The following terms and conditions govern all use of the iMemorized.com website and its services and other iMemorized websites and all content and products available at or through the website (taken together, the Website). The Website is owned and operated by iMemorized Inc. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by iMemorized (collectively, the 'Agreement').
Please read this Agreement, which includes the Terms and Conditions of Use as the various policy statements set out in the Website from time to time carefully before accessing or using the Website. By accessing or using any part or services of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by iMemorized, acceptance is expressly limited to these terms.
Terms & Conditions
Your Account.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and iMemorized may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause iMemorized liability. You must immediately notify iMemorized of any unauthorized uses of your account or any other breaches of security. iMemorized will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You are also responsible for choosing which level of security you may need for your particular uses. The greater the security level the more onerous sign in provisions. iMemorized has no ability to track your passwords or reset your passwords.
Without limiting any representations or warranties herein, iMemorized has the right (though not the obligation) to, in iMemorized's sole discretion (i) refuse or remove any content that, in iMemorized' reasonable opinion, violates any iMemorized policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in iMemorized' sole discretion. iMemorized will have no obligation to provide a refund of any amounts previously paid.
iMemorized standard edition is intended for personal, non-commercial use only. The unauthorized commercial use of iMemorized standard edition is prohibited. iMemorized reserves all its rights in the event of a violation of this policy, which may include discontinuation of the subscription itself, suspension of your privileges as a user, and enforcement of iMemorized' rights under law and equity.
Responsibility of Website Visitors.
iMemorized has not reviewed, and cannot review, all of the material, including computer software, posted to the Website and cannot therefore be responsible for that material's content, use or effects. By operating the Website, iMemorized does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. iMemorized disclaims any responsibility for any harm resulting from the use by visitors to the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which iMemorized.com links, and that link to iMemorized.com. iMemorized does not have any control over those non-iMemorized.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-iMemorized.com website or webpage, iMemorized does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. iMemorized disclaims any responsibility for any harm resulting from your use of non-iMemorized websites and webpages.
Content Posted on Other Websites.
Copyright Infringement.
As iMemorized asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by iMemorized.com violates your copyright, you are encouraged to notify iMemorized. iMemorized will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of iMemorized or others, iMemorized may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, iMemorized will have no obligation to provide a refund of any amounts previously paid to iMemorized.
This Agreement does not transfer from iMemorized to you any iMemorized or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with iMemorized. iMemorized, iMemorized.com, and all other trademarks, service marks, graphics and logos used in connection with iMemorized.com, or the Website are trademarks or registered trademarks of iMemorized or iMemorized's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any iMemorized or third-party trademarks.
Intellectual Property.
Changes.
iMemorized reserves the right, at its sole discretion, to modify or replace any part of this Agreement and its components. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. iMemorized may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement as modified from time to time.
iMemorized may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a services account, such account can only be terminated by iMemorized if you materially breach this Agreement and fail to cure such breach within thirty (30) days from iMemorized's notice to you thereof; provided that, iMemorized can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination by iMemorized or upon the expiry of your right to use the Websites’ services, iMemorized may at its sole discretion burn, destroy or delete all your data stored on the Website without further notification to you.
Termination and Expiry of Right to Use the Services - Burn Notice.
Disclaimer of Warranties.
The Website is provided 'as is'. iMemorized and its suppliers, licensors and affiliate companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither iMemorized nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will iMemorized, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to iMemorized under this agreement during the twelve (12) month period prior to the date the cause of the action occurs. iMemorized shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Limitation of Liability.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the iMemorized Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, province, city or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless iMemorized, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
Indemnification.
Miscellaneous.
This Agreement constitutes the entire agreement between iMemorized and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of iMemorized, or by the posting by iMemorized of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of British Columbia, Canada.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; iMemorized may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Agreement and interpretation of these Terms and Conditions and use of the services of iMemorized shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. The user agrees to submit to the exclusive jurisdiction of the courts of British Columbia, Canada, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement or in connection with the use of the services of iMemorized.
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iMemorized Inc.
These terms are licensed under Creative Commons Share-Alike which have been modified to suit the needs of iMemorized.
Modified May 15, 2015
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