By accessing or using the Memry Services, you represent and warrant (i) that you have read and understood the Agreements and will abide by them and (ii) that you are either 18 years old or more, or that you are at least 13 years old and have your parent’s or guardian’s consent to enter into the Agreements.
If you are not eligible to use the Memry Services under the terms set out in the Agreements, or if you do not agree to any of the provisions in the Agreements, you are not entitled to access or use the Memry Services.
3. YOUR ACCOUNT AND PASSWORD
You are obliged to register a Memry account to use the Memry Services. When you register an account you may - in order to speed up the registration process - choose to sign up for the Memry Service via your Facebook account, your Instagram account, Twitter account, or provide us with your email address, which will be your user name for the Memry Services, and a password (together the “Registration Information”).
You must ensure that the Registration Information that you provide is and remains valid, accurate and complete, and you are solely responsible for maintaining the confidentiality and security of your Registration Information.
We reserve the right to reclaim your user name suspend or terminate your Memry account if activities occur which, in our sole discretion, constitutes or may constitute a violation of the Agreements or of any applicable local or international laws, rules or regulations.
You may terminate your Memry account at any time, as described in the Termination section below.
The Memry Services, the content provided through it, and the trade names, logos, domain names and any other features of the Memry brand are the property of Memry AB (excluding such Third Party Content and licenses that are provided by a third party) and protected by copyright, trade mark and other intellectual property rights. Subject to your strict compliance with the Agreements, including but not limited to the User Guidelines, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferable license to make personal, non-commercial use of the Memry Services.
This license shall remain in effect until and unless your right to use the Memry Services is terminated in accordance with the Termination section below.
This license does not grant you any right to use the Memry Brand, whether for commercial or non-commercial use. Similarly, the trademarks, trade names, logos, domain names and other features of third parties featured in the Memry Services (together the “Third Party Brands”) are the sole property of such third parties, and this license does not grant you any right to use the Third Party Brands, whether for commercial or non- commercial use.
5. USER GUIDELINES
In your use of the Memry Services, we expect you to respect intellectual property rights. Any actions constituting an infringement of intellectual property rights are thus prohibited, including, but not limited to, the following: (i) downloading, reproducing, altering, sharing or making available to the public any content featured in the Memry Services in any other way than by using functionality which is provided in the Memry application; (ii) copying or adapting the object code of the Memry Services or reverse-engineering, decompiling, disassembling or creating derivative works based on the Memry Services or any part thereof; (iii) circumventing any technology used by Memry AB or any third party to protect content accessible through the Memry Services; or (iv) making commercial use of the Memry Services or any content included therein, including, but not limited to renting or leasing your Memry account or any part of the Memry Services.
We also expect you to respect the integrity and rights of other people, and you are, for example, not permitted to (i) register and/or use a user name which is offensive, abusive, defamatory or obscene, which impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false or misleading; (ii) use another person’s account, password or other information, unless you have the express permission from that other person; (iii) collect personal data, or any other kind of information about other users; (iv) introduce malicious content such as malware, trojan horses or viruses, or content which otherwise interferes with the Memry Services; (v) artificially manipulate the Memry Services by using scripts, bots, plugins, extensions or other automated processes; (vi) interfere with the Memry Services by tampering with, attempting to probe or testing the vulnerability of the Memry Services; or (vii) otherwise utilize the Memry Services in a way which conflicts the terms and conditions of the Agreements.
Memry AB has the right, in its discretion, to take such action as we see fit if you breach any of the above conditions or e.g. any of the other terms and conditions of the Agreements, including but not limited to taking legal action or reporting offending users to relevant authorities.
6. CONTENT ON THE MEMRY SERVICES
The Memry Services provides you with access to services, products and content of third parties (together the “Third Party Content”). You understand that by using the Memry Services that you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate. By linking, displaying or otherwise providing you access to Third party Content, we do not give any representation, warranty or endorsement with respect to the legality, accuracy, quality or authenticity of Third Party Content. All Third Party Content is used at your own risk, and such use is subject to the terms and conditions of the third party at hand.
We cannot monitor or control the Third Party Content available via the Memry Services, and take no responsibility or liability for such Third Party Content.
However, we strive to take down any offensive, harmful, inaccurate or otherwise inappropriate content in the Memry Services of which we are notified as soon as possible. For this reason, we encourage you to report any content in the Memry Services which is illegal, offensive, abusive or otherwise not in line with the Agreements to us, as set out in our Infringement Policy.
The Memry Services will include advertisements, which may be targeted to the content of your interest, queries made through the Memry Services, or other information. The types and extent of advertising are subject to change. In consideration for Memry AB granting you access to and use of the Memry Services, you agree that Memry AB and its third party providers and partners may place such advertising on the Memry Services.
8. CHANGES TO THE MEMRY SERVICES
The Memry Services are always evolving and we may from time to time and in our discretion introduce new features or services in the Memry Services, or release new versions of the Memry application. Any new services, features or versions will be subject to the Agreements. We will make reasonable efforts to keep the Memry Services operational and fully functional. However, we reserve the right to modify or discontinue, temporarily or permanently, any features or functions of the Memry Services, with or without notice. You understand and agree that any interruption, modification or discontinuation of the Memry Services or any feature or function thereof is made without any liability to you.
We reserve the right to limit the use or access to the Memry Services and to block, restrict or delete any content at any time, for any reason and without liability if we have reason to believe that such use, access or content is in breach of the Agreements or any laws.
Memry AB shall have no liability if you are unable to access certain content due to its removal from the Memry Services, whether by Memry AB or by the third party by which the Third Party Content was provided.
9. CHANGES TO THE AGREEMENTS
We may from time to time and in our discretion make changes to the Agreements. The date of last modification is stated at the end of each Agreement Document. It is your responsibility to check the Agreement Documents from time to time for updates.
When we make revisions of an Agreement Document that we consider material, we will inform you by way of a notification in the Memry Services. You will have no obligation to continue using the Memry Services following any such notification, but if you continue to use the Memry Services after said notification it will constitute your acceptance of the changes.
We respect the rights of intellectual property owners. If you have good faith belief that intellectual property rights are infringed via the Memry Services, or that the Memry Services contain content which is otherwise not in line with the Agreements, please report this to us as set out in our Infringement Policy.
12. DISCLAIMER AND REMEDIES
The disclaimers and limitations of liability of this section 12 reflect that the Memry Services are provided free of charge and you acknowledge that without the disclaimers and limitations Memry would need to charge for the Memry Services.
You understand and agree that the Memry Services are provided “as is” and “as available” without any express or implied warranty or representation whatsoever that it will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components. Further, Memry makes no warranty or representation, whether express or implied, for any merchantability, fitness for a particular purpose or non- infringement.
We do not warrant, endorse or assume responsibility for any Third Party Content featured in the Memry Services, and you understand and agree that Memry AB is not responsible or liable for any transaction between you or any provider of Third Party Content.
Limitations of Liability
In no event will Memry AB, its officers, shareholders, employees, agents, successors or assigns be liable for any indirect, incidental, special or consequential damages, or any loss of business, profits or revenues (whether incurred directly or indirectly), or loss or damage to any computer hardware or software, any loss of data, goodwill, or other intangible losses resulting from your access or use of the Memry Services or Third Party Content. Notwithstanding the foregoing, in no event shall the aggregate liability for Memry AB exceed EUR 100 or the amount you have paid to Memry AB (if anything) for your use of the Memry Services during the past 12 months.
You agree that your sole and exclusive remedy for any problems, losses, costs or dissatisfaction caused by the Memry Services, including without limitation your use of any Third Party Content, is to uninstall the Memry application.
The Agreements will continue to apply to you until terminated by you or by Memry AB. You may terminate the Agreements at any time by deleting your account and ceasing to use the Memry Services. If you stop using the Memry Services without deactivating your account, we may deactivate your account due to prolonged inactivity.
Once your account has been terminated, any and all content residing in your account will be irretrievably deleted, except to the extent that we are obliged to retain such content for a certain period of time in accordance with applicable laws and/or to protect our legitimate business interests. We assume no liability for any material that is irretrievably deleted following the termination of your account.
Memry AB may assign its rights and obligations under the Agreements, in whole or in part, to any third party at any time without notice. You may not assign the Agreements or your rights and duties hereunder, nor transfer or sub-licenses your rights under the Agreements, in whole or in part, to any third party without the prior written consent of Memry AB.
15. ENTIRE AGREEMENT
The Agreements constitute the entire agreement between you and Memry AB and supersede any prior agreements in relation to your use of the Memry Services. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by us that are not contained in the Agreements.
16. WAIVER AND SEVERABILITY
The failure to enforce any terms and conditions of the Agreements shall not be deemed a waiver of such term or condition.
Any provisions, disclaimers and limitations of liability in the Agreements applies to the maximum extent permitted under applicable law. Your jurisdiction may not allow certain disclaimers of warranties or certain limitations of liability, and as a result certain of the contents of the Agreements (including section 12 herein) may not apply to you. Nothing in the Agreements are intended to limit any rights you may have which may not be lawfully limited.
Should any provision of the Agreements be held to be unlawful, invalid or unenforceable, such provision(s) shall not render invalid or unenforceable the remaining provisions of the Agreements, which will remain in full force and effect, and the application of that provision shall be enforced to the extent permitted by law.
17. APPLICABLE LAW AND JURISDICTION
Unless otherwise required by a mandatory law of any jurisdiction, the Agreements are subject to the laws of Sweden, without regard to choice- or conflicts of law principles, and you and Memry AB agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with the Agreements.