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TERMS OF SERVICES MEMOBEE
ACCEPTANCE OF TERMS
Welcome to MEMOBEE Provides the Service (as defined below) to you, subject to the following Terms of Service ("TOS"), which may be updated by us in our sole discretion from time to time without notice to you. You agree that your continued use of the Service after such update will constitute your acceptance of and agreement to be bound by the updated TOS. In addition, when using particular MEMOBEE owned or operated services, you and MEMOBEE shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. In most cases the guidelines and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guideline or rule, the TOS will prevail. MEMOBEE and/or its holding, parent, subsidiary or related companies may also offer other services that are governed by different Terms of Service , in which case the TOS do not apply to such other services if and to the extent expressly excluded by such different Terms of Services.
DESCRIPTION OF SERVICES
MEMOBEE provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed , including but not limited to the World Wide Web, mobile telephone or communications services (such as SMS (Short Message Service)), and/or other Internet or telecommunications services or protocols (such as WAP (Wireless Application Protocol)) .
You also understand and agree that service may include advertisements and that these advertisements are necessary for MEMOBEE to provide the service.
You also understand and agree that the service may include certain communications from MEMOBEE, such as service announcements, administrative messages and the MEMOBEE Newsletter, and that these communications are considered part of MEMOBEE membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current service, including the release of new MEMOBEE properties, shall be subject to the TOS.
You understand and agree that the service is provided "AS-IS" and that MEMOBEE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the service, and that access may involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Unless expressly stated otherwise, no information presented in the service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.
Please be aware that MEMOBEE has created certain areas on the service that are restricted from general viewing and you must fulfill the specified conditions to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Republic Indonesia or other applicable jurisdiction.
You also agree to:
provide true, accurate, current and complete information about yourself as prompted by the service's registration form (the "Registration Data") and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or MEMOBEE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MEMOBEE has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). MEMOBEE is not fully responsible for damages caused by your mistakes/error that not disclosing the real of the information itself. MEMOBEE member are prohibited from providing untrue personal information, or create a MEMOBEE account for someone other than you without the permission of the person.
Special for member of MEMOBEE Community, you will not using your profile for your business purpose (using your update status for advertise) except you already enrolled yourself as members of MEMOBEE Business.
MEMOBEE is concerned about the safety and privacy of all its users, particularly children. However, please remember that the service is designed to appeal to a broad audience. Accordingly, if you are a parent or legal guardian, it is your responsibility to determine whether any of the services and/or Content is appropriate for your child. Similarly, if you are a child, please consult with your parent or legal guardian as to whether any of the services and/or Content is appropriate for you.
Notwithstanding the foregoing, we may provide you with access to some parts of the service without you registering as a user. In that case, your identification is based on other means of identification that we deem appropriate. You agree that such information may be collected and disclosed to us and used in accordance with the TOS.
You provide us non-exclusive right, transferable, sub-licensable, license royalty-free, worldwide to use any content that your IP post or in connection with MEMOBEE (“IP License”). IP license automatically will terminate when you remove the IP content or your account except you have been share the content with other and they have not deleted.
You further agree that providing us with your Registration Data and/or using the service, you expressly request to receive and consent to receiving communications and materials from MEMOBEE from time to time. You understand that through your use of the service you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MEMOBEE and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to:
immediately notify MEMOBEE of any unauthorized use of your password or account or any other breach of security, and
ensure that you exit from your account at the end of each session. MEMOBEE cannot and will not be liable for any loss or damage arising from your failure to comply with this article.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to indemnify and not burden the Management MEMOBEE including administrator and the owner for any claims that occurred due to the content that you publish in MEMOBEE.
MEMOBEE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MEMOBEE or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, subversive, hateful, or racially, ethnically or otherwise objectionable or contrary to public interest, public order or national harmony in all relevant jurisdictions;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a MEMOBEE official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or another person's use of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
- "stalk" or otherwise harass another;
commit any fraudulent or unlawful act, whether in relation to any third party provider of products and services on the Service or otherwise; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You acknowledge that MEMOBEE may or may not pre-screen Content, but that MEMOBEE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, MEMOBEE and its designees shall have the right to remove any Content (whether or not provided by you) that we believed in good faith violates TOS or that has been alleged to infringe any intellectual property or that is otherwise objectionable in our sole opinion, and We will show all the content if required by law or in good faith we believe that we need to maintain or show such content for:
(a) comply with the legal process;
(b) enforce the TOS
(c) respond to your request for customer service; or
(d) protect the rights, property or personal safety of MEMOBEE, its users and the public.
The Material reported that have been violated intellectual property rights or in our opinion, without obligation of payment of compensation to you in any way for any loss or damage arising from such theft. You agree that it must evaluate and bear all risks associated with the use of any content, including the confidence of the accuracy, completeness or usefulness or content that does not. In this regard, you acknowledge that, for any purpose, cannot depend on any content created by or submitted to MEMOBEE, include but not limited to the information in the MEMOBEE and much of the other services
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MEMOBEE and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
We will and currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data transfer fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on Memobee within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Memobee, as well as your name and profile picture.
GENERAL PRACTICES REGARDING USE & STORAGE
You acknowledge that MEMOBEE may, (in its sole discretion), establish general practices and limits concerning use of the Service, including without limitation the manner in which the service is used, , message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MEMOBEE servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MEMOBEE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service. You acknowledge that MEMOBEE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MEMOBEE reserves the right to modify these general practices and limits from time to time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.
DISCLAIMERS & WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. MEMOBEE and Its affiliates, officer, employees, agents, partners, licensors, suppliers and vendors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
You have all legal rights, power and authority to grant a license to MEMOBEE which in this case, you have the rights on the material and content, and that both the material and the implementation of the rights granted in this section will not infringe or will violate the privacy rights or rights of publicity, or a libel or slander against, or in violation of law or other rights of any person or entity.
MEMOBEE and its affiliates, officers, employees, agents, partners, licensors, suppliers and vendors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the service will be accessible at any time or at all times via the channel selected or used by you, (iv) the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from or through the service will meet your expectations; and (v) any errors in the software will be corrected.
In case of using materials on your willingness, your materials will be your responsibility. (In our consideration) we have the right to repair, repair errors or adding the missing materials which not available on the materials.
Any material downloaded or otherwise obtained through the use of the service is accessed at your down discretion and risk, and you will be solely responsible for any damage to your computer system or equipment or loss of data that results from the download and any such material.
All the data & information that you entered or registered in MEMOBEE, MEMOBEE belongs and is entitled to publish any information we have about you in the event of complaints and legal problems caused by the contents and messages you post.
All content published by you as MEMOBEE members and visitors will belong to MEMOBEE and you have agreed to grant to MEMOBEE, to reproduce, use, or give this information to other parties and you give MEMOBEE the rights of non-exclusive, transferable, sub - licensable, royalty free license, all over the world to use the content that you post or in connection with MEMOBEE IP ("IP Licenses").
MEMOBEE will record all IP addresses are recorded for all messages or content that is published.
You will not use MEMOBEE’S copyright or trademark in any form (including MEMOBEE, as well as logos, MB, and other trademarks are, for example) without the prior written permission of MEMOBEE.
You may be legally responsible for the content of the material/content of their submissions, message boards and chat rooms, and can be held accountable if their submission or sessions include, for example, material protected by copyright, trademarks, patents or trade secrets and other property without permission of the author or owner, or insulting comments.
You agree not to transmit through MEMOBEE, without the prior written consent MEMOBEE, materials that contain advertising or solicitation with respect to products or services;
PROTECTING OTHERS PEOPLE’S RIGHT
We respect other people's rights, and expect you to do the same.
You will not post content or take any action on Memobee that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on Memobee if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. You will use “Report Abuse” when someon else violates your intellectual property.
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.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including Memobee, the Memobee and M Logosor MB), or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on Memobee.
You will not tag users or send email invitations to non-users without their consent.
MODIFICATION TO SERVICE
MEMOBEE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that MEMOBEE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. Such changes, modifications, additions or exceptions shall be effective immediately upon notice, which may be given the means, including but not limited to, posting on the MEMOBEE’s home page, or by e-mail, mail or other way that means you get a notification.
You agree that MEMOBEE may, under certain circumstances and without prior notice, immediately terminate your MEMOBEE account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited to:
breaches or violations or purported breaches or violations of the TOS or other incorporated agreements or guidelines,
requests by law enforcement or other government agencies,
a request by you (self-initiated account deletions),
discontinuance or material modification to the Service (or any part thereof),
unexpected technical or security issues or problems,
extended periods of inactivity, and or
engagement by you in fraudulent or illegal activities.
Termination of your MEMOBEE account includes:
removal of access to all offerings within the service,
deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
barring of further use of the Service. Further, you agree that all terminations for cause shall be made in MEMOBEE’s sole discretion and that MEMOBEE shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the service.
DEALING WITH ADVERTISERS
The Service of MEMOBEE may also include access to products and services of independent third parties either directly or via links to sites which operated by such third party advertisers. Your correspondence or business transaction that dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. You agree that MEMOBEE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MEMOBEE’s service.
The service of MEMOBEE may provide, or third parties may provide links to other resources. Because MEMOBEE has no control over such sites and resources, you acknowledge and agree that MEMOBEE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MEMOBEE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
MEMOBEE PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable Intellectual Property and other laws. MEMOBEE contains material/content copyright, trademark and other proprietary information, including but not limited to text, software, photos, videos, graphics, music and sound, and all MEMOBEE content is protected by Intellectual Property of the Republic of Indonesia as the work collective and vice versa. MEMOBEE already has the copyright in selection, coordination, arrangement and improvement of materials/content, as well as original content. You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover or in any way to exploit any of the other interests, property, trademarks, copyrights, or content contained therein at all or in part. Except for material / content has been declared free from copyrighted by MEMOBEE or otherwise expressly exempted from copyright by the Copyright Act No.19 Year 2002.
MEMOBEE may provide you with notices, including those regarding changes to the Terms of Service (TOS), by email, regular mail or postings on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the service, will constitute sufficient and adequate notice to you of the matters contained therein.