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that by using the Service, you may be exposed to Content that is inaccurate, hyperbolic, offensive, indecent, absurd, out-of-date or objectionable.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. 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.
8. Copyright Complaints, related disputations
We acknowledge the institution of copyright, and we respect the intellectual property rights of others. We expect our Users to do the same. As noted above, we strongly prohibit Users in their contribution of User Content to the Site and Service from infringing on other parties’ intellectual property.
In case of copyright infringement we behave in accordance with the Digital Millennium Copyright Act (“DMCA”), blocking with reasonable promptness access to User Content shown to be infringing copyright, and reserving the right to suspend or terminate the accounts of Users shown to be repeat offenders in matters of copyright infringement.
Should you believe that any material on the Site infringes upon any copyright which you own or control, and wish to prevent its presence on our Site and Service, you may send an electronic notification of such infringement to the Company’s designated DMCA agent firstname.lastname@example.org
- your address, telephone number, and email address;
- a specification of the identity and location of the copyrighted work or other intellectual property that you allege has been infringed;
- a signature or signatures (electronic or copied) from the person or persons authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a signed statement by you that the above information in your Notice is accurate and that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
Conversely, should you be of the belief that your User Content has been removed in unwarranted fashion from the Site or Service as a result of mistake or misidentification, you may submit a written electronic counter-notification letter to our Head of Intellectual Property, (email@example.com) pursuant to Sections 512(g)(2) and (3) of the DMCA. In any such communication, please include:
- your address, telephone number, and email address;
- a specification of the identity and former location of the copyrighted work or other intellectual property that you allege has been infringed;
- a statement that you have a good faith belief that the User Content in question should not have been removed.
- your physical or electronic signature.
9. 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.
10. 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.
11. 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.
12. 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.