Thank you for choosing Memrise Limited (with company number 07463911, whose registered office is at 33 Wadeson Street, London, E2 9DR) (“we, us, our”) to provide you (“you, your, yours, user”) with an online space for learning. Our services include a wide variety of content and courses, from beginner to advanced, designed to facilitate learning of a wide range of subjects which are available on (i) applications available to download on mobile, laptop and/or tablet devices (“Apps”) and at our website http://www.memrise.com (“Website”), or any other device , whether invented or to be invented, by which you can access our content and courses, collectively being our services to you (“Services”).
In order to access our Services, whether or not you are an existing or former user, you confirm that you have read these terms and conditions (“Terms”). Whenever you use our Services, you acknowledge that you understand and agree to these Terms, and you also agree to our Privacy and Cookies Policy. We may make changes to our Terms from time to time. We will publish all changes on this page with the date these amendments are made located at the top of the page, so that you know when we last updated the Terms. This also applies to our Privacy and Cookies Policy. Your continued use of our Services after any amendments constitutes your acceptance of any such amendments. If you do not agree to comply with these Terms, please do not register to use, access or continue to use our Services. We recommend that you print a copy of these Terms for future reference. We may terminate your access to the Services if you breach our Terms in accordance with clause 13.
Unless explicitly stated otherwise, any new features that are added to the current Services, including the release of new tools and resources, shall be subject to these Terms.
By using our Services, you confirm that (i) you are at least 13 years old; and (ii) your use of the Services will not violate any applicable law or regulation in the province state, territory or country in which you reside.
2. REGISTRATION FOR SERVICES
You must register for an account by: (i) connecting through an available social media account (including, but not limited to Facebook, Weibo and Google Plus); or (ii) providing a username, a valid email address and any other information we may require from time to time (“Account”). You are responsible for maintaining the confidentiality of your Account details and you are fully responsible for all activities that occur under your Account. Your Account must be used only by you and must not be shared with, or transferred to any other individual. You must immediately notify us by email at firstname.lastname@example.org of any suspected or actual, unauthorized or fraudulent use of your Account or any other breach of security.
Once you have an Account, you can create an online profile (“Profile”). When creating your Profile, you agree to (i) provide accurate, current and complete information; and (ii) be personally responsible for the information you provide in your Profile. We reserve the right to delete your Profile and suspend or terminate your Account if we, acting reasonably, suspect that any information you provide in your Profile is untrue, inaccurate or does not comply with our Terms.
We take your privacy very seriously. Any personal information you submit to us when setting up an Account shall be subject to our Privacy and Cookies Policy located at http://www.memrise.com/privacy/ which are incorporated into these Terms. You understand that through your use of the Services, you consent to the collection and use (to the extent stated in the Privacy and Cookies Policy) of this information. You further understand, acknowledge and agree that any personal information you provide on your Profile is in the public domain and is provided at your sole liability. We accept no responsibility whatsoever for the use of any personal information you share on your Profile by you or any other individual.
4. COPPA COMPLIANCE
To the extent that the Children’s Online Privacy Protection Act 1998 is deemed to apply to us, this website is not aimed at children and does not seek to collect personal information from children under 13. You may request access and/or rectification of your data or data relating to your children at all times by emailing email@example.com
5. OUR CONTENT
Except for the User Content (defined below) all of the content available through the Services (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or are licensed to us by a third party. (“Our Content”), You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Services, as set out in clause 6. Our logo ‘Memrise’ is our registered trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website or Apps, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks and logos or of the trademarks, service marks or logos of those other organisations.
6. YOUR LICENCE
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use Our Content for the exclusive purpose of using the Services for your own personal, non-commercial use, (“Licence”). Your Licence to use Our Content is restricted to use of the object code of the Software, and it is a condition of the Licence that, except where permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, rent, lease, loan, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Apps or the Website by any means other than through the interfaces that are provided by us for use in accessing the Service.
7. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES
The Services may contain third-party owned content and links to other websites, including Facebook and Google Plus ("Third Party Websites"). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third Party Websites. In addition, Third Party Websites are not under our control and we are not responsible for the content or privacy practices of the Third Party Websites, including, without limitation, links contained on Third Party Websites or any changes or updates to Third Party Websites. We may provide third party content and Third Party Websites to you only as a convenience, and the inclusion of such third party content and Third Party Websites is not an endorsement by us in favour of any third party. You further acknowledge and agree that we 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 content, goods or services available on or through Third Party Websites. We have no responsibility for the content on Third Party Websites that you may find or access when using our Services. Content available on or through Third Party Websites may be protected by copyright and the intellectual property laws of any country.
8. POSTING INFORMATION AND USER CONTENT
We encourage you to participate in the process of creative learning and sharing in a spirit of joy, generosity and politeness by posting in the public areas of our Apps and Website and on your Profile. Any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials which you post, upload or transmit in any way either publicly or privately via the Services (“Post, Posting”) is your user content ("User Content"). You warrant and represent that any User Content you do Post is either yours or you have the necessary permission from the relevant third party to Post the User Content. You are solely responsible for all User Content that you Post and we accept no responsibility at all for any loss or damage of any kind incurred as a result of any User Content that you Post and which is made available via the Services.
By Posting User Content during your use of the Services, you grant to us an irrevocable, perpetual, non-exclusive, royalty free, transferable, worldwide licence (together with the right to sub-licence) to use, copy, translate, reformat, prepare derivative works from, incorporate into other works, excerpt, to distribute, to publicly display, in whole or in part, the User Content for the provision, delivery and promotion of the Services by us (“User Content Licence”).
We actively monitor User Content Posted via the Service and we reserve the right to remove any User Content that is Posted and is deemed by us in our reasonable opinion, or has been notified to us as being the following (“Inappropriate Content”):
- Content that is offensive, indecent, objectionable, tasteless, harmful, hateful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy, or publicity or human or personal rights, or any content that is racially, ethically , sexually, politically or otherwise humanly unacceptable;
- Content that is a form of solicitation, including but not limited to, spam, junk mail, pyramid scheme, Ponzi scheme or any other form considered an inducement to engage in financial activity;
- Private information of any third party, including but not limited to contact, financial, or other personal details of persons living or deceased;
- User Content that you do not have the right to Post or make available in any way under any applicable law or contractual or fiduciary relationships, including but not limited to inside information, proprietary information, confidential information learned or disclosed, as part of employment or business relationships or under non-disclosure agreements;
- Content that contains software code of any kind without our express consent;
- Content that would constitute, encourage or provide instructions for a criminal offence, terrorist act or any other illegal or criminal activity;
- Content that, in our sole and reasonable opinion is objectionable or which restricts or inhibits any other person from using or enjoying the Services;
- Content that, in our sole and reasonable opinion may expose us, or any of our users, to any harm or liability of any kind; or
- Content that may disrupt other users' capacity to remember effectively.
Although we actively monitor and may pre-screen some User Content, Inappropriate Content may not come to, or be brought to our attention immediately. You acknowledge and represent that by using the Services, you may be exposed to Inappropriate Content. We accept no liability in any way for any Inappropriate Content Posted and available via the Services. We reserve the right (but not the obligation) in our sole discretion to refuse, move or delete any User Content we consider Inappropriate Content that is brought to our attention and breaches these Terms.
9. USER CONDUCT
You are entirely responsible for the User Content that you Post. We do not guarantee the accuracy, or integrity or quality of any User Content posted by other users. You represent and warrant that the User Content which you post and your use of the Services shall not:
- Breach, violate or infringe in any way upon the intellectual property rights of any third party;
- Cause harm to minors in any way;
- Intimidate, stalk, mock, lambast, scare, pervert, or otherwise harass another individual;
- Be used to intentionally or unintentionally contravene or in any way not comply with regional, national and international law;
- Be used to forge headers or otherwise manipulate any content transmitted through the Service in order to disguise its origin;
- Overburden, damage or impair the operation of the App, Website or the Services;
- Be used as a forwarding service to another website;
- Harvest or collect email addresses or other personal information from other users for any purpose whatsoever, including but not limited to sending unsolicited emails or messages;
- Be used to register for more than a small number of Accounts;
- Be used to register for an Account for anyone other than yourself; or
- Be used to register for an account for which you falsely state personal information or otherwise misinterpret yourself.
You must not misuse our Services 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 Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 Services will cease immediately.
You acknowledge and agree that we may preserve User Content and may also disclose User 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 the Terms (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, our users and the general public.
10. PRO SUBSCRIPTION FEES
The basic version of the Services can be used completely free of charge. This includes basic learning courses and content. If you decide to advance your learning, we have a range of subscription options to best meet your needs. You can opt to subscribe for our monthly (Monthly Pro), quarterly (Quarterly Pro) or annual Pro (Annual Pro) subscription (together the “Pro”) to access advanced learning courses and content. Our fees for Pro are available to view on our website at http://www.memrise.com/premium/ (“Fees”). Our Fees are subject to different subscription plans, gift plans and promotions, and we therefore reserve the right to update our Fees from time to time.
If you select Monthly Pro your subscription will automatically renew as a rolling subscription and renew at the end of each monthly period, being one month (or as near to the date as possible) from the date on which your Monthly Pro was activated. If you select Quarterly Pro your subscription will automatically renew as a rolling subscription and renew at the end of each three monthly period, being three months (or as near to the date as possible) from the date on which your Quarterly Pro was activated. If you select Annual Pro, your subscription will automatically renew as a rolling subscription at the end of each annual period, on the date on which your Annual Pro was activated (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay the Fees will be debited at the end of your current Pro subscription.
You acknowledge that, if we change the Fees, this will not affect your existing Pro subscription, therefore, if you have signed up for subscription at a certain Fee, any Fee changes will not affect any current subscription or any Renewals).
You may change your Pro account at any time by locating the ‘Account‘ tab on the settings page of your Profile. The effect of the changes are as follows:
- From Monthly Pro to Quarterly Pro or Annual Pro – your Quarterly Pro or Annual Pro will be activated immediately after payment is processed and any time left on your Monthly Pro will be cancelled and will not be refunded;
- From Quarterly Pro to Annual Pro – your Annual Pro will be activated immediately after payment is processed and any time left on your Quarterly Pro will be cancelled and will not be refunded;
- From Annual Pro to Monthly Pro – your Annual Pro will continue to be active until the expiry of the remainder of your current Annual Pro subscription and your Monthly Pro will be activated once your Annual Pro subscription has expired; and
- From Annual Pro to Quarterly Pro – your Annual Pro will continue to be active until the expiry of the remainder of your current Annual Pro subscription and your Quarterly Pro will be activated once your Annual Pro subscription has expired.
11. CANCELLATION AND REFUND OF PRO SUBSCRIPTION
You can keep track of your Pro subscription by locating your settings page on your Profile, selecting the ‘Account’ tab which will display the expiry date of your Pro subscription. You may cancel your Pro subscription at any time by locating your settings page on your Profile, selecting the ‘Account’ tab and selecting ‘Cancel Pro”.
We offer a 30-day money back guarantee, where we provide you with a full refund if you are not satisfied with our Services and where you have selected the Quarterly Pro or the Annual Pro. To be eligible to receive this refund, you must contact us within thirty (30) days from the date you activated your Quarterly Pro or Annual Pro. If you do not contact us within this thirty (30) day period, you will not be eligible for a refund. We may not be able to refund you, or there may be a delay in issuing you a refund if you have paid the Fees using any third party scripts or products that anonymise personal payment details, including but not limited to, Apple App Store payments. If you have selected Monthly Pro, you are not eligible for a refund under our 30 day money back guarantee.
You also have a legal right under the Consumer Contracts Regulations 2013 to change your mind, without giving us a reason, and cancel your Pro subscription (this includes Monthly Pro, Quarterly Pro and Annual Pro) within fourteen (14) days of the date you activated your Pro in order to receive a refund. If you want to cancel your Pro subscription within this fourteen (14) day period, you can do so by emailing us at firstname.lastname@example.org , or writing to us at our service address stated at the front of these Terms. Once we have received your notice to cancel, we will downgrade your Pro subscription to the free account.
Please note that the refund options stated above do not apply to Renewals. Also, we do not offer refunds or partial refunds outside of the refund options stated above. Any refund requested will result in payment being made into the account you used to pay the Fees within 14 days.
12. DELETING YOUR ACCOUNT
You can delete your account and terminate your use of the Services at any time by locating the ‘delete profile’ option in the settings section of your Profile. Once you have deleted your Account, your Licence will be revoked and you will no longer have access to your Profile and we will delete all of the information contained in your Profile. Please be aware that due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the cancellation of your Profile and that the User Content Licence shall not be revoked or terminated. If you have an active Pro subscription when you delete your Account, you will not receive a refund for any time remaining on your Pro subscription.
13. TERMINATION OF YOUR ACCOUNT BY US
We reserve the right to modify, temporarily suspend or permanently delete your Account and terminate your access to the Services if we have reason to believe that you have breached or acted inconsistently with the Terms. Following termination, your Licence will be automatically revoked and we reserve the right to delete your Account, erase all or any information on your Profile and discard any of your User Content. You agree that we shall not be liable to you for any modification or discontinuance of the Service. Due to technical reasons beyond our control, it might take some time until your personal information disappears completely from search engines (such as Google). We accept no liability for deletion of information or content from your Profile. You acknowledge and accept that certain User Content may remain after the termination of your Account and that the User Content Licence shall not be revoked or terminated. If you have an active Pro subscription when we terminate your Account, you will not receive a refund for any time remaining on your Pro subscription.
14. NO REPRESENTATIONS OR WARRANTIES
We, our officers, employees, contractors, suppliers, affiliates, agents and licensors do not guarantee that our Services, or any content therein, will always be available, uninterrupted and free from bugs or viruses and you should use your own anti-virus software. You are responsible for configuring your information technology, computer and mobile phone programmes and platform to access any of our Services. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but this may not be possible.
You understand and agree that the Services are provided “as is” and that you use the Services at your own risk. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to any implied warranties of fitness of the Services for a particular purpose. We do make any representation or warranty of any kind and do not assume any responsibility for any improvement of your language learning or your learning of any other subject by use of our Services, accuracy or Our Content, User Content or any other content available by use of the Services. Access to the Services may be slow, limited or unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for any other reason beyond our reasonable control.
Our Content and User Content available by use of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
15. LIMITATION OF LIABILITY
You acknowledge and warrant that we, our officers, employees, contractors, suppliers, affiliates, agents and licensors are not and shall not be liable to you for any damages, including but not limited to loss of profit, inaccurate results, loss or corruption of Your Content or any data, data being inaccurate, the cost of recovering any data or Your Content, inability to access the Services, the cost of substitute services, claims by third parties for any damage to computers, software, modems, telephones or any other property, indirect, incidental, special, consequential or exemplary damages, even where we have been advised of the possibility of such damages. We only provide our site for consumer private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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.
The maximum aggregate liability of us to you in relation to any paid Pro Services (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the total amount of the Fees paid by you to us for the Pro Services in the 12 months prior to the initial action giving rise to the liability, which is an aggregate limit that will not increase according to the number of claims brought by you. If no Fees have been paid by you and your use of the Services has been limited to the free Services, you shall not be entitled to any damages of any kind.
If you have a dispute with another User relating to, arising from, or in any way connected with use of the Services, you release us from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.
You agree to indemnify and hold us, our officers, employees, contractors, suppliers, affiliates, agents and licensors harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to, or arising out of your User Content, your use of the Services, your connection to the Services, your breach of the Terms, or your violation of any rights of another person or entity.
16. GENERAL INFORMATION
These Terms and the relationship between us and you are governed by the laws of England and Wales without regard to any conflict of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the English and Welsh courts, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these Terms.
Under these Terms no person other than us and you shall have any rights in relation to your access and/or use of the Services, provided that our third party licensors may take action against you to enforce any infringement of their intellectual property rights or other rights.
These Terms were originally written in English (UK). To the extent that any translated version of these Terms conflicts with the English version, the English version shall prevail.
If we fail to exercise or enforce any rights or provision of the Terms, this shall not constitute a waiver of such rights or provisions. If any provision of the Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that these Terms represent the entire understanding between us and you and these Terms supersede any previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between us and you.
Any notices or other communication given by you to us shall be by email to email@example.com and shall be deemed to have been received at 9.00am on the next business day after the email was sent.
Please contact us with any question you might have about these Terms by sending an email to firstname.lastname@example.org entitled “Questions about Terms”. Please also report any suspected or known violations of these Terms by emailing email@example.com entitled “Violations of Terms. If you wish to notify us about any suspected copyright infringement of any third party, please send an email to firstname.lastname@example.org entitled “Copyright notification”.