Memowhen Terms of Service

Last Updated Date: March 11, 2011

Our terms and Conditions must be accepted before you can start using the website. We in no way want to offend you or put you off subscribing to our service. The Terms of Service protect you, and all our members, as well as ourselves.

1. TERMS OR SERVICE
These terms and conditions apply to your use of the www.memowhen.com website ("The Site") and the services offered by This Life of Mine Ltd ("TLOM" or "we") on the www.memowhen.com Web Pages described in clause 2 below ("The Service").

TLOM reserves the right to change the terms, conditions, and notices under which the The Service is offered, including but not limited to the charges associated with the use of The Service. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the The Site. Your continued use of The Service constitutes your agreement to all such terms, conditions, and notices.

2. SERVICE
The Service provides, among other things, an interface, which allows you to document and view a summary of your life.

3. TERMINATION
TLOM may terminate The Service at any time by giving you one month's notice by email. TLOM may also terminate your subscription immediately if we reasonably believe that you have violated any applicable laws, acted inconsistently with these terms and conditions, or have violated our rights or those of another party.

4. CHARGES
In the future we are planning to add an optional subscription-based premium service that will offer additional functionality. Our intention is to always offer a free version.

5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
The Service requires you to open an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. After you have registered you should change your password and we recommend that you continue to change your password every 90 days. You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TLOM immediately of any unauthorized use of your account or any other breach of security. TLOM will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TLOM or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of The Service, you will not use The Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Service in any manner, which could damage, disable, overburden, or impair any TLOM Service(s) (or the network(s) connected to any TLOM Service(s)) or interfere with any other party's use and enjoyment of any TLOM Service(s). You may not attempt to gain unauthorized access to any service, other accounts, computer systems or networks connected to any TLOM Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Service.

7. USE OF THE SITE IS AT YOUR RISK
You use The Service at your own risk. You must evaluate, and bear all risks associated with the use of any content including reliance on the accuracy, completeness or usefulness of any content.

We endeavour to provide a convenient and functional service, but we do not guarantee or provide any other warranties that the provided content will be error free or that the The Site or The Service or the server that operates them are free of viruses or other harmful components.

If your use of the The Service results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

Without limiting the above provisions, to the extent permitted by law everything on The Site and The service is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of the intellectual property rights of any third party. We exclude all representations and warranties to the extent not specifically included in these terms and conditions to the fullest extent permissible under any applicable law.

8. INDEMNITY
You agree to defend, indemnify and hold harmless TLOM, our officers, directors, and employees from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of The Service or resulting from, or alleged to result from, your use of The Service or your violation of these terms and conditions.

9. LIMITATION OF LIABILITY
To the extent permitted by law:

  1. our liability to you, whether for breach of these Terms and Conditions, whether arising in contract, negligence, in any other tort, or in equity or for any other common law or statutory cause of action arising in relation to these Terms and Conditions, The Site, The Service or the provided content will not in the aggregate exceed an amount of $1000;
  2. without limiting paragraph A, we will not be liable for any incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use The Site, The Service and any provided content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
  3. to the extent permitted at law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
    1. in the case of goods: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of such goods; (c) the payment of the cost of replacing the goods or acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired; and
    2. in the case of services: (a) the supply of the services again; or (a) the payment of the cost of having services supplied again.

10. COPYRIGHT AND TRADEMARK NOTICES:
All contents of The Site are Copyright 2011 This Life of Mine Ltd or its suppliers, PO Box 56-307, Dominion Road, Mt Eden, Auckland, New Zealand. All rights reserved.

TRADEMARKS Memowhen and/or other TLOM products referenced herein are either trademarks or registered trademarks of TLOM. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

11. LAW OF THESE TERMS
The Service is provided under New Zealand law. You may take action against us only in a New Zealand court.

Content Guidelines.You agree not to post, upload or transmit to The Site or to our servers ("Post") any communications, files, data, software, text, graphics, images, photographs, illustrations or other information or materials ("Material") that:

  1. are obscene, fraudulent or indecent; defames, abuses, harasses or threatens others;
  2. contains any viruses, trojan horses, worms, time bombs or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, Material or personal information;
  3. advocates or encourages any illegal activity;
  4. infringes upon the copyright, patent, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party;
  5. violates the privacy of individuals, including other users of the Site; or
  6. violates any applicable local, state, national or international law.

Our Rights. We may delete from The Site or otherwise deal with any material that we deem to be in breach of the Content Guidelines or otherwise objectionable for any reason without prior notice. We may terminate your right to access and use the site in accordance with clause 3 of these terms and conditions if we believe that your conduct violates any applicable law or is harmful to our interests.

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