Memento Social Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP
If you continue to use the Portfolio, you will be confirming that you accept these updated Terms and agree to comply with them.
If you do not wish to agree to these or any updated Terms, you can delete your account by following the steps in clause 8.2.
We are registered in England and Wales under company number 13023580 and have our registered office at Lincoln Cottage, Pine Grove, Windlesham, England, GU20 6AW.
We are a limited company. To contact us, please email info@mementosocial.com.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
These Mementos will be exact to each location. This allows users to not only attach digital content to locations anywhere in the world to revisit at a later stage and / or share with friends and family, but also, using our interactive map, create routes between Mementos (Routes).
If you have been convicted of any crimes of a sexual nature, you are not permitted to use the App in any form.
If we have previously disabled your account for violation of these Terms or any other reason, you are not permitted to create another account or continue using the App in any form.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@mementosocial.com.
If any material or activity on your account is in breach of any of these Terms or our Community Guidelines, we may suspend or terminate your account. For further information on termination, see clause 8.
Users must be aware of their surroundings, and are responsible for their own safety and security. You agree that your use of the App is at your own risk.
Users must not trespass, attempt to gain access to private property, or otherwise infringe the rights of others, including engaging in activity which might result in injury, death, property damage, nuisance, or liability of any kind.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our App other than that set out in these Terms, please contact info@mementosocial.com.
You warrant that any such contribution or communication complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our App will be considered non-confidential and non-proprietary. You are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties.
When you upload or post content to our App, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicenseable, licence to use, reproduce, modify, distribute, prepare derivative works of, display, publicly display and perform, market, and promote that user-generated content in connection with the service provided by the App and across different media including to promote the App or the service.
This licence will end when your content is removed from our Products, except insofar as your content has been used by others in accordance with this licence, in which case it will continue to apply until that content has been deleted.
You are solely responsible for your user content; you represent and warrant that you own it all or have the rights necessary to grant us licenses. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the contents, against us or any third party designated by us.
You must not post private or confidential information belonging to other people without permission, and do anything to infringe the rights of others, including third party intellectual property rights, and rights of publicity or privacy.
You must not upload or share any content which features residential property or personal information.
Users are responsible for their own safety and must assess their own abilities. Users must not take risks when using the App, nor encourage others to do so. This includes the placing and accessing of Mementos, and the creation, and following, of Routes.
If you become aware of any content on our App which violates any of our Terms or our Community Guidelines, please let us know at info@mementosocial.com.
We will report any such acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
You must not misuse our reporting, dispute or appeals channels, including by making fraudulent or groundless reports or appeals. We reserve our rights to suspend or terminate any account you have with us if we, in our sole opinion, consider that you are misusing our reporting, dispute or appeals channels.
You are solely responsible for securing and backing up your content. We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from removal of content.
If you wish to contact us in relation to content you have uploaded to our App and that we have taken down, please contact info@mementosocial.com.
While we welcome and appreciate feedback and suggestions, both positive and negative, we are under no obligation to keep such feedback and suggestions confidential, and may use them without restriction or obligation to you.
We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from termination or suspension of any accounts.
If you wish to contact us in relation to a suspension or termination action that we have taken, please contact info@mementosocial.com.
After you have requested deletion of your account, your content will no longer be visible to other users. However, it will continue to be subject to these Terms, including our Privacy Notice.
Your content cannot be removed where it has been used by others in accordance with these Terms.
We will remove content from our systems except where doing so would restrict our ability to comply with any relevant laws, regulations, or policies, including but not limited to the investigation or identification of violation of these Terms, or the preservation of evidence. In these cases, we will retain your content for no longer than is necessary in the specific case.
We have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
We will try to give you reasonable notice of any suspension or withdrawal, but we have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged (except where the content is user-generated).
You must not modify, translate, create derivative works of, or reverse-engineer, or attempt to do any of these things in relation to, our Portfolio. If you print off, copy, download, share or repost any part of our Portfolio in breach of these Terms, your right to use our Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You may only use our intellectual property and trade marks with our prior written permission.
If you use content covered by intellectual property rights that we have and make available in our App (for example, images, designs, videos or sounds we provide), we retain all rights to our content.
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
Users are responsible for their own personal safety while using the App. We are not responsible for any personal injury or property damage which is in any way related to your use of the App.
As long as we have acted with reasonable skill and care, we do not accept responsibility or liability for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or damage to business, goodwill or reputation; loss of opportunity; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter; or any indirect or consequential loss or damage arising under or in connection with your use of, or inability to use, our App or your use of or reliance on any content displayed on our App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Similarly, this App may include information and materials uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP
- What's in these Terms?
- Other Terms which may apply to you
- Our Privacy Notice;
- Our Community Guidelines, which set out the permitted uses and prohibited uses of our Products. When using our Portfolio, you must comply with these Community Guidelines; and
- By using our Portfolio you accept these terms
- Changes to these Terms
If you continue to use the Portfolio, you will be confirming that you accept these updated Terms and agree to comply with them.
If you do not wish to agree to these or any updated Terms, you can delete your account by following the steps in clause 8.2.
- Who we are and how to contact us
We are registered in England and Wales under company number 13023580 and have our registered office at Lincoln Cottage, Pine Grove, Windlesham, England, GU20 6AW.
We are a limited company. To contact us, please email info@mementosocial.com.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
- Our App
These Mementos will be exact to each location. This allows users to not only attach digital content to locations anywhere in the world to revisit at a later stage and / or share with friends and family, but also, using our interactive map, create routes between Mementos (Routes).
- Use of the App
- Who can use the App?
If you have been convicted of any crimes of a sexual nature, you are not permitted to use the App in any form.
If we have previously disabled your account for violation of these Terms or any other reason, you are not permitted to create another account or continue using the App in any form.
- Creating an account
- Users must keep details safe
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@mementosocial.com.
- Users are responsible for their own account
If any material or activity on your account is in breach of any of these Terms or our Community Guidelines, we may suspend or terminate your account. For further information on termination, see clause 8.
- Safe and appropriate contact
Users must be aware of their surroundings, and are responsible for their own safety and security. You agree that your use of the App is at your own risk.
Users must not trespass, attempt to gain access to private property, or otherwise infringe the rights of others, including engaging in activity which might result in injury, death, property damage, nuisance, or liability of any kind.
- Linking to Our App
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our App other than that set out in these Terms, please contact info@mementosocial.com.
- User Generated Content
- Uploading Content to our App
You warrant that any such contribution or communication complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- Your Licence to Us
Any content you upload to our App will be considered non-confidential and non-proprietary. You are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties.
When you upload or post content to our App, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicenseable, licence to use, reproduce, modify, distribute, prepare derivative works of, display, publicly display and perform, market, and promote that user-generated content in connection with the service provided by the App and across different media including to promote the App or the service.
This licence will end when your content is removed from our Products, except insofar as your content has been used by others in accordance with this licence, in which case it will continue to apply until that content has been deleted.
You are solely responsible for your user content; you represent and warrant that you own it all or have the rights necessary to grant us licenses. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the contents, against us or any third party designated by us.
- Rights of Other Individuals
You must not post private or confidential information belonging to other people without permission, and do anything to infringe the rights of others, including third party intellectual property rights, and rights of publicity or privacy.
You must not upload or share any content which features residential property or personal information.
- App Content
- Do not rely on information on this App
Users are responsible for their own safety and must assess their own abilities. Users must not take risks when using the App, nor encourage others to do so. This includes the placing and accessing of Mementos, and the creation, and following, of Routes.
- Others’ Opinions
If you become aware of any content on our App which violates any of our Terms or our Community Guidelines, please let us know at info@mementosocial.com.
- Misuse of our Portfolio
- Viruses
We will report any such acts to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
- Infringing Content
- Impersonating Others
- Text or data mining, or scraping
- Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Portfolio or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
- Feedback
- Reporting Infringing Content
You must not misuse our reporting, dispute or appeals channels, including by making fraudulent or groundless reports or appeals. We reserve our rights to suspend or terminate any account you have with us if we, in our sole opinion, consider that you are misusing our reporting, dispute or appeals channels.
- Removal of Content
You are solely responsible for securing and backing up your content. We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from removal of content.
If you wish to contact us in relation to content you have uploaded to our App and that we have taken down, please contact info@mementosocial.com.
- Your Feedback
While we welcome and appreciate feedback and suggestions, both positive and negative, we are under no obligation to keep such feedback and suggestions confidential, and may use them without restriction or obligation to you.
- Termination
- Compulsory Suspension and Termination
We have no liability to you nor any obligation to reimburse or refund you for any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity resulting from termination or suspension of any accounts.
If you wish to contact us in relation to a suspension or termination action that we have taken, please contact info@mementosocial.com.
- Deleting your account
After you have requested deletion of your account, your content will no longer be visible to other users. However, it will continue to be subject to these Terms, including our Privacy Notice.
Your content cannot be removed where it has been used by others in accordance with these Terms.
We will remove content from our systems except where doing so would restrict our ability to comply with any relevant laws, regulations, or policies, including but not limited to the investigation or identification of violation of these Terms, or the preservation of evidence. In these cases, we will retain your content for no longer than is necessary in the specific case.
- To learn more about how we use and retain your information, please review our Privacy Notice. Inactive Accounts
We have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
- Suspension or Withdrawal of our Products
We will try to give you reasonable notice of any suspension or withdrawal, but we have no liability to you nor any obligation to reimburse or refund you for any loss suffered in relation to the suspension, withdrawal, or restriction of our Portfolio, including but not limited to any loss of data, loss of profit, loss of business, business interruption, or loss of any opportunity.
- Intellectual Property
- Our Rights in the Portfolio
Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged (except where the content is user-generated).
You must not modify, translate, create derivative works of, or reverse-engineer, or attempt to do any of these things in relation to, our Portfolio. If you print off, copy, download, share or repost any part of our Portfolio in breach of these Terms, your right to use our Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- Trade Marks
You may only use our intellectual property and trade marks with our prior written permission.
- Your Licence to Use Our App
If you use content covered by intellectual property rights that we have and make available in our App (for example, images, designs, videos or sounds we provide), we retain all rights to our content.
- Our responsibility for loss or damage suffered by you
- Use of the App
You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.
Users are responsible for their own personal safety while using the App. We are not responsible for any personal injury or property damage which is in any way related to your use of the App.
As long as we have acted with reasonable skill and care, we do not accept responsibility or liability for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or damage to business, goodwill or reputation; loss of opportunity; any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by others that you may encounter; or any indirect or consequential loss or damage arising under or in connection with your use of, or inability to use, our App or your use of or reliance on any content displayed on our App.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Third Party Content on Our App
Similarly, this App may include information and materials uploaded by other users of the App. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values.
- Use of User Personal Information
- Jurisdiction
- Individuals
- Businesses
- Miscellaneous
- Entire Agreement
- Severability
- Third Parties
- Force Majeure
- Waiver