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Terms and Conditions
Last updated: 8th Jan 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.memory.com website (the “Service”) operated by Memory.com (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
Availability, Errors and Inaccuracies
Memory is a self-service platform with user generated content. Courses are created by users, and Memory makes no effort to ensure they are of high quality or accurate. They may be described inaccurately, or unavailable, and we may experience delays in updating any requests to modify information. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including text content, product images, names of course or their descriptions. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions in courses at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.
MEMORY.com is a product under rapid development. No guarantees are offered towards stability or availability. Whilst we typically have less than 0.01% down time, we cannot guarantee against outages at any give time.
In the unlikely event that MEMORY.com close unexpectedly without notice, we can no longer offer website availability. In this circumstance, we will make every effort to ensure you can export all of your content.
Results are not guaranteed
At various stages, Memory makes claims about the quality of its service. These are judged by studies on the methodology used by Memory and user feedback. Whilst the results stated are often typical of spaced repetition learning methods, results are not guaranteed and your own results may vary. Memory offers no warranty against you using the service and not achieving results as expected. All claims about results or learning speed are indicative only.
Memory offers a test/exam mode for many courses automatically. Exams on Memory are dynamically generated and may not be of comparable difficulty to the exam you are participating in. For this reason, Memory offers no indication that by being successful in this mode you will also be successful when using your chosen subject.
Our Service allows you to create, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You may set your course to privacy mode at any time if you do not wish others to view your content.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. If your course is set to public mode, content should not be plagiarised from copyrighted material, and we reserve the right to remove any offending content. Note that public mode is the default setting and this must be updated by editing your course settings if you wish to make it private.
Memory gets thousands of new questions entered into our public system per day from users - and from time to time receives offensive content. We use automated tools to try go detect offensive content, and when it is detected it is removed. Courses with inappropriate content will be flagged and set as private to their creator, or if found to be extremely inappropriate they will be removed. Automated tools are not infallible and you may notice content that you find offensive on the site. In this case, please report it using either the feedback, contact us buttons, or email firstname.lastname@example.org. Please note there may be a delay of up to 2 weeks whilst this is reviewed.
Abusive terminology, messages of hate and pornography are unacceptable and will be manually removed if not automatically detected. We expect users to respect the fact that Memory is freely available for all audiences. We reserve the right to delete and remove the content of users who disobey this rule on purpose.
User generated content may not always be traceable if the user created it whilst is in guest mode.
Memory.com offers the functionality for users to mark their course as unlisted. We do our best to ensure that web robots such as Google do not index or store a link to the course in their search engines, but we offer no warranty against this.
Memory.com offers the functionality for users to password protect their courses. Whilst we do our best to ensure the security of this, we cannot guarantee that other users will not find a way to circumvent the password system. Therefore no warranty is offered against any usage of this functionality. You can change the password to your course at any time.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard. We reserve the right to alter any user names which breach this.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of email@example.com and include in your notice a detailed description of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to err on the side of removing materials from our Service.
Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to firstname.lastname@example.org
We, Memory.com, are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as “URGENT”:
- Your contact details - including your name and email address.
- Identify the material in question - please include sufficient detail to enable us to identify the material complained of.
- The reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Memory.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Memory.com.
When you upload content, you give to Memory.com a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Memory.com business.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Memory.com.
Memory.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Memory.com 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 web sites or services.
We advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Memory.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Memory.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Memory.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Memory.com ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Memory.com or any person for whom Memory.com is responsible, and even if Memory.com has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Botting & Reverse-engineering
You agree that you will not use automated methods to use Memory, including authoring or using 'bots' to perform actions on the website. Any users caught using automated methods may be banned.
You agree not to attempt to reverse-engineer the code or design of Memory. Memory uses proprietary code for its website and algorithms, and should you discover any formulas or data that is not publicly available, you agree that you cannot publish this.
Memory.com has no associating with any other service, application, business or other entity that shares the word 'memory'. Memory.com is an online application and educational tool designed for studying, learning and revision. Memory is not an online game and is not available offline or associated with any other product, service or company. Other titles using the word Memory, including offline games and applications on mobile appstores are not affiliated.
Memory has no association or affiliation with any other e-learning website, and does not claim to be similar to any other entity or be a member or any official curriculum.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We do not notify of updates to terms and conditions, therefore it is your responsibility to revist the website and read them. The updated date is maintained correctly at the top of this page.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Memory is a SPA (Single Page Application) and therefore its pages can be cached in your browser. You should therefore refresh this page after logging in to ensure you have the latest version of this document. Memory attempts to inform users with a banner when their version is outdated, however cannot guarantee successful delivery of the message.
You should also refer to our help section for any further information or minor updates.