TERMS OF SERVICE

Welcome to Memvers.com (the “Website”). These terms of service (“Terms”) govern your use of the Website and the services provided by Memvers Inc. (“Memvers”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Website.

1. Description of Services

Memvers provides a platform that allows users to create and share digital collages, or “memories”, and connect with others who share similar interests. The Website also offers tools for organizing, managing, and sharing memories, as well as a marketplace where users can purchase or sell digital content related to memories.

2. Eligibility

You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are 18 years of age or older.

3. User Conduct

You agree to use the Website in compliance with all applicable laws and regulations, and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Website. Specifically, you agree not to:

• Post, upload, or transmit any content that is unlawful, defamatory, libelous, obscene, or otherwise objectionable;
• Use the Website to stalk, harass, or otherwise harm another person;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Engage in any activity that interferes with or disrupts the Website or its servers or networks; or
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without Memvers’ prior written consent.

4. User Content

You retain all rights in any content that you upload, post, or transmit to the Website, including text, images, and other media (“User Content”). By uploading, posting, or transmitting User Content to the Website, you grant Memvers a non-exclusive, royalty-free, worldwide license to use, copy, modify, and distribute the User Content solely for the purpose of providing and promoting the Website and the services offered by Memvers.

You represent and warrant that you own or have the necessary rights and permissions to upload, post, or transmit User Content to the Website, and that the User Content does not infringe the intellectual property or other rights of any third party. You agree to indemnify and hold harmless Memvers and its affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your User Content.

5. Payment

Certain services and products offered by Memvers may require payment, as specified on the Website. You agree to pay all fees and charges associated with your use of the Website and the services offered by Memvers. All payments are final and non-refundable, except as otherwise provided by law.

6. Intellectual Property

All content on the Website, including text, graphics, logos, images, and software, is the property of Memvers or its licensors and is protected by Swiss and international copyright and trademark laws. You may not use any content on the Website without Memvers’ prior written consent.

7. Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEMVERS DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE WEBSITE WILL ME

ET YOUR REQUIREMENTS OR EXPECTATIONS. MEMVERS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE.

Limitation of Liability
IN NO EVENT SHALL MEMVERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION. MEMVERS’ TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO MEMVERS FOR THE SERVICES THAT GAVE RISE TO THE CLAIM.

Indemnification
You agree to indemnify and hold harmless Memvers and its affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Website, your User Content, or your violation of these Terms.

Modification of Terms
Memvers may modify these Terms at any time by posting the revised Terms on the Website. Your continued use of the Website following any such modifications constitutes your agreement to be bound by the modified Terms.

Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law. Any dispute arising out of or related to these Terms shall be resolved exclusively in the courts of Zurich, Switzerland.

Entire Agreement
These Terms constitute the entire agreement between you and Memvers with respect to the Website and the services offered by Memvers, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Memvers.

Contact Us
If you have any questions about these Terms or the Website, please contact us at support@memvers.com.