Terms of Use

Last Updated: December 2024

1. Introduction and Acceptance of Terms

Welcome to nimeme (operating under the legal name NimemeLux). These Terms of Use ("Terms", "Agreement") govern your access to and use of our website located at nimeme.info and any related services, features, content, or applications offered by nimeme (collectively, the "Service").

By accessing, browsing, or using our Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Service.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and NimemeLux. Your use of our Service is also subject to our Privacy Policy and any additional terms that may apply to specific features or services.

2. Description of Services

nimeme provides digital services through our website platform. Our Service may include but is not limited to:

• Information and content delivery
• User account creation and management
• Interactive features and tools
• Communication platforms
• Digital content and resources
• Third-party integrations and services

We reserve the right to modify, suspend, or discontinue any aspect of our Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

The Service is provided on an "as is" and "as available" basis. We do not guarantee that the Service will be uninterrupted, secure, or error-free, nor do we guarantee the accuracy, reliability, or completeness of any content or information available through the Service.

3. User Responsibilities and Acceptable Use

As a user of our Service, you agree to use it responsibly and in compliance with all applicable laws, regulations, and these Terms. Your responsibilities include:

3.1 Account Responsibilities

• Providing accurate, current, and complete information when creating an account
• Maintaining the security and confidentiality of your account credentials
• Promptly notifying us of any unauthorized use of your account
• Being responsible for all activities that occur under your account

3.2 Prohibited Activities

You agree not to use our Service for any unlawful or prohibited activities, including but not limited to:

• Violating any applicable local, state, national, or international laws or regulations
• Transmitting or posting content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringing upon or violating the rights of others, including intellectual property rights
• Impersonating any person or entity or falsely representing your affiliation with any person or entity
• Transmitting spam, unsolicited communications, or engaging in any form of commercial exploitation
• Attempting to gain unauthorized access to our systems, networks, or accounts
• Introducing viruses, malware, or other harmful code
• Interfering with or disrupting the Service or servers connected to the Service
• Collecting or harvesting personal information from other users without consent

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, presentation, selection, and arrangement) are owned by NimemeLux, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Service, except as permitted by these Terms or with our prior written consent.

4.2 User-Generated Content

If you submit, post, or otherwise provide any content to our Service ("User Content"), you retain ownership of your intellectual property rights in such content. However, by providing User Content, you grant NimemeLux a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business operations.

You represent and warrant that you have all necessary rights to grant the above license and that your User Content does not violate any third-party rights or applicable laws.

5. Limitation of Liability

To the fullest extent permitted by applicable law, NimemeLux shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use of or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, trojan horses, or similar harmful code that may be transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service

In no event shall NimemeLux's total liability to you for all damages exceed the amount paid by you to NimemeLux in the twelve (12) months preceding the date of the claim, or one hundred dollars ($100), whichever is greater.

6. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. NimemeLux disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any content or information
• Warranties that any defects in the Service will be corrected

No advice or information obtained from NimemeLux or through the Service shall create any warranty not expressly stated in these Terms.

7. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with international commercial law principles and the laws of the jurisdiction most closely connected to the performance of these Terms. Given the global nature of our Service, disputes may be subject to the jurisdiction where the user is located or where NimemeLux conducts business.

For users located in specific jurisdictions, the following additional provisions may apply:

• European Union: Users in the EU have additional rights under applicable consumer protection laws
• United States: Users in the US may be subject to state-specific consumer protection laws
• Other Jurisdictions: Local consumer protection and privacy laws may provide additional rights and protections

8. Dispute Resolution

We encourage users to contact us directly to resolve any disputes. However, if a dispute cannot be resolved through direct communication, the following dispute resolution mechanisms shall apply:

8.1 Informal Resolution

Before initiating formal dispute resolution proceedings, you agree to attempt to resolve any dispute through informal negotiation by contacting us at [email protected].

8.2 Formal Dispute Resolution

If informal resolution is unsuccessful, disputes may be resolved through:

• Binding arbitration in accordance with international arbitration rules
• Mediation through a mutually agreed-upon mediation service
• Court proceedings in the appropriate jurisdiction as determined by applicable law

The specific dispute resolution mechanism may vary based on the user's location and applicable local laws.

9. Modification of Terms

NimemeLux reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website with a revised "Last Updated" date
• Sending notification to your registered email address (if applicable)
• Displaying a prominent notice on our Service

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.

10. Termination

These Terms remain in effect until terminated by either you or NimemeLux. You may terminate your agreement with us at any time by discontinuing your use of the Service and, if applicable, closing your account.

NimemeLux may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent, abusive, or harmful behavior
• Extended periods of inactivity

Upon termination, your right to use the Service will cease immediately, and we may delete your account and any associated data.

11. Severability Clause

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms.

The remainder of these Terms shall remain in full force and effect and shall be construed as if the invalid, illegal, or unenforceable provision had never been included.

12. Indemnification

You agree to indemnify, defend, and hold harmless NimemeLux, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of applicable laws or regulations
• Any content you submit, post, or otherwise provide through the Service
• Your use of the Service

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

13. Force Majeure

NimemeLux shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

In the event of a force majeure situation, NimemeLux will use reasonable efforts to minimize any disruption to the Service and will resume normal operations as soon as reasonably possible.

14. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms that apply to specific features of the Service, constitute the entire agreement between you and NimemeLux regarding your use of the Service and supersede all prior and contemporaneous written or oral agreements between you and NimemeLux.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have any questions, concerns, or complaints about these Terms or our Service, please contact us using the following information:

We will make reasonable efforts to respond to your inquiries in a timely manner. For urgent matters, please use the phone number provided above.

These Terms of Use are effective as of the date listed above and may be updated from time to time. Please review them regularly to stay informed of any changes.