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Creative Memories

Legal Notice

WEB SITE LEGAL NOTICE ("Legal Notice")
User restrictions, disclaimer of liability and copyright notice

The information ("information") contained in the CM Group Holdings, Inc. ("CM") Internet Web Site (the "site"), and accessible by you, the user ("you"), is provided solely for information purposes and is not warranted or guaranteed in any way. By using this site, you agree to the following terms and conditions.

CM reserves the right to modify this Legal Notice from time to time. Also, CM may terminate or suspend any Advisor's Account or any customer's account if the account holder violates any section of this Legal Notice.

User restrictions
By using, accessing and/or downloading the information contained on this site, you acknowledge that it is your duty to NOT store, reproduce or otherwise make use of information in a manner that is in violation of any federal, state, provincial or local laws or regulations, including any copyright, secrecy, defamation, decency or export laws.

You are authorized to view, download and print any information on the site, solely for your own personal and noncommercial use or as permitted for use by Advisors in the Advisor Agreement, subject to all copyright, trademark and other proprietary notices.

Disclaimer and limitation of liability
In no event shall CM be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom, or the results obtained from the use of the information.

CM does not warrant (and disclaims all such warranties, express and implied) or guarantee the accuracy, adequacy, quality, timeliness, validity, completeness, or suitability of any information for any purpose whatsoever. All such content and services are provided "as is," "with all faults" and "as available." CM does not warrant or guarantee that any information will be free of infection by viruses, worms, Trojan horses or any other contaminating or destructive properties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CM WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.

The entire risk as to the quality and performance of this site and the accuracy, adequacy, completeness, timeliness, validity and quality of any information is with you.

Copyright/trademark notice
All CM trademarks and service marks, are protected by U.S. and Canadian patent and trademark law and international trademark and intellectual property laws and treaties. Unauthorized use of these trademarks and service marks is strictly prohibited. All other trademark, service marks, company names or company logos, as used or referenced in the Website, are the property of their respective owners.

All site design, text, layout, graphics and the selection and arrangement thereof is owned by CM, Copyright © 2014, CM, ALL RIGHTS RESERVED. You are authorized to view, download and print portions of the site solely for your personal and noncommercial use or as permitted for use by Advisors in the Advisor Agreement. Any other use of materials on this site, including: (1) reproduction, except as authorized herein; (2) modifications; (3) distributions; (4) republication; (5) transmission; (6) re-transmissions; (7) or public showing, without the prior written permission of CM, is strictly prohibited.

You may not remove or obscure the copyright notice or other notices contained in information or products retrieved from this site.

Idea submission statement
Any ideas, proposals, and/or other information submitted or collected on this site shall be considered non-confidential. By submitting information to this site, or directly to CM, you agree that CM shall not be under any obligation of confidentiality or non-use, express or implied, with respect to any submissions, and CM may disclose or use any submission for any purpose whatsoever, at its sole discretion, with no obligation, express or implied, to compensate or work with the person or entity that supplied the information, idea and/or proposal in any manner.

Governing law
The site is controlled by CM from its office in the state of Minnesota. Although the site may be accessed from outside of Minnesota, you, by accessing this site, hereby agree that the laws of the state of Minnesota, without regard to its conflicts of laws principles, will apply to all matters relating to the use of this site and any of the information contained therein.

Privacy statement
CM will not disclose, distribute, sell or rent any of your personally identifiable personal information to any third party, except as otherwise described in the Privacy Policy. CM may collect information solely for its own use and may use such information in connection with its business and to provide you information regarding its products and services.

Linking
Linking to the CM site is permissible, provided you terminate the link if notified by us to do so. Any links to external Web sites contained in the site are not under the control of CM, and CM is not responsible for the content of any linked site. You further agree that your website linked to the CM site may not:

  1. in any way copy, the look and feel of the CM website or otherwise pass itself off as being the CM site.
  2. remove or obscure, by framing or otherwise, the copyright notice in the site or otherwise infringe on our or anyone else's intellectual property or privacy.
  3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, sexually explicit materials or otherwise reflects badly on or has the potential to damage the reputation of CM.
  4. In any way compromise the operation of the CM site.

Third Party Sites
The site may, from time to time, contain links to or reference third party websites, resources and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. We are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are not responsible for the availability of these Third Party Sites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. We are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Website. If you decide to leave the Website and access these Third-Party Sites, you do so at your own risk. Under no circumstances shall we or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site's administrator or webmaster. Any links to Third Party Sites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of ours.

Indemnity
You agree to indemnify CM and its affiliated companies and their owners, officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the CM site from any claim or demand, including reasonable legal fees, made by any third party due to content you submit or transmit through the CM site, your use of the CM site, your violation of this Legal Notice, or your violation of any rights of another.

General
This Legal Notice (together with the Advisor Agreements, in the case of Advisors), constitutes the entire agreement between CM and you with respect to your use of the CM site. Any modifications to this Legal Notice will apply to you if you continue to use the CM site after such changes have become effective. CM failure to exercise or enforce any right or provision of this Legal Notice is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties and intentions as reflected in the provision, and the other provisions of this Legal Notice remain in full force and effect.

Use of the CM Site
You may not use or infect the CM site:

  1. For any purpose that is unlawful or deceptive or to encourage conduct constituting criminal behavior, including to harm minors in any way;
  2. With any materials that contain destructive codes such as viruses, worms or any other programs designed to damage or provide unauthorized access to the CM site which may cause defect, disruption, or malfunction;
  3. With any unsolicited junk mail or other activity that may interfere with or disrupt the CM site or the networks through which you access and use the CM site; or
  4. If you provide any false or misleading information regarding your identity or address.
  5. CM will decide in its own discretion whether your actions have violated any of the provisions set out in this Legal Notice, which may result in termination of your CM site Account. CM may also refuse to fulfill any order or part of an order if to do so may be illegal, may breach this Legal Notice, may violate the rights of any third party or is otherwise objectionable to CM. You agree that CM is not liable to you or any third party for any such non-fulfillment. CM disclaims any liability for the content of any submission.

Copyright Interest
You agree that only images, ideas, and works that you hold the copyright in will be shared and uploaded to the CM site. By uploading your images, ideas or works, you are granting permission for the recipients to share and print your copyrighted work you hereby grant CM a non-exclusive, royalty-free license to use, copy, distribute and display such material.

Signing Up & Account Maintenance
To create a complimentary CM Account you must have reached the age of majority in your jurisdiction of residence. You will be required to provide personal contact information when creating a CM site account. All contact information provided must be complete and accurate, and you are responsible for keeping such information current. You have sole control of your account with a personal password that you produce when signing up. You are responsible for keeping your personal password secure and confidential. From time to time CM may need to access your account for maintenance purposes, to enhance its CM site Services, or to comply with a legal request.

Pricing & Shipment
CM endeavors to display all prices and availability correctly, but occasionally the posted information may not be accurate. Availability and prices are therefore subject to change without notice and CM reserves the right to correct any and all errors when they do occur. You bear the risk of loss and title on all products ordered and shipped to you, from the time CM delivers your order to the carrier. CM will deliver to the address you specify to CM at the time you place your order. Any delivery dates specified are intended to merely be estimates.

Warranty & Product Returns
CM acquired certain assets of the old Creative Memories and Ahni & Zoe businesses in the summer of 2014. The equipment was moved and again made operational in the fall of 2014 with new product being shipped commencing on November 1, 2014. Please consult the "Our Promise" link for our Warranty and Product Returns Policy on all products shipped after November 1, 2014.

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