Memento Social Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP
What's in these Terms?
These Terms of Use (the Terms) tell you the rules for using our mobile application Memento (the App), and our website mementosocial.com (our Website) (together our Portfolio).
Other Terms which may apply to you
These Terms refer to the following additional terms, which also apply to your use of our Portfolio:
Our Privacy Notice;
Our Community Guidelines, which set out the permitted uses and prohibited uses of our Products. When using our Portfolio, you must comply with these Community Guidelines.
By using our Portfolio you accept these terms
By using our Portfolio, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use any aspect of our Portfolio.
Changes to these Terms
We may amend these Terms from time to time. If we do, such modified Terms will be available via our App and on our Website; every time you wish to use our Portfolio, please check these Terms to ensure you understand the Terms that apply at that time.
If you continue to use the Portfolio, you will be confirming that you accept these updated Terms and agree to comply with them.
If you do not wish to agree to these or any updated Terms, you can delete your account by following the steps in clause 8.2.
Who we are and how to contact us
Memento is a mobile application and associated website operated by Memento Social Ltd (we / us), which contains real-world augmented reality experiences.
We are registered in England and Wales under company number 13023580 and have our registered office at Lincoln Cottage, Pine Grove, Windlesham, England, GU20 6AW.
We are a limited company. To contact us, please email [email protected].
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
Our App
Our mobile application contains real-world augmented reality experiences, meaning that while using our app through a smart phone or smart wearables, users will be able to view and interact with digital content (Mementos) integrated alongside the physical world.
These Mementos will be exact to each location. This allows users to not only attach digital content to locations anywhere in the world to revisit at a later stage and / or share with friends and family, but also, using our interactive map, create routes and trails between Mementos (Routes).
Use of the App
Who can use the App?
There is no age limit on using our Website. However, you must be over the age of 18 in order to use the App. We reserve the right to suspend or terminate any accounts which we suspect are operated by individuals under the age of 18.
If you have been convicted of any crimes of a sexual nature, you are not permitted to use the App in any form.
If we have previously disabled your account for violation of these Terms or any other reason, you are not permitted to create another account or continue using the App in any form.
Creating an account
In order to use the App, individuals (Users / you) will have to create an account with us, and have access to a supported mobile phone and internet connection. Accounts can be created using your email, or single sign-on via Apple, Facebook, or Google.
Users must keep details safe
Users must not disclose their password or any other piece of information as part of our security procedures to any other third party and agree to treat such information as confidential.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
Users are responsible for their own account
You are responsible for all activities that occur under your account, regardless of actual knowledge.
If any material or activity on your account is in breach of any of these Terms or our Community Guidelines, we may suspend or terminate your account. For further information on termination, see clause 8.
Safe and appropriate contact
Whenever you use the App, you must comply with the content standards set out in these Terms and our Community Guidelines.
Users must be aware of their surroundings, and are responsible for their own safety and security. You agree that your use of the App is at your own risk.
Users must not trespass, attempt to gain access to private property, or otherwise infringe the rights of others, including engaging in activity which might result in injury, death, property damage, nuisance, or liability of any kind.
Linking to Our App
You may link to our App, including your personalised profile on our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The place from which you are linking must comply in all respects with the content standards set out in these Terms and our Community Guidelines.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our App other than that set out in these Terms, please contact [email protected].
User Generated Content
Uploading Content to our App
Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the content standards set out in our Community Guidelines.
You warrant that any such contribution or communication complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Your Licence to Us
We do not claim ownership of any of your content, except insofar as you have used content we have made available to you in the App. Nothing in these terms restricts rights you have in your own user content.
Any content you upload to our App will be considered non-confidential and non-proprietary. You are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties.
When you upload or post content to our App, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicenseable, licence to use, reproduce, modify, distribute, prepare derivative works of, display, publicly display and perform, market, and promote that user-generated content in connection with the service provided by the App and across different media including to promote the App or the service.
This licence will end when your content is removed from our Products, except insofar as your content has been used by others in accordance with this licence, in which case it will continue to apply until that content has been deleted.
You are solely responsible for your user content; you represent and warrant that you own it all or have the rights necessary to grant us licenses. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the contents, against us or any third party designated by us.
Rights of Other Individuals
Whenever you use the App, you must comply with the content standards set out in these Terms and our Community Guidelines.
You must not post private or confidential information belonging to other people without permission, and do anything to infringe the rights of others, including third party intellectual property rights, and rights of publicity or privacy.
You must not upload or share any content which features residential property or personal information.
App Content
Do not rely on information on this App
The content on our App is provided for entertainment only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
Users are responsible for their own safety and must assess their own abilities. Users must not take risks when using the App, nor encourage others to do so. This includes the placing and accessing of Mementos, and the creation, and following, of Routes.
Others’ Opinions
This App may include information and materials uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
If you become aware of any content on our App which violates any of our Terms or our Community Guidelines, please let us know at [email protected].
Misuse of our Portfolio
Viruses
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Portfolio, the server on which our Portfolio is stored or any server, computer or database connected to our Portfolio. You must not attack our Portfolio via a denial-of-service attack or a distributed denial-of service attack.
We will report any such acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
Infringing Content
You must not upload any content which is in breach of these Terms or our Community Guidelines. Doing so constitutes misuse of the app, and we reserve the right to terminate any account you have with us if you upload such content.
Impersonating Others
You do not need to use your real name or disclose your identity to us. However, you must not impersonate anyone else, living or dead, including business or companies you are not affiliated with.
Text or data mining, or scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Portfolio or any services provided via, or in relation to, our App. This includes using (or permitting, authorising or attempting the use of):
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Feedback
Reporting Infringing Content
If you become aware of any content that you consider to be in breach of these Terms, including our Community Guidelines, please contact us immediately on [email protected]. We will consider each report on its merits, and shall solely decide what action, if any, it is necessary to take. We are under no obligation to respond to your report, nor to take any action.
You must not misuse our reporting, dispute or appeals channels, including by making fraudulent or groundless reports or appeals. We reserve our rights to suspend or terminate any account you have with us if we, in our sole opinion, consider that you are misusing our reporting, dispute or appeals channels.
Removal of Content
We have the right to remove any posting you make on our App if, in our opinion, any content does not comply with these Terms, including the content standards set out in our Community Guidelines.
You are solely responsible for securing and backing up your content. We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from removal of content.
If you wish to contact us in relation to content you have uploaded to our App and that we have taken down, please contact [email protected].
Your Feedback
If you wish to give feedback about any other content, please contact us on [email protected].
While we welcome and appreciate feedback and suggestions, both positive and negative, we are under no obligation to keep such feedback and suggestions confidential, and may use them without restriction or obligation to you.
Termination
Compulsory Suspension and Termination
We may suspend or terminate your account at our sole discretion without notice if, at any time, in our sole discretion, you fail to comply with these Terms or breach our Community Guidelines. Termination of any account will permanently delete the account and any related Mementos, as further detailed in 9.2 below.
We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from termination or suspension of any accounts.
If you wish to contact us in relation to a suspension or termination action that we have taken, please contact [email protected].
Deleting your account
If you no longer wish to have an account with us, please email [email protected]. Your account, including any content therein, will be permanently deleted within 30 days of us receiving your deletion request.
After you have requested deletion of your account, your content will no longer be visible to other users. However, it will continue to be subject to these Terms, including our Privacy Notice.
Your content cannot be removed where it has been used by others in accordance with these Terms.
We will remove content from our systems except where doing so would restrict our ability to comply with any relevant laws, regulations, or policies, including but not limited to the investigation or identification of violation of these Terms, or the preservation of evidence. In these cases, we will retain your content for no longer than is necessary in the specific case.
To learn more about how we use and retain your information, please review our Privacy Notice. Inactive Accounts We reserve the right to, in our sole discretion, delete any accounts which are inactive for over 6 months. Where practicable, we will try to provide reasonable written notice of this action in advance of deleting any accounts.
We have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
Suspension or Withdrawal of our Products
We do not guarantee that our Portfolio, or any content on our Portfolio, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Portfolio for business and operational reasons.
We will try to give you reasonable notice of any suspension or withdrawal, but we have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
Intellectual Property
Our Rights in the Portfolio
We are the owner or the licensee of all intellectual property rights in our Portfolio, and in the material published on our Portfolio, except where such material is user-generated. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged (except where the content is user-generated).
You must not modify, translate, create derivative works of, or reverse-engineer, or attempt to do any of these things in relation to, our Portfolio. If you print off, copy, download, share or repost any part of our Portfolio in breach of these Terms, your right to use our Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trade Marks
The trade marks ‘Memento’, ‘Memento Social’, and any and all Memento logos are our trade marks. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these Terms.
You may only use our intellectual property and trade marks with our prior written permission.
Your Licence to Use Our App
Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Products, including downloading and installing a copy of the App on a mobile device and to run such copy of the App, solely for your permitted use within these Terms.
If you use content covered by intellectual property rights that we have and make available in our App (for example, images, designs, videos or sounds we provide), we retain all rights to our content.
Our responsibility for loss or damage suffered by you
Use of the App
While we use all reasonable skill and care in providing the App, we do not guarantee that our App will be secure or free from bugs or viruses, nor that it will function without disruptions, delays or imperfections.
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
Users are responsible for their own personal safety while using the App. We are not responsible for any personal injury or property damage which is in any way related to your use of the App.
As long as we have acted with reasonable skill and care, we do not accept responsibility or liability for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or damage to business, goodwill or reputation; loss of opportunity; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter; or any indirect or consequential loss or damage arising under or in connection with your use of, or inability to use, our App or your use of or reliance on any content displayed on our App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Third Party Content on Our App
Where our Portfolio contains links to other apps, websites and / or other resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked apps, websites and / or other resources, or information you may obtain from them. We have no control over the contents of those apps, websites and / or other resources.
Similarly, this App may include information and materials uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
Use of User Personal Information
We will only use your personal information as set out in our Privacy Notice.
Jurisdiction
Individuals
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Businesses
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Miscellaneous
Entire Agreement
These Terms, our Community Guidelines, our Privacy Policy and our Cookie Policy constitute the entire and exclusive understanding and agreement between us and you regarding our Portfolio, and these terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding our Portfolio.
Severability
The illegality or unenforceability of any provision of these terms shall not affect the continuation or enforcement of the remainder of these Terms.
Third Parties
These Terms do not give any rights to third parties, and you may not transfer your rights under these Terms without our consent.
Force Majeure
Neither ourselves nor any users shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such rights or provisions. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP
What's in these Terms?
These Terms of Use (the Terms) tell you the rules for using our mobile application Memento (the App), and our website mementosocial.com (our Website) (together our Portfolio).
Other Terms which may apply to you
These Terms refer to the following additional terms, which also apply to your use of our Portfolio:
Our Privacy Notice;
Our Community Guidelines, which set out the permitted uses and prohibited uses of our Products. When using our Portfolio, you must comply with these Community Guidelines.
By using our Portfolio you accept these terms
By using our Portfolio, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use any aspect of our Portfolio.
Changes to these Terms
We may amend these Terms from time to time. If we do, such modified Terms will be available via our App and on our Website; every time you wish to use our Portfolio, please check these Terms to ensure you understand the Terms that apply at that time.
If you continue to use the Portfolio, you will be confirming that you accept these updated Terms and agree to comply with them.
If you do not wish to agree to these or any updated Terms, you can delete your account by following the steps in clause 8.2.
Who we are and how to contact us
Memento is a mobile application and associated website operated by Memento Social Ltd (we / us), which contains real-world augmented reality experiences.
We are registered in England and Wales under company number 13023580 and have our registered office at Lincoln Cottage, Pine Grove, Windlesham, England, GU20 6AW.
We are a limited company. To contact us, please email [email protected].
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
Our App
Our mobile application contains real-world augmented reality experiences, meaning that while using our app through a smart phone or smart wearables, users will be able to view and interact with digital content (Mementos) integrated alongside the physical world.
These Mementos will be exact to each location. This allows users to not only attach digital content to locations anywhere in the world to revisit at a later stage and / or share with friends and family, but also, using our interactive map, create routes and trails between Mementos (Routes).
Use of the App
Who can use the App?
There is no age limit on using our Website. However, you must be over the age of 18 in order to use the App. We reserve the right to suspend or terminate any accounts which we suspect are operated by individuals under the age of 18.
If you have been convicted of any crimes of a sexual nature, you are not permitted to use the App in any form.
If we have previously disabled your account for violation of these Terms or any other reason, you are not permitted to create another account or continue using the App in any form.
Creating an account
In order to use the App, individuals (Users / you) will have to create an account with us, and have access to a supported mobile phone and internet connection. Accounts can be created using your email, or single sign-on via Apple, Facebook, or Google.
Users must keep details safe
Users must not disclose their password or any other piece of information as part of our security procedures to any other third party and agree to treat such information as confidential.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
Users are responsible for their own account
You are responsible for all activities that occur under your account, regardless of actual knowledge.
If any material or activity on your account is in breach of any of these Terms or our Community Guidelines, we may suspend or terminate your account. For further information on termination, see clause 8.
Safe and appropriate contact
Whenever you use the App, you must comply with the content standards set out in these Terms and our Community Guidelines.
Users must be aware of their surroundings, and are responsible for their own safety and security. You agree that your use of the App is at your own risk.
Users must not trespass, attempt to gain access to private property, or otherwise infringe the rights of others, including engaging in activity which might result in injury, death, property damage, nuisance, or liability of any kind.
Linking to Our App
You may link to our App, including your personalised profile on our App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The place from which you are linking must comply in all respects with the content standards set out in these Terms and our Community Guidelines.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our App other than that set out in these Terms, please contact [email protected].
User Generated Content
Uploading Content to our App
Whenever you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the content standards set out in our Community Guidelines.
You warrant that any such contribution or communication complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Your Licence to Us
We do not claim ownership of any of your content, except insofar as you have used content we have made available to you in the App. Nothing in these terms restricts rights you have in your own user content.
Any content you upload to our App will be considered non-confidential and non-proprietary. You are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties.
When you upload or post content to our App, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicenseable, licence to use, reproduce, modify, distribute, prepare derivative works of, display, publicly display and perform, market, and promote that user-generated content in connection with the service provided by the App and across different media including to promote the App or the service.
This licence will end when your content is removed from our Products, except insofar as your content has been used by others in accordance with this licence, in which case it will continue to apply until that content has been deleted.
You are solely responsible for your user content; you represent and warrant that you own it all or have the rights necessary to grant us licenses. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the contents, against us or any third party designated by us.
Rights of Other Individuals
Whenever you use the App, you must comply with the content standards set out in these Terms and our Community Guidelines.
You must not post private or confidential information belonging to other people without permission, and do anything to infringe the rights of others, including third party intellectual property rights, and rights of publicity or privacy.
You must not upload or share any content which features residential property or personal information.
App Content
Do not rely on information on this App
The content on our App is provided for entertainment only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
Users are responsible for their own safety and must assess their own abilities. Users must not take risks when using the App, nor encourage others to do so. This includes the placing and accessing of Mementos, and the creation, and following, of Routes.
Others’ Opinions
This App may include information and materials uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
If you become aware of any content on our App which violates any of our Terms or our Community Guidelines, please let us know at [email protected].
Misuse of our Portfolio
Viruses
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Portfolio, the server on which our Portfolio is stored or any server, computer or database connected to our Portfolio. You must not attack our Portfolio via a denial-of-service attack or a distributed denial-of service attack.
We will report any such acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
Infringing Content
You must not upload any content which is in breach of these Terms or our Community Guidelines. Doing so constitutes misuse of the app, and we reserve the right to terminate any account you have with us if you upload such content.
Impersonating Others
You do not need to use your real name or disclose your identity to us. However, you must not impersonate anyone else, living or dead, including business or companies you are not affiliated with.
Text or data mining, or scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Portfolio or any services provided via, or in relation to, our App. This includes using (or permitting, authorising or attempting the use of):
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Portfolio or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Feedback
Reporting Infringing Content
If you become aware of any content that you consider to be in breach of these Terms, including our Community Guidelines, please contact us immediately on [email protected]. We will consider each report on its merits, and shall solely decide what action, if any, it is necessary to take. We are under no obligation to respond to your report, nor to take any action.
You must not misuse our reporting, dispute or appeals channels, including by making fraudulent or groundless reports or appeals. We reserve our rights to suspend or terminate any account you have with us if we, in our sole opinion, consider that you are misusing our reporting, dispute or appeals channels.
Removal of Content
We have the right to remove any posting you make on our App if, in our opinion, any content does not comply with these Terms, including the content standards set out in our Community Guidelines.
You are solely responsible for securing and backing up your content. We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from removal of content.
If you wish to contact us in relation to content you have uploaded to our App and that we have taken down, please contact [email protected].
Your Feedback
If you wish to give feedback about any other content, please contact us on [email protected].
While we welcome and appreciate feedback and suggestions, both positive and negative, we are under no obligation to keep such feedback and suggestions confidential, and may use them without restriction or obligation to you.
Termination
Compulsory Suspension and Termination
We may suspend or terminate your account at our sole discretion without notice if, at any time, in our sole discretion, you fail to comply with these Terms or breach our Community Guidelines. Termination of any account will permanently delete the account and any related Mementos, as further detailed in 9.2 below.
We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from termination or suspension of any accounts.
If you wish to contact us in relation to a suspension or termination action that we have taken, please contact [email protected].
Deleting your account
If you no longer wish to have an account with us, please email [email protected]. Your account, including any content therein, will be permanently deleted within 30 days of us receiving your deletion request.
After you have requested deletion of your account, your content will no longer be visible to other users. However, it will continue to be subject to these Terms, including our Privacy Notice.
Your content cannot be removed where it has been used by others in accordance with these Terms.
We will remove content from our systems except where doing so would restrict our ability to comply with any relevant laws, regulations, or policies, including but not limited to the investigation or identification of violation of these Terms, or the preservation of evidence. In these cases, we will retain your content for no longer than is necessary in the specific case.
To learn more about how we use and retain your information, please review our Privacy Notice. Inactive Accounts We reserve the right to, in our sole discretion, delete any accounts which are inactive for over 6 months. Where practicable, we will try to provide reasonable written notice of this action in advance of deleting any accounts.
We have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
Suspension or Withdrawal of our Products
We do not guarantee that our Portfolio, or any content on our Portfolio, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Portfolio for business and operational reasons.
We will try to give you reasonable notice of any suspension or withdrawal, but we have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
Intellectual Property
Our Rights in the Portfolio
We are the owner or the licensee of all intellectual property rights in our Portfolio, and in the material published on our Portfolio, except where such material is user-generated. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged (except where the content is user-generated).
You must not modify, translate, create derivative works of, or reverse-engineer, or attempt to do any of these things in relation to, our Portfolio. If you print off, copy, download, share or repost any part of our Portfolio in breach of these Terms, your right to use our Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trade Marks
The trade marks ‘Memento’, ‘Memento Social’, and any and all Memento logos are our trade marks. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these Terms.
You may only use our intellectual property and trade marks with our prior written permission.
Your Licence to Use Our App
Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Products, including downloading and installing a copy of the App on a mobile device and to run such copy of the App, solely for your permitted use within these Terms.
If you use content covered by intellectual property rights that we have and make available in our App (for example, images, designs, videos or sounds we provide), we retain all rights to our content.
Our responsibility for loss or damage suffered by you
Use of the App
While we use all reasonable skill and care in providing the App, we do not guarantee that our App will be secure or free from bugs or viruses, nor that it will function without disruptions, delays or imperfections.
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
Users are responsible for their own personal safety while using the App. We are not responsible for any personal injury or property damage which is in any way related to your use of the App.
As long as we have acted with reasonable skill and care, we do not accept responsibility or liability for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or damage to business, goodwill or reputation; loss of opportunity; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter; or any indirect or consequential loss or damage arising under or in connection with your use of, or inability to use, our App or your use of or reliance on any content displayed on our App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Third Party Content on Our App
Where our Portfolio contains links to other apps, websites and / or other resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked apps, websites and / or other resources, or information you may obtain from them. We have no control over the contents of those apps, websites and / or other resources.
Similarly, this App may include information and materials uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
Use of User Personal Information
We will only use your personal information as set out in our Privacy Notice.
Jurisdiction
Individuals
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Businesses
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Miscellaneous
Entire Agreement
These Terms, our Community Guidelines, our Privacy Policy and our Cookie Policy constitute the entire and exclusive understanding and agreement between us and you regarding our Portfolio, and these terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding our Portfolio.
Severability
The illegality or unenforceability of any provision of these terms shall not affect the continuation or enforcement of the remainder of these Terms.
Third Parties
These Terms do not give any rights to third parties, and you may not transfer your rights under these Terms without our consent.
Force Majeure
Neither ourselves nor any users shall be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such rights or provisions. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
