Version XXXXX - January 21, 2019 (last update)
Thank you for selecting the Services offered by Interfy International LLC and / or its subsidiaries and Partners referred to as 'Interfy'.
Completely review this Term of Service also identified as 'Contract '.
This is a legal agreement between you and beMemo, which describes the terms governing the use of beMemo online services provided to you through this Site / Portal, including content, updates and new releases.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity and its affiliates to these terms and conditions as your authorized representative. In this case, the terms 'you' or 'Your' will refer to such entity and its affiliates as well as to you. If the legal entity you represent does not agree to these terms and conditions, you must not accept this Agreement, register and use or access the Services as an authorized representative.
1 - GENERAL CONDITIONS
The Services may include components, systems and other third-party services in which additional terms, policies or requirements of other vendors may apply, including age requirements.
You may use the services only as permitted by law. We may suspend or stop providing the Services if you breach our terms or policies or if we are investigating cases of suspected misconduct.
You agree not to use or allow third parties to use the Services or the content in a manner that violates any applicable law, regulation or this Agreement. You agree that you will not:
• Provide access to or provide any part of the Services to third parties.
• Reproduce, modify, copy, deconstruct, sell, market or resell the Services, unless you are an beMemo-
The Services are protected by copyrights, trade secrets and other intellectual property laws that include, but are not limited to, any trademarks or logos used on websites. You only have the right to use the Services and only for the purposes described by beMemo. beMemo reserves all other rights in the Services, either owned or owned by third parties until termination of this Agreement and provided that you comply with all applicable payment obligations and are in compliance with this Agreement, beMemo grants you a personal, limited, non-exclusive, non-transferable right and license to use the Services.
We respond to notices of alleged copyright infringement and close accounts of repeat infringers in accordance with the procedures set forth in the American Copyright Laws. We provide information to help copyright holders manage their intellectual property online. If you understand that someone is violating your copyright and you want to notify us, you can send your notification to the following e-mail: info@beMemo.io. The Services allow you to submit content and documents for storage. You retain ownership of any intellectual property rights you hold over that content or document. In short, what belongs to you remains with you.
2. YOUR ACCOUNT
You must create an account to use the Services. You may create your own Account on the Site or it may be assigned to you by an beMemo Partner administrator. If you are using an beMemo Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to block or disable your account.
3. YOUR PERSONAL INFORMATION. You can view the beMemo Privacy Statement provided with the Services and the Services website (Portal). You agree to the beMemo Privacy Statement and any changes published by beMemo. You agree that beMemo may use and maintain your data in accordance with the Privacy Statement published by beMemo as part of the Services. You grant beMemo permission to combine identifiable and non-identifiable information that you enter or upload into the Services with those of other users of the Services and / or other servicesInterfaces. This means that beMemo may use aggregate and non-identifiable data of its users to improve the Services or to design promotions and provide ways to compare business practices with other users. beMemo is a global company and can access or store personal information in several countries.
Payments will be charged in US dollars, and your account will be debited when you sign up and provide your payment information.
You must pay with one of the following items:
1. A valid credit card acceptable to beMemo;
2. A valid and acceptable debit card for beMemo;
3. Sufficient funds in a checking or savings account to cover an electronic debt owed due; or
4. For another payment option that beMemo will provide to you in writing.
b. If your payment and registration information is not accurate, current and complete and you do not notify us immediately when such information is changed, we may suspend or terminate your account and refuse to use the Services.
c. If you do not notify us about updates to your payment method (for example, credit card expiration date) to avoid disruption to your service, we may participate in programs supported by your card provider (for example, , recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue to bill you with the updated information we get.
d. beMemo will automatically renew your Monthly or Annual Services at the rates then in effect, unless the Services are canceled or terminated under this Agreement.
Additional terms of cancellation or renewal can be provided to you on the Services website
4 - MODIFY OR CANCEL THE SERVICES
We are constantly changing and improving the Services. We may include or remove features or features and may also suspend or terminate a Service in its entirety. You can stop using the Services at any time, although we will be annoyed to see you leave.
Intery may also stop providing the Services to you, or include, or create new limits to, the Services at any time. We believe that you are the owner of your data and that it is important to preserve your access to this data. If we discontinue a Service, when reasonably possible, you will be informed in advance and have the opportunity to withdraw your information from that Service.
5. EXCLUSION OF GUARANTEES
We provide our Services using a reasonable level of ability and care and we hope you will enjoy using them. But there are some things we do not promise about the Services. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN AN ADDITIONAL TERMS, NEITHER beMemo, ITS ITS SUPPLIERS, ITS PARTNERS OR DISTRIBUTORS MAKE ANY WARRANTIES ON THE SERVICES. FOR ANY EXAMPLE, WE ARE NOT RESPONSIBLE FOR THE CONTENT ON THE SERVICES, FOR SPECIFIC FUNCTIONALITIES OF THE SERVICE, OR FOR THE RELIABILITY, AVAILABILITY OR CAPACITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES 'AS IS'. CERTAIN JURISDICTIONS PROVIDE CERTAIN WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
beMemo, ITS SUPPLIERS, PARTNERS AND DISTRIBUTORS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL MEET OR GUARANTEE THE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
6. RESPONSIBILITIES ABOUT THE SERVICES
TO THE EXTENT PERMITTED BY LAW, beMemo AND THE SUPPLIERS OR PARTNERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, FINANCIAL LOSS OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE ENTIRE LIABILITY OF beMemo AND ITS SUPPLIERS, PARTNERS AND DISTRIBUTORS FOR ANY CLAIM UNDER THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID beMemo IN THE LAST 12 (12) MONTHS USE OF SERVICES. IN ALL CASES, beMemo AND ITS SUPPLIERS, PARTNERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If you are using our Services on behalf of a company, such company accepts these terms. It will indemnify and hold harmless beMemo and its affiliates, partners, officers, agents and employees from and against any claims, lawsuits or lawsuits arising out of or relating to your use of the Services or your violation of these terms, including any liability or expense arising from your claim
losses, damages, proceedings, judgments, litigation costs and attorneys' fees. About these Terms.
You are responsible for all materials, documents, data and personal information ('Content ') uploaded, posted or stored through use of the services. You grant beMemo a worldwide, royalty-free, non-exclusive license to host and monitor any Content provided through use of the Services.
You should use best practices to store your content because you are responsible for any lost or unrecoverable content for misuse and misuse of the service. beMemo is not responsible for the Content or data submitted by the Services. You agree not to use or allow third parties to use the Services to upload, post, distribute, link, publish, reproduce, engage or transmit any of the following content, including but not limited to:
a. Illegal, defamatory, obscene, pornographic, profane, threatening, abusive, offensive, inappropriate or objectionable, or communications of any kind, including, without limitation, conduct that encourages other persons to 'ignite' local, state, federal or foreign, in the criminal or civil sphere;
b. Content that personifies another person or falsely represents their identity or qualifications or constitutes a violation of the privacy of any individual;
c. Except as permitted by beMemo in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communications or engage in spamming or flooding;
d. Virus, Trojan horse, worm or other software or disruptive or harmful data; ex}
e. Any information, software or Content that is not legally yours and without permission of the copyright owner or owner of the intellectual property rights.
beMemo may, but has no obligation to monitor, the content of the Services. We may disclose any information necessary to satisfy our legal obligations, protect beMemo or its customers, or operate the Services properly.
If beMemo is required by law to send you communications about the Services or third-party products, you agree that beMemo may send those communications to you via email or by posting them on our websites.
beMemo may immediately, at its sole discretion and without notice, terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination, you must immediately stop using the Services and any outstanding payments will be due. Any termination of this Agreement will not affect beMemo's rights to any payments due thereto.
9. MODIFICATIONS OF THIS TERM
We may modify these terms or any additional terms that apply to the Service to, for example, reflect changes in law or changes to our Services. You should review the terms on a regular basis. We will post notices of modifications in these terms in this page bememo.com
. We will post a notice of change to the additional terms within the applicable Service. The amendments shall not be applied retrospectively and shall enter into force at least 14 days after their publication. However, changes regarding new features of a Service or changes made for legal reasons will take effect immediately. If you do not agree to the changed terms of a Service, you must discontinue using that Service. These terms govern the relationship between beMemo and you. They do not create any rights for third parties. If you do not comply with these terms and we do not take immediate action, this does not mean that we are waiving any rights we may have (such as taking future action). If a particular condition of these terms is not enforceable, this shall be without prejudice to any other provision hereof.
10. APPLICABLE LAW
Florida / US state law governs this Agreement without regard to conflicts of law provisions.
ANY DISPUTE OR RELATED CLAIM OF ANY WAY WITH THE SERVICES OR THIS AGREEMENT WILL BE SOLVED BY THE BINDING ARBITRATION, BECAUSE OF CUT, except that you may claim in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and application of this provision; the arbitrator will apply Florida / US law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may, at any time, seek injunctive or other equitable relief from any court of competent jurisdiction.
This Agreement, including the Private Policy
city, is the entire agreement between you and beMemo and supersedes all prior understandings, communications and agreements, oral or written, with respect to the subject matter. If any court having jurisdiction determines that any part of this Agreement is invalid, that section shall be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer ownership of this Agreement to anyone without beMemo's written approval. However, beMemo may assign or transfer it without your consent to (a) a partner, (b) a company through an asset sale by beMemo or (c) a successor through a merger. Any assignment that violates this Section will be void.