The web site located at the URL: www.Rememble.com (the 'Web Site') is an online service operated and owned by MakeMode Limited ('Rememble.com') to provide an online environment for exchanging and communicating digital media content.
These terms and conditions apply to any and all use of the Web Site. If you do not accept these Terms you should not use the Web Site.
Rememble.com is principally aiming the Web Site at the UK market and cannot guarantee the information contained within it accords with local laws of any other countries.
Because of the nature of the Internet, it can be difficult to ensure that people are who they say they are. As such, we ask that:
no user uses any name which may mislead other users in any way on the Web Site; and
no user discloses their direct contact details or arranges to meet any other user through their use of the Web Site.
Using the Web Site and Posting Material on User Profiles
One of the key features on the Web Site is the ability of registered users to upload digital media content to the Web Site (“Membles”).
Membles may be uploaded online through the Web Site or through mobile devices which are enabled with General Package Radio System (GPRS) access to Wireless Application Protocol (WAP) services.
You agree not to:
amend any aspect of the Web Site or the technology of Rememble which supports the “Embeddable Media Viewer”);
not to use the Embeddable Media Viewer or the Web Site for any commercial purpose.
You acknowledge that such limitations to the amount of Membles you may make in any period as are communicated through the Web Site shall apply to your account, including, where you subscribe to the Subscription Services or the Further Subscription Services, any limitations related to those services, as described below.
Another key aspect of the Web Site is the ability for registered users to submit comments to appear along with Membles (“Comments”).
By submitting Membles and/or Comments you agree that Rememble.com may modify or adapt such material in order to ensure that it is suitable to appear on the Web Site.
Due to the real-time nature of the Web Site, Rememble.com cannot and is not required to review Membles or Comments, or confirm the validity of information submitted. Rememble.com hereby notifies you that it does not actively monitor the content of Membles or Comments and as such is not responsible for and gives no warranty or representation in relation to them.
Membles and Comments placed on the Web Site by users express the views of the person who posts the material. Any views or opinions contained within any Membles or Comments are not necessarily the views of Rememble.com or any entity associated with it.
While Rememble.com welcomes all Membles and Comments, it expects you to act responsibly in posting your material. In particular, Rememble.com requires that you give the following warranties, undertakings and representations in relation to any and all Membles and Comments:
that you will not use the Web Site for any unlawful purpose whatsoever;
you will only use the Web Site with sincere intent of uploading your own content or content in relation to which you have written consent to upload. You will not knowingly use the Web Site for any other purpose.
that all Membles and Comments are either your own copyright work or that you have the written consent of the owner of any copyright, database right, rights in registered or unregistered designs. Patents, rights in registered or unregistered trade marks, rights in confidential information or any other rights to reproduce or communicate that work to the public through the Web Site.
that you will not knowingly submit material to be posted on the Web Site which infringes the copyright, design right, registered design right, database right, patent, registered or unregistered trade mark or any other right of a similar nature belonging to any legal or natural person;
that the material you submit to be posted on the Web Site does not contain any words which are threatening, sexually orientated, defamatory, obscene, blasphemous or which incite racial or religious hatred. In particular, Rememble.com reserves its right to inform the appropriate authorities if any posting that appears to solicit sexual activity appears on the Web Site;
that the material that you submit to be posted on the Web Site does not advocate or encourage other users to commit any criminal, illegal or unlawful acts.
In making Membles and Comments you agree that you are responsible for their content. You agree to fully indemnify Rememble.com in the event of legal proceedings being brought against Rememble.com, in consequence to it using any Memble or allowing the posting of any Comment. For the avoidance of doubt, the indemnity you give to Rememble.com is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of the warranties you give in the preceding paragraphs.
Rememble.com reserves the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any Comment or Memble posted by you.
Rememble.com may, at its absolute discretion, decline to use the whole or any part of any Memble or Comment.
In the event of a Memble or Comment being a subject of concern to any user or to Rememble.com itself, Rememble.com may, at its absolute discretion, remove it in whole or part from the Web Site. Nothing in this paragraph shall act to:
reduce or extinguish your liability to third parties who suffer loss as a result of viewing the Membles; or
remove or reduce your obligation to indemnify Rememble.com in the event of legal proceedings being brought against Rememble.com, as a result of it using any Membles or Comments.
Rememble.com provides and maintains the Web Site on an 'as is' basis for personal entertainment and communication purposes only. In particular (but without limitation) the Web Site is not a storage medium for your digital content and shall not bear any responsibility for any loss of information caused by any failure of the Web Site. It is a condition of your use of the Web Site that you acknowledge and understand that it is your responsibility to make back up copies of any Membles or Comments you wish to retain for future use.
Subject to the paragraph immediately below, nothing in these Terms shall limit the liability of Rememble.com for death or personal injury caused by information provided by it on the Web Site. For the avoidance of doubt, this clause shall not apply to information which appears on the Web Site that is provided by third parties.
The Web Site operates as a means for users to exchange information and digital media. Such Membles and Comments that appear on the Web Site are provided by third parties. While Rememble.com will endeavour to remove any and all information or material which:
is defamatory, obscene, blasphemous or incites racial or religious hatred;
infringes any intellectual property rights (including copyright, trade marks, design right, registered designs, patents and any similar rights) of any other person or organisation;
advocate or encourage users to commit criminal, illegal or unlawful acts;
causes any damage, loss or personal injury (including death),
Rememble.com cannot and does not give any warranties in connection with such information. To the maximum extent permitted by law, Rememble.com excludes liability for any and all representations, warranties and conditions.
If you find any material that you believe comes into the categories listed in the paragraph above, please notify Rememble.com by email to email@example.com or by using the flagging system communicated to you through the Web Site. In order to raise any such objections you will need to clearly identify the content in relation to which you are complaining so that Rememble.com can easily find it and also give us full details of the basis of your complaint, including such further details as Rememble.com may request. Upon receipt of such an email, Rememble.com shall be entitled to remove such material if it, in its sole discretion, is of the opinion that such material should be removed.
Rememble.com will not be liable for any indirect or consequential loss to you. Your statutory rights as a consumer are available to you.
Rememble.com shall have no liability in respect of any other Web Site or page on the internet accessible from Rememble.com.
Copyright and Trade Marks
The copyright, design right, database right and all other rights of a similar nature in the content provided by Rememble.com on all of the pages in the Web Site are owned by Rememble.com, or licensed to Rememble.com unless otherwise specified, including in the design, layout, text, look and feel and photographs on this site.
The name “Rememble.com” is a trade name and trade mark of Rememble.com.
Copyright works, designs, patent rights, databases and trade marks of Rememble.com may not be used, replicated modified or adapted without the express consent of Rememble.com. In particular you may not use any photographs, articles or other content on the Web Site without our express prior permission and without acknowledging the rights of Rememble.com and naming the Web Site as the source.
Copyright works, designs, patent rights, databases and trade marks of any other user of the Web Site, including any copyright works, designs, patent rights, databases and trade marks in any Membles, may not be used, replicated modified or adapted without the express consent of that user or the owner of those rights.
You may use the Web Site for your private and personal non-commercial use only and Rememble.com grants you a nonexclusive and nontransferable right and licence to download, access and use this site for such subject to these Terms. You may not sublicense or deal in this right without Rememble.com's prior written permission.
All other trade marks are acknowledged and Rememble.com makes no warranty or representation in respect of any other trademark.
Payment and Subscription Services
The Web Site is free to visit and view however in order to upload a greater number of Membles to the Web Site (the 'Subscription Services'), a subscription fee ('the Subscription Fees') must be paid by you.
The amount of further Membles which may be uploaded to the Web Site by users who subscribe to the Subscription Services shall be communicated to you through the Web Site.
Rememble.com may also offer further functionality in relation to the Website from time to time ('Further Subscription Services') in exchange for further subscription fees ('Further Subscription Fees').
The Further Subscription Services and applicable Further Subscription Fees shall be communicated to you through Web Site, and particular Further Subscription Fees may apply to particular Further Subscription Services in isolation as communicated to you through the Web Site.
The Subscription Fees and the Further Subscription Fees are advertised on the Web Site so that you may offer to purchase ('Order') the Subscription Services and the Further Subscription Services through the Web Site.
Payment of the Subscription Fees and the Further Subscription Fees to Rememble.com can be made by credit card etc. The Subscription Fees and Further Subscription Fees shall be as set out and as notified to you on the Web Site. From time to time it may become necessary for Rememble.com to make alterations to the prices and fees. In the event of any change to the prices or fees Rememble.com shall publish these on the Web Site and shall become effective immediately upon publication. If you are not willing to accept any increase in the Subscription Fees or the Further Subscription Fees, you shall remain entitled to cancel the Subscription Services or the Further Subscription Services.
You will not be charged for any Orders that cannot be fulfilled and where appropriate Rememble.com will use all reasonable efforts to re-credit to your account or otherwise refund any sum debited by Rememble.com on request.
All prices are quoted in pounds sterling and include V.A.T and delivery costs.
Orders are subject to these terms and conditions.
Rememble.com does not accept cash, cheque or money order.
Rememble.com may cancel any sale and not supply the Subscription Services if it is reasonable to do so and may change or discontinue the availability of items at any time at its sole discretion.
You may cancel your Order at any time up to the end of the 7th working day after the subscription facilities are made available to you, except if you have accessed, downloaded or used the Subscription Services. Once notified, Rememble.com shall, as soon as possible, re-credit your account with any sum debited by it from your credit card or use reasonable efforts to procure that the charge does not appear on your credit card bill and cancel your subscription from Rememble.com or otherwise refund such sum as is charged on request. Because the Subscription Services are available directly online, you acknowledge that you will lose your right to cancel your Order and to a refund when you begin using the Subscription Services.
Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the maximum extent permitted by law (but subject to your statutory and common law consumer rights).
Rememble.com may change or withdraw any part of the Web Site, or may refuse you access to the web site at any time if we consider it necessary.
Rememble.com may immediately remove, cancel or suspend access to and use of the Web Site.
Rememble.com acts as principal on its own account and not as agent for you or any other person.
In the event that any part of these Terms is held to be unenforceable, such part will at Rememble.com’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
The Terms that appear on the Web Site constitute the full agreement between you and Rememble.com and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Use of Rememble.com and these Terms are subject to the laws of England and the jurisdiction of the English Courts.
All questions, comments or enquiries should be directed by email to firstname.lastname@example.org.
Makemode Ltd is a limited company registered in England and Wales with company number 5109869 whose registered address is at Lynwood House, Crofton Road, Orpington BR6 8QE.