Terms of use

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Memoov Internet web site Terms of Use.
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE AND OUR APPLICATIONS ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND MEMOOV AND GOVERN YOUR ACCESS TO, AND USE OF, THE MEMOOV WEBSITE LOCATED AT MEMOOV.COM TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”) AND OUR APPLICATIONS AVAILABLE THROUGH THIRD PARTY WEBSITES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE OR OUR APPLICATIONS. YOUR USE OF THIS SITE AND/OR OUR APPLICATIONS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MEMOOV MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. MEMOOV CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE AND/OR OUR APPLICATIONS. IF YOU DO NOT CEASE USING THIS SITE AND/OR OUR APPLICATIONS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

This Site provides you with certain limited rights to use Memoov's proprietary online wizard tool (“Tool”). The Tool enables you to create your very own video animations (“Animations”). Memoov also provides you with certain elements such as soundtracks, special effects, characters, props and backgrounds that you may use for your Animations; such elements may be either created by Memoov (the “Memoov Elements”) or may be created by Memoov’s third party licensors and licensed to Memoov (“Branded Elements”). Your Animations may be (a) made from your own Submissions (as defined below) or other users’ Submissions, Memoov Elements and/or Branded Elements, or a combination of all of the foregoing and (b) based on one of Memoov’s animation templates (“Memoov Templates”) or based on an animation that you or other users have created. “Our Applications” are applications that Memoov provides you to use on third party websites to create Animations.

General Use Restrictions.
Certain information, services provided on and through this Site, and the look and feel of this Site, including logos, graphics and images (collectively, the “Materials”) that are not the Tool, the Memoov Elements, the Branded Elements, the Memoov Templates, Animations, the Submissions (as defined below) or Suggestions (as defined below) are made available to you by Memoov and are the copyrighted and/or trademarked work of Memoov or Memoov’s contributors.

Memoov grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services and this Site solely for your personal use and solely to create Animations. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.

Memoov grants you a limited, personal, non-exclusive and non-transferable license to use the Tool and Our Applications to create Animations solely for your personal use and not for any commercial use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Tool or Our Applications in any manner.

Memoov grants you a limited, personal, non-exclusive and non-transferable license to use, reproduce, make derivative works of, publicly perform and publicly display the Memoov Elements, the Branded Elements and the Memoov Templates solely as necessary to create Animations.

These limited licenses terminate automatically, without notice to you, if you breach any of these Terms. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials, to cease use of the Tool, Our Applications, the Memoov Templates, the Branded Elements and the Memoov Elements. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials, the Tool, the Memoov Templates, the Branded Elements or the Memoov Elements. There are no implied rights.

You agree not to distribute any part of or parts of the Website, including but not limited to any User Submissions (as defined below), in any medium without Memoov's prior written authorization;

You agree not to copy, alter or modify any part of the Website or any of the Services (including but not limited to the Memoov animation Tool and its related technologies);

Password Restricted Areas of this Site.
You may need a password to login to this Site to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Memoov if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Memoov of any unauthorized use of your account or any other breach of security in relation to this Site known to you. You may not:

1. use a false name or an email address owned or controlled by another person with the intent to impersonate that person or for any other reason;

2. use as a nickname a name subject to any rights of a person other than Yourself without appropriate authorization; or

3. otherwise submit false or misleading information to Memoov.

Disclaimer of Warranties.
Your use of this Site and/or the services is at your own risk. Neither the Materials, the Tools, Our Applications, the Memoov Templates, the Branded Elements, the Memoov Elements nor the Submissions have been verified or authenticated in whole or in part by Memoov, and they may include inaccuracies or typographical or other errors. Memoov does not warrant the accuracy of timeliness of the Materials, the Tools, Our Applications, the Memoov Templates, the Branded Elements, the Memoov Elements or the Submissions contained on this Site. Memoov has no liability for any errors or omissions in the Materials, the Tools, Our Applications, the Memoov Templates, the Branded Elements, the Memoov Elements or the Submissions, whether provided by Memoov or our licensors.

MEMOOV, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, THE MATERIALS, THE TOOLS, THE MEMOOV TEMPLATES, THE BRANDED ELEMENTS, THE MEMOOV ELEMENTS OR THE SUBMISSIONS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE TOOLS, OUR APPLICATIONS, THE MEMOOV TEMPLATES, THE BRANDED ELEMENTS THE MEMOOV ELEMENTS AND THE SUBMISSIONS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, THE MATERIALS, THE TOOLS, OUR APPLICATIONS, THE MEMOOV TEMPLATES, THE BRANDED ELEMENTS, THE MEMOOV ELEMENTS AND THE SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MEMOOV DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. MEMOOV DOES NOT REPRESENT OR WARRANT THAT YOUR ANIMATIONS WILL BE BACKED UP BY MEMOOV OR THAT YOU WILL ALWAYS BE ABLE TO ACCESS YOUR ANIMATIONS. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN ANIMATIONS.

Limitation of Liability
MEMOOV SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THE TOOLS, OUR APPLICATIONS, THE MEMOOV TEMPLATES, THE BRANDED ELEMENTS, THE MEMOOV ELEMENTS OR THE SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL MEMOOV BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MEMOOV KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Indemnity
You agree to indemnify and hold Memoov (and any employee, officer, director or affiliate of Memoov) harmless (including costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Site, our services, Our Applications, the Tools, Memoov Templates, the Branded Elements and/or Memoov Elements, the violation of these Terms by you, the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity, or for any content posted on the Memoov Site by you (including claims related to defamation, invasion of privacy, or other violation of a person's rights). Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Memoov. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site, our services, Our Applications, the Tools, Memoov Templates, the Branded Elements and/or Memoov Elements .

General
If you violate these Terms, Memoov may terminate and/or suspend your access to this Site and/or Our Applications without notice. Memoov prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Memoov, may result in immediate termination of your access to this Site and/or Our Applications. Memoov has the right to terminate any password-restricted account for any reason. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

These Terms of Service apply to all users of the Memoov Website, including users who are also contributors of animation content and other materials or services on the Website. The Memoov Website may contain links or publish content to third party websites that are not owned or controlled by Memoov. Memoov has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Memoov will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Memoov from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware that when you publish or share content with any other website or leave the Memoov Website, to read the terms and conditions and privacy policy of each other website that you visit or share content with.

The Terms, and your relationship with Memoov under the Terms, shall be governed exclusively by Israeli law. Any claim or dispute between you and Memoov that arises in whole or in part from the Services or from the Terms shall be decided exclusively by the authorized courts of the State of Israel in the District of Tel Aviv-Jaffa. Notwithstanding this, you agree that Memoov shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

User Submissions
As a Memoov account holder you may submit animation resources, animation elements, animation content (“User Videos”) and textual content (“User Comments”) (collectively referred to as "User Submissions"). You understand that whether or not such User Submissions are published, Memoov does not guarantee any confidentiality with respect to any User Submissions.
You retain all of your ownership rights in your User Submissions, but you are required to grant limited license rights to Memoov and other users of the Services. These are described in Rights you license paragraph of these Terms (Rights you license).
You understand and agree that you are solely responsible for your own User Submissions and the consequences of posting or publishing them. Memoov does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Memoov expressly disclaims any and all liability in connection with User Submissions.
You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to use and to enable Memoov to use your User Submissions for the purposes of the provision of the Services by Memoov, and otherwise to use your User Submissions in the manner contemplated by the Website and these Terms.

Content of your User Submissions
You agree that you will not post or upload any User Submissions which contain content which it is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for MeMoov to use or possess in connection with the provision of the Services.
You agree that your User Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have a formal license or permission from the rightful owner of the material
Memoov reserves the right (but shall have no obligation) to decide whether User Submissions comply with the content requirements set out in these Terms and may remove such User Submissions and/or terminate a User's access for uploading any User Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.
You further understand and acknowledge that in using the Website and the Services, you may be exposed to User Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Memoov with respect to any such User Submissions.

Rights you license
When you upload or post a User Submission to Memoov, you grant:
1. to Memoov, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that User Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and Memoov's business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
2. to each user of the Services, a worldwide, non-exclusive, royalty-free, license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted by the functionality of the Website and under these Terms.
3. The above licenses granted by you in User Videos terminate when you remove or delete your User Videos from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in the paragraphs above.