Terms of Services

The following is a legal agreement between Meme Interactive Pvt. Ltd("meme," "we," "us," or "our") and "you," the user of meme4u.com. By accessing, browsing or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use meme4u.com site.

 

Your Use of the Site

Meme Interactive Pvt. Ltd hereby grants you a limited license to copy and use the materials, features, and services provided by Meme Interactive Pvt. Ltd on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.

The products, technology, or processes described or used on this Site may be the subject of intellectual property rights reserved by Meme Interactive Pvt Ltd or the third party. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppels or otherwise, any license, title, or ownership of or to any intellectual property right of Meme Interactive Pvt. Ltd. or any third party.

 

Copyright Information

All of the Material available on the Site is copyright of, Meme Interactive Pvt. Ltd. or used under license. Meme Interactive Pvt. Ltd currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the Meme Interactive Pvt. Ltd Site.

 

Trademarks

Use of any Meme Interactive Pvt. Ltd trademarks as meta-tags for search engines is strictly prohibited.

 

Policy Use

While Meme Interactive Pvt. Ltd does not ordinarily monitor the content of users' ecards, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

  • sending harassing, abusive, or threatening messages;
  • sending obscene or pornographic messages or images;
  • sending defamatory or libelous messages;
  • sending viruses or other harmful, disruptive, or destructive files;
  • attempting to steal passwords or credit card information;
  • sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
  • attempting to conceal or misrepresent the identity of the sender.

Violations of the Meme Interactive Pvt. Ltd Policy will not be tolerated and may result in the sender being blocked from sending additional ecards on the service. If the sender is a member of Meme4u.com, Meme Interactive Pvt. Ltd may disable the sender's account without compensation or refund. Meme Interactive Pvt. Ltd RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY MEME INTERACTIVE PVT. LTD. TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

 

Spam

You may not use this Site to send online eCards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Meme Interactive Pvt Ltd reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

 

Links and Advertisements

Meme Interactive Pvt. Ltd. may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH MEME, MEME4U.COM, MEME4U, MEME INTERACTIVE PVT. LTD., OR MEME INTERACTIVE. MEME INTERACTIVE PVT. LTD. MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. MEME INTERACTIVE PVT. LTD WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY MEME INTERACTIVE PVT. LTD. ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

There may be circumstances where access to this Site is provided by a link located at another Web site. Neither MEME INTERACTIVE PVT. LTD nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither MEME INTERACTIVE PVT. LTD nor its affiliates are liable for any damages or injury arising from the content of these other sites. Neither MEME INTERACTIVE PVT. LTD nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

 

Using Your Own Content, Photos, or Images

MEME INTERACTIVE PVT. LTD may allow you to create your own Cards by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornographic, or illegal materials.

When you upload material to the Site and use it to create an eCard, your material will be used for the transmission of your digital eCard; however, we may also use such material in the course of performing testing, training or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

 

Photo Cards

By clicking on the “Continue” button, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornographic, or illegal materials.

By clicking on the “Continue” button, you agree to accept the card as it appears on the screen. You also understand that Meme Interactive Pvt Ltd takes no responsibility for misspellings, misalignment, typographical errors, or other user-generated errors.

 

Contests

From time to time, MEME INTERACTIVE PVT. LTD may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. Meme Interactive Pvt Ltd does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation is governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest becomes the property of MEME INTERACTIVE PVT. LTD and you hereby consent to receive special promotions and offers from MEME INTERACTIVE PVT. LTD and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give MEME INTERACTIVE PVT. LTD permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote MEME INTERACTIVE PVT. LTD, its products and services, and no additional consideration will be paid for such rights.

 

Warranty Restriction; Limitation Of Liability.

THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. MEME INTERACTIVE PVT. LTD IS NOT RESPONSIBLE FOR ANY FAILURE OF ECARDS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER MEME INTERACTIVE PVT. LTD NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF MEME INTERACTIVE PVT LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT MEME INTERACTIVE PVT LTD AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

 

International Use

Neither MEME INTERACTIVE PVT. LTD nor its affiliates make any representation that Materials on this Site are appropriate or available for use in locations outside India, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

Indemnification

You hereby indemnify, defend and hold harmless MEME INTERACTIVE PVT. LTD and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You must cooperate as fully as reasonably required in defense of any such claim. MEME INTERACTIVE PVT. LTD reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 

Enforcement by Meme Interactive Pvt. Ltd

In the event MEME INTERACTIVE PVT. LTD determines, in its sole discretion, that you have violated these Terms, MEME INTERACTIVE PVT. LTD have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of eCards from our Site, or pursue any other remedies available to it under applicable law.

 

GOVERNING LAW:

This agreement, and the respective rights and obligation of the parties herto, are governed by and construed in accordance with the law of India. Any dispute arising between you and Meme Interactive Pvt. Ltd. Will be submitted to binding arbitration in India in accordance with the Indian Arbitration And Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. Such Arbitration proceeding shall be held at Kolkata.

Updates to Terms

 

MEME INTERACTIVE PVT. LTD has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

 

Privacy Policy

The terms of our privacy policy can be found by clicking here.

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