Terms & Conditions

Kindly go through these Terms of Service (referred to as the “Terms”) and our Privacy Policy (“Privacy Policy”) thoroughly, as they regulate your utilization of the website MFA.com (known as the “Site”) and the services provided by Memories For Art Group (referred to as “MFA Group”). For simplicity, the Site and our services collectively constitute the “Services.”

1. Agreement to Terms.By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

3. Amendments to these Terms or the Services. We reserve the right to modify the Terms at our own discretion, and we may update them periodically. In such cases, we will inform you by posting the revised Terms on the Site and/or through other means of communication. It is essential that you review the Terms whenever they are updated or when you utilize the Services. By continuing to use the Services after we have posted the updated Terms, you indicate your acceptance and agreement to the modifications. If you do not agree to be bound by the changes, you must discontinue using the Services. Please note that since our Services are continuously evolving, we may alter or terminate all or certain aspects of the Services at any time, without prior notice, at our sole discretion.

4. Who May Use the Services? 

You may use the Services only if you are 18 years or older and capable of forming a binding contract with MFA, and not otherwise barred from using the Services under applicable law.

5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. 
6. Description of the Services. The Services primarily encompass media content offered by us or our users, which includes, but is not limited to, advertisements and news articles. It is important to acknowledge and understand that neither these Terms nor any Services provided to you under these Terms constitute legal, financial, tax, or investment advice.

7. Your Content. 
   1. Uploading Content. Through our Services, you have the ability to store or distribute various forms of content, including but not limited to text (in posts or communications with others), files, documents, graphics, images, music, software, audio, and video. Any content you post or make accessible through the Services, excluding Feedback, is collectively referred to as “User Content.” MFA acknowledges that it does not assert any ownership rights over any User Content, and these Terms do not limit any rights you may have to your User Content.
   2. Permissions for Your User Content. By making your User Content available through the Services, you grant MFA a non-exclusive, transferable, worldwide, royalty-free license, including the right to sublicense, to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with the operation and provision of the Services.
   3. Your Responsibility for User Content. You bear sole responsibility for all of your User Content. You represent and warrant that you currently possess, and will continue to possess, all necessary rights to grant us the license to your User Content as outlined in these Terms. Furthermore, you represent and warrant that neither your User Content, nor your utilization and provision of your User Content through the Services, nor any use of your User Content by MFA, whether on or through the Services, will infringe upon, misappropriate, or violate any third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable laws or regulations.
   4. Removal of User Content. You have the ability to delete your User Content by specifically removing it. However, please be aware that in certain cases, some of your User Content, such as posts or comments you have made, may not be entirely eradicated, and copies of your User Content may persist on the Services. To the maximum extent permitted by law, we are not liable or responsible for the removal or deletion of (or the failure to remove or delete) any of your User Content.
   5. MFA’s Intellectual Property. Within the Services, there may be content that is protected by intellectual property rights. It is important to note that we maintain all rights to such content.
8. General Prohibitions and MFA Enforcement Rights. You agree not to do any of the following:
9. Prohibited User Content. You must refrain from engaging in any of the following activities related to User Content: (i) Posting, uploading, publishing, submitting, or transmitting any content that infringes, misappropriates, or violates a third party’s intellectual property rights, including patents, copyrights, trademarks, trade secrets, moral rights, rights of publicity, or privacy. (ii) Violating or encouraging conduct that would violate any applicable laws, regulations, or result in civil liability. (iii) Engaging in fraudulent, false, misleading, or deceptive practices. (iv) Creating or sharing content that is defamatory, obscene, pornographic, vulgar, or offensive. (v) Promoting discrimination, bigotry, racism, hatred, harassment, or harm towards individuals or groups. (vi) Sharing content that is violent or threatening or encourages violence or threatening actions against individuals or entities. (vii) Endorsing or promoting illegal or harmful activities or substances.
10. Unauthorized Use of Services. Without the express written consent of MFA, you are prohibited from engaging in the following actions:
11. Using, displaying, mirroring, or framing the Services, any individual element within the Services, MFA’s name, trademarks, logos, proprietary information, or the layout and design of any page without permission.
12. Accessing, tampering with, or using non-public areas of the Services, MFA’s computer systems, or technical delivery systems belonging to MFA’s providers.
13. Attempting to probe, scan, test the vulnerability of any MFA system or network, or breach security or authentication measures.
14. Avoiding, bypassing, removing, deactivating, impairing, descrambling, or circumventing any technological measures implemented by MFA, its providers, or any other third party to protect the Services.
15. Trying to access or search the Services or download content using any engine, software, tool, agent, device, or mechanism other than the authorized software and/or search agents provided by MFA or generally available third-party web browsers.
16. Sending unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters, or any form of solicitation.
17. Using meta tags or other hidden text or metadata that utilize MFA’s trademarks, logos, URLs, or product names without written consent.
18. Using the Services, or any part thereof, for commercial purposes or for the benefit of any third party or in any manner that violates these Terms.
19. Prohibited Actions. It is strictly forbidden to:
20. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or use the Services to send altered, deceptive, or false source-identifying information.
21. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
22. Interfere with or attempt to disrupt the access of any user, hst, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing the Services.
23. Collect or store personally identifiable information from other users of the Services without their explicit permission.
24. Impersonate or misrepresent affiliation with any person or entity.
25. Violate any applicable laws or regulations.
26. Encourage or enable others to engage in any of the aforementioned actions.

MFA is under no obligation to actively monitor or review access to the Services or to modify any content. However, we retain the right to do so in order to ensure the proper functioning of the Services, enforce compliance with these Terms, and meet any applicable legal obligations. While we reserve the right, at our sole discretion, to remove or disable access to any content, including User Content, at any time and without prior notice, we are not obligated to do so, except when we deem it objectionable or in violation of these Terms. We possess the authority to investigate any violations of these Terms or any behavior that impacts the Services. Additionally, we may collaborate and cooperate with law enforcement authorities to prosecute users who violate the law.

9. Links to Third Party Websites or Resources. The Services may include links or provide access to external websites or resources operated by third parties. We offer these links solely for your convenience and do not endorse or assume responsibility for the content, products, or services available through such resources or the links displayed on those websites. You acknowledge that you bear sole responsibility for and assume all risks associated with your use of any third-party resources.
10. Termination. We reserve the right, at our sole discretion, to suspend or terminate your access to and use of the Services, including the option to suspend access to your account or terminate it, at any time and without prior notice to you. If you wish to cancel your account, you may do so by sending an email to marketing@new.memoriesforart.com.
11. Warranty Disclaimers. The Services are provided “as is,” without any warranties of any kind. We explicitly disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and warranties arising from the course of dealing or usage of trade. We do not guarantee that the Services will meet your requirements or be available uninterrupted, secure, or free from errors. Furthermore, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content found on the Services.
12. Indemnity. You agree to indemnify and hold MFA, its officers, directors, employees, and agents harmless from any claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from or in connection with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
13. Limitation of Liability.
14. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MFA NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES. WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MFA OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MFA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE TO MFA FOR THE USE OF THE SERVICES. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MFA, THEN THE TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
2. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN MFA AND YOU.
3. Contact Information. If you have any questions about these Terms or the Services, please contact MFA at hello@new.memoriesforart.com.