You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or mobile phone charges). You are responsible for those fees. Furthermore, Memrise is not responsible for the provision of hardware or power necessary to access to our services.
2. Registration Obligations
4. Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including, but not limited to, text, graphics, pictures, designs, cartoons, video, music, sound and other files, as well as their selection and arrangement in both space and time, as well as any applications and software, (the “Site Content”), is the proprietary property of the Company, its users or its licensors with all rights reserved. With the notable exception of your own User Content (defined below) legally uploaded to the site, the Company’s prior written permission is required for any and all of the following, which are otherwise expressly forbidden: the modification, copying, distribution, downloading, reproduction, republishing, display, framing, posting, transmission, or sale in any form or by any means, in whole or in part, of all and any Site Content.
5. User Conduct
You understand that the Service and the Site are available for your personal, non-commercial use only. You further observe and agree that all content on the Site and available through the Service, including, but not limited to, text, graphics, pictures, designs, cartoons, video, music, sound, and any other form of file, and in addition any tags, mark-ups and messages as well as their selection and arrangement in both space and time, (the User Content as defined above) are, whether publicly posted or privately transmitted, the sole responsibility of the person from whom such Content originated. You, and not Memrise, are entirely responsible for all User Content that you upload, post, text, video-message, email, transmit or otherwise make available via the Service. Memrise does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is inaccurate, hyperbolic, offensive, indecent, absurd, out-of-date or objectionable. Memrise will not be liable for any content posted on The Site (see below, section 10).
You represent, warrant and agree that no User Content submitted through your account or otherwise posted, transmitted, or shared by you on the Site or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material
In addition, by assenting to these Terms of Service, you represent, warrant and agree that you will not:
- use the Service or Site to harm minors
- use the Service or Site to intimidate, stalk, mock, lambast, scare, pervert or otherwise harass another individual;
- use the Service or the Site in any unlawful manner including, but not limited to, the intentional or unintentional contravention of any applicable local, national or international law.
- use the Service or the Site in any manner that could overburden, damage, disable, or impair the Site;
- use the Service or the Site to harvest or collect email addresses or other personal information from our users whether by electronic or other means for any purposes whatsoever, including but not limited to those of sending unsolicited emails or messages of any other kind;
- register for more than a small number of User accounts on the service;
- register for a User account on behalf of an individual other than yourself;
- register for a User account for which you falsely state personal information or otherwise misrepresent yourself; or with which you impersonate other people maliciously.
By using the site, you further understand that Memrise may be obliged, under legal pressure from governmental institutions in the countries in which we operate, to access, preserve and disclose information relating to your Account.
6. User Content Posted on the Site
Memrise encourages you to participate in the process of creative learning and sharing in a spirit of joy, generosity and politeness.
By using the site, you agree, warrant and represent that you are solely responsible for the text, video, designs, cartoons, music, photos, messages, notes, comments, tags, and other that you upload, transmit, add or communicate to the site; and that you own or possess the necessary permissions of use, licenses, rights and consents; and that you authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights. Crucially, whatever User Content you post on the Site or Service must be yours, or you must have appropriate permission(s) to post it. Memrise actively monitors content uploaded to the site and reserves the right to remove without warning any content that it deems to be inappropriate, in violation of copyright, offensive or for any other reason unsuitable or illegal.
You own the User Content you add to Memrise, we assert no rights of ownership over it; and you may seek to remove it within a commercially reasonable time period. By posting User Content to any part of the Site, you automatically grant to Memrise an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, translate, reformat, excerpt and distribute in whole or in part (and also to publicly display, perform and translate, in whole or in part) such User Content for any purpose: commercial, or other, on the Site or in the promotion thereof; you furthermore grant Memrise the right, in whole or in part, to prepare derivative works from your User Content, or to incorporate it into other works, and to grant and authorize sublicenses.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
When you post User Content to the Site, you also authorize and direct the Company to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire within a commercially reasonable time-period, however you acknowledge that the Company may retain archived copies of your User Content.
In agreeing to these terms of Service you furthermore agree to activities in which you will not engage. Specifically, you agree, represent and warrant not to:
- upload, post, transmit, share, store or otherwise make available any content that we deem to be 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, ethnically, sexually, politically or otherwise humanly unacceptable.
- upload, post, transmit, share or otherwise make publicly available any form of solicitation whatsoever, including, but not limited to, spam, junk mail, pyramid schemes, Ponzi schemes, and inducements to engage in financial activity, or activity of any other form we deem unacceptable.
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, but not limited to, the actual or fictional contact or financial or personal details of persons living or deceased, including, but not limited to, their addresses, phone numbers, email addresses, National Insurance or Social Security numbers, passwords, credit or debit card numbers;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit, share or otherwise make publicly available any material that contains software code of any kind without the express written permission of Memrise or its representatives;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide deeply memorable or other instructions for a criminal offense, terrorist act or any other illegal or undesirable activity;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
- upload, post, transmit, store or otherwise make available any material that will disrupt other users’ capacity to remember effectively, and correctly
By using the site, you acknowledge that Memrise may monitor or pre-screen User Content, and that Memrise retains the right (though not the obligation) to refuse, reject, move, remove, edit, combine or recombine any Content that is available via the Site or Service without warning and at our sole discretion and for any reason. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. Be aware that other users may be able to edit your content, and that we make no guarantees that we will retain an accurate copy of any content that you upload to the site.
7. Memrise Subscription Plans, Payments and Renewals
Memrise may offer different subscription plans, gift plans, and the specific pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase (e.g., monthly or yearly). Memrise Premium is currently available for web only. Our subscription plans renew automatically, as described in more detail below. If you have questions regarding your plan following your purchase, please refer to your Account page and the confirmation email sent to you after your purchase.
If you choose a monthly plan, your Premium Account subscription will run from month to month, and will renew automatically at the end of each monthly period. Payment for the next monthly period will be taken at that time, unless you cancel your Premium Account, which you can do at any time from the “My Account” tab on your Settings page on the Website.
Annual accounts run for twelve months from the date on which your Premium Account is activated, and your subscription will renew automatically at the end of that twelve month period, unless you choose to cancel your Premium Account, which you can do from the “My Account” tab on your Settings page on the Website.
The expiry date of your Premium Account is also displayed under the “My Account” tab on your Settings page, so you can keep track of your subscription.
If you wish to change from monthly to annual plan, you may do so at any time within the “My Account” tab. Your annual subscription will start after your payment has been processed and your new plan will be activated immediately, irrespective of any remaining time on your previous monthly plan.
If you wish to change from annual to monthly plan, you may also do so at any time within the “My Account” tab. Your monthly subscription will start after your payment has been processed and your new plan will be activated immediately and you will start being charged once the remaining time on your annual plan has finished.
By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase. If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your Memrise service.
8. Refund Policy and Right of Withdrawal
Memrise subscriptions made online at memrise.com except the monthly plan (e.g., yearly) offer a 30 day, 100% money back guarantee. You may receive a refund by contacting us within 30 days of your purchase. After that 30 day window, we will not provide a refund. We do not prorate refunds or offer partial refunds, and we do not offer refunds for monthly subscriptions.
In addition to our 30 days trial offer, under European law you also have a legal right to withdraw from your purchase of a Premium Account or a gift code within fourteen (14) days of your purchase, as set out below:
Instructions on withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Memrise Ltd., 33 Wadeson St, E2 9DR, London, United Kingdom email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Following receipt of your notice of withdrawal, we will downgrade your Premium Account to a free account. If you wish to delete your account altogether, you can do this from your Settings page on the Website.
9. Changes to Pricing
We may occasionally need to change the features of our Premium Accounts and/or change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Premium Account to which you subscribe, we will communicate these change(s) to you at least four (4) weeks in advance and the changes will only take effect with respect to any subsequent renewal of your subscription.
10. User Disputes
Memrise encourages our users to behave in cooperative fashion, to exhibit consideration towards other users and to act with tact and forbearance.
You agree, represent and warrant that you are solely responsible for your interactions with other Memrise users. We reserve the right, but have no obligation, to monitor disputes between you and other users, and, at our sole discretion, to suspend, terminate or otherwise influence the operation of the accounts of Users we deem to be acting in a spirit which, at our sole discretion, we deem unacceptable to the use of the site.
11. DMCA Copyright Policy
Memrise has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of Memrise’s Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA by email to firstname.lastname@example.org.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Memrise is capable of finding it and verifying its existence.
- Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the User who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Memrise will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Memrise will terminate, under appropriate circumstances, the Accounts of Users who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any User for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Memrise by providing the following information to the Designated Agent at the address below:
Upon receipt of a valid counter-notification, Memrise will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Memrise does not receive any such notification within ten (10) days, we may restore the material to the Services.
c/o Lowenstein Sandler LLP
65 Livingston Avenue
Roseland, New Jersey 07068
Attn: Copyright Agent
12. Memrise’s proprietary rights
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
13. Limitation of Liability
You expressly agree, understand and warrant that Memrise, including its officers, friends, employees, affiliates, agents, partners and licensors, shall not be liable to you for any damages at all.
Included among the damages for which you expressly agree that we are not liable are damages due to loss of profits, academic misadventure, loss of health, or data, or other intangible assets (even where Memrise has been advised of such damages in advance).
Included among the reasons for damages for which you expressly agree that we are not liable, are a) the inability to use the service for whatever reason; b) the cost of procuring a substitute of any kind; c) the negative consequences of having to use alternative products; d) any other matter relating directly or indirectly to the Site or Service.
14. Disclaimer of Warranty
You expressly understand, warrant and agree that:
- Memrise and its officers, employees, agents, partners and licensors make no warranty first that the service will meet your requirements or expectations; secondly that the service will be continuous, accurate or secure; and thirdly, that the results following from use of the service will be desirable.
- Your Use of the Service, which is provided on an “AS-IS” and “as available” basis, is your sole responsibility, and is at your sole risk. Memrise and its officers, employees, agents, partners and licensors expressly disclaim all warranty of any kind.
- Any material downloaded through the Site or the Service is so downloaded at your own sole risk. In addition, the medical consequences of using Memrise are your sole responsibility.
15. Further legal Disclaimer.
Should any part of this document be shown to be legally incoherent or inapplicable, you understand that the relevant inadmissible section will be excised from this agreement without any diminution to the legal force or relevance of any and all other sections, which will continue to stand.