Terms & Conditions

These terms of use are entered into by and between you and Memee ("Memee", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of Memee, including any content, functionality and services offered on or through any other (the "App" or the “Website”).

Please read the Terms of Use carefully before you start to use the App. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy incorporated herein by reference.

If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the App

Basic Terms

1. You must be 13 years or older to use this App.

2. Sources of information we collect about you.

3. You are responsible for any activity that occurs under your screen name.

4. You are responsible for keeping your password secure.

5. You must not abuse, harass, threaten, impersonate or intimidate other Memee users.

6. You may not use the Memee service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Memee service.

8. You must not modify, adapt or hack Memee or modify another website so as to falsely imply that it is associated with Memee.

9. You must not access Memee's private API by any other means other than the Memee application itself.

10.You must not crawl, scrape, or otherwise cache any content from Memee including but not limited to user profiles and photos.

11. You must not create or submit unwanted email or comments to any Memee members ("Spam").

12. You must not use web URLs in your name without prior written consent from Memee, inc.

13. You must not transmit any worms or viruses or any code of a destructive nature.

14. You must not, in the use of Memee, violate any laws in your jurisdiction (including but not limited to copyright aws).

15. Violation of any of these agreements will result in the termination of your Memee account. While Memee prohibits such conduct and content on ts site, you understand and agree that Memee cannot be responsible for the Content posted on its website and you nonetheless may be exposed to such materials and that you use the Memee service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the Memee service for any reason, without notice at any time.

2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

3. We reserve the right to refuse service to anyone for any reason at any time.

4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

5.We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights in Content on Memee

1. Memee does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Memee Services. By displaying or publishing ("posting") any Content on or through the Memee Services, you hereby grant to Memee a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Memee Services.

2.Some of the Memee Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Memee may place such advertising and promotions on the Memee Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

3. You represent and warrant that: (i) you own the Content posted by you on or through the Memee Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Memee Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Memee Services.

4. The Memee Services contain Content of Memee ("Memee Content"). Memee Content is protected by copyright, trademark, patent, trade secret and other laws, and Memee owns and retains all rights in the Memee Content and the Memee Services. Memee hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Memee Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Memee Services.

5.The Memee Services contain Content of Users and other Memee licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Memee Services.

6.Memee performs technical functions necessary to offer the Memee Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Memee Services.

7.Although the App and other Memee Services are normally available, there will be occasions when the Site or other Memee Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Memee. Also, although Memee will normally only delete Content that violates this Agreement, Memee reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Memee in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Memee encourages you to maintain your own backup of your Content. In other words, Memee is not a backup service. Memee will not be liable to you for any modification, suspension, or discontinuation of the Memee Services, or the loss of any Content.

Representation and Warranties

You represent and warrant to us that: (a) you are at least thirteen (13) years of age; (b) you are eligible to register and use the App and have the right, power, and ability to enter into and perform under the App; (c) any information you provide in connection with the App, including your business name, accurately and truthfully represents your business or personal identity; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the App; and (f) your use of the App will be in compliance with these Terms of Use.

Revision, Changes, Disclosures, and Notices

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. We may amend the Terms of Use at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our App or communicating it to you through E-Mail (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the App constitutes your acceptance of such Revised Version. Any dispute that arose before the changes will be governed by the Terms of Use in place when the dispute arose.
We may provide disclosures and notices required by law and other information about your Memee Account to you electronically, by posting it on our App, pushing notifications through the Memee Account, or by emailing it to the email address listed in your Memee Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our App, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Memee Support.

Intellectual Property Rights

The App and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Memee, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Unless otherwise marked: (a) all material, data, and information on the App, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code (collectively, the “Non- Code Content”) is licensed; and (b) all software or computer code (collectively, the “Code Content”) is licensed.

Trademarks

The Memee name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Memee or its affiliates or licensors. You must not use such marks without the prior written permission of Memee.

Prohibited Uses

1. You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App

2.In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

3. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.

5.To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

6. To impersonate or attempt to impersonate Memee, a Memee employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

8. Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App.

9. Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.

10. Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.

11.Use any device, software or routine that interferes with the proper working of the App.

12. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

13.Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.

14. Attack the App via a denial-of-service attack or a distributed denial-of-service attack.

15. Otherwise attempt to interfere with the proper working of the App.

16. Transfer any rights granted to you under the Terms of Use.

17. Use the App in a way that distracts or prevents you from obeying traffic or safety laws.

18. Use the App for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm.

If we reasonably suspect that your Memee Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Memee Account, and any of your transactions with law enforcement.

Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
This App includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Memee, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Memee. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

App Visits and Information

All information we collect on this App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the App. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the App and Social Media Features

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party App linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such App. We reserve the right to withdraw linking permission without notice.

Geographic Restrictions

We make no claims that the App or any of its content is accessible or appropriate outside of the United Kingdom. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE MEMEE NOR ANY PERSON ASSOCIATED WITH THE MEMEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER MEMEE NOR ANYONE ASSOCIATED WITH MEMEE REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MEMEE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Indemnification

You agree to defend, indemnify and hold harmless Memee, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, any use of the App's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the App.

Governing Law and Venue

These Terms will be governed by and construed and enforced in accordance with the laws of United Kingdom, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction.

Dispute Resolution

Anydispute arising out of or in connection to this Terms of Use, including any question regarding its existence, validity, or termination, shall first seek settlement of that dispute by mediation in accordance with the rules of the International Chamber of Commerce (ICC) Mediation Rules, which procedure is deemed to be incorporated by reference in this clause.
If the dispute is not settled by mediation within 30 days of the appointment of the mediator, or such further period as the Memee and the user shall agree in writing, the dispute shall be referred to and finally settled through binding arbitration under the Rules of Arbitration of the ICC.
The number of appointed arbitrators shall be one or more in accordance with the said Rules of Arbitration.
The seat, or legal place, of arbitration, shall be London, United Kingdom.
The language to be used in the arbitral proceedings shall be in English.

Severability

If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Waiver

No waiver of Memee of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Memee to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Miscellaneous

We may assign our rights and obligations under these Terms of Use. We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control. This App does not create any form of partnership, joint venture or any other similar relationship between you and us. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and us and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms of Use, will be provided in electronic form.