General
Article 1 – Definitions

The terms used in these terms and conditions shall have the following meanings assigned to them:

Memorya./we/us: the functionality and services we provide, of which our website www.Memorya.io, related domain extensions and sub domains and all our other media and software that will be developed in the future.

Memorya BV/we/us: the owner and any (legal) persons that have been appointed by the owner to manage the website and apply these terms and conditions.

Visitor/user/you: the (legal) person who uses the facilities of the website in any way

Website: www.Memorya.io and related domain extensions and sub domains that are operated by Memorya BV.

Agreement: the agreement to accommodate and use of the website.

Information: facts and other information about you, including actions taken by users and non-users who interact with Memorya.

Content: anything you or other users post on Memorya. that would not be included in the definition of information.

Data/user data/user’s data: any data including a user’s content or information that you or third parties can retrieve from Memorya.

Terms and conditions: these terms and conditions of use, including the privacy and cookie policy that is published in a separate document.

Article 2 – Applicability

2.1

These terms and conditions contain the rules and conditions on which you are allowed to use the website and its services.

2.2

These terms and conditions are applicable on any one that uses the website.

2.3

You must acquaint yourself with the contents of these terms and conditions, which are published on www.Memorya.io.

2.4

By visiting and/or using the website and/or its services you accept to have read and accepted these terms and conditions.

2.5

We may change these terms and conditions at any time. If you continue using the website afterwards, you confirm to have accepted the changes.

Article 3 – Duration of the agreement

3.1

The agreement between you and Memorya. is concluded for an indefinite period. It continues as long as the services are provided or when the agreement is terminated by Memorya. The agreement may at any time and immediately be terminated.

3.2

You are no longer entitled to have any acces to content that is placed by you for a definite or indefinite period after the agreement is terminated.

Using the website
Article 4 – Privacy
and processing your personal data

4.1

By using or accessing Memorya. you allow us to used all the data and information we collect about you.

4.2

Your data, content en information is stored by Memorya BV. They are treated with the utmost care and security. In accordance to the Dutch law for personal data protection we have registered this data processing at the “College Bescherming Persoonsgegevens”, registration number xxxx.

4.3

Memorya BV can use your data, content and information for analysis and direct marketing purposes. Memorya BV can combine your data with data of other databases that (partly) belong to Memorya BV. We do not share information we receive about you, unless we:

have received your permission;
have given you notice, such as by telling you about it in these terms and conditions or privacy and cookie policy;
have removed your name and any other personally identifying information from it;
have a legal obligation to hand over the information we have about you; or
are involved in a merger, acquisition, bankruptcy, dissolution or similar situation where user information, including personal data are transferred.
4.4

If you want to delete your information from the database of Memorya BV you can delete your memories, memorial pages or your account. You can also request a viewing, correction, deletion, data transfer of your personal data or request for withdrawal of your consent
or object to the processing of your personal data to info@Memorya.io. To ensure that the request for access has been made by you, we ask you to send a copy of your ID with the request.

4.5

Other terms are in the privacy and cookie policy that is separately published on this website. By using Memorya you not only accept the terms and conditions for users but also the relating privacy and cookie policy.

Article 5 – Sharing content and information

5.1

You own all of the content and information you post on Memorya. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free worldwide license to use any IP content that you post on or in connection with Memorya. (IP license). This IP license ends when you delete your IP content or your account unless your contribution has been shared with others, and they have not deleted it.

5.2

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content has been shared may persist in backup copies for a reasonable period of time (but will not be available to others).

5.3

When you publish content or information on a memorial page with the Public setting, it means that you are allowing everyone, including people off of Memorya., to access and use that information, and to associate it with you (i.e. your name and profile picture).

5.4

We always appreciate your feedback or other suggestions about Memorya., but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Article 6 – Safety

We do our best to keep Memorya. safe, but we cannot guarantee it. We need your help to keep Memorya. safe, which includes the following commitments by you:

6.1

You will not post unauthorised commercial communications (such as spam) on Memorya.

6.2

You will not collect users’ content or information, or otherwise access Memorya., using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.

6.3

You will not upload viruses or other malicious code.

6.4

You will not solicit login information or access an account belonging to someone else.

6.5

You will not bully, intimidate, or harass any user.

6.6

You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

6.7

You will not use Memorya. to do anything unlawful, misleading, malicious, or discriminatory.

6.8

You will not do anything that could disable, overburden, or impair the proper working or appearance of Memorya. such as a denial of service attack or interference with page rendering or other Memorya. functionality.

6.9

You will not facilitate or encourage any violations of these terms and conditions.

Article 7 – Registration and account security

Memorya. users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating registering and maintaining the security of your account:

7.1

You will not provide any false personal information on Memorya., or create an account for anyone other than yourself without permission.

7.2

You will not create more than one personal account.

7.3

If we disable your account, you will not create another one without our permission.

7.4

You will not use Memorya. for your own commercial gain.

7.5

You will keep your contact information accurate and up-to-date.

7.6

You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.

7.7

You will not transfer your account (including any memorial page you administer) to anyone without first getting our written permission.

7.8

If you select a username or similar identifier for your account or memorial page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

Article 8 – Protecting other people’s rights

We respect other people’s rights, and expect you to do the same.

8.1

You will not post content or take any action on Memorya. that infringes or violates someone else’s rights or otherwise violates the law.

8.2

We can remove any content of information you post on Memorya. if we believe that it violates these terms and conditions or our policies.

8.3

Notify us if your intellectual property rights are violated. When we receive a valid notice of intellectual property infringement, we promptly remove or disable access to the allegedly infringing content. We also terminate the accounts of repeat infringers in appropriate circumstances.

8.4

If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

8.5

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

8.6

You will not use our copyrights or trademarks (including Memorya. the Memorya.-logo and the R-logo), or any confusingly similar marks, except with our prior written permission.

8.7

If you collect information from users, you will: obtain their consent, make it clear you (and not Memorya.) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

Article 9 – Advertisements and other commercial content served or enhanced by Memorya.

9.1

By using Memorya. you give us permission to use your user data and information. Granting us permission to use your information not only allows us to provide Facebook as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.

9.2

We use the user data and information about you in connection with the services and features we provide to you and other users like our partners, the advertisers that purchase ads on the site and provide sponsored content. We do this in order to measure or understand the effectiveness of ads you and others see, including to deliver relevant ads to you.

9.3

You give us permission to use your user data and information in connection with commercial, sponsored or related content served or enhanced by us, without any compensation to you.

9.4

We do not give your name and other information to advertisers that could personally identify you without your consent.

Disclaimer and copyright of the website
Article 10 – Disclaimer

10.1

Memorya BV is owner and administrator of this website. This website is composed and presented with the utmost care.

10.2

Memorya BV cannot guarantee that the information offered on or through this website components is out dated, incomplete and / or (partially) incorrect. We accept no liability for direct or indirect, punitive, or consequential damages in any way resulting from using this website or the temporarily (in) accessibility of this website.

10.3

Memorya BV accepts no liability for the content provided by others like the users of the website, such as posted text, messages, images and videos or content that is provided by third-parties, for example by advertisers.

10.4

This site contains links to third-party websites. Memorya BV does not have any influence whatsoever on the information of these websites and accept no responsibility for its correctness or the manner in which third parties handle personal information.

10.5

The information offered on or through this website can be changed in content and presentation regularly with immediate effect and without notice.

10.6

Memorya BV may in some cases remove information from this website, or make it (temporarily) inaccessible if there are any possible infringement of third party rights. Memorya BV also has the right to adjust or remove posted text, images or videos.

Article 11 – Copyright

11.1

This website and its source code are intellectual property of Memorya BV and protected by copyright. It is not allowed to reproduce, distribute, publish, transmit, modify, create derivative works from, or otherwise exploit any content, code, data or materials on or available through the web site without the prior written permission of Memorya BV.

11.2

The contents of this website may be downloaded, stored printed and distributed, but solely for personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Any other use of content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Memorya BV, is strictly prohibited.

11.3

Memorya BV remains the right to withdraw the permission to the referred use of information at all times. The user of this information automatically consents to immediately cease use of this information after the withdrawal has been announced by Memorya BV, either in writing or published via its website.

11.4

The user of the referred information consents that by using the information as described above, he implies that each copyright notice or other notices on property will remain part of the various ways in which the information is used or distributed and that these notices will not be removed. Failure to comply with these rules will automatically imply copyright infringement.

Final provisions
Article 12 – Liability

12.1

We shall only be liable for any damage or loss that you incur which directly and solely results from any errors that may be attributed to us and that are eligible for compensation by our insurance company. This shall be subject to the following restrictions:

12.2

Any business loss, loss of income and the like, regardless of its cause, shall not be eligible for compensation.

12.3

We shall never be liable for any indirect damage or loss, including trading losses and consequential loss that is related to, or caused by, an error in the performance of our activities in any way.

12.4

We shall not be liable for any damage or loss that has been, or threatens to be, caused by, and that results from or is connected with, the use of the website, which shall include damage or loss caused by a computer virus(es) or by any inability to consult the website.

12.5

We shall not be responsible for any third party files linked to the website and any third party websites that the website refers to or for the contents of such files and websites.

Article 13 – Indemnification

13.1

You shall indemnify us and hold us harmless against claims brought by third parties (for example because their rights have been infringed on) that might be harmed by the performance of our activities without such harm being caused by us.

13.2

Should any claim be brought against us in such respect, you shall be under the obligation to assist us and to immediately do everything that may be expected from us in such event.

13.3

If you fail to take suitable measures, we shall be authorised to do so ourselves without any further warning.

13.4

All costs and damage or loss caused to us and third parties shall be at your risk and expense.

Article 14 – Governing law

14.1

These terms and conditions for users shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

14.2

Any disputes relating to these terms and conditions will be subject to the (non-)exclusive jurisdiction of the courts of Utrecht.

Last update terms and conditions for users: April 29, 2018.

© 2018 memorya