Terms of Service
Last updated: December 21, 2024
Welcome to memb.! These Terms of Service ("Terms") govern your access to and use of the memb. platform at memb.store (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
1. Definitions
- "memb." refers to the platform and the entity operating it.
- "Creator" refers to users who create storefronts and share product recommendations.
- "Shopper" refers to users who browse storefronts and make purchases through affiliate links.
- "Brand" refers to business users seeking to collaborate with Creators.
- "Content" refers to any text, images, products, collections, or other materials you post on the Service.
2. Eligibility
To use the Service, you must:
- Be at least 16 years old (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from using the Service under applicable laws
- Provide accurate and complete registration information
3. Account Registration and Security
3.1 Account Creation
You may register using email or third-party authentication (e.g., Google). You agree to provide accurate, current, and complete information during registration.
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
3.3 Username Policy
Usernames must be unique and may not impersonate others, contain offensive content, or violate third-party rights. We reserve the right to reclaim usernames.
4. Creator-Specific Terms
4.1 Storefront Creation
As a Creator, you may create a personalized storefront to share product recommendations. You retain ownership of your original content while granting us a license to display it.
4.2 Product Recommendations
You agree to:
- Only recommend products you genuinely believe in
- Provide accurate descriptions and information
- Disclose any material connections with brands (sponsorships, free products, etc.)
- Comply with FTC guidelines and applicable advertising laws
4.3 Affiliate Earnings
When affiliate features are available, you may earn commissions on qualifying purchases. Commission rates, payment terms, and minimum thresholds will be disclosed separately. We reserve the right to modify commission structures with notice.
5. User Content
5.1 Content Ownership
You retain ownership of Content you post. By posting Content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute that Content in connection with the Service.
5.2 Content Responsibility
You are solely responsible for your Content. You represent that:
- You own or have rights to all Content you post
- Your Content does not infringe third-party rights
- Your Content is accurate and not misleading
5.3 Content Removal
We may remove any Content that violates these Terms or that we deem inappropriate, at our sole discretion and without notice.
6. Prohibited Conduct
You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Post false, misleading, or fraudulent content
- Harass, abuse, threaten, or discriminate against others
- Impersonate any person or entity
- Use the Service for spam or unauthorized advertising
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Use automated means to access the Service without permission
- Engage in any form of click fraud or affiliate abuse
- Create multiple accounts to circumvent restrictions
7. Intellectual Property
7.1 Our Rights
The Service, including its design, features, and content (excluding user content), is owned by memb. and protected by intellectual property laws. You may not copy, modify, or distribute our materials without permission.
7.2 Trademark
"memb." and our logo are trademarks. You may not use our trademarks without prior written consent.
7.3 Copyright Claims
If you believe your copyright has been infringed, please contact us at info@memb.app with details of the alleged infringement.
8. Third-Party Links and Services
The Service contains links to third-party websites and services. We are not responsible for the content, privacy policies, or practices of third parties. Your interactions with third-party sites are governed by their terms. Purchasing products through affiliate links is subject to the retailer's terms and conditions.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
WE DO NOT ENDORSE OR GUARANTEE ANY PRODUCTS RECOMMENDED BY CREATORS. PURCHASE DECISIONS ARE MADE AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMB. 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 THE SERVICE.
11. Indemnification
You agree to indemnify and hold harmless memb. and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from your use of the Service, your Content, or your violation of these Terms.
12. Termination
12.1 By You
You may terminate your account at any time through account settings or by contacting us. See our Data Deletion page for details.
12.2 By Us
We may suspend or terminate your account at any time for violation of these Terms, suspected fraud, or any other reason at our sole discretion.
12.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. We may retain certain information as required by law or for legitimate business purposes.
13. Dispute Resolution
Any disputes arising from these Terms or the Service will be resolved through good-faith negotiations. If negotiations fail, disputes will be resolved through binding arbitration or in the courts of the jurisdiction where memb. is registered, at our discretion.
You agree to waive any right to participate in class action lawsuits against memb.
14. Changes to These Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
15. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and memb. regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
- Waiver: Our failure to enforce any right does not constitute a waiver of that right.
- Assignment: You may not assign your rights under these Terms without our consent.
16. Contact Us
If you have any questions about these Terms, please contact us at:
memb.
Email: info@memb.app