Memoriter Terms of Use

Last Updated: March 16, 2023

The Memoriter website is a copyrighted work belonging to Memoriter LLC ("Company," "we," "us," or "our"). Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features.

All such additional terms, guidelines, and rules between us and you and any organisation or entity you represent (collectively, "you") are incorporated by reference into these terms.

These terms of use described the legally binding terms and conditions that oversee your use of the site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

TL;DR

• Do not use our services to do illegal stuff or other bad things.
• As an open source project, Memoriter is licensed under the GNU General Public License v3.0.
• Some content of our services is intellectual property of third parties and might be licensed under different terms and conditions.
• Enjoy Memoriter!

Access to Our Services

Memoriter LLC reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Memoriter LLC will not be held liable to you or any third party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Memoriter LLC will have no obligation to provide you with any support in connection with our services.

To ensure safety and availability od our services for all users please use our services in a lawful way. When using our services and website, you need to comply with the following rules:

• You must not attempt to gain unlawful access to our services.
• You must not attack our website via any kind of volumetric attack, or attempt to exploit any bugs, weaknesses and vulnerabilities present in our website.
• You must not misuse the site by introducing harmful materials, programs or code designed to negatively affect the operation of our services.

These particular rules might also be against the law, and you may be committing a criminal offence by engaging in these activities.

User Content

You are exclusively responsible for the content you post on Memoriter. You bear all risks associated with use of your user Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your personal user content is in any way provided, sponsored or endorsed by Memoriter LLC. Because you alone are responsible for your user Content, you may expose yourself to liability. Memoriter LLC is not obliged to backup any user content that you post. In addition your user content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You agree not to use the Site to collect, upload, transmit, display, or distribute any content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through our services any software intended to damage or alter a computer system or data; (ii) send through our services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use our services to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to our services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to our services, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of our services; or (vi) use software or automated agents or scripts to produce multiple accounts on our services, or to generate automated searches, requests, or queries to our services.

If you provide Memoriter LLC with any feedback or suggestions regarding the Site, you hereby assign to Memoriter LLC all rights in such Feedback and agree that Memoriter LLC shall have the right to use and fully use such Feedback and related information in any manner it believes appropriate. Memoriter LLC will treat any feedback you provide to Memoriter LLC as non-confidential and non-proprietary.

Privacy

You can learn more about how we protect user data under the following link: https://memoriter.de/privacy.

Disclaimers

The site is provided on an "as-is" and "as available" basis, and Memoriter LLC expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We do not make guarantees that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall Memoriter LLC or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if Memoriter LLC has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

External links or Third Party Providers

To make full use of our website and services, you may need to follow a link of a third party domain. You may also need to register with or make an account with a third party (for example, making an account at GitHub). We are not responsible for any content or material posted on those external websites or services, and are not responsible for the accuracy or correct labelling of links.

They naturally will have their own privacy policies and terms of services we assume you are familiar with and agreed to, if you take part in our communities or services outside of this domain.

Likewise, we are not responsible for any issues directly or indirectly arising out of their oversight, irresponsibility, negligence or which occur via a third party’s website or service. We have no power over these third parties and so cannot be held liable for problems relating to or happening on those sites.

Indemnification

You agree to defend, indemnify and hold harmless Memoriter, our contributors, licensors, and partners; and the respective directors, officers, employees and agents of the aforementioned (“indemnified parties”), from and against any and all third party claims and expenses, including legal or attorney fees, arising out of or related to your use of our website and services (including, but not limited to, from your content submissions or from your violation of any of these terms).

Disputes and Jurisdiction

In the event of any dispute, in the first instance you will seek to settle this with us informally by contacting us via [email protected].

If we’re unable to informally come to a solution, you agree we will go through arbitration at a place of our choosing. In any event, you’ll need to give us written notice otherwise we won’t be able to help you.

These terms represent an agreement between you and us. If any provision of these terms are held to be invalid or unenforceable, you agree that provision will be limited to the minimum enforcement possible, and the remaining terms held with full effect.

Licenses

Various parts of our services use different licenses. Anyone intending to use or replicate the website and services should do their own research and due diligence into the various licenses used to ensure they are suitable for an intended purpose.

The majority of Memoriter is licensed under the GNU General Public License as published by the Free Software Foundation; either version 3 of the License, or (at your option) any later version. Memoriter is distributed in the hope that it will be useful, but without any warranty, without even the implied warranty of merchantability or fitness for a particular purpose. See the GNU General Public License 3.0 for more details.

You can find more information of the licenses of specific third party content licensed by Memoriter LLC here:

• All fonts are licensed under the SIL Open Font License, Version 1.1
• The Twitter emoji graphics ("Twemoji") are licensed under CC-BY 4.0.
• The Material Symbols by Google are licensed under the Apache License, Version 2.0.
• Software libraries, frameworks and similar third party technologies used for the development of Memoriter are licensed under the MIT License or similar open source licenses. The specific license texts can be found alongside the source code files of the corresponding technologies used by Memoriter.

Contact Information

• Memoriter LLC
• Business ID: 1372720
• Rudolf-Breitscheid-Straße 160c
• 14482 Potsdam, Germany
• Email: [email protected]

Changes to these Terms and Conditions

We may update these terms of use from time to time. The updated version will be indicated by an updated date and the updated version will be effective as soon as it is accessible. If we make material changes to this terms of use, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this terms of use frequently.