You must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of meU's website or meU's mobile applications made available through authorized third party websites. meU's website consists of its websites located at URLs including http://www.meuglobal.com as well as its applications, widgets, and gadgets for social networks (including but not limited to Facebook, Twitter, other Social Media Sites, Google Play Store, iPhone App Store). Collectively herein, the meU website, applications, widgets and gadgets will be referred to as the "Site".
There are two general types of users; registered users that have registered with meU, or who have registered with an authorized third party that provides access to meU Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view another's multimedia message.
You must be 13 years of age or older to be a User of the Site. By continuing to use the Site, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service. If you do not agree with these Terms of Service, immediately stop using the Site.
You understand that meU is fundamentally an interactive multimedia sharing platform and as such it enables the sharing and using of media assets including photos, videos, audio, music, text and weblinks that You import, upload, share via your social media accounts account, and live capture. Such sharing can be with multiple parties including the public who then have the ability to further use and share the media assets You placed in your multimedia messages and chose to share, including under your privacy settings in social media. You understand and agree that if You choose to share publicly that includes the possible posting of your multimedia messages on meU’s public sites and social media sites. You understand and agree that meU has no role or liability whatsoever in the choice to share such assets and messages, and You take full responsibility for such sharing.
This Terms of Service Agreement was last updated on January 11, 2016. We reserve the right, at any time, to modify the Site and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Site after modifications are posted will be considered an acceptance of the modified Terms of Service.
The Site is owned and operated by Nenuphar, Inc., a Delaware Corporation with a place of business at 668 N Coast Hwy, Suite 513, Laguna Beach, CA 92651 USA. Nenuphar, Inc. is also referred to as meU. The meU Site provides Registered Users with the ability to create multimedia messages using uploaded (library and live captured) photographs, videos, audio, music and text/web links ("Assets") and share completed “mashable/editable” multimedia messages ("Message") with others.
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and meU is not liable to you for any temporary interruption in services. By registering with us, including via social media logins, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.
Your social media IDs and passwords and your meU account and password are for your individual use only, and are not to be shared with others. You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify meU immediately if you learn of an unauthorized use of your account(s) or your password(s.)
All Enterprise users are subject to all terms and conditions of meU Enterprise Contracts and License agreements with sponsoring Enterprises, including termination. Individual enterprise users do not have any independent or ongoing rights of use beyond or outside of meU's Enterprise agreements.
You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your messages, submissions and/or communications through the site, including Social Media Sites Content, Video Content, Image Content, Musical Content, Audio Content, Text & Web Links Content, Email Content, SMS Content and meU multimedia messages created therefrom (collectively, "Messages").
You agree that you will not upload, share, or otherwise distribute any Messages -- including text, graphics, images, videos, sounds, data, music, code or other information - that:
Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
Contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site.
We do not endorse the contents of any Messages, and expressly disclaim any and all liability in connection with Messages. We do not pre-screen or monitor Messages. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. If you would like to notify us of content which you believe does not comply with these Terms of Service, please email us at email@example.com. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against meU arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations
1. meU's Intellectual Property Rights. meU is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.
meU's trademarks and/or service marks may not be used in connection with any product or service that is not provided by meU, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits meU.
meU's software and services available on the Site are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Service.
2. Others' Intellectual Property Rights. meU deeply respects the third party intellectual property rights that may be implicated in creating an meU multimedia message. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating a meU multimedia message using meU's proprietary software, you will be able to use your own Media Content such as photos, graphics, music, audio, text, or videos, or use Media Content from meU's Public Folders and Channels. Media Content has associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to your Media Content. meU's proprietary software may allow Users to share their Media Content with other meU Users by posting their Media Content into a series of folders on the meU Site called Public Folders, Channels or other publically visible areas. Public Folders are visible by all Users of meU. meU’s proprietary software allows Users to post to social media according to the individual User’s social media privacy settings. By either posting Media Content into the Public Folders or Channels locations and/or posting meU mashable/editable messages into social media public news feeds, you hereby grant to other Users a royalty-free, perpetual license to use, copy, create, modify, share, and display your meU Media Content using the Site and in accordance with these Terms of Service. If you have posted Media Content containing individuals other than yourself you must have permission of the individuals to use that Media Content. Media Content may be protected by copyright, even if not marked with the © symbol.
If you are uploading Media Content to meU and you are not the creator of Media Content, then you must get permission from the creator of the Media Content to use the Media Content in a meU multimedia message. For example, professionally-taken photographs should not be used in a meU multimedia message unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in a meU multimedia message unless you have received a license to do so from the owner of the copyright.
Do not upload any Media Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site. Copying music without purchasing or obtaining the rights to the music is against the law. Prior to uploading your own music, you must be sure that you have the permission to use such music in a meU multimedia message. Music that is copyrighted or DRM protected must not be uploaded, used, or shared.
If you create a meU multimedia message using all or any part of Media Content from other Users posted in meU's Public Folders and/or social media sites’ public news feed posts, you agree that intellectual and property rights of that Media Content remains with the original owner of the Media Content regardless of the extent to which you modify that Media Content.
You warrant that all Media Content uploaded by you, either from your own computer or another Site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Media Content as contemplated by the Site and grant meU the rights described herein.
You hereby grant to meU a royalty-free, perpetual license to use, copy, create, modify, display and host your meU multimedia message and Media Content solely to the extent necessary for meU to provide the Services as described herein.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
3. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA"), meU designates the following individual as its agent for receipt of notifications of claimed infringement:
By Mail: Nenuphar, Inc. / meU Attn: DMCA Claims 668 N Coast Hwy, Suite 513 , Laguna Beach, CA 92651 By Email: firstname.lastname@example.org
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and Information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid and we may not be able to comply with your request.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. Your account will be terminated if, at meU's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE UPLOADING OF MEDIA CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE SITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. OTHER THAN AS EXPRESSLY SET FORTH IN THE PARAGRAPH HEREUNDER ENTITLED "LIMITED WARRANTY FOR PRODUCTS," MEU EXPRESSLY DISCLAIMS AND PROVIDES NO OTHER WARRANTIES FOR PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND MEU'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE SHALL BE LIMITED TO THE AMOUNT YOU PAID MEU, IF ANY, FOR ANY SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.
IN NO EVENT SHALL MEU BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR MEDIA CONTENT. MEU SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR MEDIA CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold meU, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the site, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with meU's terms of service,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. meU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with meU in asserting any available defenses. Users, upon registering with meU, will be assigned one (1) user account. You are limited to one account per person. meU may limit the maximum amount of disk space per account for storing Media Content Videos and User content. meU may limit the amount of live recording, the number of views of meU messages and meU may also limit other features from time to time.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
You acknowledge we reserve the right to terminate any account with no prior notice to you, including the deletion of any Media Content and meU multimedia messages associated therewith, if the account has been inactive for a ten (10) month period.
Do not rely upon this Site as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded. We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates. Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required.
We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.
The laws of the state of California, USA, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court, Central District of California in Santa Ana, California USA. All notices to a User or to meU shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at
email@example.com, if by email, or at meU, 668 N Coast Hwy, Suite 513, Laguna Beach, CA 92651 USA, if by
conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by meU. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. January 11, 2016