Your use of the Iconic Moments Website and platform (the "website" or the "Service") is subject to these Terms of Service. "Iconic Moments" means Iconicmoments.co and all platforms built on the proprietary Pass It Down & Iconic Moments platform technology. Pass It Down is a Delaware Corporation with a principal place of business at 100 Cherokee Boulevard, Suite 120, Chattanooga, TN 37405.
Please read the Terms of Service before using the Service. By using the Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please exit the site. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service on the Pass It Down website.
Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Service. Your continued use of the Service following the posting of updated Terms of Service will mean that you agree to those changes.
The contents of the Iconic Moments website are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material from the Pass It Down website without prior written consent of Pass It Down, Iconic Moments, or Pass It Down's counsel.
The Iconic Moments name, logo, and the technical terms associated with the Iconic Moments platform and process are the service marks of Pass It Down Inc. All rights reserved. You may not use any Pass It Down Service Marks, logos, or graphics without Pass It Down's prior written consent. Iconic Moments logo is a registered Trademark.
Iconic Moments does not allow framing of its website.
Iconic Moments encourages and permits links to content on the Iconic Moments platform. However, Iconic Moments is an organization committed to the highest programming standards. Therefore, the links should not suggest that Iconic Moments promotes or endorses third party causes, ideas, websites, products or services without prior authorization of Iconic Moments. We reserve the right to remove any content placed onto the Iconic Moments platform or the Iconic Moments website.
Iconic Moments may provide links to Internet Sites maintained by third parties, over which Iconic Moments has no control. Iconic Moments does not endorse the content, operators, products or services of such sites, and Iconic Moments is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Iconic Moments shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.
You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate any rules of the Service or these Terms of Service, and (b) your use of the Service complies with these Terms of Service. You agree that you will indemnify and hold harmless Iconic Moments and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted on the Iconic Moments website or platforms.
THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE Iconic Moments DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, WE VALUE THE SECURITY OF YOUR DATA AND TAKE STEPS TO PROTECT YOUR DATA TO THE EXTENT POSSIBLE USING INDUSTRY-STANDARD TECHNOLOGY AND SERVICES. NOR DOES Iconic Moments MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT WILL Iconic Moments , ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL Iconic Moments , ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES. THEREFORE, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Iconic Moments infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice to Iconic Moments must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Iconic Moments against you, the DMCA permits you to send Iconic Moments a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Iconic Moments’ Copyright Agent for notice of claims of copyright infringement as follows:
Pass It Down
100 Cherokee Boulevard, Suite 120
Chattanooga, TN 37405
Email: [email protected]
The Iconic Moments Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring through use of the Service. Please note that these notifications and counter-notifications are legal notices. Iconic Moments may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law. Our Privacy Policy does not protect information provided in these notices and counter-notices.
The website is controlled and operated within the United States. Iconic Moments makes no representation that content, materials or products available on or through the website are appropriate or available for use outside of the United States. If you access the website from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.
These Terms of Service, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Iconic Moments website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Service. These Terms of Service shall be governed by and construed under Tennessee law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Service or relating to the website shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Tennessee. A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.
If you have any questions about the Terms of Service, please contact us.