MYMEERO TERMS OF SERVICE
Last updated on December 18th 2019. These MyMeero Terms of Service (“MyMeero Terms”) govern Your use of MyMeero.com (“MyMeero”), operated by Meero SAS and its affiliates (“Meero” or “we”). MyMeero is a platform that allows individuals to interact with customers, manage Your business, and engage with the global photographer community (“MyMeero Services”).
MyMeero is a subscription-based service for individuals (“You”). If You intend to use MyMeero on behalf of Your employer, a business or other legal entity, then all references to You are also references to such business, and said employer, business, or legal entity is bound by these Terms.
Please read these MyMeero Terms carefully.
Individuals who wish to access MyMeero and use the MyMeero Services (“Photographers”) may create an account on MyMeero.com (a “User Account”). It is also possible to access MyMeero Services through a user account created on Meero.com. Such access to and use of MyMeero by a Meero.com account holder will be governed by these MyMeero Terms. You may create only one User Account on MyMeero.
Please note that You must be at least 18 years old to create a User Account.
By creating a User Account, You represent and warrant that any information You provide in connection with Your registration for and use of MyMeero and MyMeero Services is and will remain true, accurate, and complete, and that You will maintain and update such information regularly.
You may not share Your User Account password, or similarly confidential information, with anyone else. You are solely responsible for maintaining Your User Account’s confidentiality and security.
By using MyMeero Services, you may:
- interact with Your customers by providing them with links to Your photographs;
- give Your customers access to documents, for example a license agreement or a contract;
- enter into contracts with Your customers; and execute them electronically.
- store Your customer’s photos;
- invoice your customers.
You are solely responsible for any content You upload to MyMeero, including, without limitation, Your visual and/or audio visual media, documentation, commercial, licensing, and/or contractual information(“Your Content”). If You are not the sole owner of Your Content, You must obtain all rights necessary for You to transmit Your Content to MyMeero.
You represent and warrant that(1) You own or have the requisite rights to transmit Your Content to MyMeero and use Your Content on MyMeero; (2) Your Content does not violate MyMeero Terms, or any third party’s rights (including, without limitation, copyright, trademark, and privacy rights);and (3) Your Content is not subject to any restriction on disclosure, transfer, transmission, download, export, or re-export under any applicable laws.
We are not owners of Your Content. So that we may provide MyMeero, the MyMeero Services, and/or any MyMeero products, offerings and/or other features, you hereby give us and our affiliates a worldwide, perpetual, royalty-free, non-exclusive, transferable, sub-licenseable, assignable, unlimited license to use Your Content in connection with MyMeero, including, without limitation, the rights to store, reproduce, distribute, translate, study, adapt, modify, display, create derivative works from, and perform (publicly or otherwise) all or part of Your Content.
Any transactions You conduct with Your customers via MyMeero are solely between You and your customers, and MyMeero is in no way responsible for Your relationship with Your customers. You are solely responsible for (A) all clearances necessary for you to distribute any content to Your customers, (B) any contractual terms you enter into with Your customers, (C) Your relationships with the customers with whom You interact on MyMeero; (D) for any decisions You make regarding MyMeero and/or Your customers, (E) complying with all applicable laws (including privacy and data protection laws) related to Your customers(and any related transactions), and (F) for any liabilities related to Your customers and Your relationships with such customers.
You acknowledge and agree that any link generated by MyMeero that You send to Your customers may be shared by third parties. We do not control such sharing or take any responsibility for how the link is utilized.
Documents provided by MyMeero
MyMeero provides information and software only. Documents provided on MyMeero are for informational purposes only, and You should consult with an attorney if You have any questions about such documents. MyMeero is not a "lawyer referral service" and does not provide legal advice or participate in any legal representation. MyMeero is not a law firm or a substitute for an attorney or law firm. Nothing in the documents provided on MyMeero shall be considered legal advice and no attorney-client relationship is established.We provide information and software and You are responsible for appropriately using this material. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms, or strategies.
MyMeero contains a community section that allows You to interact with other MyMeero users and to transmit additional content to MyMeero. Any such content is deemed Your Content under these MyMeero Terms.
We are not responsible for or endorse any content that is posted in the community section. When using the community section of MyMeero, please honor all the restrictions set forth in MyMeero Terms and elsewhere on MyMeero, including the following rules of conduct:
- Do not post violent, discriminatory, unlawful, infringing, hateful, pornographic photos or other content;
- Do not abuse, harass, stalk, intimidate, threaten, commit violence, defame, bully, abuse, harass, or impersonate other users, or otherwise act unlawfully, or encourage anyone else to do so;
- Do not post private or confidential information (such as credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses).
MyMeero has no obligation to monitor, moderate, and/or filter content in the community section. Meero reserves the right to edit, remove, delete or refuse any such content for any reason and without notice.
MyMeero contains a Discovery section where You may encounter Meero or third party content, such as instructional videos or photographs. Third party content belongs to third parties, and we are not responsible for its content, continuity and/or availability. In addition, You are not permitted to use such third-party content unless You receive permission from the owner of such third-party content.
By using MyMeero, You agree to comply with all laws, rules and regulations, whether federal, state, local or provincial, applicable to Your use of MyMeero, and to any content You transmit to and/or through the MyMeero, including, without limitation, copyright laws and data protection laws and/or regulations.
Regarding Your content and Your User Account, you may not:
- create a User Account if we have deactivated or deleted a User Account associated with you in the past;
- transmit or share content that contains child sexual abuse imagery or constitutes hate speech;
- transmit obscene, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, defamatory, libelous, slanderous, or otherwise unlawful materials;
- transmit or share content that contains child sexual abuse imagery or constitutes hate speech;
- impersonate a person or entity, or falsely claim affiliation with any person or entity;
Regarding Your content and Your User Account, you may not:
- remove or alter any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
- access (or attempt to access) any non-public areas of MyMeero;
- interfere with any access or use restrictions, or prevent (or attempt to prevent) another user from accessing or using MyMeero, or disrupt the MyMeero or the MyMeero Services;
- use any robot, spider, or other automated means to access or scan MyMeero and/or the MyMeero Services, frame or mirror any part of MyMeero and/or the MyMeero Services, or create a competitive business to Meero Services;
- use any data mining or data gathering or extraction methods, or otherwise collect information about MyMeero and/or the MyMeero Services, and/or its visitors and/or users;
- collect or store personal information about any person or entity;
- send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
- attempt to probe, scan, compromise or test the vulnerability of the MyMeero Website and/or the MyMeero Services, system or network or breach any security or authentication;
- reverse engineer or decompile any (part) of MyMeero and/or the MyMeero Services;
- decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of MyMeero and/or the MyMeero Services;
- resell, sublicense, rent, lease, offer or otherwise commercialize any MyMeero Service, offering, product and/or feature ;
- use MyMeero and/or the MyMeero Services for any illegal or unauthorized purpose.
Meero reserves the right to remove or block access to Your Content for any reason, and reserves the right to delete Your Content, in each instance without any liability to You.
In the event Meero discovers that Your Content includes child sexual abuse imagery, we will report such imagery to the competent authorities, and Your MyMeero account and/or any other Meero website(s) account(s) will be immediately suspended.
Meero follows all applicable copyright laws and takes copyright infringement extremely seriously. Meero will process copyright complaints submitted to us under applicable copyright legislation at firstname.lastname@example.org. When sending a complaint, please provide the following information:
- Your contact details, including Your full name, address, phone number, and email address;
- Identification of the applicable copyrighted work and its location on MyMeero (a link to the photograph, for example);
- A statement attesting that You believe in good faith that use of the copyrighted work You have identified is not authorized (whether by the owner, the owner’s agent, or the law); and
- any further information required to process Your complaint, and/or any further information required by the applicable law under which You are making Your complaint.
We will respond to complaints in the order we receive them. Sending multiple complaints will not accelerate the process. Please note that information concerning the complaint, including Your full name, email, address, and other information, will be forwarded to the user implicated in the complaint. If You would prefer that Your information is not disclosed, You may appoint an agent to file the complaint on Your behalf.
PROMOTIONS AND CONTESTS
Meero may periodically feature sweepstakes, contests, raffles or similar promotions (“Promotions”) via the MyMeero. Such Promotions may be governed by rules separate from these Terms. In the event Promotion rules conflict with these Terms, the Promotion rules shall control, but solely in connection with the Promotion.
You may disactivate Your User Account at any time by going logging into Your User Account and choosing the option in Your account settings.
In the event that You disactivate, Meero will not be responsible for the continued storage and/or subsequent loss of any information, content or media on Your account.
We may suspend Your access to Your User Account and all the rights granted to You under these Terms if You have failed to make applicable payment(s) when due, or if an applicable payment is overdue. If we suspend your User Account because of failure to make payment, You will not be entitled to any kind of reimbursement or refund.
Please be advised that User Account disactivation does not terminate any separate agreement that You have signed with Meero.
We may terminate Your User Account and all the rights granted to You under these Terms if, in our sole discretion, or we deem such termination to be in the best interest of Meero. In such an event, we may, without any liability to You, delete Your User Account and all information and content associated with it. If we terminate Your User Account because You have failed to comply with MyMeero Terms, You will not be entitled to any kind of reimbursement or refund.
THIRD PARTY SERVICES
Please be aware that third party vendors may charge a fee in connection with processing payments.
MyMeero offerings, products, and features are constantly being developed and improved. As a result, and in Meero’s sole discretion, some features (whether or not identified as beta) may be modified, temporarily removed, and/or discontinued. We are not liable to You in the event any offering, product and/or feature on MyMeero and/or the MyMeero Services becomes temporarily or permanently unavailable.
You will indemnify, hold harmless, and, at our request, defend Meero and itsAffiliates, agents, licensors, suppliers, and each of their respective officers, directors and employees (each an “Indemnitee”) against any and all losses, costs, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by such Indemnitees by reason of any third party claim, suit or proceeding arising out of or in relation to (A) Your Content (including, without limitation, any assertion that Your Content(or use of the foregoing) infringes or may infringe a third party’s rights or violates the MyMeero Terms, including, without limitation, these MyMeero Terms and/or (B) your customers (each, an “Indemnified Claim”). In the event of an Indemnified Claim, (y) You will not agree to any settlement without our prior written consent, and (z) we will have the right to participate, at our own expense and with counsel of our own choosing, in the defense of any Indemnified Claim.
LIMITATION OF LIABILITY
MYMEERO AND THE MYMEERO SERVICES ARE PROVIDED ENTIRELY “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEERO DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT). MEERO DOES NOT WARRANT THAT THE OPERATION OF MYMEERO AND/OR MYMEERO SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT ANY ERRORS OR FAILURES WILLBE CORRECTED. MEERO IS NOT RESPONSIBLE OR LIABLE FOR THE LOSS OF OR DAMAGE TO YOUR CONTENT, OR THE IMPACT THAT ANY PROBLEMS YOU ENCOUNTER ON MYMEERO AND/OR MYMEERO SERVICES MAY HAVE ON YOUR RELATIONSHIP WITH YOUR CLIENTS. YOU USE MYMEERO AND/OR MYMEERO SERVICES AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS, INCLUDING LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, (1) IN NO EVENT WILL MEERO BE LIABLE TO YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL MEERO BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF MEERO FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS, HOWEVER CAUSED, ARISING FROM OR IN RELATION TO MYMEERO OR MYMEERO SERVICES WILL NOT EXCEED $500 OR THE AMOUNT YOU PAID TO MEERO FOR MYMEERO SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
We reserve all rights not expressly granted to You in these Terms. For the avoidance of doubt, Your access is to MyMeero through which you may use the MyMeero Services, and we do not grant You any license to our software, trademarks, trade names, or logos.
These MyMeero Terms are governed by the laws of France. You agree to the non-exclusive jurisdiction of the commercial court of Paris in Paris, France, for any action or proceeding arising out of or related to MyMeero Terms.Any disputes arising under or in connection with the MyMeero Terms (including any of the policies referred to herein) and/or in connection with MyMeero and/or MyMeero Services shall be governed by and construed in accordance with the laws of the France, without regard to its conflict of law provisions. Specifically excluded from application to MyMeero Terms is the United Nations Convention on the International Sale of Goods.
Independant Contractor Relationship
The parties' relationship to each other under these MyMeero Terms is strictly that of independent contractors, and nothing in these MyMeero Terms will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture, or other relationship.
Meero may contact You regarding the administration of Your User Account and/or important changes to these MyMeero Terms via the email address You provided upon registration.
Meero may make changes or updates to MyMeero Terms at any time, in its sole discretion, and such amended MyMeero Terms will go into effect once posted on MyMeero.com. Your continued use of the MyMeero and/or the Meero Services after the such time will be deemed an acceptance of the changes. If the changes we make are material, we will notify You through reasonable means (for example, by posting a notice of the change on MyMeero.com, or by sending a notice to Your email address). If You do not accept the amended MyMeero Terms, You may discontinue Your use of MyMeero.com.
The section headings used in MyMeero Terms are for convenience only, and will not be given any substantive effect.
The rights You grant to Meero under MyMeero Terms will remain in effect even if You stop using MyMeero.
If for any reason a court of competent jurisdiction finds any provision of MyMeero Terms (or any portion thereof) to be unenforceable, that provision (or any such portion) will be enforced to the maximum extent permissible so as to effect the intent of MyMeero Terms, and the remainder of MyMeero Terms will continue in full force and effect.
You may not assign or delegate MyMeero Terms or any of Your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that Meero may assign or sub-contract any of its rights or obligations under these MyMeero Terms.