Welcome to ‘metomyself’! We invite you to browse our website and use the ‘metomyself’ service, but please note that your usage is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully.
The Terms of Service constitutes a contract between ‘metomyself’ and you. The Terms include the provisions set forth in this document and in the ‘metomyself’ Privacy Policy and User Guidelines and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the “Terms of Service” or “Terms”). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.
By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text and other data you choose to input, upload, or store in ‘metomyself’ (collectively referred as “Content”) and your personal information in accordance with such Privacy Policy.
The ‘metomyself’ Software (as defined below), the ‘metomyself’ service, and other products, services and websites hosted or made available by ‘metomyself’, including, for example our User groups, and Support & Learning pages are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms.
You, the Account Holder, are one party to this contract. The other party to the contract is Kreationz Pty Ltd. based in Melbourne, Australia who owns the ‘metomyself’ service.
First, you create an online journal with ‘metomyself’ service account by providing us with an email address and creating a password. This is your “Basic Subscriber Information”. Pls use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic Subscriber Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support at support@metomyself.com
Second, you will need to access your account through a web browser via your computers, tablets and phones.
Once your account is created and you accept these Terms, you can enjoy the benefit of the Service until you close your account voluntarily or until we close your account pursuant to any legal violations of the terms of service or prevailing laws.
You retain rights to your content and data and any other rights you already held in your Content before you submitted it to the Service.
You do not obtain any other right or interest in ‘metomyself’ Service or the parent company Kreationz Pty Ltd.
In order to enable ‘metomyself’ to operate the Service, you must permit to process your Content so that technical actions like processing, maintaining, storing, backing-up can be executed. Accordingly, by using the Service and uploading Content, you are granting ‘metomyself’ a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content on your devices to enable ‘metomyself’ to operate the Service.
As we rely upon your rights to upload and distribute your Content, you represent and warrant to ‘metomyself’ that (1) you have the unfettered legal rights and authority to submit your Content to ‘metomyself’, to make any other use, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to ‘metomyself’ under these Terms; and (2) your Content complies with our User Guidelines and these Terms.
Finally, you understand and agree that ‘metomyself’, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
When you use the ‘metomyself’ service to send messages to an email address, or through a social media account (e.g., Facebook, Instagram, Pinterest, LinkedIn) that has not been linked to an ‘metomyself’ account, ‘metomyself’ sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages. Whenever you send any kind of message to a third party you represent and warrant to ‘metomyself’ that you are acting within the law and that you have prior consent from the recipient to send them such a message.
Other than this limited license and other rights you grant in these Terms, ‘metomyself’ acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content.
Yes. Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own content and all conduct under your account. This means all Content created, transmitted, stored or displayed in your journal, is your sole responsibility as the person who created the Content or introduced it into the Service. This applies whether the Content is kept private, shared or transmitted using the Service or any third-party application or services integrated with the ‘metomyself’ service. Our User Guidelines provide more specific details regarding prohibited conduct on the Service. If we find that your account violates our Terms of Service, we reserve the right to delete the account
You own the Content you store within the ‘metomyself’ service (subject to third party rights), but you acknowledge and agree that ‘metomyself’ and Kreationz Pty Ltd owns all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all ‘metomyself’ software deployed by you or a third party that enable access and use of the Service through such device.
In agreeing to these Terms, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any ‘metomyself’ Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or ‘metomyself’ Software. We expect that any such modifications will enhance the overall Service. We also reserve the right to establish limits to the nature or size of storage available to you. The ability to send or receive email messages, the nature of, or your continued ability to access your Content and impose other limitations at any time, with or without notice. You also acknowledge that a variety of ‘metomyself’ actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that ‘metomyself’ has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.
‘metomyself’ engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable.
The Service is available worldwide, but your data is stored in India, as described in our Privacy Policy. If you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through ‘metomyself’ Service Providers, and other third parties located in other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.
You may delete/ deactivate your account with our Service at any time. You need to follow some steps, which are described in our support & learning article entitled "How do I delete my account?"
‘metomyself’ may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for ‘metomyself’ suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in metomyself’s sole discretion), (iii) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems arising from your account. In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
‘metomyself’s pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them. We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Basic Subscriber information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
Our business model is to make the Service so valuable that our users will want to subscribe to a Paid Service. However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. For more information, please see our Privacy Policy and Cookie Policy page.
Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
You agree to indemnify and hold ‘metomyself’, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavour to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
These Terms constitute the entire agreement between you and ‘metomyself’ and govern your use of the Service. These Terms supersede any prior agreements or earlier versions of these Terms between you and ‘metomyself’ for the use of the Service as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party. You acknowledge and agree that each affiliate of ‘metomyself’ shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
