It is the responsibility of all purchasers, customers, members, subscribers, agents and distributors to read these Terms and Conditions before making any purchase or entering into any agreement or contract with our website.
This website is owned and operated by Memeplex Ltd ("us", "we" and our"), incorporated in the United Kingdom.
Your access to and use of this website is subject to these terms and conditions, and any notices, disclaimers or other terms and conditions or other statements contained on this website (referred to collectively as "Terms and Conditions"). By using this website you agree to be subject to the Terms and Conditions.
The following terms and conditions regulate the access to and use of the Services (as defined below). Please review the terms and conditions carefully.
In order to use the Services you must unconditionally consent to and accept these terms and conditions (including those regulating the processing of personal data) by ticking the "I agree" box by the end of this terms and conditions whereby you are entering into a legally binding agreement with Memeplex Ltd.
In these terms and conditions, certain definitions shall have the meanings set forth below. Additional definitions are also provided else-where in these terms and conditions.
"Agreement" means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time.
"Consumer" means as defined in article 2 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts.
"Directive on electronic commerce" means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.
"Services" means the web based features and services included in ProClub, whether for your personal ProClub.com/yourname profile, or general browsing and usage of the site.
Only individuals that are 18 years or older are permitted to use the Services that are free of charge. The Website is not intended for children under the age of 18. Memeplex Ltd does not target its Services or the Website to children under the age of 18.
Memeplex Ltd does not knowingly collect Personal Data (defined below) from children under the age of 18.
You warrant that any Content ("URLs" or "bubs") posted, shared or submitted by you for the use of ProClub complies with this Agreement and all applicable laws, codes and good practices, including but not limited to that the Content does not:
(i) constitute inciting rebellion, agitation against an ethnic group, child pornography crime or unlawful depiction of violence;
(ii) infringe in any third party IPR or trade secret; or
(iii) invade the privacy or publicity of any living person.
(A) Memeplex Ltd's Services merely provides you with a technical application for sharing websites and URLs that you find interesting. You agree and acknowledge that you must evaluate and bear all risks associated with the publishing of this content. You further agree and acknowledge that Memeplex Ltd does not pre-screen the Content that users publish.
Memeplex Ltd assumes no responsibility or liability for any errors, costs, loss, disclosure of or related to content sharing, any of the ProClub services, or other information or data not being transferred to or published on ProClub or onto another site, or caused by malfunction in a transfer facility.
Memeplex DISCLAIMS ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES APPLICABLE TO THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICES.
(B) Memeplex Ltd is not liable for any delay in performance of its obligations under this Agreement caused by circumstances that were not reasonably foreseeable by Memeplex Ltd at the time of entering into this Agreement and the effects of which could not reasonably be avoided or overcome, including but not limited to disruption or delay in external networks or telephony connections or shortage in power supply. Memeplex Ltd shall not in any case be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement or use of ProClub, even if we have been advised of the possibility of such damages, and regardless of the legal theory on which any such damages may be based.
We will comply with obligations imposed on us by applicable Data Protection legislation. We shall use personal information provided by you in accordance with the provisions of our Privacy Agreement.
To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to re-supplying this website or any part of it to you, or to paying for the re-supply of this website or any part of it to you.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
These Terms and Conditions are governed by the law in force in the United Kingdom, and the parties irrevocably submit to the non-exclusive jurisdiction of the UK courts for determination of any dispute concerning the Terms and Conditions.
Whilst we have made every effort to ensure the accuracy of the information on this website, the information given on the website is subject to change, often without notice.
These terms and conditions can be modified at any time by us and you agree to continue to be bound by these Terms and Conditions as modified. We will give you notice of these changes by publishing revised Terms and Conditions on this website - we will not separately notify you of these changes.
We do our best to insure that the website is available 24 hours per day but we cannot be held liable if for any reason the site is not available.
The information we provide on this website is not meant for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. This includes any intellectual property violation against us or the lawful owner by you.
Anytime you decide to click on any link to any site from our site, it doesn't mean that we have checked these other sites. You must use links at your own risk.
If you say or put up any information anywhere on our site or promote content or URLs using ProClub, you and you alone will be held responsible for any law you break by doing so. Bottom line: don't publish anything illegal on, or via, our site or try to offend anybody with any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty or profane material.
Because it's our site and we may need to change things on it from time to time, we do reserve the right to change these terms and conditions without notice.
But don't worry…you can check for updates to this disclaimer or our policies at any time just by visiting this page.
Of course the content of this website is copyright protected so this means that it may not be copied or reproduced in any way or for any reason, without our express written permission.
If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the Terms and Conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
All copyright, database rights, trademarks and other intellectual property rights in the content of this website belongs to us or a third party including our licensors. This content may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual property of either ourselves or a third party.
Any third party intellectual property used by us in the content of our website should not be interpreted as meaning that the third party owner sponsors, endorses or is in any way affiliated with us or with our business, nor that they make any representation regarding the advisability of our products.
Except where necessary in order to view the information on this website on your browser, or as permitted under UK law or these Terms and Conditions, no information or content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
We have the right to terminate your use of this website or any subscription, membership, agency or distributor agreement if we determine in our sole discretion that you have breached the Terms and Conditions.
ProClub allows its users to provide links to other, external web sites that provide information which they may find useful.
While we do not proactively review each website that is added, we do reserve the right to remove any links and websites we find are not suitable to our purposes.
Specifically, external web sites will generally not meet our purposes if they contain, suggest, or infer any of the following:
1. Advocacy of or opposition to any politically, environmentally, or socially controversial subjects, issues, or candidates.
2. Disparaging or promoting any person or class of persons.
3. External content not suitable for readers or viewers of all ages, or links to or other promotion of businesses whose
4. products or services are not suitable for persons of all ages.Promoting or inciting illegal, violent, or socially undesirable conduct.
5. Promotion or availability of alcohol or tobacco products.
6. Promotion or availability of illegal drugs.
7. Promotion or availability of adult or sexually oriented entertainment or materials.
8. Promotion, opposition, or availability of weapons.
9. Promotion, opposition, or availability of gambling.
10. Claims of efficacy, suitability, desirability, or other non-objective statements about businesses, products, or services.
11. Content that infringes on any trademark, copyright, or patent rights of another.
12. Claims or representations in violation of advertising or consumer protection laws.
13. Content that a reasonable citizen may not consider to maintain the dignity and decorum appropriate for government.
This list is a nonexclusive list. Our external link policy applies only to web sites outside of our own.
Procedures will be put in place by the webmaster in order to monitor the implementation and continuing oversight of this policy.
We reserve the right, at our sole discretion and without explanation, to withdraw at any time any external content for any reason.
Nothing in this Agreement or your use of the Services shall in any way constitute any agency, association, partnership, joint venture or employee-employer relationship between you and Memeplex Ltd. You shall not have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of the other, or to bind Memeplex Ltd in any manner.
You agree to indemnify and hold Memeplex Ltd and its affiliates harmless, to the extent permitted by applicable law, from all loss and expenses, including reasonable attorney's fees, which are based on or arise from your violation of any of the provisions of this Agreement.
Memeplex Ltd reserves the right to modify, suspend, discontinue or restrict access to any portion of ProClub and/or its Services at any time without notice and for any reason and will not be liable to you in any way for possible consequences of the aforesaid.
Memeplex Ltd may change, amend or modify any of these terms or conditions, at any time and in Memeplex Ltd's sole discretion.
Changes will be notified by posting a change notice on the Website that is visible when users log-on for the first time after a change has been made and by e-mail to you. All such modifications shall have effect thirty (30) days after notice, unless indicated otherwise. If you do not consent to any changes in these terms and conditions you must terminate this Agreement. Your continued use of the Website and Services will be subject to the then current terms applicable to the Website.
At all times any and all information on, or product purchased from, this website, is for educational purposes only and is under no circumstance intended to provide financial advice. No guarantee is represented from any statements about profits, cost, or income, whether express or implied. You will at all times accept the full responsibilities for all of your actions, including but not limited to profit or loss. You agree to hold us, the site legal owners, and any authorized distributors of this information at all times harmless in any and all ways. By using our product(s) and website this constitutes your acceptance of our user agreement.
You agree by using this site and accepting our terms and conditions of purchase that you agree that you, and you alone, must ensure that the use of any of the materials purchased from our site in any manner or form at all, is in compliance with your national, local, federal, state or county laws.