memery

© 2024 Memery Inc. All rights reserved.

Memery Terms of Service

Last updated Jul 1, 2024


1. Your Relationship with Memery


Welcome to Memery, provided by Memery Inc. and Memery Labs LLC. These Terms of Service ("Terms") govern your usage of Memery and serve as a legally binding agreement between you and us and set forth the terms and conditions by which you may access and use the Memery Service (the “Service”), which includes the platform, our related website(s), services, the mobile application, products, features, and content. When you create a Memery account or use Memery, you agree to these terms. Your access to and use of the Service is also subject to our Privacy Policy and Community Guidelines.


2. Your Commitments


In return for our commitment to provide the Service, we require you to make the below commitments to us:


Who Can Use Memery


We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Memery community:


  • You must be at least 13 years old.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.

  • We must not have previously disabled your account for violation of law or any of our policies/guidelines.

  • You must not be a convicted sex offender.


How You Can't Use Memery


Providing a safe and open Service for a broad community requires that we all do our part:


  • You can’t access or use the Service if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Service by your parent or legal guardian;

  • You can't violate (or help or encourage others to violate) these Terms or our policies/guidelines;

  • You can't impersonate others, provide inaccurate information, or create a false identity;

  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose;

  • You can't access or use another's account without explicit authorization from Memery;

  • You can't use the Service to disseminate malicious or technologically harmful content, including viruses, trojans, worms, or other similar content;

  • You can’t promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • You can't create or upload content which is defamatory, obscene, offensive, pornographic, hateful, or inflammatory. This includes content that is deliberately harmful or intended to antagonize, bully, troll, harass, hurt, intimidate, harm, scare, embarrass, or threaten others;

  • You can’t integrate the Services, in part or whole, into any other product or service. In the event this happens, we reserve the right to refuse service, terminate accounts or limit access to the Services at our sole discretion;

  • You can't do anything to interfere with or impair the intended operation of the Service;

  • You can't attempt to create accounts or access or collect information in unauthorized ways;

  • You can’t distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

  • You can't sell, license, or purchase any account or data obtained from us or our Service.

  • You can't post someone else's private or confidential information (including addresses, phone numbers, email addresses, personal identity documents, or credit card numbers) without permission, or do anything that violates another’s rights, including intellectual property rights;

  • You can’t modify, translate, create derivative works of, or reverse engineer our products or their components in any way;


Access to and use of the Services must also, at all times, be compliant with our Community Guidelines. Memery reserves the right to remove content or disable access to the Service at any time, at our sole discretion, for any reason.


Permissions You Give to Us


As part of our agreement, you also give us permissions that we need to provide the Service.


  • We do not claim ownership of your content, but you grant us a license to use it.

  • When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.

  • You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.

  • Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

  • You agree that we can download and install updates to the Service on your device.


3. Content Guidelines


As between you and Memery, all content, software, images, text, graphics, logos, patents, trademarks, copyrights, and intellectual property on the Service are owned or licensed by Memery. You retain ownership of any content you upload or transmit through the Service. Use of Memery content for any purpose not expressly permitted by these Terms is strictly prohibited. Content cannot be downloaded, copied, reproduced, distributed, or exploited without prior written consent. Memery and its licensors reserve all rights not expressly granted.


You are granted a non-exclusive, limited, non-transferable, revocable license to access and use the Service, including downloading the Platform for personal, non-commercial use, in compliance with these Terms. Memery reserves the right to terminate this license at any time.


NO RIGHTS ARE LICENSED FOR SOUND RECORDINGS OR MUSICAL WORKS AVAILABLE THROUGH THE SERVICE.


Viewing content provided by others is at your own risk. Content on our Services is for general information and not professional advice. Obtain specialist advice before taking any action based on the content.


We make no guarantees that any Memery content is accurate, complete, or up-to-date. Links to third-party sites are for your information only, and we do not control or endorse their content. We have no obligation to pre-screen, monitor, or edit user-posted content.


Users can upload, post, or stream content such as text, photos, videos, sound recordings, and music through Memery ("User Content"). Users may also create new content by using or combining others' User Content, including adding music, graphics, stickers, and other elements provided by Memery. We have not verified this content, and other users' views do not reflect our values.


When uploading or transmitting User Content through Memery or third-party platforms, comply with the standards set in "Your Commitments." You are responsible for any breach of these standards and must ensure your content is non-confidential and non-proprietary. You must have the necessary permissions to upload, transmit, and use any content.


By submitting User Content, you grant Memery a perpetual, worldwide, royalty-free license to use, modify, reproduce, distribute, and display your content. This includes the right to use your username, image, and likeness. You waive any rights to prior inspection or approval of marketing materials related to your User Content and any rights of privacy or publicity.


We may disclose your identity to third parties claiming intellectual property or privacy violations. We reserve the right to edit, remove, or block any User Content at our discretion. Save copies of your content as we do not guarantee its permanent availability.


You control the visibility of your User Content through privacy settings. Memery is not liable for user-submitted content but takes measures to remove infringing material and may disable accounts of repeat offenders.


By providing feedback, you grant Memery unrestricted rights to use and exploit it for any purpose, free of charge and without attribution.


4. Your Use of Memery


Your Account


To access or use Memery, you must create an account. Here are a few rules about accounts with Memery:


  • Account Security: You are responsible for maintaining the security of your account and for all activity that occurs under your account. Notify us immediately of any breach of security or unauthorized use of your account.

  • Account Information: You must provide accurate and up-to-date information for your account. This includes your real name and contact information.


Content Creation and Interaction


  • Creating Content: You can create and upload images and videos to your profile. Ensure that your content complies with our Community Guidelines.

  • Interacting with Content: You can browse, like, comment on, and share content. Be respectful and considerate in your interactions with others.

  • Playing Games: You can play games with other users, either known connections or strangers, and opt into video chat features during gameplay. You have the ability to mute other players and yourself before and during gameplay.


Privacy Settings


  • Account Privacy: Set your account and content to private, making it visible only to approved followers.

  • Friends-Only Mode: Enable a friends-only mode, making your content visible to anyone but only allowing followed users to comment or be matched in games.

  • Reporting and Blocking: You can report content or users that violate our guidelines and block users who you do not wish to interact with.


5. Additional Terms


  • Open Source: Memery includes open source software, each with its own license terms.

  • Entire Agreement: These Terms are the complete legal agreement between you and Memery, replacing any prior agreements.

  • Links: You may link to our home page fairly and legally without suggesting endorsement. Do not link from sites you do not own. Links must comply with content standards. We may withdraw linking permission without notice.

  • No Waiver: Our failure to enforce any provision does not waive our rights.

  • Security: We do not guarantee security or bug-free services. You are responsible for your own virus protection and system security.

  • Severability: If any term is ruled invalid, the rest remain effective.

  • Counter-notice: If we receive a counter-notice, we may restore removed content unless the original complainant seeks a court order. False counter-notifications may lead to legal consequences.

  • California Consumer Rights Notice: California users can contact the Consumer Services Division at California Department of Consumer Affairs. Users under 18 can request content removal by emailing info@memery.fun with "California Removal Request" in the subject line and a description of the content.

  • Exports: You agree not to export or re-export Memery services or materials to embargoed countries or restricted parties without necessary licenses.

  • U.S. Government Restricted Rights: Memery services and documentation are "Commercial Items" under applicable regulations, licensed to U.S. Government users with the same rights as other users.


6. Content Removal and Disabling or Terminating Your Account


  • Content Removal: We may remove any content or information you share on the Service if we believe that it violates these Terms or our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your access to the Memery Products and Memery Inc. products and services) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law.

  • Account Termination: If we terminate or disable your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us.


7. Limitation of Liability


To the fullest extent permitted by applicable law, Memery Inc., its officers, directors, employees, and agents 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 (i) your use or inability to use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use, or alteration of your transmissions or content. In no event shall Memery Inc.'s total liability exceed the amount you paid us, if any, for accessing or using the App.


8. Indemnification


You agree to indemnify, defend, and hold harmless Memery Inc., its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including attorneys' fees and expenses) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.


9. Disputes


We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.


Governing Law and Jurisdiction


These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. You agree that any dispute or claim arising out of or in connection with these Terms or your use of the Service will be resolved exclusively in the courts located in Delaware.


10. Contact Us


If you have any questions about these Terms or the Service, please contact us at info@memery.fun