Terms of Use
meRemembered.com, is operated by meRemembered Limited. The Terms of Use, incorporating the Privacy Policy, is a legal binding contract between You and the Company.
By using the Website and benefiting from what they have to offer, You acknowledge that You have read, understood, and agree to be bound by the Terms of Use.
1. Definitions
2. User License
3. Website content
4. Communications with Users
5. No Warranty; Liability and Indemnity
6. Minors
7. Registration and Security
8. Site Fees
9. Termination
10. General
1. Definitions
In the Terms of Use, the following terms have the following meanings:
1.1 "Company" means ME REMEMBERED Limited.
1.2 "Registered User" means a user who registers with the Website.
1.3 "You" means either (i) a User of the Websites (whether or not a Registered User) not being a Minor, or (ii) a parent, guardian or educational supervisor that has allowed a Minor to visit or use the Websites in which case You will be held legally responsible for the acts of the Minor or (iii) a Minor who
has sought and obtained the permission of your parent, guardian or educational supervisor.
1.4 "Minor" means any person under the age of 16
1.5 "Website" means the ME REMEMBERED website available at the URL www.meremembered.com and all associated websites operated by the Company.
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2. User Licence
2.1 The Company does not claim any ownership rights in the text,
files, images, photos, video, sounds, musical works, or any other materials (collectively,
"Content") that you post or email to the Website. After posting or emailing your
Content to the Website, you continue to retain all ownership rights in such Content,
and you continue to have the right to use your Content in any way you choose. By
displaying, emailing, publishing or submitting for display or publication ("posting")
any Content on or through the Website, you hereby grant to the Company a worldwide
sub-licensable, perpetual, transferable, non-exclusive, royalty free licence to
use in any way whatsoever including but not limited to, hosting, public display,
publishing, reproduction, broadcasting, amendment , modification or removal of Content,
transmission and distribution of Content on and through the Website and in any different
present and future forms or derivative versions of Me Remembered in any medium.
2.2 The Website contains Content owned by Users ("Third Party Content").
Except for Content posted by You, You may not, unless and to the extent otherwise
specifically authorised by the Company, copy, modify, translate, publish, reproduce,
commercially exploit, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the Website. You may retrieve and display content
from the Website on a computer screen, print individual pages on paper, photocopy
and store such pages in electronic form on disc (but not on any server or other
storage device connected to a network) for your personal con-commercial use.
2.3 You are licensed to access and use the Website solely for personal purposes in accordance with the terms set out in the Terms of Use. You may not use
the Website in connection with any commercial endeavours except where and to the
extent specifically endorsed or approved by the Company. Illegal and/or unauthorized
use of the Website, including collecting usernames and/or email addresses of any
Registered User by electronic or other means for the purpose of sending unsolicited
email is prohibited. Additionally, unauthorized framing of or linking to the Website
and commercial advertisements and other forms of solicitation are also prohibited.
Links may be removed at the discretion of the Company for any reason.
2.4 Software may be made available in connection with the Website, which You may be permitted to access or download. You may only download, copy, re-use
or distribute software provided by the Website where it is clearly stated in connection with software that it is made available for offline use and a licencse for that use is provided in connection with that software.
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3. Website content
3.1 It is the intention of the Company to make ME REMEMBERED available in perpetuity through the Website or otherwise, and the Company shall take reasonable measures to protect and preserve the content submitted by You.
3.2 The Website contains Content owned by the Company (“Company
Content”). The Company Content is protected by copyright, trademark, trade secret
and other laws. The Company owns and retains all rights in the Company Content and
the Website. The Company hereby grants you a limited, revocable, non- sub-licensable
licence to reproduce and display the Company Content (excluding any software code)
solely for your personal, non-commercial use in connection with viewing the Website.
3.3 You warrant that You own all material You post to the Website and that you have the right to post such material and the right to grant the Company
the licence set out in the Terms of Use. In particular, all personal information about others that You post must be done with the full consent of those others, or must otherwise be lawful. You agree to pay for all royalties, fees, and any other
monies owing to any person by reason of any Content posted by you to or through
the Website. You acknowledge that Content submitted will not be returned.
3.4 You are solely responsible for all content that You post to the Website. You may not post, and the Company may in their absolute discretion remove, any content that they believe:
1. constitutes pornography or is otherwise obscene, indecent, sexually explicit, morally repugnant, or harmful to minors;
2. is defamatory or libellous of a real or legal person, or of goods or services;
3. violates a person's privacy or other rights relating to personal information;
4. depicts violence, incites violence, threatens violence, contains harassing content, hate speech, or incites racial or ethnic hatred;
5. incites or promotes religious hatred;
6. impersonates or falsely attributes material to any person or entity;
7. discloses confidential or proprietary information of another person;
8. might infringe another person's copyright, trade or service mark, patent, or other intellectual property rights, or any contractual or other
rights, or that might breach any court order;
9. creates a risk to safety or health, or compromises national security or official secrets;
10. to be, offensive, immoral or illegal;
11. is otherwise malicious, fraudulent, or may result in the reputation of the Website or the Company, being damaged;
12. is otherwise illegal or solicits conduct that is illegal under laws applicable to You or to the Company;
13. otherwise violates the Terms of Use.
3.6 You must not knowingly upload, post or otherwise transmit to the Website any material that contains software viruses or any other computer code, files or programs that might interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or do any other act which causes or contributes to the same.
3.7 Upon submission of content to the Website by You, the text may be automatically screened using dictionary software for detecting indecent or offensive words.
3.8 Any content submitted by You that is deemed to be in breach of the Terms of Use will result in the content being removed, even if You have paid to use the services provided through the Website.
3.9 Activity that is brought to our attention, which appears in our sole judgment to violate the law, may be brought to the attention of the proper authorities.
3.10 You may not post, modify, distribute, or reproduce in any
way any copyright material, trademarks, or other proprietary information belonging
to others without obtaining the prior written consent of the owner of such proprietary
rights. The Company prohibit use of the Website of any user who infringes the copyright
or other rights of others. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Website by another user in a way that constitutes
copyright infringement, please notify the Company.
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4. Communications with Users
4.1 The Company may send You communications, such as service announcements, administrative messages and a Newsletter. It is a condition of becoming and remaining a Registered User that You agree to receive these communications.
4.2 The Company may, through the Newsletter, provide marketing opportunities to its partners. The limitations on liability set out in the Terms of Use apply to the fullest extent in relation to all material contained in the Company's Newsletter. The Company make no representation or warranty express or implied concerning any goods or services offered or provided by any third party and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from the Company.
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5. No Warranty; Liability and Indemnity
5.1 The Company provides all content in the Website "AS IS" and without any warranty of any nature whatsoever, nor (without prejudice to the comprehensive nature of the foregoing) do the Company make any representations concerning the suitability, reliability or accuracy for any purpose of the Website or the contents of the Website.
5.2 The Company shall not be liable in contract, tort (including negligence), or otherwise, for direct, consequential, indirect, or punitive loss or damages, loss of business or business information, business interruption, loss of profits or anticipated savings, loss of contracts or loss of or damage to data, or for pure economic loss, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties. In addition, the Company cannot be held liable for any content that is posted by Users to the Website. You acknowledge and agree that it would not be possible for all such content to be perfectly screened, and You agree to take the risk that content may be posted which violates your rights or contains errors or inaccuracies, without any recourse against the Company.
5.3 You will indemnify the Company, its subsidiaries and affiliates,
and their respective officers, agents, partners and employees, against any loss,
liability, demand, claim or legal proceedings and for any damage, whether direct, indirect or consequential, loss of data, restriction or loss of access or technical errors resulting from your actions (including resulting from the content posted by You or your use of the Website or any breach of any term in this agreement.).
5.4 Any material obtained through the use of the Website is obtained at your own risk, and You are solely responsible for any damage to or the destruction of your computer system or loss of data or any other damage whatsoever that results from the download of any such material in its original form or as a result of any virus infection.
5.5 Nothing in the Terms of Use limits the Company's liability for anything which may not be limited under the law applicable to the Terms of Use. Any statutory rights You may have under consumer protection legislation remain unaffected.
5.6 In some jurisdictions, limitation or exclusion of liability is only permitted where such limitation is fair and/or reasonable. The Company provides a comprehensive service at a minimal cost and, having considered all matters, You agree that the limitations of liability set out in the Terms of Use are fair and reasonable.
5.7 If You are dissatisfied with the Website, or do not agree to any of the terms of the Terms of Use, your sole and exclusive remedy is to discontinue using the Website.
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6. Minors
6.1 The consent of a parent, guardian or educational supervisor shall be required before any Minor can use the Website. Use of any part of the Website is confirmation that the person is an adult or is a Minor who has received permission from a parent, guardian or educational supervisor to use the Website.
6.2 The consent of a parent, guardian or educational supervisor shall also be required before any Minor can become a Registered User.
6.3 The Company cannot be held responsible for misuse of a Registered User's invitations; nor shall they be held liable in the event that a Minor falsely claims to be 16 or over.
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7. Registration and Security
7.1 As part of the registration process, You will select a unique username and password your entry. You must provide the Company with accurate, complete, and updated personal registration information. You must not use a username or password that the Company, in its sole discretion, deems offensive or otherwise inappropriate. You also agree that you will not use the username or password of another user, nor
will you disclose your password to a third party.
7.2 You shall notify the Company immediately of any known or suspected unauthorized use(s) of your entry, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You will be responsible for maintaining the confidentiality of your password. You acknowledge and agree that under no circumstances can the Company be held liable for any acts or omissions by a Registered or other User of the Website.
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8. Site Fees
8.1 Subject to the terms of the Terms of Use, the entry created by Registered Users via the Website is available to be viewed online at no charge.
8.2 When You register to create an entry, You will pay the prevailing Individual Package or Family Package (with or without multimedia subscription) at the time, as defined in the Company's Price List (available upon request). This rate will entitle you to a maximum amount of website space (1.5 MB for Single; 5mb for Family or as determined by the Company) and an updating service (see 8.3).
8.3 All entries can be edited without charge for the first 12 months of your registration, thereafter you must pay the prevailing annual rate as defined
in the Company's Price List (available upon request).
8.4 Additional space can be made available to each Individual or Family registrant upon payment of the prevailing rate as defined in the Company's Price List (available upon request).
8.5 You acknowledge that the Company is entitled to alter the amount
or the basis of any fees, provided that such amount or basis is clearly stated at
the time when You agree to the Terms of Use or prior to any fees being taken.
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9. Termination
9.1 The Company shall have the right to edit or delete your content and/or terminate the Terms of Use and/or your access to the Website, at any time without notice in their absolute discretion. For the avoidance of doubt and without
limiting the general right as stated above, the Company shall have the right to edit or delete your content and/or terminate the Terms of Use, and/or your access to the Website, at any time without notice in the event that:
1. You breach any term of the Terms of Use;
2. Technical or other issues, such as regulatory or statutory change,
or any other event beyond our reasonable control, mean that it is no longer practicable or possible for the Company to continue to operate the Website in whole or part.
9.2 The Terms of Use shall automatically terminate in the event that You unsubscribe from the services provided via the Website or from the communications sent to you from the Company.
9.3 A Registered User may at any time ask the Company to delete without charge a site created by that User.
9.4 Upon termination of the Terms of Use or access to the Website (for whatever reason), there shall be no refund of money already paid to the Company.
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10. General
10.1 The parties agree to refer disputes of any sort whatsoever, arising out of or relating in any way to the subject matter of this agreement, to arbitration in England by a sole arbitrator agreed by the parties or in default of agreement, appointed by the Chairman of the Bar Council of England and Wales.
Nothing in this Clause shall prevent the Company from seeking injunctive relief.
10.2 Correspondence must be sent by post to: ME REMEMBERED, 1-2 St. John's Path, Clerkenwell, London. EC1M 4DD or by email to contact@meremembered.com
10.3 The Terms of Use, which incorporates our Privacy Policy, constitutes the whole of the legal contract between You and the Company.
10.4 The Terms of Use and any complaint arising from them shall be governed by and construed in accordance with English law.
10.5 The parties do not intend the Terms of Use to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
10.6 In the event that any term of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable.
10.7 The Company reserves the right to assign this agreement, and to assign, license or subcontract any or all of our rights and/or obligations under this agreement. You may not without the written consent of the Company assign, license or subcontract this agreement or any of your rights or obligations under it.
10.8 The Company reserves the right to update and change the Terms of Use from time to time without notice or acceptance by You. If any portion of this agreement or any change of this agreement of the Website is unacceptable to You or will cause You to no longer be in compliance with the agreement, You may discontinue use of the Website at any time. Continued use of the Website now or following changes in this agreement implies that You have read, accepted and are bound by the changes.
10.9 The Company shall not file a specific copy of the Terms of Use with You.
10.10 The Terms of Use are only available in English.
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