Welcome to Memrise, an online space for learning. These are our Terms of Use, which are kept here at http://www.memrise.com/termsofuse/. They outline your obligations when using the Memrise website. You can also review our Privacy Policy at http://www.memrise.com/privacypolicy/, which outlines our obligations in handling any personal information that you may provide to us.
The Memrise service, developed by Memrise and Memrise’s users, includes a rich array of content and a set of learning applications, all of which are provided through Memrise’s network of properties as they are accessed through any device, medium or entity now known, or hereafter invented. The Memrise service and marketplace (collectively, “Memrise”, or “The Service”) are operated by Memrise Inc (“Us”, “We” or “The Company”). By in any way accessing or using the service via our website at http://www.memrise.com/ (“The Site”), you (“The User”) agree, warrant and represent, regardless of whether or not you are a current or former member of Memrise, that you have read and understood, or otherwise equivalently perceived and comprehended, these terms and conditions, henceforth “Terms of Use”, and that you agree to be bound to them legally. We reserve the right to modify, elaborate, remove or add to some or all of the conditions preserved here within these Terms of Use, at our sole discretion and without further notice. All such changes will be posted directly to this page; with the date of the most recent modification to these Terms of Use at the top of the page. Your continued use of the Site or of the Service after any such changes constitutes your acceptance of these new Terms of Use and it is your sole responsibility to keep up to date with any such changes. You understand and agree that the Service is provided “AS-IS” and that Memrise assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings, or content.
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.
Membership of Memrise is void where it does not accord with our registration obligations, described here. To legitimately register for this service, you represent that you are of legal age to form a binding contract and that all information you provide is true, accurate, up-to-date and complete. You agree to maintain and promptly update the Registration Data to keep it true, accurate, up-to-date and complete. You furthermore agree to all of the terms and conditions of these Terms of Use. If Memrise has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we retain the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please be aware that it may occur that areas on Memrise’s Service contain, or come to contain, adult or mature content. You must be at least 18 years of age to access and view such areas.
We take our users’ privacy extremely seriously. Your Registration Data and certain other information about you is subject to our Privacy Policy, which can be seen at http://www.memrise.com/privacypolicy/. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
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.
You are granted as an Eligible User a limited license to access and use the Site and the Site Content for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Site Content is strictly prohibited. The limited license granted above is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The limited license granted herein is immediately revocable at any time without notice or explanation and with or without cause.
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:
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.
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.
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:
By using the site, you acknowledge that Memrise may or may not 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.
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.
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 atinfo@memrise.com
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, (info@memrise.com) pursuant to Sections 512(g)(2) and (3) of the DMCA. In any such communication, please include:
In agreeing to these Terms of Use, you agree that you will, neither wholly nor in part, copy, modify, rent, lease, loan, sell, re-sell, distribute or create derivative works based on the Service or the Software. You agree not to modify the Software in any manner or form. You agree not to obtain unauthorized access to the Service, for yourself or on behalf of a third party. You agree not to access the Service by any means other than through the interface that is provided by Memrise for use in accessing the Service. You agree to make no attempt to reverse-engineer or otherwise discover the source-code of the Software.
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.
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.
The company’s liability, notwithstanding anything to the contrary contained in these Terms of Use, and regardless of the form of the action, will irrevocably be limited to the total amount paid, if any, to Memrise in the course of an individual’s membership. Note that in no case will The Company’s total liability exceed $1000. In the case where no fees have been paid by you to Memrise, then you shall be limited to injunctive relief only, and shall not be entitled to any damages of any kind.
You expressly understand, warrant and agree that:
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.
If you have any questions regarding these Terms of Use, please contact The Company by sending an email to info@memrise.com entitled “Questions about TOU”. Please also report any violations of these Terms of Use to info@memrise.com with the title “Violations of TOU”.
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