Preamble
This terms of service governs your use of the Memoirs application (“Service“) owned and operated by Speedview Communications Limited, Nigerian company registration number 1092198 business address: 12, Industrial Avenue, Ilupeju, Lagos (”Speedview Communications Limited“, ”we“ or ”us“).
Service Description
Our Service provides you with platform to view your school/organization yearbooks and connect with other stakeholders within your school community.
Our Service may be included in certain third-party applications (“Application“) that you have installed. You will be notified if an Application includes our Service, so that you can decide whether to use the service or not.
By using the Service you expressly state that you fully accept the terms of service and any other terms and conditions which are incorporated herein by reference. If you do not fully accept the terms of service, you cannot use our Service.
License
Speedview Communications Limited gives you the non-exclusive and not transferable right to access and to use the Service in connection with installing the Application.
You may only use the Service for your personal use within the intent to connect and relate with your school community. The access to the Service as well as the use of the Service will only be given on the basis and after the unconditional acceptance of the terms of service and any other terms and conditions which are incorporated herein by reference. Other rights regarding the Service on whatever legal basis are not granted.
You are not entitled (i) to use the Service for commercial purposes or (ii) to grant, transfer, sell, lend or make available in any manner any rights regarding the Service to third parties except and of course your school community. Granting sublicenses is also not allowed. You are not entitled to store or install a copy of the Service outside of the purposes herein stated.
Proprietary Rights
You herewith confirm that you are aware that Speedview Communications Limited is the exclusive owner of the Service as well as of all and any rights connected thereto, especially property rights and copyrights.
Collection of Information
In order to provide you with the Service, we may access your mobile device and gather certain information. To see what information, you share with Speedview Communications Limited and how this information may be used by Speedview Communications Limited, please see our Privacy Policy.
If you want to disable Speedview Communications Limited access to your device, you can terminate the Service by disabling it in the settings of the Service at any time.
Advertisement
Related Advertisement may be displayed on Memoirs Application with Google’s guidelines for content rating and reflects the maturity rating of the Application in which our Service is included.
Speedview Communications Limited excludes sensitive categories including but not limited to advertisements containing gambling or sexually explicit content, violence and bullying, or “hate speeches” via the Service. Speedview Communications Limited does not have full control over advertisements and makes no representation or warranties of any kind regarding the content of the advertisements. Speedview Communications Limited is not liable in any manner or any case for advertisements. Even in case of errors or by accident, Speedview Communications Limited is not liable for advertisements even if regarding sensitive content.
Scope of Liability and Warranty, Indemnification
Speedview Communications Limited shall not be liable for damage unless it was caused by Speedview Communications Limited or its representatives with willful or gross negligence. Any liability for personal injuries shall remain unaffected thereby. Any liability for third-party damages, consequential damages, and loss of profits shall be excluded. Speedview Communications Limited shall not be liable for the content of the data transmitted and the content of data that may be accessed via the Service.
Speedview Communications Limited will also not be liable in any way for network-related problems.
Speedview Communications Limited operates the Service with the utmost care, reliability, and availability. However, Speedview Communications Limited does not warrant that the Service will be available without interruption, that the desired connections can be established at all times or that the information transmitted is always correct, accurate, and complete.
Speedview Communications Limited makes no representation that the Service is available to you in any particular location. You are obliged to comply with all legal or contractual obligations and shall hold Speedview Communications Limited harmless in this regard.
You agree to indemnify, hold harmless and defend Speedview Communications Limited and all related persons, entities, agents, etc. from and against any action, claim, demand, dispute, or liability arising from or relating to any negligence or willful misconduct of you or related persons, entities, agents, etc., your breach of this agreement, any allegation that the application infringes a third party’s copyright or any intellectual property right or any misrepresentation of you.
You confirm, that you agree that Speedview Communications Limited shall have the unrestricted right to participate in the defense in any of the above-mentioned cases through counsel of his own choice.
Should the restrictions of the warranty and liability of Speedview Communications Limited be in breach of mandatory statutory provisions, all warranty and liability obligations shall, in terms of scope, be reduced to the statutorily admissible minimum extent.
Termination
You are entitled to terminate this Agreement at any time by disabling the Service in the settings on the Application. Your right to disable the Service does not include the right to termination or disabling of other end users affiliated to you or your organization on our platform.
Speedview Communications Limited is entitled to terminate your right of usage of the Service after a notice duly served to your email address on-file on the Application. This right of termination shall be executed only when user’s activities on the platform are considered inimical and injurious to other users on the platform and will not be unreasonable.
Speedview Communications Limited reserves the right to stop the projection of school/organisation information; yearbooks, update, etc, on the Application after three (3) months, one (1) month and one (1) week in case of annual, quarter and monthly subscription respectively, without renewal. However, your data will be kept save in our database for a period of one (1) year for the purposes of retrieval.
The right of usage will automatically end if you violate or fail to comply with the Terms of Service of this Application.
Miscellaneous
Speedview Communications Limited reserves the right to freely assign and transfer the rights and duties under these terms and conditions to any third party.
All amendments and supplements to the license terms shall be made in writing. The same shall apply to any deviation from this requirement of form.
Should any provisions of this agreement be or become ineffective, invalid, or unenforceable, this shall not affect the effectiveness, validity, or enforceability of the remaining provisions. In the case of ineffectiveness, invalidity, or unenforceability of any of these provisions, a provision which is neither ineffective nor invalid or unenforceable and which in its economic result comes closest to the provision to be replaced shall be agreed upon between the parties to this agreement.
The local city court of your local jurisdiction shall have jurisdiction regarding any disputes; applicability of your local law shall be deemed agreed and CISG and the conflict of laws rules of private international law shall be excluded.
Last updated: July 2023