Terms and Conditions

Definitions

“The website” refers to the memorista.com website, its content, services and functionality. “Us”, “our” or “we” refers to Memorista Limited (the owners and operators of the website) and its owners, directors, employees, agents, affiliates, subsidiaries and/or parents, as applicable.  “You”, “your”, or “the user” refers to you, the viewer or user of the website.

Introduction

The following terms and conditions apply to you if you continue to browse or otherwise use the website, and you agree to be bound by and comply with these terms and conditions of use. Together with the Privacy Policy, they constitute the entire agreement between you and us in relation to the use of the website, superseding any previous agreements. If you do not agree, you must forthwith leave the website and discontinue using it.

Your licence for use of the website

You may view or download for caching purposes to your web browser any of the pages in the website, excepting pages that require a login, in which case you must also provide the appropriate login details.

The website contains intellectual property (IP) that is owned by or licenced to us. This IP includes, but is not limited to, the text on each page, the design and layout, graphical images, data, information, and the services and functionality provided by the website. You must not and you agree not to republish, sub-licence, sell, rent, give away for free, duplicate, reproduce, redistribute, commercially exploit, create derivative works from, transmit in any form or by any means, copy in electronic or non-electronic form or otherwise reuse any IP provided by the website without explicit written permission from us, unless the said IP is specifically and expressly marked by us as excluded from this provision or if we attach a statement modifying the copying/reuse or other rights you are granted for the said IP.

You may not sub-licence or transfer your licence for use of the website to any other third party without our written permission. Similarly, you may not transfer your rights or obligations under these terms and conditions to any other third party without our written permission.

All mnemonic content represent fictional and imaginary scenarios and any similarity to real events or real people, living or dead, is coincidental. If you do not feel comfortable with the fictional images and events depicted, you must not continue to use the website.

Anonymous Users

When a user accesses the website without registering or supplying his or her login and password details, they are accessing the website as an Anonymous User. Anonymous users agree to be bound to these terms and conditions.

Registered Users

The user may opt to register with the website, in which case he or she chooses a username and password and submits a valid working contact email address. Such a user is referred to here as a Registered User. The registered user may then, upon logging in, access certain extra functionality and pages not available to unregistered users.

The user must choose a username that is not offensive, does not advertise or infringe the trademarks of a company or product or service, and must keep the password secret.

We reserve the right to disallow access to the website or ban registered users temporarily or permanently, without notice or explanation and at our sole discretion, for any breach of these terms and conditions.

You agree not to transfer to any other third party either directly or indirectly your registered username or password.

Emails sent to your email address

You must submit a working, valid email address as part of the registration process, should you opt to register. You will receive one email as part of that process.

The site may, from time to time, introduce new functionality whereby further emails are sent to your email address: for example, newsletters, site announcements, reminders, and for other reasons. Opt-in is automatic to new registered users, but the site will provide functionality to opt-in or opt-out of such emails at any time.

Content generated or submitted by Users

Some sections of the website permit content to be generated or submitted by users. This may include but is not limited to text, images, multimedia files, data, or content in other formats. If you submit content to the website, you grant us a non-revocable, non-exclusive, perpetual, sub-licensable, worldwide, royalty-free licence to use, adapt, edit, reproduce, distribute, publish and/or translate any of that content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. You also grant us permission, without any further authorisation from you or notification to you, to act on any suggestion submitted by you for new content or improvements of existing content.

You must not submit content that is obscene, hateful, threatening, sexual in nature, vulgar, illegal or unlawful, libellous, or which could result in a third party taking a legal action against us, or which is the subject of actual or possible legal proceedings either current, in the past or future, or which breaches the copyright, patent, trade mark, registered mark, trade secret, privacy, publicity rights or other proprietary rights of a third party.

We reserve the right to edit, move or delete any content submitted by the user, at our sole discretion.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the website.

We provide mechanisms for users to vote on submitted content. Users may not vote for their own content, and may only vote a maximum of once on each item of content submitted by other users. If you submit content, you consent to allowing votes to be cast on your content and for vote totals to be published, and also for your username to be listed should you be one of the top voted users. We reserve the right to discard any vote cast at any time if we believe it may break the terms and conditions, at our sole discretion.

Unacceptable use of the website

You must never perform any activities such as to render the website less accessible, available or responsive, or interrupt or disrupt the normal working operation of the website, or damage the website, or to attempt to intercept or obtain without authorisation any personal data or internal data, or to modify functionality of the website, or to upload to or use the website to spread computer viruses, trojans, worms, keystroke loggers, spyware, rootkits or any other malicious computer software, or to circumvent the access control mechanisms to gain unauthorised access to content or functionality or parts of the website or its technical infrastructure to which you are denied access.

You must never use the website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You also undertake not to perform any systematic or automated data harvesting, data mining, website scraping or related activities on or in relation to the website without our express written consent.

Restricted Access

Access to certain areas of the website is restricted.  We reserve the right to restrict access to other areas of the website, or indeed our whole website, at our discretion.

Limitation of warranty

Whilst we take reasonable care to ensure that the website works correctly and that the content of the website is accurate (excepting any content submitted by users, which is not quality controlled by us in any way), the website is provided “as is”, and to the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the website and the use of the website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

We take reasonable care to ensure that the website remains available for use by users. However, we take no responsibility for non-availability or slow response time of the website, whether because of technical issues beyond our control, higher than anticipated user volume, scheduled down periods, or some other reason.

We take reasonable care to make sure content that is submitted by users is not lost. However, we expressly do not warrant the website as a storage repository for any such content, and you must separately backup any important content you have submitted that you may wish to keep.

Limitation of liability

Nothing in these terms and conditions (or elsewhere on the website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of the website, the functionality of the website or any content provided by the website, including user submitted content, or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

  • We expressly exclude to the maximum extent possible by law all liability for loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, and/or information arising from the use of the website.
  • We also exclude liability for any loss or damage arising out of any event or events beyond our reasonable control.
  • We also exclude liability for any incidental, punitive, consequential, indirect or special loss or damage, arising from the use of the website.

Trademarks and registered marks

All trademarks or registered marks that from time to time may be mentioned on the website are the property of their respective owners.

Links to third party websites

We may provide links to other websites from time to time. This does not signify any endorsement by us of the quality or suitability of the content on other websites.

Assignment of our rights and obligations

We may opt at our sole discretion to assign, transfer or sub-contract our rights and obligations in respect to these terms and conditions without your further consent or notification.

Indemnity and what happens if you breach these terms and conditions

If you breach these terms and conditions, you agree and undertake to indemnify us against any expenses, liabilities, legal expenses, amounts paid to a third party in settlement of a claim, losses, damages and/or costs incurred by us as a result of your breach.

In the event of your breaching of these terms and conditions, we may take action as we consider appropriate, including but not limited to: deleting your submitted content, suspending or banning your registered user account, suspending or banning your access to the website either in part or in full, blocking your IP address from access to the website, contacting your internet services provider to ask them to block your access to the website, contacting law enforcement agencies, bringing legal action against you, or any combination of the above.

Variation of these terms and conditions

We reserve the right to vary these terms and conditions at any time and at our sole discretion. We agree to inform you when the terms and conditions have changed by means of a notice on our home page for a limited period of time, or by some other reasonable mechanism. You agree to keep yourself informed of changes to terms and conditions. In order to continue using the website after publication of new terms and conditions, you must agree to the new terms as they come into effect.

Severability

If a provision of these terms and conditions is ruled unlawful and/or unenforceable by a competent court, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Country of Jurisdiction

You and we agree that your use of the website and any dispute arising out these terms and conditions or the use of the website is subject to the laws of Ireland and the jurisdiction of the Irish courts. Notwithstanding the foregoing, we reserve the right to bring legal actions in any jurisdiction in which you operate or normally reside to enforce these terms and conditions.

Date of coming into force of these Terms and Conditions: May 2, 2010.

Version: 1.1. Change from 1.0: New section: "Emails sent to your email address".