Marilyn Moments Privacy Policy - Effective date: August 1, 2014

Welcome to Marilyn Moments ("Marilyn Moments," "we," "us" or "our"). Marilyn Moments provides a fun way for you to share images through our content-sharing platform. Just select a Marilyn Monroe photo, or snap your own, transform the photo with filters & art and share!

This Privacy Policy (“Policy”) explains how we and some of the companies we work with collect, use, share and protect information in relation to our mobile services, web site, and any software provided on or in connection with Marilyn Moments services (collectively, the "Service"), and also explains your choices about the collection and use of your information.

This Policy applies to all visitors, users, and others who access the Service ("Users").

By using our Service you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials ("User Content"), to the Service and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Policy and our Terms of Use (which can be found at http://MarilynMoments.com/terms).

INFORMATION WE COLLECT

We collect the following types of information.

Information You Provide Us Directly:

  • Your username, password and e-mail address when you register for a Marilyn Moments account.
  • Profile information that you provide for your user profile (e.g., first and last name, picture, phone number, etc.). This information allows us to help you or others be "found" on Marilyn Moments.
  • User Content (e.g., photos, comments, and other materials, etc.) that you post to the Service.
  • Communications between you and Marilyn Moments. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices, etc.). Note that you may not opt out of Service-related e-mails.

Analytics Information

  • We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User. 

Cookies And Similar Technologies

  • When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Marilyn Moments and provide features to you.
  • We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.

Log File Information

  • Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
  • When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Device Identifiers:

  • When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one (1) or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Marilyn Moments.
  • A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

Metadata

  • Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
  • Marilyn Moments or other Users may run contests, special offers or other events or activities ("Events") on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.

HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Policy, we may use information that we receive to, without limitation:

  • Help you efficiently access your information after you sign in;
  • Remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
  • Provide personalized content and information to you and others, which could include online ads or other forms of marketing;
  • Provide, improve, test, and monitor the effectiveness of our Service;
  • Develop and test new products and features;
  • Monitor metrics such as total number of visitors, traffic, and demographic patterns;
  • Diagnose or fix technology problems; and/or
  • Automatically update the Marilyn Moments application on your device.

SHARING YOUR INFORMATION

We will not rent or sell your information to third parties outside Marilyn Moments (or the group of companies of which Marilyn Moments is a part) without your consent, except as noted in this Policy.

Parties With Whom We May Share Your Information

  • We may share User Content and your information (including, but not limited to, information from cookies, log files, device identifiers, location data, and usage data, etc.) with businesses that are legally part of the same group of companies that Marilyn Moments is part of, or that become part of that group ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates' own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
  • We also may share your information as well as information from tools like cookies, log files, device identifiers and location data, with third-party organizations that help us provide the Service to you ("Service Providers"). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service.
  • We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
  • We may remove parts of data that can identify you and share anonymous data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.

Parties With Whom You May Choose To Share Your User Content

  • Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.
  • Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use under our Marilyn Moments API. The use of the Marilyn Moments API is subject to the API Terms of Use which incorporates the terms of this Policy.
  • If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service. Copies may also remain viewable in cached and archived pages of the Service if other Users or third parties using the Marilyn Moments API have copied or saved that information.

What Happens In The Event Of A Change Of Control

  • If we sell or otherwise transfer part or the whole of Marilyn Moments or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your information, such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. The buyer or transferee will have to honor the commitments we have made in this Policy.

Responding To Legal Requests and Preventing Harm

  • We may access, preserve and share your information in response to a legal request (like a search warrant, court order, subpoena, etc.) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

HOW WE STORE YOUR INFORMATION

Storage and Processing

  • Your information collected through the Service may be stored and processed in the United States or any other country in which Marilyn Moments, its Affiliates or Service Providers maintain facilities.
  • Marilyn Moments, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
  • By registering for and using the Service, you consent to the transfer of information to the U.S. or to any other country in which Marilyn Moments, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Policy.
  • We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Marilyn Moments cannot ensure the security of any information you transmit to Marilyn Moments or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
  • Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Marilyn Moments, at all times. Your privacy settings may also be affected by changes made by the social media services you connect to Marilyn Moments to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

YOUR CHOICES ABOUT YOUR INFORMATION

Your Account Information And Profile / Privacy Settings

  • Update your account at any time by logging in and changing your profile settings.
  • Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices, etc.).

How Long We Keep Your User Content

  • Following termination or deactivation of your account, Marilyn Moments, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.

CHILDREN’S PRIVACY

  • Marilyn Moments does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as is reasonably possible. If you believe that we might have any information from or about a child under 13, please contact us.

OTHER WEBSITES AND SERVICES

  • We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

HOW TO CONTACT US ABOUT A DECEASED USER

  • In the event of the death of a User, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.

HOW TO CONTACT US

  • If you have any questions about this Policy or the Service, please find the appropriate support channel at MarilynMoments.com.

CHANGES TO OUR PRIVACY POLICY

  • Marilyn Moments may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Marilyn Moments or the Service after any modification to this Policy will constitute your acceptance of such modification.

 

{C}{C}{C}{C}{C}{C}

Marilyn Moments Terms of Use                                                                      Effective Date: August 1, 2014

 

By accessing or using the Marilyn Moments website, the Marilyn Moments service, or any applications (including mobile applications) made available by Marilyn Moments (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by The Estate of Marilyn Monroe, LLC ("The Estate", “we”, “us” or “our”).

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MARILYN MOMENTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BASIC TERMS

1.     You must be at least 13 years old to use the Service.

2.     You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

3.     You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any other account rights to anyone. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Services hereby prohibits the creation of, and you agree that you will not create an account for, anyone other than yourself. You also represent that all information you provide or provided to the Service upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

4.     You agree that you will not solicit, collect or use the login credentials of other Service users.

5.     You are responsible for keeping your password secret and secure.

6.     You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

7.     You may not use the Service for any illegal or unauthorized purpose.

8.     You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

9.     You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

10.  You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Marilyn Moments.

11.  You must not access Marilyn Moments's private API by means other than those permitted by Marilyn Moments. Use of Marilyn Moments's API is subject to a separate set of terms.

12.  You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any users of the Service.

13.  You must not use domain names or web URLs in your username without prior written consent from The Estate.

14.  You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Service page is rendered or displayed in a user's browser or device.

15. You must comply with Marilyn Moments' Community Guidelines, available at www.MarilynMoments.com.

16.  You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

17.  You must not attempt to restrict another user of the Servive from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Service terms.

18.  Violation of these Terms of Use, the Privacy Policy and/or the Community Guidelines may, in The Estate’s sole discretion, result in termination of your Marilyn Moments account. You understand and agree that Marilyn Moments cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for The Estate, we can stop providing all or part of the Service to you.

VIRTUAL GOODS

  • The Service includes purchasable “Virtual Goods” which are items or services for use within the Service. You can only buy Virtual Goods from us for real money if you are at least 18 years old. You agree that Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Goods from us, and not from any third party.
  • You do not own Virtual Goods, but instead you purchase a limited, personal, revocable license to use them. Any balance of Virtual Goods does not reflect any stored value.
  • You agree that all sales by us to you of Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a license to use Virtual Goods from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at the moment of purchase.
  • We reserve the right to control, regulate, change or remove any Virtual Goods without any liability to The Estate.
  • If we suspend or terminate your account, you will lose any Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.

GENERAL CONDITIONS

1.  We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to us. If we terminate your access to the Service, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username or view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).

2.  Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

3.  We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

4.  We reserve the right to refuse access to the Service to anyone for any reason at any time.

5. We reserve the right to force forfeiture of any username for any reason.

6.  We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use, the Privacy Policy or the Community Guidelines.

7.  You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that The Estate is not responsible or liable for the conduct of any user. The Estate reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You agree to exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

8.  There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not own, control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. The Estate does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that The Estate is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (a) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (b) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if The Estate has not itself provided such information; and (c) your use of an Application is at your own option and risk, and you will hold The Estate Parties (defined below) harmless for activity related to the Application.

9.  You agree that you are responsible for all data charges you incur through use of the Service.

10.  We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with The Estate’s express consent).

RIGHTS

1.  Marilyn Moments does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Marilyn Moments a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide, perpetual license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available at www.MarilynMoments.com.

2.  Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that The Estate may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3.  You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

4.  You represent and warrant that: (a) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (c) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (d) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

5.  The Service contains content owned or licensed by The Estate ("Marilyn Moments Content"). Marilyn Moments Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and The Estate, The Estate owns and retains all rights in the Marilyn Moments Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Marilyn Moments Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Marilyn Moments Content.

6.  The Marilyn Moments name and logo are trademarks of The Estate, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Estate. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of The Estate, and may not be copied, imitated or used, in whole or in part, without prior written permission from The Estate.

7.  Although it is The Estate’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. The Estate reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by The Estate, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, The Estate encourages you to maintain your own backup of your Content. In other words, the Service is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. The Estate will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

8.  You agree that The Estate is not responsible for, and does not endorse, Content posted within the Service. The Estate does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

9.  Except as otherwise described in the Service's Privacy Policy, available at www.MarilynMoments.com, as between you and The Estate, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with The Estate is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place The Estate in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of The Estate, and The Estate will not be liable for any use or disclosure of any Content you provide.

10.  It is The Estate’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, The Estate does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that The Estate is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright And Other Intellectual Property Violations

1.  We respect other people's rights, and expect you to do the same.

2.  If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, MARILYN MOMENTS CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THE ESTATE NOR ITS PARENT OR SUBSIDIARY COMPANIES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "MARILYN MOMENTS PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE MARILYN MOMENTS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE ESTATE OR VIA THE SERVICE. IN ADDITION, THE MARILYN MOMENTS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE MARILYN MOMENTS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MARILYN MOMENTS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE MARILYN MOMENTS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MARILYN MOMENTS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS’ LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE MARILYN MOMENTS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE MARILYN MOMENTS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE MARILYN MOMENTS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MARILYN MOMENTS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MARILYN MOMENTS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE MARILYN MOMENTS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MARILYN MOMENTS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF MARILYN MOMENTS'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE MARILYN MOMENTS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE MARILYN MOMENTS PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

THE ESTATE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at The Estate’s request), indemnify and hold the Marilyn Moments Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (a) your Content or your access to or use of the Service; (b) your breach or alleged breach of these Terms of Use, the Privacy Policy and/or the Community Guidelines; (c) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you. You will cooperate as fully required by The Estate in the defense of any claim. The Estate reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Estate.

Arbitration

  • Except if you opt-out or for disputes relating to: (a) your or The Estate’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (b) violations of the API Terms; or (c) violations of provisions 14 or 16 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and any Marilyn Moments Party (whether or not such dispute involves a third party) with regard to your relationship with The Estate or any other Marilyn Moments Party, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Marilyn Moments hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor The Estate will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if The Estate is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then any Marilyn Moments Party or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
  • Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
  • You may opt out of this agreement to arbitrate. If you do so, neither you nor any Marilyn Moments Party can require the other to participate in an arbitration proceeding. To opt out, you must notify The Estate in writing within thirty (30) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

The Estate of Marilyn Monroe LLC

c/o Authentic Brands Group, LLC

100 West 33rd Street, Suite 1007

New York, NY 10001

  • You must include your name and residence address, the email address you use for your Marilyn Moments account, and a clear statement that you want to opt out of this arbitration agreement.
  • If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
  • This arbitration agreement will survive the termination of your relationship with any Marilyn Moments Party.

Time Limitation On Claims

You agree that any claim you may have arising out of or related to your relationship with any Marilyn Moments Party must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

  • These Terms of Use, the Privacy Policy and Community Guidelines are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with any Marilyn Moments Party exclusively in a state court located in New York, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes.
  • The Estate’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. The Estate reserves the right to change the dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the change. This dispute resolution provision will survive the termination of any or all of your transactions with any Marilyn Moments Party.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and The Estate and governs your use of the Service, superseding any prior agreements between you and The Estate. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of The Estate. Any purported assignment or delegation by you without the appropriate prior written consent of The Estate will be null and void. The Estate may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

  • The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject any Marilyn Moments Party to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that The Estate provides.
  • Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
  • The effective date of these Terms of Use is August 1, 2014. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.