DIGIMEM
DIGIMEM
Last updated: October 12, 2023
Welcome to Digimem, a social media app that lets you create, share, and discover digital memories with your friends and family. Digimem is owned and operated by Kwerious Inc. ("we", "us", or "our"). By using Digimem, you agree to be bound by these Terms of Service ("Terms"), which govern your access to and use of our app, website, and any other products and services we provide (collectively, the "Services").
Please read these Terms carefully before using our Services. If you do not agree to these Terms, you may not use our Services. We may modify these Terms from time to time, and we will notify you of any changes by posting them on our website or app, or by sending you an email. Your continued use of our Services after any changes means that you accept the updated Terms.
To use our Services, you must create an account with us. You must provide accurate and complete information when creating your account, and keep it updated at all times. You are responsible for maintaining the security and confidentiality of your account and password, and for any activity that occurs under your account. You must notify us immediately if you suspect any unauthorized access or use of your account. We are not liable for any loss or damage that may result from your failure to protect your account or password.
You must be at least 13 years old to use our Services. If you are under 18 years old, you must have the consent of your parent or legal guardian to use our Services, and they must agree to these Terms on your behalf. By using our Services, you represent and warrant that you meet these age requirements and have the necessary consent.
You may not use our Services if you are prohibited by law from doing so, or if you have been previously banned or suspended by us for violating these Terms or our Community Guidelines.
Our Services allow you to create, upload, post, send, receive, and store content, such as photos, videos, text, audio, and other materials ("Content"). You retain all rights and ownership of your Content, and you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content in connection with our Services and our business, including for promotional and marketing purposes. You also grant us the right to use your name, username, and likeness in connection with your Content, if we choose to do so.
You are solely responsible for your Content and the consequences of sharing it with others. You represent and warrant that you have the right to create, upload, post, send, receive, and store your Content, and that your Content does not violate any applicable laws, regulations, or third-party rights, such as copyright, trademark, privacy, or publicity rights. You also agree to comply with our Community Guidelines, which set out the rules and standards for acceptable Content on our Services.
We do not endorse, support, or guarantee the completeness, accuracy, or reliability of any Content on our Services. We do not monitor or review all Content, but we reserve the right to remove, edit, or disable any Content that we deem to be inappropriate, harmful, illegal, or in violation of these Terms or our Community Guidelines, at our sole discretion and without notice. We also reserve the right to limit or terminate your access to or use of our Services, if we determine that you have violated these Terms or our Community Guidelines, or for any other reason, at our sole discretion and without notice.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal and non-commercial use, subject to these Terms and our Community Guidelines. You may not use our Services for any other purpose, or in any manner that is unlawful, harmful, abusive, harassing, threatening, defamatory, vulgar, obscene, hateful, or otherwise objectionable. You may not use our Services to infringe, misappropriate, or violate any rights of us or any third party, or to interfere with or disrupt the operation of our Services or the networks or servers that host them. You may not use any automated means, such as bots, scripts, or scrapers, to access or collect data from our Services, or to circumvent any security features or limitations of our Services. You may not copy, modify, distribute, sell, or lease any part of our Services or the Content on them, or reverse engineer or attempt to extract the source code of our Services, unless you have our written permission or are permitted by law.
Our Services and the Content on them, excluding your Content, are protected by intellectual property rights, such as copyright, trademark, patent, and trade secret rights. These rights belong to us or our licensors, and you may not use them without our prior written consent or as permitted by law. Nothing in these Terms gives you any right, title, or interest in our Services or the Content on them, except for the limited license granted to you in Section 3.
Our trademarks, logos, and trade names, such as Digimem and Kwerious, are our property and may not be used without our prior written consent or as permitted by law. You may not use our trademarks, logos, or trade names in connection with any product or service that is not ours, or in any manner that is likely to cause confusion, or to disparage or discredit us.
We welcome and appreciate your feedback, suggestions, and ideas on how to improve our Services ("Feedback"). You can submit your Feedback by contacting us through our website or app, or by any other means we provide. By submitting your Feedback, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Feedback in any manner and for any purpose, without any compensation or obligation to you. You also waive any moral rights or other rights you may have in your Feedback.
Our Services may contain links to or integrations with third-party websites, apps, products, services, or content that are not owned or controlled by us ("Third-Party Services and Content"). These links and integrations are provided for your convenience and information only, and do not imply any endorsement, affiliation, or sponsorship by us. We are not responsible for the availability, quality, or accuracy of any Third-Party Services and Content, or for any content, products, services, or information they provide. You access and use any Third-Party Services and Content at your own risk and discretion, and you are solely responsible for complying with their terms and policies.
Your privacy and data protection are important to us. Please read our Privacy Policy, which explains how we collect, use, and share your personal information when you use our Services, and how you can exercise your rights and choices regarding your personal information. By using our Services, you consent to our Privacy Policy and agree that we can process your personal information as described in it.
Our Services are provided "as is" and "as available", without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that our Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that they will meet your expectations or requirements. We do not warrant the accuracy, completeness, or reliability of any Content on our Services, or that any Content will be available at any particular time or location. You use our Services at your own risk and discretion, and you are solely responsible for any damage or loss that may result from your use of our Services or the Content on them.
To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of or inability to access or use our Services or the Content on them, or any Third-Party Services and Content, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions and limitations may not apply to you. In no event will our total liability to you for all damages, losses, or causes of action arising out of or in connection with these Terms or your use of our Services exceed the amount you have paid us for the use of our Services in the past 12 months, or, if greater, $100.
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys' fees, arising out of or in connection with your access to or use of or inability to access or use our Services or the Content on them, or any Third-Party Services and Content, or your violation of these Terms, our Community Guidelines, or any applicable laws, regulations, or third-party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with us in such defense. You agree not to settle any matter without our prior written consent.
Please read this section carefully, as it affects your legal rights.
If you are a user of the app and reside in Canada, you and we agree that any dispute, claim or controversy arising out of or relating to these terms of service or the breach, termination, enforcement, interpretation or validity thereof, or the use of the app or its content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
If you are a user of the app and reside outside of Canada, you and we agree that any Disputes will be resolved by the courts of Ontario, Canada, and you and we hereby irrevocably submit to the exclusive jurisdiction of those courts for such purposes.
You and we agree that any arbitration will be administered by the Canadian Arbitration Association ("CAA") in accordance with the CAA Rules and Procedures then in effect, except as modified by this section. The CAA Rules and Procedures are available at https://www.caa.ca/rules-and-procedures or by calling the CAA at 1-800-555-5555. The arbitrator will be selected by the mutual agreement of you and us, or, if you and we cannot agree, in accordance with the CAA Rules and Procedures. Unless you and we agree otherwise, the arbitration will be conducted in the province where you reside. If your claim does not exceed $10,000 CAD, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000 CAD, your right to a hearing will be determined by the CAA Rules and Procedures. Subject to the CAA Rules and Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
You and we agree that any arbitration will be conducted on an individual basis and not on a class, collective, representative or consolidated basis. The arbitrator has no authority to arbitrate claims on a class, collective, representative or consolidated basis. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. You and we also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and we agree that, unless you and we agree otherwise in writing, the arbitrator may award only those damages and relief that a court can award. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not award punitive, exemplary, consequential, incidental, indirect or special damages, or any other damages of any kind, even if a party has advised the arbitrator of the possibility of such damages. The arbitrator may not award any relief that affects other users of the app.
You and we agree that the arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and we agree that the arbitrator's award may be appealed only on the grounds and in the manner specified in the CAA Rules and Procedures.
You and we agree that, if any portion of this section is found to be invalid or unenforceable, then the entire section will be null and void and neither of us will be entitled to arbitrate our dispute. This section will survive any termination of these terms of service or your relationship with us.
These terms of service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ontario, Canada.
You agree that the courts of Ontario, Canada shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms of service or their subject matter or formation (including non-contractual disputes or claims). However, if you are a resident of another country, you may also bring proceedings in your home jurisdiction.
We may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
These Terms, together with our Privacy Policy and our Community Guidelines, constitute the entire and exclusive agreement between you and us regarding your access to and use of our Services, and supersede and replace any prior agreements between you and us on the same subject matter. These Terms do not create any third-party beneficiary rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. 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. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions, comments, or concerns about these Terms or our Services, please contact us at:
· Digimem @ Kwerious Inc. Email: support@digimem.ca
Thank you for using Digimem!