Thank you for using my.memova!
By accessing “my.memova.com” (hereinafter “we”, “us”, “our”, “my.memova.com” you agree to be legally bound by the following terms.
These Terms of Service for Critical Path Software and the my.memova.com Site and services (these "Terms of Service") together constitute a legal agreement between you (an individual, not an entity) and Critical Path, Inc., a Californian corporation, and its suppliers and its licensors (collectively "CP") with respect to the Critical Path software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software"), the my.memova.com Web site, including all sub pages under the Web site (collectively, the "Site") and all services provided to you directly or indirectly by CP on or through the Site or through the Software (the “Services”).
By clicking on the "Accept" button or otherwise using or accepting the Software, Site and/or Services (the “Offerings”), you agree to be bound by the terms of these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK ON THE "ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE, SITE OR SERVICES. YOU AGREE THAT YOUR USE OF THE SOFTWARE, SITE AND/OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
THE OFFERINGS PROVIDED TO YOU UNDER THESE TERMS OF SERVICE IS A FREE VERSION, FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND IS LIMITED TO 10,000 USERS AT ANY ONE TIME AS MORE PARTICULARLY DESCRIBED BELOW.
CP provides you with the capability of updating, maintaining, and accessing your contact list or address book by downloading the Software or going to the Site and becoming a registered user of the Services (a "Member"). When you become a Member, CP will create your personal account which will contain: certain basic account information such as your name, e-mail address, password ("Your Account Information").
The Services allows you to back-up and synchronise your address books and contact information from an approved mobile device to the Site. Settings and/or an application will be installed on your mobile device in order to enable the contact back-up and synchronization process with the Services. You can delete the back-up/synchronization settings/applications from your device at any time and/or install the settings/applications on new or multiple devices however the number of devices you can use in conjunction with the Services is currently limited to 2.
my.memova Contacts Sync for iPhone makes it easy to back-up and synchronise your contacts over-the-air.
Safely store your iPhone contacts online at the Site; transfer contacts among multiple phones; manage & organise your contacts to always keep your address books up-to-date and in sync.
Import & export to and from other address books such as Gmail, Hotmail, Yahoo and Microsoft Outlook with the Services via the web.
Over-the-air synchronization of contacts is always initiated from your mobile device.
If you lose your mobile device the Service allows you to restore your contacts from the Services to your mobile device (subject always to the local contacts limit applicable to your mobile device which cannot be overridden by the Services).
The information you provide us is stored locally on your phone and on CP’s servers. It is sent to and from such servers as part of the Software's functionality (i.e., updating contacts).
You understand and agree that CP may provide updates, patches and/or new versions of the Software from time to time, with or without notice.
CP hereby grants you a non-exclusive, non-transferable license to use the Software and to use and to access the Site and Services subject to the terms and conditions in these Terms of Service. Under this license YOU MAY ONLY: use a Free Version for your personal and non-commercial use. By using the Offerings, you agree that CP may survey you once a quarter in relation to your use of the Software, Site and Services.
a) YOU MAY NOT: (i) prepare derivative works based on the Offerings; (ii) reproduce the Offerings except as specifically provided in these Terms of Service; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the Offerings or copies thereof in any form whatsoever to any third parties or use the Offerings for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the Offerings, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. ALL RIGHTS TO THE MY.MEMOVA OFFERINGS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CP.
b) You agree that you shall only use the Offerings in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the Offerings, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
c) You may not use the Offerings to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to distribution lists, newsgroup aliases, or group aliases, and (ii) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.
d) You may not use the Offerings to upload, post, post links to, e-mail or otherwise transmit or make available: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
e) You may not use the Offerings if you are under the age of 13.
f) You may not use the Offerings to solicit or collect any information from anyone.
g) You may only synchronize 1000 contacts at any one time. In addition you should note that your mobile device might have a local limit in respect of number of contacts that you can restore from the Services.
h) The Services are limited to 10,000 users at any one time. We will disable an account that is inactive for more than 90 days. To keep your account current you should use the Services at least once a quarter.
i) CP reserves the right to suspend the Services for maintenance without notice to you but not for more than 1 week at a time.
j) The Software downloaded from the Site to your mobile device will be configured to connect only from your mobile device to the Services and is not supported, recommended or permitted to connect to other alternative services.
CP warrants that for a period of 90 days from the downloading of the Software hereunder each unmodified copy of the Software will conform substantially to the user documentation. CP's entire liability and your exclusive remedy with respect to this warranty shall be CP using commercially reasonable efforts to correct such non-conformities. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, CP MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND CP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE OFFERINGS. CP DOES NOT WARRANT THAT THE OFFERINGS WILL MEET YOUR REQUIREMENTS OR THAT THE OFFERINGS WILL BE ERROR FREE. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.
CP may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for any features within the Offerings. We may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event CP modifies these Terms of Service, you may terminate your use of the Offerings. CP may also terminate your right to use the Offerings at any time for any reason. Without limiting the prior sentence, your right to use the Offerings will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from CP to effect such an automatic termination. Upon any termination of your right to use the Offerings, you shall immediately: a) discontinue all use of the my.memova Offerings, and b) delete all copies of the Software.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the CP website or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to support@my.memova.com.
You are required to have a my.memova account to use the Services. Personal information you provide to us is governed by my.memova's privacy policy (the "Privacy Policy"). Click here to view CP’s Privacy Policy. Your election to use the Offerings indicates your acceptance of the terms of the my.memova Privacy Policy, so please review it carefully. You are responsible for maintaining the confidentiality of Your Account Information. You are responsible for all activities that occur in your account and you agree to notify CP immediately of any unauthorized account use. CP is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of Your Account Information.
Title, ownership, rights, and intellectual property rights in and to the Offerings shall remain in CP. The Offerings are protected by the patent, trademark and copyright laws of the United States and other countries, and by international patent, trademark and copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.
To the maximum extent permitted by applicable law, in no event shall CP or its suppliers be liable for any consequential, incidental, indirect, special, punitive, exemplary or other damages whatsoever including but not limited to damages for loss of business profits, business interruption, computer failure, mobile device or cellular phone failure, loss of contact information, loss of business information, loss of data, goodwill or other pecuniary loss arising out of these Terms of Service or the use of or inability to use the Offerings, even if foreseeable or if CP has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with CP related to these Terms of Service or the Offerings shall be cancellation of the License and termination of use of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $10.00 or the amount you paid for the Software and Services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You should note that CP is in no way responsible for the additional data charges that you may incur with the operator of your mobile device as a result of using the Services.
You agree to hold harmless, indemnify and defend CP, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the Offerings in violation of another party's rights or in violation of any law, or (ii) violated these Terms of Service.
You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these Terms of Service.
The Software and accompanying documentation are provided with RESTRICTED RIGHTS. Use , duplication or disclosure is subject to restrictions as applicable. Manufacturer is CP, Inc., 42-47 Lower Mount Street, Dublin 2, Ireland.
The Offerings are not intended for and may not be used by children under the age of 13. You may not use the Software or Services or access the Site or the Forums unless you are at least such age. The “Forums” is an online forum which is a bulletin board dedicated to providing help and support to users of the Site. The Forums are subject to the terms and conditions contained in section 15 below.
The forum will provide a number of threads where users of my.memova.com may ask questions, seek support and suggest improvements to the service. The online forum members as well as forum moderators may contribute to the threads and discussion topics. The forum may also feature service announcements, voting for future services and other bulletin board functions.
a) No Assignment. The Software and Services are personal to you, and may not be transferred or assigned without CP's express written consent.
b) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of California, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state of federal courts located in Santa Clara County, California. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. No action regardless of form, arising out of these Terms of Service may be brought by either party more than two years after the cause of action has arisen.
c) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate CP's intellectual property rights, or may cause continuing or irreparable harm to CP (including, but not limited to, any breach that may impact CP's intellectual property rights, or a breach by reverse engineering), CP may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
d) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by CP or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of CP. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Our Forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”,"http://www.phpbb.com" www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from "http://www.phpbb.com/" www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: "http://www.phpbb.com/".
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “my.memova.com” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “my.memova.com” have the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “my.memova.com” nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.
CP in its absolute discretion can terminate the Services at any time by giving one month’s written notice on the Site. If CP decides to terminate the Services then all user data will be destroyed and the Services will become unavailable on the date of termination. Furthermore if your account is inactive for more than 90 days CP in its sole discretion can terminate the Services by giving you one week’s written notice to your email address. After one week all such user data will be destroyed.
Gmail, Hotmail, Yahoo and Microsoft Outlook are all registered trademarks of their respective holders.
