By using this Site, you are agreeing to the provisions of these Terms of Service (these “Terms of Service”), as they constitute a legally binding agreement between you (the user of this Site or the user of any of the services provided by this Site, including mobile applications) and http://memtext.azurewebsites.net(this “Site”). These Terms of Service, as amended and in effect at the time, govern your use of this Site. As used in these Terms of Service, “we,“ “us“ or “our“ means this Site, and “you,“ means you, the user of this Site. By using this Site, or any service provided by this Site, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service, as amended and in effect at the time. If you do not agree to these Terms of Service, do not use this Site or any service provided by this Site.
Services: This Site currently provides an opportunity for users to create an online journal of pictures, videos and/or text to privately store into different categories, share (if user chooses) and print. This Site is intended for your personal and noncommercial lawful use. Subject to these Terms of Service, you may use this Site, and the information made available on this Site, for informational, noncommercial and personal use only. You may not use this Site for any other purpose or for any unlawful purpose.
Submissions: Through this Site, you may create text, video, text, images and other information (“submission”) for your private use or to share with others. In connection with any such submission, you warrant that you own or otherwise control all rights to that submission and that the use of that submission by this Site or its affiliates, will not misappropriate, infringe upon or violate the intellectual or industrial property rights of any person. Further, you grant this Site, and its affiliates, and their respective assigns, a nonexclusive, royalty-fee, perpetual, irrevocable right and license, with the right of sublicense, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world and in any media based upon the instructions that you provide to this Site. You hereby authorize this Site to provide your submission to the recipient(s) that you identify or to the public if you so specify.
Electronic Transaction: Your use of the services on this Site includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Site, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Responsibility for Content: You are solely responsible for the content you send or transmit using this Site or any service provided by this Site. You agree not to (i) send or transmit using this Site or any service provided by this Site any content that is threatening, harassing, harmful, abusive, vulgar, obscene, lewd, lascivious, pornographic, tortuous, defamatory, libelous, racist, offensive, or objectionable, or that promotes violence against any individual, government, or other person; (ii) make in connection with your use of this Site or any service provided by or made available on this Site any illegal disclosure of information relating to an individual or otherwise; (iii) send or transmit using this Site or any service provided by this Site any content that violates or infringes upon or misappropriates anyone’s intellectual property or other proprietary rights or the privacy or publicity rights of any individual; or (iv) send or transmit using this Site or any service provided by this Site any content that may give rise to civil or criminal liability on the part of this Site, or which violates any law. Upon your transmission of any prohibited content, as set forth in this paragraph, to this Site, this Site may remove all content relating to such prohibited content provided by you. This Site has no obligation to monitor the content you post or transmit to this Site but this Site may do so and may block, and destroy any content which does not comply with these Terms of Service, as determined by this Site in the exercise of its sole and absolute discretion. You assume full responsibility for any loss, theft, or destruction of any such content and this Site has no liability or obligation to you for any loss, theft or destruction of such content.
No Unlawful Use/Compliance with Law: You may not use this Site, or any service provided by this Site, for any unlawful purpose. You agree to comply with all applicable law governing your use of this Site, or any service provided by this Site. You agree not to disrupt, place unreasonable burdens or excessive loads on, or otherwise interfere with the normal operation of this Site or another user’s use and enjoyment of this Site.
Proprietary Rights: The information and other content of this Site is licensed or owned by this Site and is protected by trademark and copyright under United States and foreign laws. This Site may contain other proprietary notices and copyright information, the terms of which must be observed. You may not use any information or other material on this Site, including content and graphic images, in any manner that infringes any copyright, trademark or other proprietary right of any person. You may not reproduce, copy, sell modify, display or make derivative works on translations of any information or other content made available on this Site. You have no right to distribute any information or other content made available on this Site. Any use of the information and other content of this Site not expressly permitted by these Terms of Service may violate copyright, trademark and other laws.
Copyright Infringement/Copyright Policy: If you believe that any submissions or other user contributions violate your copyright, please see our Copyright Policy at the bottom of this Site for instructions on sending a notice of copyright infringement. It is the policy of this Site to terminate the user accounts of repeat infringers.
Use of the Internet: Your use of this Site, and any service provided by this Site, is at your own risk. You understand that transmission of data or information (including communications by email over the internet or other publicly accessible networks) is not secure, and is subject to possible loss, interception or alteration while in transit. This Site does not assume any liability or obligation for any disclosure or interception of information or loss, damage, or injury that you may incur as a result of any transmissions over the Internet or other publicly accessible networks in connection with your use of this Site, or any service provided by this Site.
To use PrazeMe, you will need a computer or mobile device connected to the Internet.
Your Account: As a registered user of this Site, you may establish an account, by providing us with certain information such as your email address, name, birth date, place of birth, address, telephone and facsimile number, and you will choose a password to be used in conjunction with your email address to access features and services on this Site. In order to use this Site, you must enter your email address and password to access your account. Once you have authenticated your account, you will have access. As part of creating your account, you may also be requested to provide questions and/or secret answers which we use to help verify your identity and assist in resetting your password. You should not reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify this Site of any security breach of your account. This Site shall not be responsible for any losses arising out of the unauthorized use of your account. You are responsible for all use of this Site using your email address, user name and password. You may not access or use any other user’s account at any time without the permission of this Site. Do not attempt to access the password protected area if you do not have an authorized user name and password from us. This Site may revoke your password and access to this Site for any reason at its sole discretion, without notice to you. You agree to provide accurate and complete information when you register with, and as you use, this Site. You agree to update your registration data to keep it accurate and complete. You agree that this Site may store and use the data you provide for use in maintaining and billing fees to your account.This Site has the right, but not the obligation, to monitor any materials submitted by you and to investigate any reported or apparent violation of these Terms of Service, and to take any action that this Site has in its sole discretion deems appropriate, including, without limitation, termination hereunder or under this Site’s Copyright Policy.
Billing: This Site accepts these forms of payment: credit cards (Visa, MasterCard, Discover, and American Express) issued by U.S. banks. Billing occurs at the time of or shortly after your transaction and the amount is deducted at the time of your transaction. In addition, automatic recurring payments will be made every year for the applicable membership fee. You will not receive advance notice of the automatic recurring payment, but you will receive a post-payment confirmation email following the payment processing. If you wish to cancel you automatic recurring payments, you may do so at any time by following the instructions in the Cancellation/ Refund Policy below. You are responsible for the timely payment of all fees and for providing this Site with a valid credit card. The fee will be billed to the credit card account you designate during the registration process. We will attempt to contact you for all non-payments/rejected payments. After 30 days and if we cannot verify your death, your account will be closed and your content deleted.
Refund Policy: You may cancel at any time by providing written notice to this Site. There are no refunds. All sales are final. Upon receipt of cancellation, all content will be deleted.
Disclaimer of Warranties/Liability Limitation: THIS SITE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS SITE’S SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONDENTS, AND YOU AGREE THAT FROM TIME TO TIME THIS SITE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THIS SITE’S SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THIS SITE OR THE CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, AND RELIABILITY OF THIS SITE, YOUR USE OF THIS SITE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE OR BY COURSE OF PERFORMANCE.YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS SITE’S SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THIS SITE ARE PROVIDED BY OR MADE AVAILABLE BY THIS SITE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS.IN NO CASE SHALL THIS SITE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, COLLATERAL, EXEMPLARY, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THIS SITE’S SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE THIS SITE’S SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE’S SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THESE LIMITATIONS AND EXCLUSIONS APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY OR ANY BREACH OR DEFAULT BY THIS SITE OR ANY THIRD PARTY PROVIDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THIS SITE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.THIS SITE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THIS SITE’S SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THIS SITE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Termination/Reservation of Rights: If you fail, or this Site suspects that you have failed, to comply with any of the provisions of these Terms of Service, this Site at its sole and absolute discretion, with or without cause, and without notice to you may: (i) terminate these Terms of Service and/or your account, without refund; (ii) refuse any and all current or future use of this Site (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if this Site reasonably suspects that you have provided untrue, inaccurate, not current or incomplete information; and/or (iii) preclude your access to this Site (or any part thereof).All rights not expressly granted to you by these Terms of Service are reserved by this Site. This Site reserves the right at any time and from time to time to modify, suspend, or discontinue these Terms of Service and this Site’s service (or any part or content thereof), in whole or in part, at any time with or without notice to you, and this Site will not be liable to you or to any third party should it exercise such rights or loss of related information or other content. Changes to these Terms of Service on this Site will become effective when posted on this Site. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Service. We recommend that you review these Terms of Service each time you visit this Site, as your continued use of this Site will be deemed acceptance thereof.
Indemnification: You agree to indemnify and hold this harmless this Site, its subsidiaries, and affiliates, and their respective managers, members, shareholders, officers, directors, employees, agents, servants, and contractors (each an “Indemnified Person”) from and against any and all liability, loss, injury, damage, cost, or expense including, but not limited to, reasonable attorneys’ fees and costs, which an Indemnified Person may incur, directly or indirectly, as a result of or arising from any claim or demand made by you or a third party, that arises out of, is connected with, or is in any manner related to your use of this Site or any service provided by this Site, your conduct in relation to this Site, or any service provided by this Site, your violation of these Terms of Service, your violation of the rights of any other person, or your violation of law. Your liability for indemnification survives any termination of your account or registration.
Headings/Severability: Paragraph, section and other headings used in these Terms of Service are used for convenience only, and are not to be construed as limiting these Terms of Service or any of its several paragraphs, sections or other parts to the provisions described by those headings.Each paragraph, sentence, and part thereof of these Terms of Service is severable from each other paragraph, section, provision, sentence, or part thereof of these Terms of Service, and the invalidity or unenforceability of any such paragraph, section, provision, sentence, or part thereof, shall not affect the validity or enforceability of the balance of these Terms of Service.
Foreign Jurisdictions: This Site is based in the United States. If you access this Site from a foreign jurisdiction or send or transmit any content to a foreign jurisdiction, you are responsible for complying with the law or foreign jurisdiction.
Governing Law: Florida law and controlling United States federal law govern any action or proceeding relating to these Terms of Service and your use of this Site, or any service provided by this Site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under these Terms of Service. Any legal action or other judicial proceeding that is brought in relation to this Site, these Terms of Service or your use or failure to use this Site or any service provided by this Site must be brought in Hillsborough County, Florida.
Contact Information: If you have questions about these Terms of Service or this Site, please contact: email@example.com. All notices of copyright infringement claims should be sent to the Copyright Agent designated in our Copyright Policy at the bottom of this Site in the manner and by the means set forth therein.