Welcome to Collectable Moments. These Terms of Service ("Terms") describe what you can expect from us and what we ask of you when using our service. If you have any questions or concerns, please contact us at fortlingsupport@gmail.com.
These Terms apply to Publishers and Subscribers of Collectable Moments. They should be read alongside our Privacy Policy, which governs how we collect and handle your personal data.
Eligibility and Account Creation
Publishers
To create a Publisher account, you must be at least 18 years old, provide a valid email address, and agree to these Terms at signup. By creating an account, you represent that the information you provide is accurate and that you are authorized to enter into these Terms.
Subscribers
Subscribers must be at least 13 years old. Subscribers between 13 and 17 may access the service only with the express permission of a parent or legal guardian. By accepting a Publisher's invitation, a Subscriber — or their parent or guardian, where applicable — agrees to these Terms. We do not knowingly accept Subscribers under 13.
One account per person
Each Publisher account is for a single individual. Sharing login credentials is not permitted. If you want to co-manage a blog with another person, use the Collaborator feature.
Account security
You are responsible for keeping your password secure and for all activity that occurs under your account. Contact us immediately at fortlingsupport@gmail.com if you believe your account has been compromised. Until self-service password reset is available, contact us directly to reset your credentials.
Accurate information
You agree to keep your account information current and accurate. We may suspend accounts that contain materially false information.
Description of the Service
Collectable Moments is a private, invite-only publishing service for families. Publishers create and share content — posts, photos, videos — with a list of Subscribers they personally invite. Subscribers receive that content by email and through the service.
The service does not have public feeds, content discovery, algorithms, or advertising. Content posted by a Publisher is visible only to that Publisher's Subscribers. Nothing on Collectable Moments is publicly searchable or indexable.
Email is a primary delivery surface: new posts are sent to Subscribers by email, and Subscribers can manage their email frequency or unsubscribe at any time.
The service is provided "as is" and "as available." We will do our best to keep it running reliably, but we do not guarantee uninterrupted access. See Disclaimers for our full disclaimer.
Publisher Obligations
As a Publisher, you are responsible for:
Your content. Everything you post is your responsibility. You confirm that you have the right to upload and share each piece of content, including photos or videos in which other people appear. By uploading Content that depicts a minor, you represent and warrant that you are the parent or legal guardian of that minor, or that you have obtained the consent of a parent or legal guardian. You agree to remove such Content promptly upon request from a parent or legal guardian.
Your subscriber list. You control who you invite. You are responsible for ensuring that the people you invite are appropriate recipients of the content you share.
Your credentials. Keep your password secure. You are responsible for all activity that occurs under your Publisher account.
Your billing information. Keep your payment information current to avoid interruption of service.
Acceptable use. You agree not to use the service to publish prohibited content. See Acceptable Use.
You may not impersonate another person, misrepresent your affiliation, or create an account on behalf of someone else without their authorization.
If a Subscriber misuses access you have granted them, you are not automatically liable for their conduct — but you remain responsible for who you invite and for revoking access when appropriate.
Subscriber Obligations
As a Subscriber, you agree to:
Access content appropriately. Access content only through a valid invitation from a Publisher or an active access grant.
Respect the Publisher's content. Do not share, forward, or republish content you receive through the service without the Publisher's permission.
Be respectful. Do not use the service to harass, impersonate, or interfere with any Publisher or other Subscriber.
Follow Acceptable Use. Keep your interactions — comments and reactions — consistent with our Acceptable Use policy.
You may adjust your email frequency or unsubscribe from a Publisher's content at any time using the unsubscribe link in any email. A Publisher may revoke your access at any time.
Collaborator Access
A Publisher may invite another Publisher to be a Collaborator on their blog. A Collaborator has full management rights on the inviting Publisher's blog — including creating, editing, publishing, and deleting posts, and managing that blog's subscriber list — scoped to that blog only.
Collaborators are already bound by these Terms in their capacity as Publishers. No separate acceptance is required.
Collaborator access is revocable at any time by the blog owner. Removing a Collaborator does not delete content the Collaborator authored. Collaborator invitations expire if not accepted within 7 days.
A Collaborator does not gain ownership of the blog, its content, or its subscriber list.
Subscriber Upgrade to Publisher
A Subscriber may create a Publisher account at any time. On doing so, they become bound by the Publisher terms — including the obligation to pay the Subscription Fee — from the moment of account creation.
A Subscriber's existing comments, reactions, and content grants on other Publishers' blogs remain attached to their Subscriber identity and are not transferred to the new Publisher account.
At the upgrade step, we will ask you to re-confirm acceptance of these Terms in your capacity as a Publisher, because the obligations and payment terms differ from those that apply to Subscribers.
Content Ownership and License
You own what you publish. Always.
You own your content
Publishers and Subscribers retain full ownership of all Content they upload or submit to the service. These Terms do not transfer ownership to us.
License to us
By uploading or submitting Content, you grant Collectable Moments a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, copy, and display your Content solely for the purpose of operating and delivering the service to you and your authorized Subscribers.
What the license does not include
This license expressly excludes:
- Use of your Content for advertising or marketing purposes
- Sale or transfer of your Content to third parties (other than the service providers listed in our Privacy Policy, who are contractually restricted to operating the service on our behalf)
- Use of your Content to train AI or machine learning models
- Use of your Content to build aggregate or commercial profiles of identifiable individuals
When the license ends
The license terminates when you delete the Content, subject to retention windows: deleted media is removed from our servers within 30 days; deleted accounts are purged within 60 days. See the Data Retention section of our Privacy Policy for details.
Subscribers
By posting comments or reactions, Subscribers grant the same limited license over those contributions, scoped to the same purposes.
Payment Terms
Subscription
Publisher access requires a paid subscription. The current Subscription Fee and available billing periods are described on our pricing page. Fees are charged in advance at the start of each billing period.
Payment processing
Payments are processed by Stripe. Your full payment information is governed by Stripe's terms and is never stored on Collectable Moments servers.
Auto-renewal and cancellation
Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date. You may cancel at any time. Cancellation takes effect at the end of the current billing period and you retain full access until then.
Refunds
We do not issue refunds for unused subscription time. If you cancel mid-period, you keep access until the period ends and are not charged again. We may grant exceptions at our sole discretion, but are not obligated to do so.
Non-payment
If a payment fails, we will notify you and allow a 30-day grace period to update your payment information. If payment is not received within that period, your account may be suspended — your content remains intact but is not accessible to Subscribers. Accounts suspended for 60 days may be permanently deleted.
Price changes
We will give you at least 30 days notice before changing your Subscription Fee. Changes take effect at your next renewal. Continued use after a price change takes effect constitutes acceptance of the new fee.
Taxes
Prices are stated exclusive of applicable taxes. You are responsible for any taxes, levies, or duties imposed on the transaction by your jurisdiction.
Acceptable Use
You may use the service only for lawful purposes and in accordance with these Terms. The following conduct is prohibited:
Illegal content. Content that violates any applicable law or regulation.
Child exploitation. Content that exploits, sexualizes, endangers, or depicts abuse of minors — including content involving the Publisher's own children. This is prohibited regardless of context or intent. We reserve the right to remove such content and terminate the associated account immediately and without prior notice. We will also report such content to the National Center for Missing & Exploited Children (NCMEC) as required by 18 U.S.C. § 2258A and preserve associated data for the period required by that statute.
Harassment and threats. Content that harasses, threatens, doxxes, or intimidates any person.
Infringement. Content that infringes the copyright, trademark, privacy, or other rights of any third party.
Misuse of subscriber lists. Using the service or your subscriber list to send content unrelated to the family publishing purpose for which Subscribers signed up.
Automated access. Scraping, crawling, or accessing the service through automated means without our prior written permission.
Circumvention. Attempting to bypass subscriber-list controls, magic-link expiration, rate limits, or any other technical measure.
Interference. Conducting denial-of-service attacks, exploiting vulnerabilities, or otherwise disrupting the service or other users' access to it.
We reserve the right to remove content and suspend or terminate accounts that violate these Terms, at our discretion and with or without prior notice depending on the severity of the violation. If you believe an action was taken in error, contact us at fortlingsupport@gmail.com.
Service Availability
We provide the service on an "as available" basis and do not guarantee any specific level of uptime or availability.
We may perform scheduled maintenance from time to time and will try to give active Publishers reasonable notice of planned downtime. We cannot guarantee advance notice in all cases.
We may modify, limit, or discontinue features of the service at any time. For material changes that affect active Publisher accounts, we will provide notice by email.
Account Termination
Publisher-initiated cancellation
You may cancel your subscription at any time. You retain access through the end of the paid billing period. To also delete your account and content, contact us at fortlingsupport@gmail.com. If we do not receive a deletion request, we will retain your account in an inactive state for 60 days after the paid period ends, then permanently delete it.
Operator-initiated termination
We may suspend or terminate accounts for violations of these Terms — including non-payment, Acceptable Use violations, and conduct that poses a risk to other users or the service — with notice where reasonable. We may terminate without notice where an immediate threat exists.
Effects of termination
- Your Content is retained for up to 30 days (media) or 60 days (account data) as described in our Privacy Policy, then permanently deleted.
- Your Subscribers lose access to your blog immediately on termination.
- Subscribers retain their own identity and any subscriptions to other Publishers.
- No refund is issued for the unused portion of a paid billing period.
- Comments and reactions posted by your Subscribers are deleted along with your blog.
Subscriber-initiated
A Subscriber may unsubscribe from any Publisher's blog at any time using the unsubscribe link in any email, or adjust their email frequency preferences from their subscription settings. Subscribers may also delete their Subscriber record at any time using the "Delete my data" option in their subscription settings on a given Publisher's site. Once requested, the record is hidden immediately and permanently destroyed after the restore window described in our Privacy Policy. If you are unable to access your account for any reason, you may also contact us at fortlingsupport@gmail.com and we will process the deletion on your behalf.
Survival
The Content license (as to residual copies within the retention window), Disclaimers, Indemnification, Intellectual Property, Governing Law, and Dispute Resolution sections survive termination.
Disclaimers and Limitation of Liability
To the fullest extent permissible by applicable law.
No warranties
The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We do not warrant that the service will be uninterrupted, error-free, virus-free, or free of harmful components.
No liability for certain damages
Collectable Moments, its operators, affiliates, directors, employees, agents, and third-party service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, loss of goodwill, lost opportunities, or personal injury — arising out of or relating to your use of or inability to use the service, however caused and under any theory of liability, even if we have been advised of the possibility of such damages.
No liability for content or third-party services
We are not liable for Content posted by Publishers or Subscribers, or for loss of Content resulting from circumstances beyond our reasonable control, including outages affecting the third-party service providers listed in our Privacy Policy.
Liability cap
Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or your use of the service will not exceed the greater of (i) the total Subscription Fees you paid to Collectable Moments in the twelve months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).
Non-waivable rights
Some jurisdictions do not permit exclusion of implied warranties or limitation of liability for certain types of damages. In those jurisdictions, the above exclusions and limitations apply only to the maximum extent permitted by applicable law. Nothing in these Terms limits rights that cannot be waived or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Collectable Moments and its operators, affiliates, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Content you upload or submit to the service
- Your use of the service in violation of these Terms
- Your violation of any third-party right, including any intellectual property, privacy, or publicity right
We reserve the right to assume exclusive control of the defense of any matter for which we are entitled to indemnification. You agree to cooperate with our defense of such claims and not to settle any claim without our prior written consent.
Subscribers are subject to this indemnification in respect of comments and reactions they post and their use of the service in violation of these Terms.
Intellectual Property
The Collectable Moments name, logo, service interface, and all related intellectual property are owned by or licensed to us and are protected by applicable intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the service as described here. No other rights in our intellectual property are granted.
You may not use the Collectable Moments name, logo, or branding without our prior written permission.
Copyright
We respect intellectual property rights and expect our users to do the same. If you believe that Content on the service infringes your copyright, contact us at fortlingsupport@gmail.com with a description of the work you believe has been infringed and where the infringing content is located. We will investigate and remove content that infringes third-party rights.
Accounts that repeatedly infringe third-party copyrights will be terminated.
Governing Law
These Terms are governed by the laws of the State of New York, USA, without regard to its conflict-of-laws principles. Any dispute that proceeds in court will be brought exclusively in the state or federal courts located in New York.
Dispute Resolution
Good faith negotiation
Before filing any formal claim, you agree to contact us at fortlingsupport@gmail.com and give us 30 days to resolve the dispute informally. We will do the same before initiating any formal claim against you.
Binding arbitration
If the dispute is not resolved through good faith negotiation, it will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as provided below. The arbitration will be conducted in New York, New York. The arbitrator's decision is final and binding, and judgment may be entered in any court of competent jurisdiction.
Class action waiver
You and Collectable Moments each agree that all disputes will be resolved only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of class proceeding.
Opt-out
You may opt out of the binding arbitration agreement within 30 days of first accepting these Terms. To opt out, send a written notice to fortlingsupport@gmail.com with the subject line "Arbitration Opt-Out," including your name and the email address associated with your account. Opt-out notices received after 30 days will not be effective. If you opt out, disputes will be resolved in the courts specified in our Governing Law section.
Carve-outs
Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek emergency injunctive or other equitable relief from a court to prevent irreparable harm while arbitration proceedings are pending. Nothing in this section limits your right to file a complaint with a government agency, including the Federal Trade Commission, your state Attorney General, or a relevant Data Protection Authority.
EU/UK users
If applicable law in your jurisdiction prohibits mandatory pre-dispute arbitration for consumer disputes, the arbitration clause does not apply to you, and disputes will be resolved in courts of competent jurisdiction in your country.
Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect, where reasonably possible, and provide an in-product notice on your next login. We may also require you to re-accept the updated Terms before continuing to use the service. Minor changes — such as clarity fixes, contact information updates, or new jurisdictional disclosures — will be reflected by an updated date at the top of this page without direct notification.
If you do not agree to updated Terms, you may cancel your subscription and stop using the service. Continued use after updated Terms take effect constitutes your agreement to them.
Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Collectable Moments with respect to the service.
Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.
No waiver. Our failure to enforce any provision on any occasion is not a waiver of our right to enforce it in the future.
Assignment. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets, with notice to you. You may not assign your rights without our prior written consent.
No agency. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and us.
No third-party beneficiaries. These Terms are for the benefit of you and us only.
Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or failures of third-party infrastructure.
Notices. We will send notices to the email address on file for your account. Notices to us should be sent to fortlingsupport@gmail.com.
Contact
Questions about these Terms? We're happy to help.
Collectable Moments
fortlingsupport@gmail.com