Terms of Service
Last updated 02/11/2020
Please read these Terms of Service (“Terms”) carefully prior to accessing or using our mobile application “Memerest” available on App Store and Google Play (“Application”). These Terms contain important information about your legal rights and obligations. If you do not agree with these Terms, please, do not continue to use the Application.
The Application is operated and owned by the "Turing Complete Inc." (registration number 3666465, address: 8 The Green, Suite #11287, Dover, DE 19901, USA), who we may refer to as “Memerest”, “we”, “us” or “our”.
Our collection and use of personal data in connection with your access to and use of the Application is described in our Privacy Notice.
If you have any questions or comments about these Terms of Service or the Application, please contact us at email@example.com.
Short version: This is an important agreement between us and our users. By using the Application you agree to comply with these Terms and all applicable laws and regulations. You must be legally capable to enter into this agreement.
When you use the Application you hereby declare and warrant that:
(1) you are at least 16 years old and eligible to enter into this Agreement (otherwise, you can use the Application exclusively with involvement of a parent or guardian);
(2) you have read, understand and hereby agree to be legally bound by and to comply with these Terms in full;
(3) you comply with these Terms and all applicable laws and regulations.
Short version: To publish content in the Application you must create the Creator’s Account. You are responsible for your Account and the consequences of its use, as well as for its security.
The Application is available for users without registration. However, in order to publish the User Content in the Application you must create a personalized account (the "Creator’s Account") by using your third-party accounts, such as Google, Apple, Snapchat or Bitmoji. Please note that your use of such third-party accounts is subject to their Terms of Service and Privacy Policies.
You can create a nickname and provide your personal information during the registration. You are prohibited to use an offensive nickname or impersonate another person. You can read more about the rules of personal data processing in our Privacy Notice.
You cannot share your Account with others. You are responsible for maintaining the confidentiality of your login credentials and for all actions taken through your Account.
You are responsible for complying with all applicable laws, regulations and rules when using the Application and Account.
If you know or for any reason suspect that someone has gained access to your Account, or that your login information has been lost, stolen, misappropriated, or otherwise hacked, please notify us immediately by email at firstname.lastname@example.org.
You can delete your Account at any time by clicking “Delete My Profile” in the Account settings. Please read the consequences of such deletion in section “Termination”.
Content and intellectual property rights
Short version: Memerest owns the Application. By uploading your content in the Application you grant Memerest a license to publish it for other users. You promise not to submit any content that is harmful or offensive to other users or that infringes copyright.
Memerest’s proprietary rights
The Application is owned and controlled by Memerest. All materials in the Application, including text, images, designs, graphics, information, icons, video, sounds, interfaces, software, trademarks, logos, trade names, etc. (collectively, the “Content”), as well as copyright and other intellectual property rights to such Content belong to Memerest or posted with the consent of the owner.
You are not allowed to use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of Memerest or owners of the Content.
Subject to your compliance with these Terms, Memerest grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable, worldwide license to:
(i) use the Application on your personal device(s) in the manner provided for in these Terms;
(ii) access and view any Content, including User Content, made available in or through the Application;
(iii) repost the User Content through your social media accounts in a manner provided in the Application;
(iv) download and use the Content for personal, non-commercial purposes only.
In case you download or copy the Content, no right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You are not allowed to reproduce, publish, transmit, distribute, modify, create derivative works or otherwise use the Content for commercial or illegal purposes without prior written permission of Memerest or owner of the Content. You agree not to change or delete any ownership notices from Content downloaded or reposted from the Application, including, without limitation, watermarks. Your violation of these Terms may result in dispute with the copyright owner and serious legal consequences.
Memerest reserves the right to alter or revoke this license or cease your access to the Content or the Application at any time in case of your violation of these Terms. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.
The users signed up with the Creator's Account may upload, publish and distribute materials, including images, videos, texts, designs, graphics, icons or other materials and information (“User Content”). If you contribute User Content through the Application, you acknowledge that such User Content will be accessible to other users.
As between you and Memerest, you own your User Content and information that you submit or post through the Creator's Account.
You hereby grant Memerest a limited, revocable, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, worldwide license to access, use, copy, modify, distribute, publish, reproduce, prepare derivative works of, store, cache and otherwise fully exploit the User Content that you provide through the Application, without any further consent, notice and/or compensation to you or others.
You can end this license anytime by deleting your User Content or Account. However, the license and permissions in respect of your User Content will continue to be in force for the users who have previously shared/reposted or downloaded your User Content.
When you upload or make available any User Content, you thereby represent and warrant that:
The creation, distribution, public display and the accessing, downloading or copying of such User Content does not and will not infringe the intellectual property rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize us and other users of the Application to use your User Content in any manner contemplated by Memerest and these Terms;
You are solely responsible for all the confidential information and personal data that may appear in your User Content (such as a company name, address, pictures of any people, their telephone numbers, etc.).
You are solely responsible for any User Content you upload to the Application. The User Content published through the Application is subject to Memerest’s prior moderation. However, we do not give any promises or guarantees relating to the User Content. Any reports claiming the User Content infringing the copyrights shall be considered in accordance with Memerest DMCA Takedown Policy.
Memerest Guidelines and Restrictions
You are prohibited to use the Application in any manner not expressly authorised by these Terms, including without limitation:
submitting Content that is offensive to the online community, such as content that promotes racism, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty;
impersonating other persons without their express permission;
engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about users, including names, phone numbers, addresses, email addresses without users’ prior consent;
engaging in activity, or submitting Content, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
submitting any Content to bully, harass, or threaten another individual;
submitting Content that displays pornographic or sexually explicit material of any kind;
submitting Content that contains viruses, Trojan horses, worms, or any other similar forms of malware;
engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Application or for any other unauthorized purpose without our prior written consent;
taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
Memerest may, but is not obliged to, control, is not responsible for, and makes no representations or warranties with respect to any Content.
In case you find any Content violating these Terms or your rights, please submit a report through the form available in the Application. We can remove any Content that we believe violates these Terms or our policies.
Disclaimer of warranties, Limitation of liability
Short version: This Application is provided to you “as is”, and we make no promises or guarantees about it. We will not be liable for damages or losses arising from your use or inability to use the Application or otherwise arising under these Terms.
This Application is provided to you “as is”. Other than as expressly set out in these Terms or any of our policies in the Application, to the fullest extent permitted by law, Memerest disclaims all warranties, express or implied, regarding the Application, its features and Content you may access through the Application, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or that the Application will be uninterrupted or error free.
You acknowledge that Memerest has no control over and is not responsible for any information, materials, Content, comments available in the Application, their accuracy, legality, copyright compliance or decency, and therefore has no duty to take any action regarding the effects the Content may have on you, your interpretation or use of the Content. You agree that Memerest is not responsible or liable for the conduct of any user or the consequences of your interaction with other users.
In no event shall Memerest, its founders, directors, employees, contractors or partners be liable for any (i) direct, indirect, incidental, special, punitive, compensatory or consequential damages, (ii) lost profits, revenues, information or data, related to any use or inability to use the Application, including, without limitation, any damages, caused by mistakes, omissions, interruptions, defects, viruses, even if Memerest has been advised of the possibility of such damages.
The foregoing provisions do not apply to the extent prohibited by the applicable law.
Short version: You are responsible for your use of the Application. If you harm someone else or get into a dispute with someone else, we will not be involved.
You agree to defend, indemnify and hold harmless Memerest, its founders, directors, employees, contractors or partners from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from: (i) any breach by you of any of these Terms, (ii) your use/misuse of the Application, Content or features available through the Application, (iii) infringement by you, or any third party using your account or identity in the Application, of any intellectual property or other right of any person or entity or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You also agree to reimburse Memerest for any damage, loss, cost or expense Memerest incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts) in connection with the defense or settlement of the foregoing, because of your use of the Application for any unlawful or prohibited purpose.
We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.
Links to third-party services
Short version: The Application may contain links to the websites and services we do not control. You must follow other terms when you use such websites or services provided by other parties.
Some features of the Application may be made available or accessed in connection with third-party services that Memerest does not control.
We are not responsible for the content and functionality of those or any other websites or services, as well as for any losses, damages or other liabilities incurred as a result of your use of any linked websites or services.
By providing your email, you understand and agree that we may send you the electronic communications, including (i) notifications on the Application updates; (ii) information or materials regarding your use of the Application; (iii) information on these Terms updates, and (iv) notices regarding other users’ reports or claims.
Please note that some emails may be more "commercial" because they may contain advertisements of Memerest services that we believe you may be interested in, or may otherwise contain elements of our marketing campaign or promotional news offered by Memerest.
You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.
Applicable law and jurisdiction
Short version: This agreement is governed by the laws of the state of Delaware, USA. We hope to resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be resolved in the national court of the state of Delaware, USA.
Except as otherwise set forth in these Terms or any policies, these Terms shall be exclusively governed by and construed in accordance with the laws of the state of Delaware, USA.
If any material in the Application, or your use of the Application is contrary to the laws of the place where you are when you access it, the Application is not intended for you, and we ask you not to use it. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of or in connection with the Application or these Terms, including, those relating to its validity, its construction or its enforceability shall be resolved by means of amicable negotiations directly with Memerest team in accordance with the principles of good faith and cooperation. If the consensus may not be reached by the negotiations, the dispute shall be settled exclusively in the state courts of Delaware, USA, subject to its jurisdiction rules, with the applicable substantive law of the state of Delaware, USA.
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
Short version: We may terminate your access to the Application, if you violate these Terms. You may terminate this Agreement with Memerest by deleting your Account and no longer using the Application. All licenses provided in these Terms may cease in result of such termination.
Termination by Memerest. We reserve the right, at any time at our sole discretion, to: modify, suspend or discontinue the Application, Content, feature or offers through the Application, with or without notice; and/or offer or cancel opportunities to some or all users of the Application. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Application.
Memerest reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or Account, removal of your User Content. Memerest may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Termination by you. You may terminate this agreement with Memerest at any time by deleting your Account as set forth in section “Account registration” herein and no longer accessing or using the Application. If you terminate this Agreement, all permissions and licenses granted to you in these Terms will immediately terminate having regard to the above.
Upon your request at the time of deleting your Account, we may remove all content and data associated with your Account and activity from our servers. Please read our Privacy Notice for more information about your personal data and its storage.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.
We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms. You cannot transfer your rights or obligations under these Terms without our consent.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Application to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We reserve the right, at any time at our sole discretion, to modify these Terms. In case of material changes affecting your use of the Application, we’ll notify you prior to the changes’ effective date by posting a notice in the Application.
If you have any questions or comments about these Terms of Service or the Application, please contact us by:
Turing complete Inc.
8 The Green
Dover, DE 19901
Disclaimer: The original, legally binding version of this document is written in English, and may be translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.