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Terms of Use

Please read the following Terms and Use carefully before using this Site, the App or the Services (as defined below) so that you are aware of your legal rights and obligations with respect to E.J BEYOND ME LTD.

("EJ Beyond", "we", "our" or "us") in connection with the use of: (i) the website: www.memoir-story.com and any other website that we operate (each, together with its sub-domains, content and services, a “Site”); and (ii) the Memoir app mobile software application (the “App”). The Site and the App are individually and collectively referred to herein as the “Services”.

 

By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Terms please do not access or use the Services.

 

These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate terms and conditions that accompany the applicable product or service offering.

 

  1. Ability to Accept. By using the Services you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to using the Services, you must first review these Terms with your parent or guardian to make sure that you and your parent or guardian understand these Terms and agree to them.
  2. Registration and Access Controls. If registration information is requested by us from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age. In no case are persons under the age of thirteen permitted to use the Services. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than you. You accept responsibility for all activities, charges, and damages that occur with the use or related to your account, including use of your account by other members of your business as well as unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us at [add link] immediately. We are not responsible for any loss or damage resulting from unauthorized use.
  3. Services License. Subject to these Terms, we hereby grant you:
    • A personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license ("License") to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and Usage Rules (defined below) allow.
    • A personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable License to: (i) download, install and use the App on a mobile
      telephone, tablet or device (each a "Device") that you own or control; and (ii) visit and use the Site.
    • Commercial License. For commercial use of the Content or the Services you must enter into a separate agreement with us. If you wish to license Content from the Services, please contact us at: info@memoir-story.com.
  4. License Restrictions. You agree not to, and shall not permit any third party to: (i) transfer (by sale, resale, license, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein or in any commercial agreement with us; sublicense, redistribute, lease, lend or rent the Services;
    (ii) make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part thereof without our prior written authorization; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any communications systems provided by the Services to send unauthorized and/or unsolicited commercial communications; (viii) use the EJ Beyond or Memoir name, logo or trademarks without our prior written consent;
    (ix) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Services; and/or (x) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
  5. App Usage Rules. If you are downloading the App from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules which also govern your use of the App ("Usage Rules"). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled 'Distributor Requirements and Usage Rules', but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into these Terms by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
  6. Location Data. Certain features or functionality ("Features") of the Services may collect or be dependent on data related to your geographic location ("Location Data"). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.
  7. Intellectual Property Rights.
    • Ownership. The Services are licensed and not sold to you under these Terms and you acknowledge that EJ Beyond and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Services (and its related software). We reserve all rights not expressly granted herein to the Services. "Intellectual Property Rights" means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
    • Content and Marks. The content on the Services, including without limitation, the text, information, documents, articles, brochures, descriptions, products, design, software, graphics, photos, sounds, videos, audio clips, interactive features, logos, icons, images, and services (collectively, the "Materials"), and the User Submissions (defined below), and the trademarks, service marks and logos contained therein ("Marks", and together with the Materials and User Submissions, the "Content"), is the property of EJ Beyond and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. EJ Beyond/Memoir logo are Marks of EJ Beyond and its affiliates. All other Marks used on the Services are the trademarks, service marks, or logos of their respective owners.
    • Use of Content. Content on the Services is provided to you “as is” for your personal use only and may not be used, copied, modified distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
    • Payments.
    • Except as expressly set forth in the Terms, your general right to access and use the Services (after payment for jewelry or any other item that may include Services) is currently for free, however, we may charge a fee for certain features, uses or in-app purchases. You will not be charged for any such uses of the Services unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Services.
    • Please be aware that your use of the Services requires and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
    • All payments for EJ Beyond 's Services on our Site, and/or payments for other services or deliverables provided by EJ Beyond pursuant to customer agreements or purchase orders, made available through the use of online credit card facilities are subject to the following conditions:
      • a)  If you wish to purchase any Service made available through the Site other services or deliverables provided by EJ Beyond pursuant to customer agreements or purchase orders, (each a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date) and your billing address.
      • b)  By submitting such information, you grant EJ Beyond the right to provide such information to a third-party service provider (the "Service Provider") for purposes of facilitating the completion of payment processing of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
      • c)  By using the Service Provider’s online credit card facilities you accept and consent to your personal data being provided to the Service Provider for sole purpose of offering and administering the online payment. We respect the privacy of every individual who visits our Site. Our Site has security measures in place to protect the loss, misuse and alteration of the information under our control.
      • d)  When you complete the online payment form, funds will be deducted from your credit card in USD currency. All payments are debited to EJ Beyond. Due to the way Transactions are processed by the a Service Provider, there may be delays of 1-3 days in updating your payment in EJ Beyond's records.
      • e)  Sales on this Site are subject to our Return Policy, as follows [in accordance with applicable Consumer protection laws].
      • f)  Our Service Provider accepts the following cards: Visa, Mastercard. Credit card payments are secure:
        • 1.  Transactions will be processed directly by our Service Provider using Secure Socket Layer (SSL) technology.
        • 2.  Credit card numbers are protected with a high level of encryption when transmitted over the Internet.
        • 3.  EJ Beyond LTD does not store in any way your credit card details.
      • g)  Confirmation:
        • 1.  If successful, you will receive a confirmation notice of your completed payment. EJ Beyond LTD will confirm your payment details via email.
        • 2.  If unsuccessful, you will be advised that your payment has failed. EJ Beyond LTD will not be advised why a payment has failed; therefore, you should contact your credit card provider for details.
        • 3.  If your payment fails, please arrange an alternative payment method promptly to ensure continuous use of EJ Beyond LTD services and products.
      • h)  Our Service Provider may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device.
      • i)  With respect to your online Transaction(s), you represent and warrant that:
        • 1.  You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18);
        • 2.  You have the legal right to use any payment card(s) or other payment method(s) utilized in connection with any Transaction;
        • 3.  The information supplied by you is true and correct.
      • j)  All transactions shall be carried out in accordance with applicable laws, including without limitation the cancellation of any payment which shall be subject to applicable contractual provisions (if any) and the provisions of the applicable consumers' protection law, as may apply in your country or region.
      • k)  You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
      • l)  It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any Service purchased from this Site. By placing an order, you represent that the Services ordered will be used only in a lawful manner.
      • m)  EJ Beyond reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Service; and (ii) ban any user from making or completing any or all Transaction(s).
  8. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving you any notice prior to or after making such changes to the Content. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
  9. Privacy. We will use any personal information that we may collect or obtain in connection with the Services in accordance with our privacy policy which is available at info@memoir-story.com
  10. ("Privacy Policy"), and you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the Services may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
  11. Copyright Policy. EJ Beyond respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EJ Beyond 's Copyright Agent the following information:
    • a)  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • b)  A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
    • c)  A description of where the material that you claim is infringing is located on the site, including the URL;
    • d)  Your address, telephone number, and email address;
    • e)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • f)  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    • Seeking EJ Beyond s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
      • By mail: info@memoir-story.com
    • g)  EJ Beyond s under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Services, including material you provide to us, and so we have an absolute right to remove any material from the Service in our sole discretion at any time.
  12. Access to Services and Accounts. We may take any of the following in our sole discretion at any time, and without giving you prior notice:
    • a)  Change or discontinue the Services;
    • b)  Change how we offer and operate Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge);
    • c)  Remove Content from the Services;
    • d)  Restrict, suspend or terminate your access to one or more Services or features thereof; and
    • e)  Deactivate your accounts and delete all related information and files in your accounts.
    • We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If EJ Beyond terminates your access to any of the Services, you must immediately stop using such Service. However, if you have paid for a subscription to any Service, and we discontinue the Service before the end of a paid subscription period, or we terminate your account before the end of a paid subscription period for reasons other than your breach of these Terms, we will terminate your access to the Services immediately and you will not be entitled to any refund.
  13. Warranty Disclaimers.
    • a)  THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
    • b)  WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE
      ERROR-FREE, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICES.YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
    • c)  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
    • d)  YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    • e)  YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICES USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY OTHER SERVICES USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
    • f)  Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
  14. Limitation of Liability.
    • a)  UNDER NO CIRCUMSTANCES SHALL EJ BEYOND BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES EVEN IF EJ BEYOND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN ANY EVENT, EJ BEYOND’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULT
      FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO EJ BEYOND FOR USING THE SERVICES WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
  15. Indemnity. You agree to defend, indemnify and hold harmless EJ Beyond and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services; (ii) your User Submissions; (iii) your violation of these Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
  16. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Services nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  17. Updates and Upgrades. We may from time to time provide updates or upgrades to the Services (each a "Revision"), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Services. All references herein to the Services shall include Revisions. These Terms shall govern any Revisions that replace or supplement the original Services, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
  18. Third Party Open Source Software. Portions of the Services may include third party open source software that are subject to third party terms and conditions ("Third Party Terms"). A list of any third party open source software and related Third Party Terms is available at: info@memoir-story.com If there is a conflict between any Third Party Terms and the terms of these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.
  19. Third Party Sources and Content.
    • a)  The Services may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The Services may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party websites and services; and (ii) our partners and customers.
    • b)  We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
    • c)  We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
    • d)  By using the Services you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
    • e)  You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against EJ Beyond, and release EJ Beyond from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly
  20. Messages. The Services may permit you to send messages to a Third Party Source or to other users ("Messages"). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, software or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 21 (User Submissions) below shall also apply to Messages that you send via the Services.
  21. User Submissions.
    • a)  The Services may permit the hosting, sharing, posting, and publishing of content by you and other users ("User Submissions"). Your User Submissions may be posted to the Services. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them on other platforms. You will be responsible for providing information regarding who will have permission to view your User Submissions by providing us with the following details: phone number, email. You may only provide such personal information to us for which you have the full consent and authority to provide to us for the purpose of our Services as set forth herein below in sub-section (b). We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time should we deem the content to be inappropriate for any reason.
    • b)  Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by these Terms. You retain all of your ownership rights in your User Submissions.
    • c)  License to User Submissions. Subject to these Terms, by submitting the User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display, and perform the User Submissions only in connection with the Services, including without limitation formatting and/or editing part or all of your User Submissions so that we can make it available on our platform.
    • d)  Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Services as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of EJ Beyond, our users or the public.
    • e)  Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
      (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches these Terms.
  22. Term and Termination.
    • a)  These Terms are effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Services; and/or (ii) terminate these Terms and your use of the Services with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of these Terms or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.
    • b)  Upon termination of these Terms, you shall cease all use of the Services. This Section 22 and Sections 7 (Intellectual Property Rights), 10 (Privacy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), 18 (Third Party Open Source Software), 23 (Assignment), and 26(General) shall survive termination of these Terms.
  23. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by EJ Beyond without restriction or notification. Any assignment may entail termination of your access to the Services
  24. Modification. We reserve the right, at our discretion, to modify these Terms at any time by. Such change will be effective 10 days following posting of the revised Terms on the Services, and your continued use of the Services thereafter means that you accept those changes.
  25. Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
  26. General. These Terms, and any other legal notices published by us in connection with the Services, shall constitute the entire agreement between you and EJ Beyond concerning the Services. In the event of a conflict between these Terms and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  27. Distributor Requirements and Usage Rules.
    • a)  Apple. If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in these Terms:
    • You acknowledge and agree that:
      • a)  these Terms is concluded between EJ Beyond and you only, and not with Apple, and you are solely responsible your use the App and the content thereof.
      • b)  your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into these Terms.
      • c)  the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other
        Apple-branded product that you own or control and that runs the iOS;
      • d)  EJ Beyond is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
      • e)  EJ Beyond is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EJ Beyond 's sole responsibility;
      • f)  EJ Beyond, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
      • g)  In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
      • h)  Apple, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
      • i)  By entering into these Terms you, to the extent legally permitted, hereby waive any applicable law requiring that these Terms be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
  28. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  29. If you have any questions, complaints, or claims regarding the App, please contact support at: Email: info@memoir-story.com
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