Last updated: October 13, 2018
Thanks for using Memspace! Please read these terms of service ("Terms") carefully before using services, client software and websites ("Services") operated by Memspace ("us", "we", or "our").
Your access to and use of our Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
By accessing or using our Services you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Services.
Our Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, or other material ("Content"). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
By posting Content on or through the Services, You represent and warrant that:
- (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and
- (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Services.
Memspace has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Services are the property of Memspace or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Our Services allow you to share Content with others, please think carefully about what you share.
By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless it's cancelled or terminated under these Terms.
Except when required by law, paid Subscription fees are non-refundable.
Memspace, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions.
Memspace will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Memspace may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
At any time and without notice, Memspace reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Services may contain links to third party web sites or services that are not owned or controlled by Memspace.
Memspace has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Memspace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Memspace and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.
Limitation Of Liability
In no event shall Memspace, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
- (i) your access to or use of or inability to access or use the Services;
- (ii) any conduct or content of any third party on the Services;
- (iii) any content obtained from the Services; and
- (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Memspace its subsidiaries, affiliates, and its licensors do not warrant that
- a) the Services will function uninterrupted, secure or available at any particular time or location;
- b) any errors or defects will be corrected;
- c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
If you have any questions about these Terms, please contact us.