Welcome! Mysaic is dedicated to visualizing your life’s journey by making it simple to capture, organize, and share memories. Mysaic is a powerful chronological platform that combines your digital diary, life resume, and media library. Collaborate and curate your experiences with friends and family. Celebrate life’s moments in the palm of your hand.
We’re thrilled you’ve decided to use our products and services, all of which we refer to simply as the 'Services'.
We’ve drafted these Terms of Service (which we simply call the “Terms”) so that you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and LifeLinea, LLC d/b/a Mysaic (which we simply call “Mysaic”). So, please read them carefully.
By using Mysaic (which we refer to as the “Services”), you agree to the Terms. Of course, if you don’t agree with them, then please don’t use the Services.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MYSAIC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MYSAIC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. Please read all terms carefully.By using the Services, you state that:
- you can form a binding contract with Mysaic—meaning that if you’re between 13 and 17, your parent or legal guardian has reviewed and agreed to these Terms;
- you are not a person who is barred from utilizing the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and
- you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.2. Your Content
Our Services let you create, upload, post, send, receive, and store Content (which we call the “Content”). When you do that, you retain whatever ownership rights in that Content you had to begin with.
To the extent it’s necessary, you also grant Mysaic and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice in any and all media and distribution channels (now known or later developed) in connection with any profile or other Content you create, upload, post, send, or appear in. This means, among other things, that you will not be entitled to any compensation from Mysaic or our business partners if your name, likeness, or voice is conveyed through the Services.
While we’re not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including if we think your Content violates these Terms. You alone though remain responsible for the Content you create, post, store, or send through the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, be aware that we can use your ideas without compensating you.
3. The Content of Others
Much of the Content on our Services is produced by users, publishers, and other third parties. Whether that Content is posted publicly or sent privately, the Content is the sole responsibility of the person or organization that created it. Although Mysaic reserves the right to review all Content that appears on the Services and to remove any Content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any Content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all Content, we cannot guarantee that Content on the Services will always conform to our Terms.
Mysaic respects the rights of others, and you should, too. Therefore, you may not post or send Content that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- bullies, harasses, or intimidates;
- you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
- spams or solicits Mysaic’s users;
- includes anyone’s identification documents or sensitive financial information; or
- otherwise violates the law.
We can remove any Content or information that you post on Mysaic if we believe that it violates this Statement, these Terms, or any of our other policies. If you repeatedly infringe upon other people’s intellectual property rights, we will disable your account when appropriate.
You must also respect Mysaic’s rights. These Terms do not grant you any right to use branding, logos, designs, photographs, videos, or any other materials used in our Services. Nor may you download, distribute, syndicate, broadcast, perform, or display any portion of the Services, except as set forth in these Terms.
In short: You may not use the Services in ways that are not authorized by these Terms.
Mysaic honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. If Mysaic becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please send a notice to firstname.lastname@example.org
If you forward a notice to us by sending an e-mail to email@example.com, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- provide your contact information, including your address, telephone number, and an email address;
- provide a personal statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that you will not:
- use the Services for any purpose that is illegal or prohibited in these Terms;
- use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information;
- use or develop any third-party applications that interact with other users’ Content or the Services without our written consent;
- use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services;
- use or attempt to use another user’s account, username, or password without their permission;
- solicit login credentials from another user;
- upload viruses or other malicious code or otherwise compromise the security of the Services;
- attempt to circumvent any Content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- probe, scan, or test the vulnerability of our Services or any system or network;
- upload, post, email, transmit, or otherwise make available any Content that is pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that contains graphic violence or incitements to violence;
- use the Services to harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Mysaic employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- 'stalk' or otherwise harass another Mysaic user, nor use the Services to 'stalk' or otherwise harass a non-Mysaic user;
- collect or store personal data about other users in connection with the prohibited conduct and activities set above; and
- encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm’s way just to capture Content to post on Mysaic.8. Your Account
You will be prompted to create a password upon completing Mysaic's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any activity that occurs in your account, so it’s important that you keep your account secure.
By using the Services, you agree that, in addition to exercising common sense, you will not:
- create another account if we have already disabled your account, unless you have our written permission to do so;
- buy, sell, rent, or lease access to your Mysaic account or other portions of our Services without our written permission;
- provide any false personal information on Mysaic, or create an account for anyone other than yourself without permission, and you will keep your contact information accurate and up-to-date;
- use your personal Mysaic account primarily for your own commercial gain;
- use Mysaic if you are under 13;
- transfer your account to anyone without first getting our written permission;
- share your password; and
- log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think that someone has gained access to your account, please immediately contact us by sending an e-mail to firstname.lastname@example.org. By using these Services, you agree that you will immediately notify Mysaic of any unauthorized use of your password or account or any other breach of security. Mysaic cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.9. In-App Purchases and Payments
Mysaic offers two methods for in-app purchases:
- Archival Space: Once you have used your 5Gb of data storage for your account for media uploads, you may purchase additional 5Gb storage blocks; and
- Premium Level: Mysaic is free for anyone to use, but purchasing the Premium Level will “unlock” additional features to make the Mysaic experience more robust and rewarding.
We may offer various additional virtual goods and services (all of which we call “Products”) that you can purchase and use through the Services. You don’t own these Products; instead you buy a limited revocable license to use them. You’ll always be shown the price for any Product before you complete the purchase. But Mysaic does not handle payments or payment processing for in-app purchases; those are handled by the app store you use (such as Apple’s App Store or Google’s Play Store). The app store you use may charge you sales tax, depending on where you live. Please check the app store’s relevant terms for details.
All in-app sales are final and non-refundable. And because our performance begins once you tap “Buy” and we give you immediate access to your purchase, you waive any right you may have under the law of any jurisdiction to cancel your purchase once it’s completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT MYSAIC IS NOT REQUIRED TO PROVIDE A REFUND TO YOU FOR ANY REASON.
Some of the Products we may offer are for one-time use only, while others are for repeated use. But please note that “repeated” does not mean “forever.” We may change, modify, or eliminate Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It is your sole responsibility to manage your in-app purchases. For information about how to restrict in-app purchases on your device, please consult your app store’s terms. If you are under 18, you must obtain your parent’s or guardian’s consent before making any purchases.
Mysaic grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so
You are responsible for any mobile charges that you may incur for using our Services, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.12. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and that we may make available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Mysaic will not be responsible or liable for those third party’s terms or actions taken under the third party’s terms.13. Modifying the Services
We’re constantly working to improve our Services and creating new ones all the time. That means we may add or remove features or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.14. Indemnity
You agree to indemnify, defend, and hold harmless Mysaic, our managing members, shareholders, employees, affiliates, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to:
- your access to or use of the Services;
- your Content; and
- your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE MYSAIC ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY MYSAIC CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
MYSAIC TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH MYSAIC WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSAIC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
(B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR
(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF MYSAIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYSAIC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED ($100.00) DOLLARS (US) OR THE AMOUNT YOU PAID MYSAIC, IF ANY, IN THE LAST TWELVE (12) MONTHS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
17. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH MYSAIC, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
(a) Applicability of Arbitration Agreement. All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and Mysaic are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand ($10,000.00) Dollars (US) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand ($10,000.00) Dollars (US) or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three (3); the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
(d) Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Mysaic. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Mysaic.
(e) Waiver of Jury Trial. YOU AND MYSAIC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Mysaic are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and Mysaic over whether to vacate or enforce an arbitration award or otherwise, YOU AND MYSAIC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(f) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 19 herein.
(g) Confidentiality. No part of the arbitration procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(h) Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. To the extent that you or Mysaic elect to bring an individual action in small claims court, both you and Mysaic agree that the forum and venue for said small claims action will be the Philadelphia Municipal Court in the County of Philadelphia, Commonwealth of Pennsylvania.
(i) Small Claims Court. Notwithstanding the foregoing, either you or Mysaic may bring an individual action in small claims court.
(j) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Mysaic.
You agree that any claim you may have arising out of or related to your relationship with Mysaic must be filed within one (1) year after such claim arose; otherwise, your claim will be permanently barred.19. Forum and Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Mysaic agree that all claims and disputes in connection with the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Eastern District of Pennsylvania. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes in connection with the Terms or the use of the Services must be litigated exclusively in the Court of Common Pleas of Philadelphia County, First Judicial District, Commonwealth of Pennsylvania. You and Mysaic consent to the personal jurisdiction of both courts.20. Choice of Law
The laws of the Commonwealth of Pennsylvania, other than its conflict-of-laws principles, will govern all disputes between you and Mysaic, but only to the extent they are not preempted by the Federal Arbitration Act.21. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.22. Interstate Nature of Communications on Mysaic
When you register with Mysaic, you acknowledge that in using the Services to send electronic communications (including but not limited to uploading photographs, sending messages, and other Internet activities), you will be causing communications to be sent through Mysaic's computer networks, which are hosted by Amazon’s AWS cloud computing services and hardware (which include servers, data centers, load balancers, and firewalls), located in United States and overseas. As a result, and also as a result of Mysaic's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms, you acknowledge that use of the Services results in interstate data transmissions.23. No Commercial Reuse of Mysaic Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including Content, advertisements, software, and your Mysaic account).24. Termination
While we hope you remain a lifelong user of our Services, you may terminate these Terms at any time and for any reason by deleting your account or uninstalling the app from your device.
Mysaic may also terminate these Terms with you at any time, for any reason, and without advance notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate and reclaim your Mysaic account at any time, for any reason, including, but not limited to:
- breaches or violations of the Terms or other incorporated agreements or guidelines;
- requests by law enforcement or other government agencies;
- discontinuance or material modification to the Services (or any part thereof);
- unexpected technical or security issues or problems;
- extended periods of inactivity;
- engagement by you in fraudulent or illegal activities; and/or
- nonpayment of any fees owed by you in connection with the Services.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Mysaic's sole discretion and that Mysaic shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
Termination of your Mysaic account includes any or all of the following:
- removal of access to all or part of the offerings within the Services;
- deletion of your Mysaic account, password, and all related information, files and Content associated with or inside your account (or any part thereof); and
- barring of further use of all or part of the Services.
Regardless of who terminates these Terms, both you and Mysaic continue to be bound by Sections 2, 5, 9, and 13-25 of the Terms.25. Final Terms
- These Terms make up the entire agreement between you and Mysaic, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, or otherwise;
- Nothing in these Terms shall prevent us from complying with the law.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Mysaic.