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Last amended on April 2, 2020
Thank you for using Memorizer!
These terms of service (the “Conditions”) regulate your access and use of the Memorizer website and applications, a service marketed by 1SPIRE SAS (“Memorizer”,” The service”, “us”). Please read these conditions carefully. If you have any questions, please contact us at [email protected]. By accessing Memorizer or using the service, you agree to comply with these conditions, and with our Privacy Policy.
Every company has terms of use, these are ours.
Memorizer helps you easily store, find and share all your everyday memories. To achieve this, we are working hard at Station F to provide you with the best mobile ergonomics and the best image, barcodes and text recognition technologies.
If you are tired of forgetting the name of the book you read just a year ago, the tricks that make your favorite recipes a success, the restaurants you absolutely want to visit in Lille or Marseille, the name of this bottle of wine you definitely need to have in your cellar… then Memorizer is for you.
And we’ll go further. Memorizer will help you work your memory with your own memories. Life goes by quickly, and in the end we are left with our memories, so let’s protect them!
On Memorizer, your memories belong to you. The only people who will be able to see some of your data will be the friends you selected to have access to all or part of your memories… at your convenience.
Welcome to Memorizer! For a better memory, a better culture, a better life.
You must be at least 13 years old to create an account or use Memorizer services.
If you live in the EEA, you can only use Memorizer if you are at least the minimum age at which the laws of your country allow you to give your consent to the processing of your data.
You agree that we can automatically update the software, and these conditions will apply to any update.
When you access, visit or use the Service or create a Memorizer account, you agree to these terms of use and agree to be bound by these conditions. You must also comply with local, national and international laws, rules and regulations.
So take the time to read them carefully because they govern your access and use of the Service, your rights and constraints. If you don’t agree with these conditions, you can’t access Memorizer.
We are constantly improving our services and regularly developing new functions. In other words, we can add or remove features, or products, and we can also suspend or stop a Service. We can make such a decision at any time. When we do, we will try to notify you in advance, but it may not be possible.
We keep the right to determine the form and means of providing you with notifications regarding the change in these conditions. We may change these conditions from time to time and the most recent version will always be posted on our website. If a change decided at our discretion proves significant, we will notify you either by email or direct message in the mobile application. By continuing to access Memorizer or to use the Service after these revisions have come into effect, you are in fact agreeing to be bound by these modified conditions. If you don’t accept the new conditions, you can’t use Memorizer.
Account creation is an initial step to be able to use Memorizer. The process is simple, you will be guided in the application. By creating an account, you commit to: (i) providing true, accurate, up-to-date and complete information about yourself as requested at your registration; (ii) maintaining and updating registration data to keep it true, accurate, up-to-date and complete; and (iii) not using another person’s name with the intention of usurping the identity of that person or in a way that otherwise causes confusion as to the origin of your account. If you provide false, inaccurate, outdated or incomplete information, or that mimics another person, or if Memorizer has grounds to suspect that the information you provided is false, inaccurate, outdated or incomplete, or impersonates another person, Memorizer may suspend or terminate your account and may refuse to allow you to use the service at any time.
Memorizer grants you a personal, global, free, non-exclusive, revocable and non-transferable license. The sole purpose of this license is to allow you to access the Services, use them and enjoy their benefits according to the terms defined by these Terms of Service.
For any software we provide, you can download and install updates automatically and for free.
A. Responsibility for user content
Memorizer allows you to publish and store content on the Service, including photos, videos, audios, notes, comments, data, texts, graphics, messages, labels, images, illustrations or other materials (“User Content”)
You, not Memorizer, will be solely responsible for any Content you make available through the Service, to other users of the Service, and in the same way, other users are solely responsible for the content they make available in the Service.
By publishing Content on the Service, you agree to take full responsibility for the content and accept the following: (i) you are the sole owner of any User Content that you make available through the Service and/or that you have all the rights necessary to make your content available to other users through the Service and grant to Memorizer the rights of your User Content described in these terms, and (ii) all of your User Content and other information you provide us are truthful and accurate. Memorizer has the right, but not the obligation, to pre-screen, refuse or remove any User Content that violates these Terms. If your user account or Content were removed from the Service, Memorizer reserves the right to retain your User Content to make it accessible to other users of the service (so that one of your loved ones can keep the photos you shared with them) as well as for backup, archiving, or verification purposes.
B. Content on the Service
Memorizer is an Internet service provider (an “ISP”) and assumes no obligation to monitor the service on inappropriate or illegal user content. Memorizer is not responsible, nor does it hold the opinions expressed in User Content. Memorizer does not endorse the guarantee, nor does it assume any responsibility, obligation or responsibility for the content of users, including, but not limited to, liability for claims from third parties against users of the service for defamation, slander, forgery, invasion of privacy, violation of advertising rights, obscenity, pornography, blasphemy, fraud or false statements.
C. User Content Storage
Memorizer has the right to remove from the Service any User Content that you download which requires storage space beyond the storage space associated with your account.
D. User Content Rights
Memorizer does not claim ownership of your User Content. However, you grant Memorizer a worldwide, royalty-free, non-exclusive perpetual sub-licensable, transferable and irrevocable right to use, distribute, publish, reproduce, copy, modify, adapt, display your User Content in Memorizer apps only, all without compensation for you. In addition, if your account settings allow Memorizer to make your username or profile picture visible to other users of the Service, you give Memorizer permission to display your username and profile picture as part of any User Content. You release Memorizer from and against all claims of any kind that you may have against Memorizer in connection with this use, including, but not limited to, those that are based on advertising or confidentiality rights. You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to comply with and adapt to the technical requirements of networks or connection devices. You understand and agree that, unlike other websites or services, you will not have the opportunity, should not, and must not attempt to remove or remove any User Content that you have shared with other users of the Service, subject to a grace period that Memorizer may choose, to its sole discretion, to provide from time to time (a “grace period”).
The confidentiality of your information is paramount to us. To find out how we handle information when you use our Services, refer to our Privacy Policy. We encourage you to read it carefully.
Memorizer respects copyright and asks you to do the same. You are responsible for the content you make available through the Service. When sharing any content that is held by third parties, such as images, articles or links,you should mention the original source. Memorizer offers content owners the ability to notify Memorizer if they believe their work has been used or shared in a way that constitutes copyright infringement. Rights titular and their agents can submit notifications to Memorizer according to the DMCA Policy Note (USA) or by Courier with A/R in France or Europe.
The safety of our users is a subject to which we pay a lot of attention. We do everything we can to ensure the security of your content and account. However, we cannot guarantee that unauthorized third parties will not be able to override our safeguards. We ask you to ensure that your password is confidential. Please notify us immediately if your account is hacked or used without authorisation.
You can help us against spammers by keeping these safety tips in mind.
Memorizer may contain links to websites, advertisers, services, external special offers or other events and activities that do not belong to or are not controlled by Memorizer. We do not in any way take responsibility for these external sites, information, documents, products or services. If you access a website, service or external content from Memorizer you do so at your own risk and you accept that Memorizer is not liable if you access or use these third-party websites, services or content.
Generally.
Memorizer may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: Memorizer may offer some services as automatically-renewing subscriptions, e.g., a monthly subscription, one-year subscription, or six-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT MEMORIZER’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Memorizer changes these prices and you do not cancel your subscription, you agree that you will be charged at Memorizer’s then-current pricing for subscription.
Canceling Subscriptions. If you purchased a subscription directly from Memorizer, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Memorizer through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Memorizer) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
In addition to canceling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not Memorizer. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
For all other purchases: please contact [email protected] with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Memorizer, 7 rue du progrès, 93100 Montreuil, France.
Taxes.
The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Memorizer determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Memorizer will collect such Sales Tax in addition to the payments required under this Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Memorizer, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
You can cancel your account at any time by contacting us at [email protected]. If you terminate your account, you will still be able to access and view the sites, but you will not have access to the features that are available to registered users of the Service.
We may terminate or suspend your access immediately and without notice for any reason.
Memorizer may also terminate these Terms if you do not comply with them, if you do not comply with the law, or for any reason. If this happens, we will do our best to notify you in advance, but cannot guarantee it. Our right to terminate these Terms means not only that we can stop providing you with the Services, but also impose restrictions related to the use of the Services. For example, we may disable your account due to prolonged inactivity (12 months).
Regardless of who among us terminates these Terms, you and Memorizer will continue to be subject to the Articles 6, 10 and 20.
We strive to keep the Services running smoothly and to avoid disruption. But we can’t guarantee that you’ll always get there.
The Services are delivered “as it stands” and “as available” and, within the limits provided by law, without any guarantee of any kind, express or implied, including in particular, implicit guarantees or conditions (i) as to satisfactory quality, market quality, adequacy for a particular use, property, peaceful enjoyment or absence of infringement or (ii) arising from business practices. Moreover, if Memorizer tries to provide a good user experience, we do not declare or guarantee that: (a) The Services will always be safe, error-free and punctual; (b) Services will always operate without delay, disruption or imperfection; or (c) that any content or information you obtain through our services will be current or accurate.
If the law of your country of residence does not allow the exclusions of liability contained in this clause, these exclusions will not apply.
Memorizer and its affiliates disclaim any liability and assume no commitment for any content created, downloaded, published, sent, received or stored on its Services or via it by you, another user or a third party. You understand and acknowledge that you may be exposed to content that may be offensive, illegal, misleading or inappropriate, for which neither Memorizer nor its affiliates will be responsible.
Nothing in these Terms excludes or limits the responsibility to remove content that is ours if this is required by the law of the country where you reside.
Except for the user’s Content, you agree that Memorizer, its licensees or partners hold all rights, titles and interests in the service and all documents provided by us under the Service, including, without limitation, software, images, texts, graphics, illustration,logos, patents, trademarks, service marks, copyrights or photographs, (the “content of Memorizer”),and all intellectual property rights relating to the content of The Memorizer. You cannot (and cannot authorize a third party) to copy, edit, create a work derived from, decompile, debone, disassemble or attempt to discover the source code of the program’s features. The Name Memorizer, logo and symbols are trademarks and service marks of Memorizer. You agree not to display or use all Memorizer marks without the prior written consent of Memorizer.
That being said, we love collaborating with interesting companies, inventive engineers, and creative truedesigners. So don’t hesitate to contact us at [email protected].
Your agreement, within the limits permitted by law, to clear Memorizer, its affiliates, directors, shareholders, employees, licensees, suppliers and agents, of any liability for any damage, complaint, charge, claim, loss, cost (including legal fees) due to or related to the following or arising from: (a) your access to the Services or their use; (b) your Content and (c) the violation of these Terms on your part.
You undertake to guarantee and compensate The Memorizer Parties for any claim or claim, including reasonable legal fees, made by a third party related to or arising from: (A) your User Content; (B) your use of the Service; (C) your violation of these Terms; or (D) your violation of any law or rights of another party
Memorizer and its affiliates, directors, shareholders, employees, licensees, suppliers and agents may not be held liable for any indirect, incidental, special, punitive or multiple damage, any loss of profits or income, suffered directly or indirectly, or any loss of data, enjoyment, value or other intangible losses resulting from: (a) the use of the Services or the inability to use them; (b) access to or inability to access the Services; (c) the conduct or content of other user sor third parties on or via the Services; or (d) the use or alteration of your content or unauthorized access to it. Under no circumstances will the total liability of Memorizer or its affiliates for complaints relating to the Services exceed EUR 100.
IF THE LAW OF THE COUNTRY WHERE YOU RESIDE DOES NOT AUTHORIZE THE LIMITATIONS OF LIABILITY CONTAINED IN THIS CLAUSE, THESE LIMITATIONS WILL NOT APPLY.
A – Arbitration
The parties will use their best endeavors to settle any dispute, claim, matter, or disagreement directly through good faith negotiations which must be a prerequisite to either party to the commencement of a lawsuit or proceeding. arbitration. All claims arising out of or relating to these Terms and your use of the Service will be settled definitively by binding arbitration administered by the competent Créteil Tribunal de Commerce, in accordance with the provisions of its Commercial Arbitration Rules and Additional Procedures for Consumers , excluding rules or procedures governing or permitting class actions. The arbitrator, and not a court or agency, has the exclusive authority to resolve all disputes arising out of or related to these terms, including, but not limited to, any allegation that all or any of these Terms is void or voidable. The referee is entitled to grant some relief and would be available for any action in a court. The decision of the arbitrator will be binding on the parties and may be entered as a judgment by a competent court. The parties understand that, in the absence of this mandatory provision, they would have the right to sue and have a jury trial. They further understand that in some cases the costs of arbitration may exceed litigation costs.
B – Waiver appeal
The parties also agree that the arbitration must be conducted on a personal basis only and not as a class action or other representative actions. If a court or arbitrator decides that the class action waiver in this section is void or unenforceable for any reason or that the arbitration may proceed on a class action basis, the arbitration clause set out below will be considered null and void in its entirety and the parties are deemed not to have consented to the arbitration of
To the extent that the parties are authorized by these Terms to take legal action, you and Memorizer recognize that the French courts will have exclusive jurisdiction over all disputes and complaints (contractual or otherwise) arising from or related to the Use of the Services, unless this is prohibited by the laws of the country in which you reside. You and Memorizer accept the exclusive jurisdiction of these courts.
French law governs these Terms and any dispute or complaint (contractual or otherwise) related to or resulting from them or their purpose. Courts in some countries may not apply French laws to disputes related to these Terms. If you live in one of these countries, the laws of your country of residence will apply.
These Terms are the entirety of the agreement between you and Memorizer and replace all previous agreements.
They do not create or confer beneficial rights on third parties.
If we do not enforce a stipulation of these Terms, this will not be considered a waiver.
We reserve all rights that we have not expressly granted you.
You cannot surrender your rights and obligations under these Terms without our consent.
If you have any questions or comments about our Services, you can contact us at [email protected]. We love to receive suggestions! If you voluntarily submit comments or suggestions, we may use them without remuneration. If you have lots of ideas for Memorizer AND want to be paid, contact us too, we recruit frequently!
Memorizer is based at Station F, 5 parvis Alan Turing, 75013 Paris – France.
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