agreement between you and us regarding the Service. If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor.