Menyou UK ltd. (“Menyou”) offers a hosting service on the Internet (“The Service”) comprising the possibility for a registered member (“The Member”) to upload content which other Members can buy or be granted a right to use. All of these transactions are made between the Members. Hence, Menyou is not a part to the transactions between the Members.
These terms of use regulates the use of the Service available under the domain name http://www.menyou.com. If you do not accept these terms of use you are not entitled to use or have access to the Service. The terms of use will apply after you have been registered as a Member for the use of the Service.
(a) To become a Member you will have to complete the form and be registered for an account (“The Account”). You must, when creating your Account, provide accurate and complete information and keep the information updated. By registration you accept these terms and conditions for the use (“the Terms of Use”) of the Service. If you register a company as a Member you confirm that you are authorised to bind the company to these Terms of Use.
The Service is not available for persons under 18 year or temporary or permanently barred Members. If you are under 18 year you may only use the Service if allowed by and under the supervision of your legal guardian.
(b) Although Menyou may attempt to notify you when changes are made to these Terms of Use, you should periodically review the most up-to-date version on Menyou’s Website. Menyou may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions.
(c) If we have reason to believe that you have not complied with these Terms of Use, we may terminate your membership and deactivate your Account and, if necessary, refuse to grant you a new one. If we invalidate your Account under this section, we shall have no liability to you.
In order to use the Service and upload content, including but not limited to text, photos, music and videos (“User Content”), you will have to create an Account. You may never use another Member’s Account without permission. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Menyou immediately of any breach of security or unauthorised use of your Account.
(a) In your use of the Service, you agree to comply with the Terms of Use and all applicable local, national, and international laws and regulations.
(b) Menyou reserves the right to discontinue any aspect of the Service at any time.
(a) When using the Service you agree to pay a commission to Menyou.
(b) Every transaction where the Service is used will be against a 10 per cent commission. The commission basis will be the amount, excluding VAT, paid to a Member for the right to use User Content. The Member selling, licensing, or otherwise granting the right to use User Content shall be liable to pay the commission and shall also bear all charges and taxes that may incur due to the use of the Service.
a) Menyou’s Website is a forum that allows registered Members to market, sell, purchase and license of all that is permitted by law, anytime, from anywhere and at any price. Menyou never reviews transactions carried out by Members, Menyou has no property rights to the content offered on the Website and Menyou is not involved in transactions between Members. Menyou is not the agent of any Member and has no authority for any Member, for any purpose. Accordingly, a contract formed at the completion of a transaction is solely between Members. The enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of the involved Members to that transaction. Menyou is not obliged to mediate between Members or to assist in enforcing or executing fulfilment of any contract.
(b) Menyou has no control over the offered content in terms of quality, safety, reliability, legality, or accuracy, nor of the Member’s ability to sell or license the User Content and the Member’s ability to purchase the same. You should therefore not believe that the marketing, sale, purchase, licence, export or import of any content is valid and legal simply because it is listed, bought, licensed, or available on the Website. Menyou is not responsible for Members’ really carrying out a transaction. You agree to assume full responsibility that your actions abide by the law.
(c) Should you have any claims against another Member due to this Member’s use of the Website you agree to enforce this requirement independently and without involvement from Menyou’s side, and you waive in relation to Menyou (and its parents, subsidiaries, affiliates, officers, directors, agents and employees) all claims, liabilities, damages, losses, costs and expenses including legal fees, known and unknown, arising out of or in connection with such claims.
(d) Menyou is not responsible for a Member’s loss of data or to communication having been distorted or not arrived. Menyou is not responsible for the fulfilment of its obligations when this is prevented or made difficult because of such circumstances beyond our control as Menyou reasonably could not have foreseen, and whose effects Menyou could not reasonably have avoided or overcome (such as public authority, labour disputes, accidents, breakdowns in the general communication system, power cuts, etc). A Member must while these impediments occur to the largest extent possible carry out his/her obligations.
(e) Menyou (and its parents, subsidiaries, affiliates, officers, directors, agents and employees) does not guarantee continuous, uninterrupted or secure access to our Service, and management of the Website can be disturbed by many factors beyond our control. The Website and our Service are provided without warranty and to the extent the law permits release us from all obligations, both legal and otherwise, and any other requirement relating to performance in time. Our responsibility for a Member is in any case limited to compensation for direct damages so that in no case shall it exceed a half amount as defined in the Swedish Act (1962:381) on General Insurance (Lagen (1962:381 om allmän försäkring).
(a) As an Account holder you may submit User Content.
(b) You are solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use patent, trademark, trade secret, copyright or other proprietary rights.
(c) The User Content may not:
- be false, inaccurate or misleading
- be offensive, threatening or libelous
- infringe copyright, patent, trademark, trade secret or privacy rights; violate any applicable laws and regulations (including but not limited to consumer protection, unfair competition, discrimination, false advertising)
- be obscene, indecent or contain child pornography
- contain viruses, macro viruses, Trojan horses, worms or other with intent to cause damage or interrupt normal data processing or secretly abort, access without permission or expropriate systems, data or personal information
- make the Website interrupted, damaged, less effective or undermine the Website’s functionality in any way
(d) You retain all of your proprietary rights to your User Content in relation to Menyou. You understand and agree, however, that Menyou may retain, but not display or transmit to the public, server copies of User Content that have been removed or deleted.
(e) In connection with User Content, you further agree that you will not submit material that is protected by copyright or protected as a trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material.
(f) You further agree that you will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.
(g) Menyou does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Menyou will remove User Content if properly notified that such Content infringes or it can be reasonably suspected that it infringes another’s intellectual property rights.
(h) You may notify Menyou to remove your User Content, and Menyou will do so within a reasonable time period.
If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification, containing
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and information sufficient to permit Menyou to locate the material
- Information to permit Menyou to contact you, such as an address, telephone number and e-mail
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law
- A statement that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed
You agree to defend, indemnify and hold harmless Menyou, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (i) your use of the Website; (ii) your violation of these Terms of Use (iii); your violation of any third party right, including any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Content submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Website.
These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Menyou without restriction.
By accepting these Terms of Use you make the following representations and warranties and give your consents as described below in this section: Processing of your personal data collected in connection with this Service is subject to Menyou’s Privacy Policy, which forms an integral part of this Agreement. You acknowledge having familiarised yourself with our Privacy Policy including information on your rights. You give consent to Menyou to collect, use and disclose your personal data for the limited purposes described in these Terms of Use, the information given in connection with your registration and use of the Service and in the Privacy Policy. You acknowledge that Menyou’s ability to provide the Service is dependent upon your consent remaining effective.
The Website Service [JS1] is based in the UK and follows UK law on marketing practices. You agree that: (i) the Website shall be deemed solely based in the UK; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Menyou, either specific or general, in jurisdictions other than the UK. These Terms of Use shall be governed by the internal substantive laws of the UK. Any claim or dispute between you and Menyou that arises in whole or in part from the Website or these Terms of Use shall be subject to good faith attempts to settlement and ultimately said claims or disputes are to be decided exclusively by the a Court of London, UK.
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website, and the Service supplied by us via this Website.
We shall not be liable under this Agreement for any indirect, special, incidental or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The materials on this Website may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Website. Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. We reserve the right to correct any errors or omissions in any portion of the Website and to make any changes to the features and functionality of the Website at any time. We cannot guarantee that the Website or any software which you download as part of the Service will be error-free, free of viruses or other harmful components, or that defects will be corrected.
