Terms & Conditions
- Rights granted to us: You grant to MEMFIES the exclusive, unlimited right to use, refrain from using, edit, transform, modify, add to, subtract from and rearrange the Content and to exhibit, distribute, broadcast, reproduce, advertise, promote, publish, license others to do any of those and otherwise exploit the Content by any and all methods or means, whether now known or hereafter devised, in any manner and in any and all media throughout the world, in perpetuity, for any purpose whatsoever as MEMFIES in its sole discretion may determine (the “Licensed Rights”), including for the purpose of marketing, advertising, and promotion.
- You represent and warrant to us that:
- is owned by you and only you;
- is your own original work, not co-created and not copied wholly or substantially from any other source;
- does not infringe or interfere with any rights of third parties, including but not limited to copyrights, moral rights, performers’ rights, publicity or personality rights, data protection or privacy rights, trade marks and goodwill;
- is not defamatory and do not misuse any private or confidential information of any person or entity;
- comply and will continue to comply with all of the YouTube and/or other applicable third party terms and conditions in effect, from time to time; and
- will not render you or us in breach of any criminal or civil law or applicable regulation, including (but not limited to) improper obtaining, processing or disclosure of data, obscenity, incitement of violence or racial or religious hatred, contempt of court, surveillance, harassment or trespass.
- Termination: You may request the termination of your agreement to these Terms and we shall not unreasonably withhold our consent to such termination. No termination shall impact any prior license of the Content by MEMFIES prior to termination, which shall continue in full effect under these Terms.
- Indemnity. YOU AGREE TO INDEMNIFY US IN FULL FOR ALL LOSSES, COMPENSATION, COSTS, EXPENSES AND FINANCIAL PAYOUTS INCURRED OR SUFFERED BY US AS A RESULT OF YOUR BREACH OF THESE CONFIRMATIONS AND WARRANTIES AND/OR ANY OF THE TERMS OF THIS AGREEMENT.
- Publicity/Confidentiality. You understand and acknowledge that MEMFIES may make information available to you and all such information and communication shall be deemed to be “Confidential Information”. For the purposes of these Terms “Confidential Information” includes, but is not limited to: all information about our organisation, affairs, plans, technology, proposals, the Licensed Rights, any communication to you in relation to these Terms, the Licensed Rights or monetisation of your Content, any fees or commissions, any information about sales of your Content or any other information which either you or we ought reasonably regard as confidential or which is marked confidential. You understand that by submitting your Content to us, you indicate creates a relationship of confidence and trust between you and MEMFIES with respect to Confidential Information.
- General. You acknowledge and warrant that your agreement to these Terms has not been induced by any representation or assurance not contained herein, and that you have read and agree to our Website and App Terms of Use and Privacy Policy, which are incorporated by reference and are available here:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website are covered by a single notification, a representative list of such works on this website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Obtain and process information fairly.
- Keep it only for one or more specified, explicit and lawful purposes.
- Use and disclose it only in ways compatible with these purposes.
- Keep it safe and secure.
- Keep it accurate, complete and up-to-date.
- Ensure that it is adequate, relevant and not excessive.
- Retain it for no longer than is necessary for the purpose or purposes.
- Give a copy of his/her personal data to that individual, on request.
- Introduction
- Information we may collect from you
- information (such as your name, email address, social media details, postal address and telephone number) that you provide by completing forms on the Site or otherwise in connection with the Services including if you register as a subscriber or contributor to any service, upload or submit any material via the Site, request any information, or enter into any competition or promotion we may sponsor;
- in connection with an account sign-in facility, your log-in and password details;
- details of any transactions made by you through the Services;
- communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site, its content or the Services; and
- information from surveys that we may, from time to time, run on the Site or as part of the Services for research purposes, if you choose to respond to, or participate in, them. You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
- Information you provide about third parties
- Information Obtained by Automated Means Through Our Services
- Cookies
- Uses made of your information
- deliver you the Services and information offered through the Site/App or via the Services and which you request, including monitoring your use of the Site to assess your use preferences and/or to otherwise improve your user experience;
- administer your account with us;
- audit the downloading of data from the Site;
- improve the layout and/or content of the pages of the Site and customize them for users;
- identify visitors to the Site;
- carry out research on our users’ demographics and tracking of sales data;
- de-identify Personal Data to provide third parties with aggregated data reports showing de-identified information;
- supplement your personal information collected from you with additional information from publicly and commercially available sources, and/or information from Company affiliates and our business partners;
- perform data analytics;
- allow us and our partners to contact you directly to carry out verification or other checks (for example, regarding future uses) with respect to the content you provide to us; and
- comply with and enforce applicable legal requirements, including without limitation court orders and regulations, relevant industry standards, contractual obligations and our policies.
- Information sharing
- Child safety
- External links
- Security and Retention of Personal Data
- Transfer and Storage of your information
- Your rights and choices
- Contacting us
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