Last Modified: 2016-04-19
Memosnag, inc (from now on: memosnag, we or us) is a U.S. company and subject only to U.S. laws and jurisdiction. These Terms of Service (and any other terms, policies, or guidelines that we provide to you) are currently only available in English.
Howdy! Welcome to memosnag’s Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and memosnag. We've also included several annotations that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We’ve tried to be fair and straightforward. Please feel free to contact us if you have any questions or suggestions!
1. Accepting the Terms of Service Please read these Terms of Service and our Community Guidelines (collectively, the "Agreement") carefully before using memosnag.com (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by memosnag, inc (all of those collectively with the Site, the "Services"). By using or accessing the Services, you ("snagger" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Services.This section also includes an agreement where you're agreeing to agree to the terms of this agreement.
2. Modifications to this Agreement Memosnag reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your memosnag Gallery or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time memosnag received your prepayment. As memosnag grows and improves, we might have to make changes to these Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions. To see old versions, scroll down to the end of this document.
3. Use of the Services Eligibility:
No individual under the age of thirteen (13) may use the Services, provide any personal information to memosnag, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address). You may only use the Services if you can form a binding contract with memosnag and are not legally prohibited from using the Services. You have to be at least 13 years old to use memosnag. We're serious: it's a hard rule, based on U.S. federal and state legislation. No exceptions. Service Changes and Limitations:
You may not, without express prior written permission, do any of the following while accessing or using the Services: (a) tamper with, or use non-public areas of the Services, or the computer or delivery systems of memosnag and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by memosnag (and only pursuant to those terms and conditions) or unless permitted by memosnag's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any snagger, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services. Don't do bad things to memosnag or to other users. Some particularly egregious examples of "bad things" are listed in this section.
4. Registration, memosnag URLs, and Security
As a condition to using certain of the Services, you may be required
to create an account (an "Account") and select a password and memosnag
You agree to provide memosnag with accurate, complete, and updated registration information, particularly your email address. It's really important that the email address associated with your memosnag account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify memosnag immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
6. Content and Snagged Content Definitions:
For purposes of this Agreement: (1) the term "Content" means anything that is imported into memosnag by whatever mean (for example by uploading from your device, by capturing online objects through the memosnag browser plugin, by copy and pasting a link, etc.) as well as any artistic creation or any other post or entry. This includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Snagger Content" means Content that a memosnag user submits, transfers, snags (capture via the memosnag browser plug in) or otherwise provides to the Services. Content includes, without limitation, all Snagger Content. Your Rights in Snagger Content:
Memosnag Users, called Snaggerz (also referred as Snaggers) retain ownership and/or other applicable rights in Snagger Content, and memosnag and/or third parties retain ownership and/or other applicable rights in all Content other than Content snagged by users.
You retain ownership you have of any intellectual property you post to memosnag. Snagger Content License to memosnag:
When you provide Snagger Content to memosnag through the Services, you grant memosnag a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Snagger Content. The rights you grant in this license are for the limited purposes of allowing memosnag to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to "creat[ing] derivative works" is not intended to give memosnag a right to make substantive editorial changes or derivations, but does, for example, enable resnagging, which allows memosnag Users to snag other Users’ snags from one of their memosnag collections to one of theirs in a manner that allows them to add their own text or other Content before or after your Snagger Content.
When you create content in, or upload content to, memosnag, you’re giving us permission to make them available in all the ways you would expect us to (for example, via your collections, etc.). We never want to do anything with your work that surprises you.
You also agree that this license includes the right for memosnag to make all publicly-posted Content available to third parties selected by memosnag, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license to your Snagger Content continues even if you stop using the Services, primarily because of the social nature of Content shared through memosnag’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Snagger Content you transfer to us. Content License to You:
As a snagger of the Services, memosnag grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below). This means, for example, that we license Content to you for purposes of resnagging.
Compliance with Community Guidelines:
You agree that you won't violate memosnag's Community Guidelines. Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Snagger Content from the Services, memosnag shall make reasonable efforts to make such Snagger Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Snagger Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Snagger Content may not be entirely removed (due to the nature of resnagging, for example).
7. Special Provisions for Application Developers
We will soon allow external Applications to be added to memosnag. If you develop software or services based on the Services or any Content, whether using the memosnag Application Programming Interface or not, you will agree to and comply with the memosnag Application Developer and API License Agreement (to be published).
8. Use of Trademarks
Any use of memosnag's trademarks, branding, logos, and other such assets in connection with the Services shall use memosnag’s official logo, as visible on the memosnag application.
9. Special Provisions for Promotions
Some features of the Services may allow you to promote yourself to other snaggers, and some of these features may be Paid Services ("Promotions").
The following additional terms apply to Promotions:
Things that you promote will comply with this Agreement; if they don't, memosnag reserves the right, in its sole discretion, to cancel a Promotion without refund or recourse to you.
memosnag may remove or disable any Promotion for any reason in its sole discretion.
Unless otherwise specified, memosnag does not guarantee any activity that Promotions may receive, including but not limited to clicks, Likes, and Resnags. memosnag cannot control how snaggers interact with Promotions and is not responsible for "click fraud" or other fraudulent actions by third parties, including, without limitation, Snaggerz. memosnag doesn't guarantee that its reporting related to Promotions will be accurate or complete, nor does it guarantee that Promotions will behave in a particular manner, and memosnag shall not be liable to you or responsible for any erroneous reporting about or errant behavior of or related to Promotions (e.g., any errors in how Likes or Resnags are counted).
Promotions may allow targeting to some Snaggerz characteristics. memosnag does not guarantee that any particular Promotion will reach a particular sort of individual in all cases.
You can cancel certain Promotions at any time depending on their functionality, but you are responsible for paying for Promotions at least to the extent they have already been used or distributed through the Services.
By submitting a Promotion, you license memosnag to run that Promotion for as long as you have specified, which, depending on the Promotion, may be perpetually. This license ends when the Promotion has been completed or cancelled, but it may take up to forty eight (48) hours for a Promotion to stop being reflected on the Services.
10. Warranty Disclaimer; Services Available on an "AS IS" Basis Basis
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, MEMOSNAG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. memosnag makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. memosnag also makes no representations or warranties of any kind with respect to Content; snagger Content, in particular, is provided by and is solely the responsibility of, the snaggers providing that Content. No advice or information, whether oral or written, obtained from memosnag or through the Services, will create any warranty not expressly made herein.
11. Time Limitation on Claims and Releases From Liability
You agree that any claim you may have arising out of or related to this Agreement or your relationship with memosnag must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, memosnag and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, memosnag (the "memosnag Affiliates") from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
Disputes between Snaggerz, including those between you and other Snaggerz.
The acts of third parties generally (i.e., individuals or entities who are not memosnag or a memosnag Affiliate), including third party sites and services. Disputes concerning any use of or action taken using your Account by you or a third party.
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
Claims relating to any face-to-face meetings in any way related to memosnag at any venues ("Scrambles"), including without limitation claims related to the actions or omissions of any Snaggerz or third parties who organize, attend, or are otherwise involved in any Scrambles; see our Scrambles page for more information. Unless otherwise expressly disclosed in writing, memosnag does not sponsor, oversee, or in any manner control Scrambles.
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMOSNAG AND THE MEMOSNAG AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR snagger USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MEMOSNAG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF MEMOSNAG AND THE MEMOSNAG AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
13. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 14, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. memosnag may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, memosnag may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to memosnag or any third party.
15. Choice of Law and Venue
You and memosnag agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and memosnag otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against memosnag must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
If you are
(a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section doesn’t apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and memosnag with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with memosnag's prior written consent. memosnag may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind memosnag in any respect whatsoever. Any notice to memosnag that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to memosnag, inc - , 225 Snow Crest Rd, Los Gatos - CA 95033: Legal Department.
17. Special Provisions for snaggers Located Outside of the United States
memosnag provides global products and services and enables a global community for individuals to snag, see, sort and share the things they need or love. memosnag's servers and operations are, however, located in the United States, and memosnag's policies and procedures are based on United States law. As such, the following provisions apply specifically to snaggers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to snagger Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Services (for example, purchasing Premium Themes).
Submit an infringement notice
18. DMCA Copyright Policy
memosnag has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The address of memosnag's Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA using our copyright notice form.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that memosnag is capable of finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the snagger who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, memosnag will immediately notify the snagger responsible for the allegedly infringing material that it has removed or disabled access to the material. memosnag will terminate, under appropriate circumstances, the Accounts of snaggers who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any snagger for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with memosnag by providing the following information to the Designated Agent at the address below:
The specific URLs of material that memosnag has removed or to which memosnag has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Upon receipt of a valid counter-notification, memosnag will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If memosnag does not receive any such notification within ten (10) days, we may restore the material to the Services.
℅ Squire Patton Boggs
275 Battery St #2600
San Francisco, CA 94111
19. Open Source Disclosures
You can find disclosures related to our use of open source software packages at he following locations:
Last Modified: 2016-04-19
As a the best tool to capture, organize and share anything online, memosnag is deeply committed to supporting and protecting freedom of speech and expression. At the same time, we draw lines around a few narrowly defined but deeply important categories of content and behavior that jeopardize our users, threaten our infrastructure, and damage our community.
What memosnag is for:
memosnag is about making it easy for people to remember, enrich, organize and share what they care about online. We want you to have complete flexibility and choice of how you use memosnag to make your online life more productive, organized and creative.
What memosnag is not for:
NOTE THAT WE TAKE THIS VERY SERIOUSLY AND DO NOT TOLERATE VIOLATION AND ABUSE OF THESE GUIDELINES. BY USING MEMOSNAG YOU AGREE TO TIGHTLY ADHERE TO THESE GUIDELINES AND UNDERSTAND THAT YOUR SNAGS AND ACCOUNT WILL BE IMMEDIATELY CANCELLED IF NOT IN COMPLIANCE. SO READ THE BELOW CAREFULLY AND DON’T HESITATE TO LET US KNOW IF YOU HAVE ANY QUESTIONS.
If we conclude that you are violating these guidelines, you may receive a notice via email. If you don't explain or correct your behavior, we may take action against your account. We do our best to ensure fair outcomes, but in all cases we reserve the right to suspend accounts, or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, and community. We reserve the right to enforce, or not enforce, these guidelines in our sole discretion, and these guidelines don't create a duty or contractual obligation for us to act in any particular manner.
You can report violations of these guidelines to us directly by emailing
You can remove your own content whenever you want, of course. If you need help doing that, you can email us at email@example.com
We also reserve the right to amend these guidelines using the procedures set forth in our Terms of Service.
If you have questions or feedback, don't hesitate to let us know.
Thanks for reading all of this, by the way. Welcome to memosnag.