Terms of Use
Last Updated: 08 May 2020


1. Agreement


1.1 These Terms of Use ("Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Adsvido Limited, a company organized under the laws of Hong Kong, with its registration address at Rm 7B, One Capital Place, 18 Luard Road, Wan Chai, Hong Kong and its company number 2788543 ("we", "us", "Memeland"), concerning your access to and use of the Memeland website and/or its mobile applications ("Services", "Site").

1.2 You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by this Agreement.

1.3 If you do not agree with this Agreement, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of this Agreement for future reference.

1.5 The Site is intended for users who are either above the age of majority in your nation, state, province, territory, or city or the age of eighteen (18) and older, whichever is greater. If you are under the age of 18, you are not permitted to register an Account at the Services or otherwise use the Services without parental permission. If you are under the age of 13, you are expressly prohibited from using the Services.

1.6 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data that may be provided by you is accurate.


BY INSTALLING THE MEMELAND APP OR OTHERWISE ACCESSING OR USING ANY PORTION OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE ANY PORTION OF THE SERVICES.

YOU WARRANT THAT YOU ARE OF SOUND MIND, HAVE THE CAPACITY TO CONTRACT, AND AGREE TO THIS AGREEMENT CONTAINED WITHIN THIS AGREEMENT. IF YOU ARE USING THE SERVICES ON BEHALF OF A BUSINESS ENTITY OR THIRD PARTY, YOU WARRANT THAT YOU HAVE ACTUAL AUTHORITY TO ACT AS AN AGENT OF THAT BUSINESS ENTITY AND THIRD PARTY AND HAVE THE RIGHT AND ABILITY TO AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF THAT THIRD PARTY OR BUSINESS ENTITY.


2. Definitions


2.1 The "Content" refers to the content on the Memeland Services, including, but not limited to, the text, software, scripts, graphics, photos, mobile application, sounds, music, pictures, interactive features and the like. The "Content" does not include User Engagement, which is defined below.

2.2 "User" means a Memeland Services Account holder or a user of the Memeland Services.

2.3 "User Engagement" refer to content (e.g., images, photographs, graphics, GIF, audio and video files, text, files, information, sounds, musical works, works of authorship, applications, links, and other communications, content, or materials, along with any text associated with the content) and/or comments submitted, posted, or displayed by Users.


3. Services


3.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

3.2 Memeland may provide Users with the ability to upload or transmit content to or through the Services, including, but not limited to, User Engagement. Memeland provides you with a limited, non-exclusive, non-sublicensable, non-assignable, and revocable license to use the Services for their customary and intended purposes. Use of the Services for a use outside of their customary and intended purposes or in violation of the terms of this Agreement will result in the immediate termination of this license. This license is revocable at any time, and any rights not expressly granted herein are reserved to Memeland.

3.3 While you may always browse any public-facing portions of the Services without registering account, in order to enjoy the full benefits of the Services, you must register an account with Memeland ("Account"). You may also register and log into the Services using credentials from a supported external service, such as Facebook, Apple ID or Google. When you register for an Account, you must provide us with some information about yourself such as your name and email address. You may not select or use as an Account username that is: (i) a name of another person with the intent to impersonate that person; or (ii) a name subject to any rights of any person, entity, or organization other than yourself without appropriate authorization. If you create an Account by using using credentials from a supported external service, such as Facebook, Apple ID or Google, you expressly warrant and agree that you are of the age a majority under the laws of your country and that you are authorized by law or parental consent to create an Account or otherwise use the Services. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Memeland immediately at support@memeland.co if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Memeland will not be liable for any loss or damage (whether direct or indirect) arising from unauthorized use of your credentials prior to you notifying Memeland of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access supported external service, such as Facebook, Apple ID or Google.

3.4 When creating an Account, you will provide true, accurate, current, and complete information as Memeland requests. You will update such information promptly, and as necessary to keep it current and accurate. Memeland reserves the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Memeland in its sole discretion, and may, with or without prior notice and without liability to you, suspend or terminate your Account if activities occur on your Account that, in Memeland's sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Services, infringe or violate any third party rights, damage or bring into disrepute the reputation of Memeland, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Memeland may terminate your Account immediately without notice to you and without any liability to you or any third party.

3.5 When you submit User Engagement to the Services, you grant Memeland a non-exclusive, irrevocable, worldwide, fully-paid, royalty-free and perpetual license to use your User Engagement for the customary and intended purposes of the Services. These purposes may include providing you or third parties with the Services, backing up or archiving the Services, and selling or transferring the Services to a third party. In submitting User Engagement to the Services, you agree to waive all moral rights in or to your User Engagement across the world, whether you have or have not asserted moral rights. You also agree to waive all rights of publicity or privacy in or to your User Engagement. Also, if you choose to provide Memeland with input or suggestions regarding problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant to Memeland a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution or fees due to you.

3.6 You understand that when using the Memeland Services, you will be exposed to User Engagement from a variety of sources. By accessing and using the Services, you acknowledge and agree that you may be exposed to User Engagement that are inaccurate, offensive, indecent, or contain Objectionable Content, either via an Account or without it, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Memeland with respect thereto to the fullest extent permitted by law.


3.7 You further acknowledge and agree that Memeland may generate revenues (including, by way of example and not limitation, through the sale of advertising and sponsorships, and the sublicensing of your User Engagement), increase goodwill or otherwise increase the value of Memeland from your use of the Services, and you will have no right to share in any such revenues, goodwill or value whatsoever. The Services may contain links to third party websites that are not owned or controlled by Memeland. Memeland has no control over, and assumes no responsibility for, the content, services, privacy policies, terms of use, or practices of any third-party websites. Additionally, Memeland will not and cannot censor or edit the content of any third-party site. You further agree that you are responsible for all data or roaming charges you incur through use of the Services.

3.8 In addition to other rights You are granted under this Agreement You reserve the right to:

  • access User Engagement solely for your information and non-commercial, personal use or as otherwise intended through the normal functionality of the Memeland Services (Memeland permits you to link to materials on the Memeland Services for personal, non-commercial purposes only);

  • review and post User Engagement on the Memeland Services in compliance with this Agreement;

  • use the Memeland Services at your own risk;

  • browse any public-facing portions of the Services without registering account;

  • register an account at Memeland Services in compliance with this Agreement.

3.9 You are prohibited to:

  • crawl, scrap, cache or otherwise access any Content or User Engagement on the Memeland Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with Memeland's express consent;

  • circumvent, disable or otherwise interfere with security related features of the Memeland Services or features that prevent or restrict use or copying of any Content and User Engagement or enforce limitations on use of the Memeland Services and the Content and User Engagement therein;

  • engage in any activity that interferes with or disrupts the Memeland Services (or the servers and networks which are connected to the Memeland Services), including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature;

  • inject content or code or otherwise alter or interfere with the way any part of the Memeland Services is rendered or displayed in a User's browser or device;

  • change, alter or modify any part of the Memeland Services for any reason;

  • use or launch any type of automated system, including but not limited to, "robots," "spiders," or "offline readers," that accesses the Memeland Services in a manner that sends more request messages to Memeland's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

  • access (or attempt to access) any of the Memeland Services, including Content and User Engagement, by any means other than through the interfaces that are provided by Memeland;

  • use the Memeland Services for any commercial purpose or use, either direct or indirect, without the prior written authorization of Memeland;

  • post any User Engagement that is or could be interpreted to be, as Memeland may determine in its sole discretion, (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence ((i) and (ii) collectively, "Objectionable Content").

  • use the Services for illegal or unlawful purposes;

  • post any User Engagement if you are not the owner of or are not fully authorized to grant rights in all of the elements of the User Engagement you intend to post;

  • distribute in any medium any part of the Memeland Services without prior written authorization from Memeland;

  • solicit, for commercial purposes, spam, or send harassing communications to any Users;

  • collect or harvest any personal information from the Memeland Services;

  • offer to sell or buy any product or service, and you must not post advertisements or solicitations of business;

  • attempt to restrict another User from using or enjoying the Memeland Services;

  • encourage or facilitate violations of this Agreement or any other Memeland terms;

  • use, copy, or distribute, either directly or indirectly, any of the Content other than that which is expressly permitted herein, including any use, copying, or distribution of User Engagement of third parties obtained through the Memeland Services for any commercial purposes;

  • use, copy, reproduce, display, sell, license, download, distribut, transmit, broadcast, or otherwise exploit any User Engagement in any manner not intended by the normal functionality of the Memeland Services or otherwise as expressly authorized under this Agreement;

  • select or use as an Account username that is: (i) a name of another person with the intent to impersonate that person; or (ii) a name subject to any rights of any person, entity, or organization other than yourself without appropriate authorization.

Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.

3.10 You are solely responsible for:

  • your interactions with other Users of the Memeland Services, whether online or offline;

  • your own User Engagement and the consequences of posting or publishing User Engagement;

  • your actions within Memeland Services, including the responsibility to comply with this Agreement;

  • checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you;

  • compliance with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of the Memeland Services and your User Engagement, including, but not limited to, copyright laws and export laws;

  • configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

3.11 You represent and warrant that:

  • you own the User Engagement posted by you or otherwise have all rights necessary to grant the license set forth in this Agreement;

  • the posting and use of your User Engagement does not violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including, but not limited to, the rights of any person visible in any of your User Engagement;

  • the posting of your User Engagement will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;

  • the posting of your User Engagement does not result in a breach of contract between you and a third party;

  • your User Engagement is relevant and "on topic" to the particular item of User Engagement open for comments or submissions;

  • you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Engagement;

  • your User Comments shall adhere to this Agreement, any additional applicable terms of the mobile application store or marketplace where you have downloaded such Memeland Services, and, to the extent applicable, foreign, national, state, or local laws;

  • you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Memeland Services and this Agreement;

  • you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Memeland Services and this Agreement;

  • the posting and use of your User Engagement on or through the Memeland Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;

  • you pay for all royalties, fees, and any other monies owed by reason of your User Engagement that you post on or through the Memeland Services, if applicable.

3.12 Memeland expressly disclaims and is not responsible or liable for:

  • the conduct of any User;

  • any use or misuse of User Engagement by any User or any third party sublicensee, whether arising from a breach of this Agreement or any other agreement entered into between a User or a third party and Memeland;

  • content posted within the service, including, but not limited to, User Engagement;

  • for User Comments and other information posted in the comments;

  • any confidentiality violations with respect to any User Engagement;

  • any opinion, recommendation, or advice expressed by you therein, and Memeland expressly disclaims any and all liability in connection with User Engagement;

  • the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Engagement;

  • third-party content, syndicated content, services, advertisements, and/or links that may be contained on the Services;

  • occasions when the Memeland Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment;

  • any modification, suspension, or discontinuation of the Memeland Services, or the loss of any Content or User Engagement;

3.13 In addition to other rights Memeland granted under this Agreement, Memeland also reserves the right to:

  • provide Users with the ability to upload or transmit content to or through the Services, including, but not limited to, User Engagement;

  • monitor or become involved in disputes between you and other Users;

  • remove, edit, block, and/or monitor any Content and/or User Engagement from the Memeland Services for any reason, without prior notice, including in the events of User Engagement or Accounts containing User Engagement that Memeland determines in its sole discretion violates this Agreement (please consider that Content and/or User Engagement removed from the Memeland Services may continue to be stored by Memeland, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order);

  • discontinue any aspect of the Memeland Services, either specifically to you or generally, at any time;

  • terminate a User's access to the Memeland Services at any time, for any reason;

  • seek any other available legal remedy;

  • permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions;

  • remove all Content and User Engagement if properly notified that such Content or User Engagement infringes on another's intellectual property rights;

  • terminate a User's access to the Memeland Services, if they are determined to be a repeat infringer;

  • determine in its sole discretion whether Content or User Engagement is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or Objectionable Content, or excessive length;

  • provide you with the ability to share your geographical location with Memeland and other users of the Memeland Services when using the Memeland Services.

3.14 Furthermore, Memeland reserves the right to refuse access to the Memeland Services to anyone for any reason at any time. For the avoidance of any doubt, Memeland does not pre-screen any User Engagement, but reserves the right to remove, disallow, block or delete any User Engagement in its sole discretion. Without limiting the preceding sentences, Memeland also has the right – but not the obligation – to take remedial action in connection with any Objectionable Content posted to the Services. Memeland provides you with the opportunity to opt-in and opt-out of sharing your geographical location within the settings of your mobile device and/or web browser, which may provide you with several options for the sharing of your geographical location, such as options to share your geographical location at all times, only when using the Memeland Services, or never. Should you wish to cease the sharing and use of your geographic location by Memeland, you are advised to disable location services within the settings of your mobile device and/or web browser.


4. Link to third party content


4.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

4.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.


5. DMCA Policy


5.1 We respect the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Site.

5.2 If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to us at the email legal@adtraction.live. Upon receipt of Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

5.3 DMCA Notice of Alleged Infringement ("Notice")

  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

  • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

  • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

  • Include both of the following statements in the body of the Notice:

  • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

  • Provide your full legal name and your electronic or physical signature.

  • Deliver the Notice, with all items completed to us at legal@memeland.co.


6. Site/Services Management


6.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of this Agreement; (2) take appropriate legal action against anyone in breach of applicable laws or this Agreement; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

6.3 The Content and Memeland intellectual property, including, but not limited to, the Memeland trademarks, trade names, and logos, on the Memeland Services, except all User Engagement, are owned by or licensed to Memeland, subject to copyright and other intellectual property rights. Content on the Memeland Services may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Memeland reserves all rights that are not expressly granted in and to the Memeland Services and the Content. If you download or print a copy of the Content and/or User Engagement for personal use, you must retain all copyright and other proprietary notices contained therein.


7. Modifications to and availability of the Site


7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.


8. Disclaimer/Limitation of Liability


8.1 THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICES WILL BE AT YOUR SOLE RISK EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. ALL WARRANTIES, TERMS, CONDITIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED (INCLUDING BY STATUTE, CUSTOM OR USAGE, A COURSE OF DEALING, OR COMMON LAW) IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ARE NOT LIABLE FOR ANY (1) ERRORS OR OMISSIONS IN CONTENT: (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR SERVER; (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; AND/OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER THIS AGREEMENT IF SUCH DELAY OR FAILURE IS CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE DISCLAIMER/LIMITATION OF LIABILITY SECTION, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A TOTAL AGGREGATE AMOUNT EQUAL TO THE SUM OF £500.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:

● USE OF, OR INABILITY TO USE, OUR SITE/SERVICES; OR

● USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.

IN PARTICULAR, WE WILL NOT BE LIABLE FOR:

● LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;

● BUSINESS INTERRUPTION;

● LOSS OF ANTICIPATED SAVINGS;

● LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR

● ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE.


9. Indemnification


You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Site or Services; (ii) your violation and/or breach of any term of this Agreement; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site or Services (including your violation of any third party rights). YOU AND MEMELAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEMELAND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


10. Term and Termination


10.1 This Agreement shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by not using the Site or Services provided herein.

10.2 Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in this Agreement or of any applicable law or regulation.

10.3 If we determine, in our sole discretion, that your use of the Site/Services is in breach of this Agreement or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information posted at any time, without warning, in our sole discretion.


11. General


11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

11.2 This Agreement together with our Code of Conduct and Privacy Policy posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

11.3 Sections and all defined terms used therein that are intended to survive the termination of this Agreement will survive the termination of this Agreement indefinitely.

11.3 Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

11.4 We may assign any or all of our rights and obligations to others at any time.

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

11.6 If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this Agreement or use of the Site or Services.

11.8 This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

11.9 Except as stated under the Application section, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at legal@memeland.co.