Welcome to MeMyArt. MeMyArt provides its services to you, subject to the following Terms of Service ("TOS"). In these TOS "you" means the individual using the MeMyArt services and "MeMyArt" means Me and My Portfolio Ltd Limited except where the relevant service is provided by another MeMyArt group company in which case references to MeMyArt shall, in respect of the services provided by such other MeMyArt group company, be references to that MeMyArt group company.
In addition, when using particular MeMyArt services, you and MeMyArt shall be subject to any guidelines and rules applicable to such services which may be posted by MeMyArt from time to time. All such guides and rules are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Services and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. MeMyArt may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply.
MeMyArt currently provides users with access to a service that allow you to share, store and manage artwork, as well as follow other artists. (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new MeMyArt properties, shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS IS" and that MeMyArt assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that MeMyArt users may create artwork in the Services that contain adult or mature content.
In consideration of your use of the Services, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Services' join form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MeMyArt has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MeMyArt has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). MeMyArt is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services. By allowing your child access to the Services, they will be able to access all of the Services. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
You will receive a password and username upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify MeMyArt of any unauthorised use of your password or account and any other breach of security, and
(b) ensure that you exit from your account at the end of each session. MeMyArt cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MeMyArt are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. MeMyArt does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MeMyArt be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
You agree to not use the Services to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MeMyArt official or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
l. "stalk" or otherwise harass another; or
m. extract, collect, process, combine or store personal data about other users. You acknowledge that MeMyArt has no obligation to monitor Content. MeMyArt and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that MeMyArt may access, preserve, and disclose your account information and Content:
(a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner;
(b) for the purpose of properly administering your account in accordance with the standard operating procedures of MeMyArt or its affiliated companies; and
(c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned). When you are on any international MeMyArt property, you are bound by the Terms of Service and applicable laws governing that MeMyArt property.
8. PUBLIC CONTENT POSTED TO MeMyArt
(a) For purposes of the TOS, "publicly accessible areas" of the Services are those accessible by the general public. By way of example, a publicly accessible area of the Services would include public MeMyArt Portfolios, MeMyArt Collections MeMyArt Artwork and comments, but would not include unlisted MeMyArt Portfolios, MeMyArt Collections MeMyArt Artwork. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Services, and that under no circumstances will MeMyArt be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of MeMyArt or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Services, you grant MeMyArt a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting the specific MeMyArt service to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services. This licence exists only for as long as you elect to continue to include such Content on the Services and shall be terminated at the time you delete such Content from the Services.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Services, you grant MeMyArt the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold MeMyArt and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MeMyArt may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that comments or other uploaded Content will be retained by the Services, the maximum disk space that will be allotted on MeMyArt's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that MeMyArt has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that MeMyArt reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MeMyArt reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
MeMyArt reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MeMyArt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that MeMyArt in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if MeMyArt believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MeMyArt may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MeMyArt 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 the Services. Further, you agree that MeMyArt shall not be liable to you or any third-party for any termination of your access to the Services.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. To the fullest extent permitted by applicable law, you agree that MeMyArt shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MeMyArt has no control over such sites and resources, you acknowledge and agree that MeMyArt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MeMyArt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by MeMyArt or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
MeMyArt grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Services. You agree not to access the Service by any means other than through the interface that is provided by MeMyArt for use in accessing the Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMYART EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY Q UALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. MEMYART MAKES NO WARRANTY OR REPRESENTATION THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WIL L BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTA INED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RIS K AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEMYART OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MEMYART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMYART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF MEMYART.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
22. TRADEMARK INFORMATION
MeMyArt, the MeMyArt logo, MeMyArt in Chinese Characters, MeMyArt logos and product and service names are trademarks of Me and My Portfolio Ltd (the "MeMyArt Marks"). Without MeMyArt's prior permission, you agree not to display or use in any manner, the MeMyArt Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
MeMyArt respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Services, please go to our copyright policy to report the problem.
24. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and MeMyArt and govern your use of the Services, superseding any prior agreements between you and MeMyArt You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MeMyArt shall be governed by the laws of England. You and MeMyArt agree to submit to the exclusive jurisdiction of the English courts. Any failure by MeMyArt to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Neither you nor MeMyArt may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that MeMyArt shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies.
The section titles in the TOS are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability. You agree that your MeMyArt account is non-transferable and any rights to your MeMyArt username or contents within your account terminate upon your death. Any free account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with MeMyArt's policy.