Terms of Use

• 1.1 Acceptance of the Terms of Use

  These terms of use are entered into by and between You and Meemo LLC. ("Meemo," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of findingmeemo.com, all associated websites, mobile sites or applications, products, software and other services offered on or through the Website (the "Website"), whether as a guest or a registered user, including all features, functionality and services offered on the Website. These Terms of Use also govern your use of the retail and other services we make available on the Website (the "Services").

  BEFORE YOU START TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND HERE, INCORPORATED HEREIN BY REFERENCE, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS BELOW. THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE OR THE SERVICES PROVIDED THROUGH IT.

  By using the Website and Services, you represent and warrant that:

   

  • You have reached the age of majority in the jurisdiction in which you reside;
  • You have the right, authority, and capacity to enter into these Term of Use (on behalf of yourself or the entity that you represent)
  • You are able to create a binding legal obligation;
  • You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current and complete, and you will update information provided to the Website to ensure that it is accurate at all times.

   

• 1.2 Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

2. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You agree to notify Meemo immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Meemo or a third party due to someone else using your account, unless such use is due to Meemo’s willful misconduct.

3. Intellectual Property Rights

• 3.1 The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Meemo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
• 3.2 You are permitted to use the Website for legitimate business purposes related to your role as a current or prospective customer of meemo. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except to:
  • Store copies of such materials in RAM or in your web browser's automatic cache, which may occur automatically as a result of the operation of your computer or mobile device incidental to your accessing and viewing those materials.
  • Print a reasonable number of pages of the Website for your own personal, non-commercial use. If We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound to our end user licensing agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

• 3.3 You must not:

  a. Modify copies of any materials from the Website.

  b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  c. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

  d. Access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.

• 3.4 If you wish to make any use of material on the Website other than that set out in this section, please address your request to: hello@findingmeemo.com. Sending a request for use of material does not automatically confer approval of your request. We reserve all rights with respect to any request for use of the content on the Website.
• 3.5 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Meemo. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

• 3.6 Trademarks

  The Finding meemo name, the term “Finding Meemo”, Finding meemo logo, and all related names, logos, product and service names, designs, and slogans (together, the “Marks”) are trademarks of Meemo or its affiliates or licensors. You must not use such marks without the prior written permission of Meemo. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4. Prohibited Uses

• 4.1 You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • a) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • d) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • e) To impersonate or attempt to impersonate Meemo, a Meemo employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Meemo or users of the Website, or expose them to liability.</;>
  • g) To launch any third party attack, hack, penetration, denial of service attack, or breach of any third party website, service or internet asset.
  • h) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • i) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • j) Use any device, software, or routine that interferes with the proper working of the Website.
  • k) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • l) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • m) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • n) Otherwise attempt to interfere with the proper working of the Website.

5. User Content

• 5.1 Content; User Content. The Website may contain mechanisms to provide truthful and accurate reviews of our products, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website. All User Content must comply with the content standards set out in Section 5.5. Any User Content you post to the site will be considered non-confidential and non-proprietary. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You acknowledge and agree that you are responsible for any User Content you submit or contribute, and you, not Meemo, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• 5.2 Representations. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit. You further agree that User Content you submit to the Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content without prior notice. By using the Website, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the world, in any media, now known or hereafter devised, on or through the Website any of the following:
  • a) User Content that is indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, inflammatory, untrue, misleading, illegal, invasive of privacy or publicity rights, libelous, slanderous or defamatory. WE DO NOT TOLERATE USERS HARASSING, THREATENING, DISCRIMINATING OR EMBARRASSING OTHER USERS, INCLUDING HARASSMENT OR DENIGRATION BASED ON AGE, GENDER, RACE, RELIGION, NATIONAL ORIGIN, SEXUAL ORIENTATION OR DISABILITY, MARITAL STATUS OR VETERAN STATUS, OR THE STALKING OF OTHER USERS;
  • b) User Content that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not include in any User Content either any email addresses or telephone numbers of any person or entity, including your own. You may not use a false email address, impersonate any person or entity (including any other user), or otherwise mislead as to the origin of your User Content;
  • c) User Content that is unrelated to the topic or context in which such Content is posted, or that, in the sole judgment of Meemo, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Meemo or its affiliates or its users to any harm or liability of any type.
• 5.3 User Content Disclaimers. You understand that Meemo does not prescreen User Content and is not responsible for examining or evaluating any User Content offered through the Website, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the User Content has obtained all required rights to do so. We do not endorse any User Content submitted to the Website by any user, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. Meemo takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is Meemo liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Meemo is not liable for any statements, representations or User Content provided by its users. YOU HEREBY WAIVE ANY AND ALL STATUTORY, LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS WITH RESPECT TO ANY ACTION OR INACTION, INCLUDING, WITHOUT LIMITATION, ANY ACTIVITIES, USER CONTENT, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE SERVICES’ USERS OR ANY OTHER CONDUCT.

• 5.4 Monitoring and Enforcement; Termination.

  By accessing the Website, you agree that We have the right, at Meemo's sole discretion, to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Meemo.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these
    Terms of Use.

  Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website as Further indicated in the Privacy Policy.

  YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

  We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

• 5.5 Content Standards. These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • a) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • c) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • e) Be likely to deceive any person;
  • f) Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • g) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • h) Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • i) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
  • j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case

6. Copyright Infringement Claims.

Meemo respects the intellectual property rights of others. It is our policy to respond promptly any claim that User Content posted on the Services infringes the copyright or other intellectual property rights (“Infringement”) of any person. Meemo will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms of Use where it believes an Infringement has taken place, including removing or disabling access to the User Content claimed to be infringing and/or terminating accounts and access to the Website.

To notify Meemo of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of hello@findingmeemo.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Meemo to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any User Content is infringing your copyright.

If we remove or disable access to User Content in response to a notice of Infringement, we will make reasonable attempts to contact the User who posted the affected User Content. If you feel that your User Content is not infringing, you may provide Meemowith a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at hello@findingmeemo.com. You must include in your counter notice sufficient information to enable Meemo to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content is not infringing the copyrights of others.

If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.

7. Terms of Sale and Online Purchases.

• 7.1 Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Use all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your credit card account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Acceptance of your order and the formation of the contract of sale between Meemo and you will not take place unless and until you have received your order confirmation email.
• 7.2 Prices and Payment Terms.
  • a) All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  • b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
• 7.3 Shipping and Delivery. Unless an item is on backorder, we strive to ship same-day worldwide on orders placed on weekdays prior to 12 p.m. Eastern Time (with the exception of federal holidays). If an order is placed after 12 p.m. Eastern Time on a weekday or on a weekend or federal holiday, the order will be shipped the next business day. For continental US orders, our standard ground delivery service generally takes 1-5 business days. International orders can take approximately 7-14 business days. While we will always do our best to make sure orders arrive within the specified time frame, some shipping exceptions may occur due to factors outside of our control. Please check the Shipping Notice at checkout for up-to-date fulfillment expectations. Please note that an additional fee may be added on international orders and orders going to non-contiguous states. Tracking information is provided for all orders. 
  
  

• 7.4 Returns and Refunds.

  • a) Returns and Refunds. Except for any products designated on the Website as final sale or non-returnable, including, without limitation sale items(including bundles), we will accept a return of the product for a refund of your purchase price, less the original shipping and handling costs and a restocking fee, provided such return is made within 20 days of purchase with valid proof of purchase and provided such products are returned in their original condition.
  • b) Refunds. Refunds are processed within approximately 7 to 10 business days of our receipt of your merchandise at our return facility. Your refund will be credited back to the same payment method used to make the original purchase on the Website.