Terms and Conditions

Last Modified: January 22, 2019

1. Acceptance of these App Terms

  • These terms of use are entered into by and between the person or entity using the App (“you”) and Knew-memories (“Company,” “we” or “us”), individually a “party” and together the “parties.” The following terms and conditions (these “App Terms”) govern your access to and use of Knew-memories, including any content and functionality offered on or through Knew-memories (the “App.”) Reference is made as necessary to the story writing and other services offered by the Company through the App (the “Service.”)
  • Please read these App Terms carefully before you start to use the App. By using the App, you agree to be bound and abide by these App Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these App Terms or the Privacy Policy, you must not access or use the App.

2. Changes to these App Terms

  • We may revise and update these App Terms from time to time in our sole discretion. All changes will be posted on the App and by changing the date of last revision on these App Terms. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.
  • Your continued use of the App following the posting of revised App Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the App

  • We reserve the right to withdraw or amend the App, and the Service or content we provide on the App, in our sole discretion without notice. You waive and release us from liability if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users.
  • You are responsible for:
    • Making all arrangements necessary for you to access to the App.
    • Ensuring that all persons who access the App through your internet connection are aware of these App Terms and comply with them.

4. Intellectual Property Rights

  • The App and its ideas, creative works, distinctive marks, contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such assets and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree that you will not do anything inconsistent with such ownership.
  • These App Terms grant you a limited license to use the App for your personal, non-commercial use only. You must not reproduce, duplicate, copy, sell, resell, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on our App, except as follows:
    • Your phone may temporarily store copies of such content in device memory incidental to your accessing and viewing that content.
  • You must not:
    • Disassemble, reverse engineer or decompile the App or any part thereof, or permit any other person to do so.
    • Frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of the Company.
    • Use any meta tags or any other “hidden text” using the Company’s name or trademarks.
    • Delete or alter any copyright, trademark or other proprietary rights notices from, or otherwise modify, copies of content from this site.
  • You must not access or use for any commercial purposes any part of the App or the Service or content available through the App, except that institutions providing care to individual users may, to the extent that Company has granted access to each such institution, access or use stories resulting from their use of the Service for each such institution’s internal commercial purposes.
  • You will require our express written consent if you wish to make any use of content on the App other than that set out in these App Terms. To request our consent, please address your request to knew-memories@gmail.com.
  • If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of these App Terms, your license to use the App will terminate immediately and you must, at our option, return or destroy any copies of the content you have made. No right, title or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these App Terms is a breach of these App Terms and may violate copyright, trademark and other laws.
  • Copyright Infringement. If you believe any content accessible on or from the App infringes your copyright, you may request removal of that content (or access to them) from the App by submitting written notification to our copyright agent designated below.
    • In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA,”) the written notice (the “DMCA Notice”) must include substantially the following:
      • Your physical or electronic signature.
      • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works.
      • Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content.
      • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
      • A statement that you have a good faith belief that use of the copyrighted content is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the written notice is accurate.
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

5. Prohibited Uses

  • You may use the App only for lawful purposes and in accordance with these App Terms. You agree not to use the App:
    • In any way that violates any applicable federal, state, local, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • To transmit, or procure the sending of, any advertising or promotional content, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
  • Additionally, you agree not to:
    • Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App, including their ability to engage in real time activities through the App.
    • Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the content on the App.
    • Use any manual process to monitor or copy any of the content on the App or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the App.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.
    • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the App.
    • Monitoring and Enforcement; Termination

6. We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
  • Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these App Terms.
  • We do not review content before it is posted on the App and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section 6.

7. Reliance on Information Posted

  • The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
  • The App includes content provided by third parties, including content provided by other users. All statements and/or opinions expressed in this content, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing this content. This content does not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

8. General Provisions

  • Changes to the App. We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the content on the App may be out of date at any given time, and we are under no obligation to update such content.
  • Information About You and Your Visits to the App. All information we collect on the App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  • Links from the App. If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Apps linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.
  • Geographic Restrictions. We provide the App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

9. Disclaimers

  • You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. You waive and release us from any liability, loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the app or service or items obtained through the app or to your downloading of any material posted on it, or on any app linked to it.
  • Your use of the app, its content and the service or any items obtained through the app is at your own risk. The app, its content and the service or any items obtained through the app are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the app. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the app, its content or the service or any items obtained through the app will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the app or the service or any items obtained through the app will otherwise meet your needs or expectations.
  • The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
  • The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

10. Limitation on Liability

  • In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the app, any apps linked to it, any content on the app or such other apps or the services or any items obtained through the app or such other apps, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • In no event will the collective liability of the company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to the company for the applicable service in the last twelve (12) months out of which liability arose.
  • The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

11. Indemnification

  • You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these App Terms or your use of the App, including, but not limited to, any use of the App's content and Service other than as expressly authorized in these App Terms or your use of any information obtained from the App.

12. Governing Law and Jurisdiction

  • All matters relating to the App and these App Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction).
  • Any legal suit, action or proceeding arising out of, or related to, these App Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the District of Columbia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  • Any cause of action or claim you may have arising out of or relating to these terms of use or the App must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

13. Waiver and Severability

  • No waiver of by the Company of any term or condition set forth in these App Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these App Terms shall not constitute a waiver of such right or provision.
  • If any provision of these App Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these App Terms will continue in full force and effect.

14. Entire Agreement

  • These App Terms and our Privacy Policy constitute the sole and entire agreement between you and Knew-memories with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.
  • In the event of any inconsistency between the provisions of these App Terms and the provisions of the Privacy Policy, the provisions of the Privacy Policy shall control.

15. Your Comments and Concerns

  • The App is operated by Knew-memories.
  • All notices of copyright infringement claims should be sent to the copyright agent designated in section 4.7 of these App Terms in the manner and by the means set forth therein.
  • All other requests for technical support and other communications relating to the App should be directed to knew-memories@gmail.com.