1. Welcome to Memento Media
1.2. Jessica Raquel Ferrari trading as Memento Media (ABN 57 133 298 201) (Memento Media) owns and operates the App. In these Terms any reference to “we”, “us” and “our” means Memento Media.
a) create a Memento Media account (Memento Media Account);
b) access or use the Services;
c) allow someone else to use the Services or your Memento Media Account; or
d) or otherwise deal with the Services or Memento Media.
1.4. Any reference to, “you” or “your” means the person that has created a Memento Media Account (Account Holder). A Memento Media Account will be created when the Account Holder registers by providing their name and email address.
1.5. Any reference to “User” means anyone at all that is not the Account Holder that an Account Holder permits to use the App or Memento Media Account.
1.6. You cannot use the App or any of Memento Media’s Intellectual Property or content for commercial purposes without our written consent.
1.7. We may need to change these Terms. If we do, any changes will be published at our website mementomedia.com.au and they will be binding on you.
2. Account Holders and Users
2.1. When creating a Memento Media Account, you must provide true information and make that it is always accurate and up to date. Children under the age of 13 years cannot create a Memento Media Account.
2.2. If you are over the age of 13 years and under the age of 18 years and you are creating a Memento Media Account, please get the consent of a parent or guardian to create the Memento Media Account. Your parent or guardian must accept these Terms.
3. Using Memento Media
3.1. These Terms apply to audio, videos, photographs and other content submitted by you and by other users whilst using the Services (Content).
3.2. We will use reasonable endeavours to make sure that all Content, information, safety messages and warnings displayed in the App and Website are accurate and correct, although we cannot warrant that they are accurate, adequate or complete at any time.
3.3. By accepting these Terms and using the Services, you acknowledge and accept that:
a) the Services and Content may include incorrect information, technical inaccuracies and typographical errors;
b) the Services and Content will change from time to time without notice to you and it may not be accurate, complete or up to date at the time you use it; and
c) it is your responsibility to protect your own property, devices, system and your data usage when using the Services.
3.4. We unfortunately cannot guarantee that your access to the Services will be uninterrupted or that the Services are free from viruses or any other malware which may damage your electronic devices or data.
3.5. You acknowledge, represent and warrant that:
a)you own your Content or you have the right to use it and grant us a perpetual, worldwide, non-exclusive, royalty free licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content;
b) the sharing of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person;
c) you are solely responsible for any and all Content that is uploaded or shared on your Memento Media Account; and
d) you will use the Services solely for lawful purposes and won’t breach your obligations to us or anyone else in doing so.
4. Payment Terms
4.1. If you use our Services where we provide a price for the Services, you agree to pay Memento Media at the times and as set out on the App or Website, or any other communication with you.
4.2. We may, at our sole discretion, withhold or suspend delivery of the Services until we have received payment for the Services.
5. Content, Information, Access + Use
5.1. We try our best to make sure that all Content, information, safety messages and warnings displayed as part of the Services are accurate and correct, although we cannot warrant that they are accurate, adequate or complete at any time.
5.2. We may at any time and at our sole discretion review, remove, edit and block Content or your Memento Media Account to ensure compliance with these Terms and to comply with any laws, regulations, order of the court, administrative agency or other governmental body.
6. Intellectual Property
6.1. Everything displayed on the Services, including without limitation all Content, information, images, audio files, graphics, illustrations, artwork, names, logos, trademarks, copy writing, and design features are our property, or property that we have been licenced or assigned the right to use (Memento Media Intellectual Property).
6.2. The Memento Media Intellectual Property is protected by copyright, trademark and other intellectual property laws. You may not use the Memento Media Intellectual Property for any other purpose other than to use and access the Services or your Memento Media Account in accordance with these Terms.
6.3. You acknowledge that if you copy, imitate, reproduce, reverse engineer, sell, retransmit, distribute, disseminate, publish, broadcast, circulate or exploit any Memento Media Intellectual Property, you will be in breach of these Terms and we will suffer loss and damage, and you agree to account to us for any profit that you make and compensate us for any damage and loss arising out of a breach of Memento Media’s Intellectual Property.
7.1. At any time, we can terminate you from using the Services at our sole discretion by giving you 2 days’ notice.
7.2. If we suspect that you are or may be in breach of these Terms, we can cancel your Memento Media Account immediately. We may contact you if we suspect a breach.
7.3. If you want to cancel your Memento Media Account, you may do so by uninstalling the App at any time or if you are using a subscription model, by providing us with 30 days notice by emailing firstname.lastname@example.org.
7.4. Upon termination, we have no obligation to retain any Content.
8. Limitation of Liability
8.1. You agree that your use of the Services and any User’s use of the Services under your supervision is subject to you acknowledging and agreeing that:
a)To the full extent permitted by law, Memento Media isn’t responsible for any injury, harm, loss or damage suffered or caused directly or indirectly arising from the use or access of the Services of any User or Account Holder.
b) Your use and use by any User you permit to use the Services, is at your own risk and you will hold us harmless for any loss or damage that you, any User or any third party suffers in connection with the use of the Services or Memento Media Account.
c) Subject to any law, such as the Australian Consumer Law, our maximum liability to you will be limited to any amount that you have paid to use, create and access Content on the Services.
d) The Services may contain links to other websites operated, controlled or produced by third parties including, but not limited to, third party payment processors. Memento Media does not control, endorse, sponsor or approve of any third-party website or its content and does not provide any warranty or take on any responsibility relating to your access and use of third-party websites. We advise you to check all third-parties privacy policies and terms and conditions before using their services.
a) You agree to indemnify us from and against any and all liabilities, costs, demand, causes of action, injuries, damages, claims and expenses (including legal fees) arising out of, directly or indirectly, your breach or any Users breach, that you permit to use the Services, of these Terms.
b) If any clause/s in these Terms are unenforceable or are invalid under any applicable law, that doesn’t make these Terms unenforceable or invalid as a whole. Any unenforceable or invalid provisions can be deleted without affecting the remaining provisions in these Terms.
c) We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
d) These Terms will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. You submit yourself to the state and federal courts located in the State of Victoria, Australia for the resolution of any disputes.