IMEMER

Terms and Conditions

 

1. Purpose

These general terms and conditions are intended to define the terms and conditions under which services described in article 7 are accessible on the website imemer.com (hereunder the “Services” and “the Website”, respectively), as well as to define the rights and duties of the involved parties. These terms and conditions apply without restriction to anyone visiting or using the Website or Services (hereunder referred to as a “User”) and form a binding agreement between Imemer and the User. These terms and conditions are accessible and printable at any time on the Website. They can be completed if necessary by specific conditions for some specific Services, which will complete present terms and conditions and, should an inconsistency arise, prevail over the latter. Imemer may revise and update these terms and conditions from time to time at its sole discretion. All changes are effective immediately when posted , and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised terms and conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Website and Services operator – Contact details

The Website and Services are operated by Imemer

Imemer may be reached as follows:


Email address: adminteam@imemer.com

3. Website and Services access

The Website and Services are accessible:

Users are responsible for the setup of information technology and telecommunication systems enabling them to access the Website. They are responsible for all the telecommunication fees incurred while using Internet and the Website at their expense.

4. Terms and conditions acceptance

4.1 The acceptance by Users of the present terms and conditions comes into force when they validate their subscription by a click, or when they connect to the Services with their identifiers for a third-party website as described in article 5.1. The mere consultation of the Website or use of the Services leads to the acceptance of present terms and conditions, without any restriction or reservation.

4.2 The acceptance of the present terms and conditions can only be in full. Any acceptance with reservation is considered as null and void. A User who does not agree to be bound by the present terms and conditions should not consult the Website or use the Services.

5. Services subscription

The User can subscribe to the Website:



The User shall provide Imemer with any piece of information marked as mandatory, this includes and is not limited to the validation of an email address vital for approved imemer membership. Any incomplete subscription shall not be validated. The subscription automatically leads to the opening of an account under a valid email, provided by, and of the User (hereunder: the “Account”), giving the User access to a Screenscape (hereunder: “Screenscape”), which enables him or her to manage his or her use of the Services in the way and with means considered by Imemer as the most appropriate for them to offer those Services. The User certifies that the information he or she gives in the subscription form or in any complementary information form for Imemer is accurate, updated, sincere and not vitiated by any deceptiveness. The User undertakes to update this information in his or her Account Settings page, in case of a change, so that it always matches the aforementioned specification. The User is informed and accepts that the information filled to create or update his or her Account serves as evidence for his or her identity. The User is bound by this information as soon as it is validated by him or her. The User can access his or her Account at any time by using his or her identifier and password. The User undertakes to use the Services in person and not to allow any third party to use their Account. The User is responsible for keeping his or her identifier and password confidential. He or she shall immediately contact Imemer (details provided in article 2 above) in case he or she notices his or her Account was used without his or her knowing. He or she recognizes that Imemer has the right to take all appropriate measures to secure the Users Account from any use, in such cases.

6. Subscription to charged Services

The User can, if wanted, take out a subscription that allows using charged Services described in article 7.2. This subscription can be taken out either when registering, or any time after that, from the Account Settings. This subscription lasts for the period chosen by the User (hereunder: a “Period”), among the different options the Website offers. Once the Period begins and payment is made, the User cannot ask for any refund of all or part of the charges due for this Period, for any reason whatsoever.

7. Services description

7.1 General description

The Services notably enable the User to:

8. Services duration

8.1 Free Services

The subscription duration for Free Services is undetermined. The User can ask Imemer to unsubscribe at any time, via an email request to the address unsubscribe@imemer.com. The User shall be effectively unsubscribed at most 15 (fifteen) days after this request, which automatically leads to the suppression of the User Account.

The free Services are open to the general public. It is the same account designated,

Username:letmein

Password:letmein

The Free services are a limited offer of the features of imemer. The account is not active, open to all who log, does not allow, Collaboration or uploading of files and is wiped clean periodically, as imemers descretion. The purpose of the Free Services is to allow anyone to create Screenscapes and add/edit/delete Objects.

Imemer reserves the right to rescind the Free Services account, at any time without notice.



8.2 Charged Services

The subscription duration for Charged Services is chosen by the User, and starts as of the subscription moment. It is automatically and implicitly renewed for successive Periods of the same duration as the one initially chosen by the User, unless the User breaks it at most 7 (seven) days before the end of his or her ongoing subscription Period, via an email request to the address unsubscribe@imemer.com. The end of the subscription is then effective at the end of this same Period. Unless the User explicitly requests it in the aforementioned email, the termination of the subscription does not lead to a full unsubscription from all Services and the Account suppression, but only the end of the access to Charged Services, the consequences of which are the following:

9. Charged Services Pricing

9.1 Pricing

The pricing of the different subscription options is available on the Website. Imemer reserves the right, at their sole discretion and in terms that only they can decide, to offer promotions or discounts.

9.2 Prices revision

The Services prices can be revised by Imemer, which undertakes to inform the User of this revision by every useful means 2 (two) months before the new prices come into force. The new prices are applicable as soon as they come into force. If the User does not accept the new prices, he or she should stop using the Charged Services and put an end to his or her subscription under the terms described in article 8.2. The User who uses the Charged Services after the new prices have come into force is deemed to have accepted them.



9.3 Invoicing

Imemer shall issue invoices for each subscription Period, and email them to the User. Imemer invoices, in case they are not settled when issued, are payable in the 15 (fifteen) days following issuance.

9.4 Payment terms

The payment of the subscription price for Charged Services is carried out via an online automated payment, through the secure payment service Paypal, at the beginning of each subscription Period. The User guarantees Imemer that he or she has the required authorizations to pay the Services price under the terms hereby described.

9.5 Payment incidents

Should anything happen during the automated payment planned in article 9.4, the User has 15 (fifteen) days starting as of the invoice issue date to resolve the problem and to settle this invoice by any payment method accepted by Imemer. He or she is informed and explicitly accepts that any delay in the payment of all or a part of an amount related to the Services and fallen due shall automatically lead, without prejudice to the provisions of article 15.2 and without prior notice:

9.6 Account Types

Imemer has three Account Types.



10. Services immediate implementation – No right of cancellation

Due to the immediate implementation of Services, the User has no right of withdrawal.

11. User's obligations

Without prejudice to any other duty hereby provided for, the User undertakes to honor the following duties:

The User is then forbidden from uploading on the Website any File with Content that has one or several of following characteristics (this list is not exhaustive):

The User undertakes to inform Imemer promptly about any complaint, claim or legal action related to the Files he or she has uploaded using the Services. The User also undertakes to answer as soon as possible any information request by Imemer. The User is solely responsible for his or her computer facilities' smooth functioning as well as for the safeguarding of his or her Files, and the User undertakes to safeguard his or her Files. The User is informed and accepts that he or she is solely responsible for the safety of the Files he or she chooses to upload and for the observance of possible rights over these Files. He or she explicitly relieves Imemer of any duty such as surveillance and of any responsibility in this regard. He or she is explicitly referred to article 16.3 in this regard.

12. Prohibited conduct

Without prejudice to the provisions of article 11, it is strictly prohibited to use the Services for any of the following purposes:

13. Sanctions against violations

Should a User violate any of the provisions of these General Terms and Conditions, and particularly articles 11 and 12, or, more generally, contravene any laws and regulations, Imemer reserves the right to:

14. User's guarantee

The User guarantees and indemnifies Imemer against any complaints, claims, actions and/or demands made against Imemer as a result of a violation by the User of any of the provisions of these General Terms and Conditions and, more particularly, articles 11 and 12. He or she undertakes to compensate Imemer for any prejudice or liability that it may suffer and cover all costs, charges, damages, fees and expenses and/or fines that it may incur or have to pay as a result, including legal fees.

15. Modifying and terminating the Services

15.1 At any time

Imemer reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion. The User will be informed of these modifications and/or stoppages by any appropriate means, giving one month's notice.

15.2 In the event of a violation on the User's part (termination)

Should the User fail to comply with these General Terms and Conditions, Imemer reserves the right to terminate his or her access to all or part of the Services, with immediate effect, with or without notice. Termination of the totality of the Services leads automatically and without prior notice to the deletion of the User's Account and the acceleration of all sums owed by the latter, without prejudice to any other consequences, rights and remedies that may arise in application of these General Terms and Conditions.

16. Exclusion of liability and guarantee of Imemer

Imemer undertakes to provide the Services diligently and professionally, it being stipulated that Imemer is subject only to a “reasonable commercial endeavors” obligation, to the exclusion of any obligation to achieve a result, which the User acknowledges and explicitly accepts. Imemer has no knowledge of the Content of Files, and acts only as a hosting service provider in this regard. As a consequence, Imemer may not be held liable for any Content, the authors of which are third parties. Any complaints should be directed in the first place at the author of the Content in question. However, any complaints about Content prejudicial to a third party may be sent to Imemer under the terms set out in article 23, in which case Imemer reserves the right to take the measures described in article 13.

Imemer does not accept any liability:

Imemer will use reasonable efforts to provide appropriate quality of Files displaying in different browsers. However, the User is explicitly informed and accepts that the rendering of a File might differ from one browser to another, depending on their particular technical constraints. Imemer undertakes to carry out regular inspections to check that the Website is operating smoothly and is accessible. In this respect, Imemer reserves the option of momentarily breaking off access to the Website for maintenance reasons. Similarly, Imemer may not be held liable for any momentary difficulties in accessing the Website caused by circumstances beyond its control, force majeure or disruptions to the telecommunications network. Users are informed of the complex nature of worldwide networks and the influx of users of these networks at certain times. Services are provided by Imemer on an “as is” basis with no express or implicit guarantee of any sort. Imemer cannot and does not guarantee, represent or warrant to Users (i) that the Services, which are the subject of regular efforts to improve their performance and progress, will be totally free of errors, defects and faults, (ii) that the Services, being standard and in no way proposed solely to a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.

EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE 16, Imemer EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL USER BE ENTITLED TO RECOVER FROM Imemer ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF SALES, CUSTOMER LOSS, ORDERS LOSS, OPPORTUNITY LOSS, DATA LOSS, MORAL WRONG OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR WEBSITE, EVEN IF Imemer HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, Imemer'S MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE: (A) IF THE USER HAS PAID FEES FOR USE OF THE SERVICES, THE AMOUNT PAID FOR THE PERIOD IN WHICH THE LIABILITY ARISES, AND (B) IF THE USER HAS NOT PAID FEES, THE SUM OF £10. THE LIMITS IN THIS PARAGRAPH WILL APPLY WHETHER THE LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO USER.

17. Subsidiarity

The User acknowledges that the Services offer him an extra, but not alternative, solution for publishing Files and that this solution may not be substituted for other means that the User may have at his or her disposal for achieving the same objective.

18. Intellectual property

18.1 Imemer's intellectual property

The systems, software, structures, infrastructures, source codes, databases and content of all types (text, images, visuals, music, logos, trademarks, etc.) used by Imemer on the Website, and the technology used to offer the Services are owned by Imemer and its licensors and are protected by all copyright, patent and other intellectual property rights in force. Imemer reserves all rights in any such intellectual property. All forms of disassembly, decompiling, decoding, extraction, exporting, re-use, copying and, more generally, all forms of reproduction, representation, circulation, use of all or part of these components without Imemer's authorization are strictly prohibited and may lead to prosecution.

18.2 User's intellectual property

For the purpose of using the Services, the User explicitly authorizes Imemer to use any Content protected by intellectual property rights in accordance with the following arrangements:

Considering the purpose of the services, which allow the User to publish his or her own Files, the above authorization is granted free of charge, and the User expressly renounces any right to ask Imemer for any form of payment, fee, compensation or financial offsetting in this respect. This authorization is granted for the entire world and for as long as the User subscribes to the Services.

19. Personal data

19.1 When the User uses the Site and the Services, Imemer will require the User to provide certain personal data, such as a valid email address that the User has current access to.

19.2 Personal Data collected within the framework of the Services are necessary to implement the Services and are for the sole use of Imemer and Imemer' partners. Imemer can also forward this data to the administrative and legal authorities in order to comply with its legal and regulatory obligations. Imemer is committed to protecting this Personal Data, and will treat it with the strictest confidentiality and the highest level of care. Except as otherwise permitted by these terms and conditions, Personal Data will not be communicated to third parties unless the User expressly gives their agreement to this communication. Imemer may disclose Personal Data to subcontractors and service providers acting on Imemer's behalf, subject to obligations of confidentiality. Imemer reserves the right to disclose any information it collects in connection with the Services, including Personal Data, (a) to any successor to Imemer's business as a result of any merger, acquisition, asset sale or similar transaction, who shall be subject to the restrictions set forth in this Article 19; and (b) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or if in Imemer's reasonable discretion disclosure is necessary to enforce or protect Imemer's legal rights or to protect third parties.

19.3 Imemer may use the Personal Data to contact Users with promotional messages. Any User who does not wish to receive such messages can refuse them when entering their Personal Data, using the checkbox designed for this purpose.

19.4 In accordance with French law N° 78-17 dated January 6, 1978 relating to Computer Processing, Files and Liberties, the User has the right to obtain and, where appropriate, correct or delete information concerning them, by contacting Imemer through any of the channels listed in Article 2. To the extent required by applicable law, Users may, for legitimate reasons, oppose the processing of their Personal Data.

19.5 Imemer uses "cookies" technology, on which the Site's operation is dependent. Consequently, in order to use the Site and the Services, the User must accept these cookies.

19.6 Imemer does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Services are directed at persons under 13. No User may be under 13 years of age. If Imemer learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then Imemer will take the appropriate steps to delete this information.

20. Commercial references

The User explicitly authorizes Imemer to mention him or her and, where relevant, use the reproduction of his or her brand or logo as a commercial reference, particularly at shows or events, in its sales documents and on the Website, under any form.

21. Advertising

Imemer reserves the right to insert advertising or promotional messages of any kind on any page of the Website in a form and under the conditions that Imemer alone sees fit.

22. Links and third-party websites

Imemer may in no circumstances be held liable for the technical availability of websites operated by third parties that are accessed by Users via the Website. Imemer may not be held liable for the content, advertising, products and/or services available on such third-party sites, which are governed by their own conditions of use. Imemer may not be held liable for any transactions that take place between a User and any advertiser, professional or trader to whom the User has been directed via the Website and may in no circumstances be a party to any disputes whatsoever with these third parties concerning, for example, the delivery of the products and/or services, the guarantees, declarations and other obligations of any kind by which the latter are bound.

23. Complaints

A complaint may be made to Imemer concerning any act committed on the Website that may be prejudicial to a third party. This complaint should be sent to Imemer using the contact details set out in article 2.

In accordance with article 6 I 5 of the Act of 21 June 2004, the complaint must include:

Imemer will be free to take all appropriate measures, particularly those referred to in article 13, without any commitment on its part, and/or to pass the complaint on to the competent authorities.

24. Digital Millennium Copyright Act (DMCA) Complaint Procedure

If you are a copyright owner or an agent thereof and believe that any Content infringes upon User's copyrights, you may submit a notification pursuant to the DMCA, 15 U.S.C. § 512, by providing the following information:

(a) Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material, a link to the copyrighted material, or a description thereof;
(b) Identification of the Content claimed to be infringing including the specific location within the Website of the allegedly infringing Content;
(c) User's contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of User's relationship to the copyright owner;
(d) A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and
(e) User's signature.

Imemer will, upon receiving User's notice of copyright infringement, if that notice complies with the foregoing requirements, contact the User who posted the allegedly infringing Content concerning User's notice of infringement, and expeditiously remove the allegedly infringing Content.

By registering to Imemer and accepting our terms and conditions, you expressly agree to and accept the foregoing DMCA complaint procedure, acknowledge its compliance with UK Copyright law, and waive any and all claims against Imemer directly relating to, or arising from, the foregoing DMCA complaint procedure.

If you are a User and material that you have posted to our website has been removed or disabled, you may file a counter-notification. To be effective, the counter-notification must be a written communication sent to the Designated Agent address listed above that includes the following:

(a) User's physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

25. Terms and conditions amendment

Imemer reserves the right to amend the present terms and conditions at any time. Registered Users shall be informed of any terms and conditions amendment by all useful means 2 (two) months before the new terms and conditions are effective. A User who does not accept the amended terms and conditions shall, before they become effective, unsubscribe from the Services according to the terms described in article 8. Users who are not registered on the Website and merely consult it are asked to regularly check the Website for the last effective version of terms and conditions, applicable to them as soon as they are effective. Any User using the Services after new terms and conditions have become effective is deemed to have accepted the changes.

26. Language

Should the present terms and conditions be translated into one or several languages, in case of a contradiction or a contestation on the meaning of a term or a clause, the prevailing interpretation language shall be: (a) for Users resident in the European Union or Quebec, French; and (b) for Users in any other jurisdiction, English.

27. Applicable law and jurisdiction

For Users resident in the European Union:

The present terms and conditions are governed by French law. Should a dispute arise about the validity, the interpretation, performance or non-performance and/or the enforcement of the present terms and conditions, or otherwise about the Services or the Website, the parties agree that the only courts of competent jurisdiction shall be those of Paris, France, unless imperative procedure rules state otherwise.

For Users resident in the United States and other jurisdictions:

These terms and conditions are governed by the laws of the State of New York, as applicable to contracts entered into and fully performed in the State of New York.

All disputes arising out of or relating to these terms and conditions, the Website or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. (For information on the AAA and its rules, see www.adr.org.) The arbitration shall be conducted in North London, United Kingdom, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of Delaware without reference to principles of conflicts of laws. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, a User may at his or her option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. Imemer does not hereby waive any defense that such jurisdiction may be lacking in the User's jurisdiction. Without derogation of the parties' obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or local magistrates courts sitting in North London, United Kingdom, except that, following confirmation of an arbitration award in a state or local magistrates court in North London, United Kingdom, a judgment arising therefrom may be executed in any court of competent jurisdiction.

28. Miscellaneous

These terms and conditions represent the entire agreement between Imemer and the User with respect to the provision of the Services and use of the Website, and all prior representations and understandings, whether written or oral, are excluded. No delay or omission by Imemer in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of these terms and conditions will impair any such right or be construed to be a waiver thereof, and a waiver by Imemer of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained. As used in these terms and conditions, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with which Imemer has a sponsorship or similar contractual arrangement. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these terms and conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. User's registration, these terms and conditions and User's rights and obligations hereunder are not assignable or transferable by User to any third party without the prior written consent of Imemer. Imemer may assign these terms and conditions to any purchaser of the Imemer business. User agrees that the electronic text of these terms and conditions constitutes a writing and User assents to the terms and conditions hereof constitutes a “signing” for all purposes.

29. Entry into force

The present terms and conditions came into force on February 9th 2017

privacy
© 2017 imemer. All rights reserved.