In these terms of use, “we” “us” and “our” refers to Remembering Memories Limited and the service we provide at rememberingme.info, the Service. Your contribution, access to and use of all information (“Content”) on this website is provided subject to these terms and conditions.

 

 

We reserve the right to amend this Notice at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

 

Members

 

1. In order to access the Service provided on this website, you must become a member. You must complete registration by providing certain information as set out on our registration page. Please also refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

 

2. You agree to ensure that your registration details, including your name and email address, are true and accurate at all times and you undertake to update your membership details from time to time when they change. If we become aware that either your name and/or email address is incorrect, we reserve the right to immediately cancel your membership and acceptance for registration in the future will be at our discretion.

 

3. On registration, we provide you with a password. On subscribing to either the Premium or Lifetime packages, you agree to pay for the Service as set out on our website.

 

4. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.

 

5. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

6. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

 

7. No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.

 

8. Lifetime subscriptions will remain active for the life of the person who purchased the subscription. Lifetime subscribtions are guaranteed at least 5 years (60 months) of access to the Service, however, in the event we discontinue the Service or cease to do business, we may terminate lifetime subscriptions by returning your purchase price less an amount computed by multiplying your purchase price by a fraction, the numerator of which is the number of complete months since your purchase of the lifetime subscription and the denominator of which is 60.

 

Shared Content

 

9. You are responsible for all and any Content you contribute to the Service. When you provide Content you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the Content in any and all media including forms not yet developed. This licence ends when you cease your membership except for Content which has already been released as part of the Service.

 

10. We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.

 

11.    By posting Content on this website, you provide us with an undertaking that you will not use or allow anyone else to use the Service to post or otherwise publish:

 11.1   copyright works

 11.2   commercial audio or video files

 11.3   any material which violates the law of any established jurisdiction

 11.4   links to any of the material specified in this paragraph

 11.5   pornographic material

 11.6   any material promoting discrimination or animosity to any person on grounds of gender, race or colour

 11.7   any material being defamatory or threatening

 

12.    As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.

 

13.    To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

 

Fees

 

14.    Please refer to the Packages page linked on our home page for information relating to fees for the Services. All fees are inclusive of GST.

 

15.    We may change the nature, provision, or fees of the Services at any time. We may tell you about any such change by email or by posting details on this website.

 

16.    Once Service provision has started, you may cancel the Services at any time on giving us 30 clear days notice.

 

Site Access

 

17.    Access to our Service does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

 

18.    You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our Service. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

 

19.    We will do our best to maintain our Service so that you have constant use, but there will be times when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control is not a ground for repayment of money you have paid. When we are aware of the likelihood of down time, we will tell you in advance.

 

Hyperlinks

 

20.    This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

 

21.    You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Intellectual Property Rights

 

22.    The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.We also claim copyright in the designs and compilation of all Content of this website. We will strongly protect those rights in all countries.

 

23.    We will defend the intellectual property rights in connection with our Service, including copyright in the Content whether provided by us or by any other content provider.

 

24.    You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way exploit any of the Content, in whole or in part.

 

25.    Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

 

26.    If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 

27.    If you post any Content on this website, you warrant that you own the copyright in it and you accept all risk and responsibility for it.

 

28.    You represent and warrant that:

 28.1   you own the rights to all of the Content that you post.

 28.2   any fact stated in your Content is accurate.

 

Disclaimers

 

29.    To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

 

30.    We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

 

31.    Whilst we take all due care in providing our services, we give no warranty and make no representation, express or implied, as to:

 31.1   the adequacy or appropriateness of the services for your purpose;

 31.2   the truth of any content on our website published by someone other than us;

 31.3   any implied warranty or condition as to merchantability or fitness of the services for a purpose other than that for which the services are commonly used;

 31.4   compatibility of our website with your equipment, software or telecommunications connection and devices.

 

Limitation of Liability

 

32.    To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Service again or payment of the costs of having those services supplied again.

 

33.    We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

 

Indemnity

 

34.    By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

 

Jurisdiction

 

35.    These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.

 

36.    If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

 

37.    If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy

 

38.    We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

 

39.    Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

 

Miscellaneous provisions

 

40. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

 

41.    Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

 

42.    Nothing in this agreement or on this website shall confer on any third party any benefit or obligation.

 

43.    No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.