Memberful Terms of Service and Privacy Policy

This is a legally binding contract between you and Memberful. Please make sure you read it (it should take about 15 minutes). We’ve tried to make it as clear as possible, but we welcome your feedback to info@memberful.com if you have suggestions or questions.

1. Definitions

Memberful provides sellers with a platform for the sale of electronic content and the protection of external website content through the use of our service, API, and website. When we say "site," we mean memberful.com and all the services offered through our site. When we say "we," "us," or "our," we mean Memberful LLC ("Memberful"). When we say "your content" or "content", we mean any text, sound, files, graphics or other material which you post, upload, protect, or otherwise sell on or through the site; similarly, when we say "Memberful content," we mean the copyrightable text, sound, graphics, and other material owned by Memberful. And when we say "terms," we mean these terms of service.

2. Accepting these terms

Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to info@memberful.com. If we do not hear from you within ten days, the revised terms will apply to you.

3. Privacy policy

When you register with the site, you will be asked to provide certain personal information, including your name and email address. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered. For example, we may store your personal information along with your files and data on a third party server such as Amazon Web Services. We also use your personal information to provide the services you request, send you notifications, and respond to customer support requests. You can access and change your personal information or cancel your account by logging in to your account settings page.

We may be required to disclose your personal information in order to:

If we must disclose your personal information in order to comply with the law or legal process, we will inform you (at the email address you provide) as soon as practicable, provided that it is lawful for us to do so.

We will also aggregate user information and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or work most frequently in the mornings.

We use session and login cookies, which help us keep track of when a person is logged in and determine the content or sites users link to, and which services people use. We will also capture login timestamps, and usage statistics, as well as IP addresses. We’ll capture some information about the files stored on the site (such as file size, file type, etc.), but we will not view the content of your files unless you give us permission to do so, or it becomes necessary in order to comply with legal obligations.

We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to info@memberful.com and we will cancel your account.

4. Permitted users

Memberful is designed for use by adults. You must be thirteen years of age or older to use it. If we learn that we have collected personal information from a child under the age of thirteen, we will delete that information as quickly as possible. If you believe that we might have any information from a child under the age of thirteen, please contact us at info@memberful.com. When you use the site, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.

We own our stuff; you own yours.

You retain ownership of all content you upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us. This license ends when you delete the material or your account.

In addition, the site provides features that allow you to sell your content to others. There are many things that others may do with that content, including copying it, modifying it, and re-selling it. So, please consider carefully what you choose to sell; we take no responsibility for that activity.

All Memberful content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.

Memberful.com, Memberful, and the Memberful logo are trademarks or registered trademarks of Memberful LLC, in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.

6. DMCA

Memberful deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted on the site, please send a notice of copyright infringement containing the following information to the designated agent at the address below:

Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material on the site that we have removed or disabled access to such material.

If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:

Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.

Designated Agent
Andrew Strojny
PO Box 2374
Ponte Vedra, FL 32004
dmca@memberful.com

7. Memberful rules

We have some ground rules which you must adhere to when using the site. You agree not to do any of the following:

You further agree that you are responsible for your actions in relation to the site, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.

If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.

8. Canceling your account

You can cancel your account at any time by visiting Account → Plans & Billing in your Memberful account dashboard. If you like, you may export your data via the API or request an export of your data. Upon canceling your account, all your data will be immediately and permenantly deleted from our servers. Offsite backups containing your data will be deleted within 60 days.

9. Disclaimer of warranties

We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.

10. Limitations of liability

Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.

You will not hold Memberful responsible for any content made available through the site. Our site allows anyone to sell downloadable files, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of the content advertised, the truth or accuracy of content, the ability of sellers to sell the content, the ability of buyers to buy the content, or that a buyer or and seller will actually complete or refund a transaction.

11. Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

12. Right to terminate

We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.

13. General

These terms shall be governed by and construed in accordance with the laws of the state of Idaho, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the site in the courts located within Ada County, Idaho, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the site or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the site. You may not assign any right, interest, or benefit provided under these terms or through the site without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the site and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Last Updated: January 29, 2016

These Terms were derived from Editorially's version, which is available under a Creative Commons Sharealike license.