rememory.com - Terms & Conditions

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rememory.com provides users with access to an exciting collection of on-line resources through its service (the "Service"). The following are the terms and conditions for use of the rememory.com service including without limitation e-mail, instant messaging with other members through rememory.com Message Board, and other services which may be offered from time to time by rememory.com for use with your rememory.com account login name (each feature individually and collectively referred to as the "Service"). Please read them carefully. In addition, when using particular rememory.com services, you and rememory.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions of the Service ("TOS"). rememory.com also may offer other services from time to time that are governed by different Terms and Conditions of Services.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new rememory.com services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that rememory.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, information or personalization settings.

Access to the Service can only be made through the world wide web, either directly or through devices that access web-based content. Payment of any service fees associated with such access and all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device is your responsibility. rememory.com is not and will not be responsible for your access or connection to the Service.

By clicking the "I accept" button and completing the registration process, you are stating that you are eligible for an account and that you agree to be bound by the TOS. If you are younger than 18 years of age, you also acknowledge that you have obtained permission of your parent, guardian or adult carer to obtain an account and be bound by the TOS and agree not to seek access to any parts of the Service, or other rememory.com services which are restricted to persons over the age of 18.

The Service is offered to you conditioned on your acceptance without modification of the TOS.

1. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account, you must complete the registration process by providing us with current, complete and accurate information when prompted. You then will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, subject to the TOS, you are entirely responsible for any and all activities that occur under your account. You agree to notify rememory.com immediately of any unauthorized use of your account or any other breach of security.

In consideration of your use of the Service, you agree to:

a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration process (such information being the "Registration Data")
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete
c) immediately notify rememory.com of any unauthorized use of your password or account or any other breach of security,
d) ensure that you exit from your account at the end of each session. rememory.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section; and
e) grant rememory.com or its parents, subsidiaries, affiliates, officers and employees an irrevocable, worldwide, perpetual, non-exclusive, royalty-free and fully-sub-licensable right and licence to use, copy or reprint (in any material form including but not limited to hardcopy), distribute, publish, reproduce, broadcast, transmit (in any manner including to subscribers of a diffusion service), make adaptations and/or to incorporate it in other works in any form, media, or technology now known or later developed any stories or information (other than Registration Data) including photos or other graphics you elect to post for inclusion in publicly accessible areas of the Service or provided by you to or through rememory.com or any of the Services

If you provide any information that is untrue, inaccurate, not current or incomplete, or rememory.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, rememory.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

2. MEMBER PRIVACY

It is rememory.com's policy to respect the privacy of its members. rememory.com will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless rememory.com is required by law or has a good faith belief that such action is necessary to:

a) conform to legal requirements or comply with legal process;
b) protect and defend the rights or property of rememory.com;
c) enforce the TOS; or
d) act to protect the interests of its members or others.

rememory.com does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. For more information, see the rememory.com Privacy Statement.

Some personal information you provide to rememory.com may be stored outside of the country in which you reside. You agree that rememory.com may access your account, including its contents, as stated above or to respond to service or technical issues.

We do not allow any racist, sexist, or otherwise derogatory or defamatory language on this site. Sexually explicit language is also forbidden. Insulting, derogatory, or otherwise offensive language directed at other members of our community is strictly forbidden. If you do not agree with the viewpoints expressed by another member, please choose to simply not read their rememories. Personal attacks will not be tolerated, and will result in removal of the offender's account from the site. You also acknowledge that rememory.com may be required at law to remove any such offensive material from the Service and that rememory.com reserves its rights in such circumstances, including but not limited to suspending or terminating your account.

3. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS

The amount of storage space per member is currently limited, and some messages and other information may not be processed due to space constraints or outbound message limitations. The amount of instant messaging storage space is limited and some messages may not be processed due to space constraints or outbound message limitations. You agree that rememory.com is not responsible or liable for the deletion or failure to store messages or other information.

4. MEMBER CONDUCT

As a condition of your use of the Service, you warrant to rememory.com that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

The Service is provided to individuals only and for personal use only. You agree to use the Service only to send and receive and record personal information. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:

· Use the Service in connection with external surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
· Advertise or offer to sell or buy any goods or services for any non-personal purpose.
· Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
· Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under the TOS.
· Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
· Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
· Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
· Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
· Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
· Interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services.
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
· Impersonate any person or entity, including, but not limited to, a rememory.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
· upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit 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 non-disclosure agreements);
· upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

You acknowledge that rememory.com does not pre-screen Content, but that rememory.com shall have the right (but not the obligation other than in accordance with the Law) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, rememory.com shall have the right to remove any Content that violates the TOS or, in the opinion of rememory.com, is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by rememory.com or submitted to rememory.com, including without limitation information in rememory.com! Message Boards, rememory.com! Clubs, and in all other parts of the Service.

You acknowledge and agree that rememory.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

a) comply with legal process;
b) enforce or give effect to the TOS;
c) respond to claims that any Content violates the rights of third-parties; or
d) protect the rights, property, or personal safety of rememory.com, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve:

a) transmissions over various networks; and
b) changes to conform and adapt to technical requirements of connecting networks or devices.

rememory.com has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, rememory.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

5. LINKS TO THIRD PARTY SITES

The links included within the service may let you leave the service web sites ("linked sites"). The linked sites are not under the control of rememory.com and rememory.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. rememory.com is not responsible for any form of transmission received from any linked site. rememory.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by rememory.com of the site or any association with their operators.

6. DISCLAIMERS/LIMITATION OF LIABILITY

The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. rememory.com and/or its respective suppliers may make improvements and/or changes in the Service at any time.

rememory.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. rememory.com does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. All warranties are, to the fullest extent permitted by law, excluded.

You specifically agree that rememory.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that rememory.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that rememory.com is not responsible for any content sent using and/or included in the Service by any third party.

rememory.com and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The service is provided "as is" without warranty of any kind. rememory.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent permissible by law.

In no event shall rememory.com and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service or related web sites, with the delay or inability to use the service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if rememory.com or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites.

7. INDEMNIFICATION

You agree to indemnify and hold rememory.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. TERMINATION

You agree that rememory.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if rememory.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. rememory.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that rememory.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that rememory.com shall not be liable to you or any third-party for any termination of your access to the Service.
rememory.com may also terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by rememory.com. The amount of time that rememory.com currently views as an "extended" period of time is a first log-on 10 days or later after registration and after an initial log-on, 90 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases.

If you wish to terminate your account, your only recourse is to discontinue the use of the Service.
rememory.com shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

9. NO SPAM; DAMAGES

rememory.com will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay rememory.com liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise, at rememory.com's discretion, you agree to pay rememory.com's actual damages, to the extent such actual damages can be reasonably calculated.

10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. rememory.com shall not be responsible or liable for any part of any such dealings or promotions.

11. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by rememory.com, or rememory.com's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
rememory.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by rememory.com for use in accessing the Service.

Any rights not expressly granted under this TOS are reserved.

12. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES

rememory.com reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

Without prejudice to any other provision of this TOS or the Privacy Statement, you acknowledge that rememory.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on rememory.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that rememory.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that rememory.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that rememory.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. GENERAL

The laws of the State of Queensland, and Australia govern this agreement. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and rememory.com as a result of this agreement or use of the Service. rememory.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of rememory.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by rememory.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severed from this Agreement to the extent that the provision is unenforceable and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and rememory.com with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and rememory.com with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. To the fullest extent permissible by law, you and rememory.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

a) LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

b) SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognising the global nature of the Internet, you agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16. MODIFICATIONS TO SERVICE

rememory.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that rememory.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. NOTICE

Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

18. TRADEMARK INFORMATION

rememory.com, the rememory.com logo, rememory.com in Chinese Characters, and other rememory.com logos and product and service names are trademarks of rememory.com Pty Ltd (the "rememory.com Marks"). Without rememory.com's prior permission in writing, you agree not to display or use in any manner, the rememory.com Marks.

19. COPYRIGHT

rememory.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide rememory.com with the following information on copyright@rememory.com :

a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the site;
d) your address, telephone number, and e-mail address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.