Memery Terms of Service

Last updated Jul 24, 2025

1. Introduction and Your Agreement

Welcome to Memery! These Terms of Service (“Terms”) are a legally binding agreement between you and Memery Inc. (a Delaware corporation registered in New York) and its affiliates (collectively, “Memery,” “we,” “us,” or “our”). These Terms govern your access to and use of the Memery service, including our mobile application, website, and any related products or services (collectively, the “Service”). By creating a Memery account or using the Service, you agree to these Terms. If you do not agree, you must not use the Service. Your use of Memery is also subject to our Privacy Policy and Community Guidelines, which are incorporated by reference.

2. Eligibility and Account Responsibilities

Who May Use the Service:

• You must be at least 13 years old.

  • Age Screening: during sign‑up we ask you to enter your full date of birth.

    • If the date shows you are under 13, the registration stops immediately and no personal data is stored.

    • If we later learn that we have collected personal information from a child under 13, we will delete that information and, where feasible, the associated account within a commercially reasonable period.

  • Parents or legal guardians who believe we may have collected information from their child can email info@memery.fun so we can investigate and address the issue promptly.

• 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.

  
  

Account Creation and Security: To use certain features, you must create an account. When creating an account, provide accurate, current information (including a valid email, your real name, etc.) and keep it updated. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. Notify us immediately at info@memery.fun of any unauthorized use of your account or security breach. Memery is not liable for any loss or damage arising from your failure to secure your account.

3. User Commitments and Acceptable Use

In exchange for the benefits of using Memery, we require you to make the following commitments:

• Legal Compliance: You agree to use the Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations. You must not use Memery if you are prohibited by law from doing so.

  
  

• Prohibited Conduct: You shall not engage in any of the following while accessing or using the Service:

  • Violate these Terms, our Community Guidelines, or any other policies referenced herein (or encourage or assist others to do so)

  • Impersonate any person or entity, or misrepresent your identity or affiliation. You may not create accounts under false names or for anyone other than yourself without authorization.

  • Post, upload, send, or share illegal, fraudulent, or harmful content, or use the Service for any unlawful or unauthorized purpose. This includes content or activities that are defamatory; obscene or pornographic; harassing or bullying; hateful or discriminatory (e.g., attacking someone based on race, gender, religion, nationality, disability, sexual orientation, or age); or that incite violence or illegal behavior.

  • Use the Service to transmit viruses, malware, or any other malicious code that could harm or interfere with the Service’s operation or any user’s devices

  • Violations of Others’ Rights: Do not upload or share content that infringes anyone’s intellectual property or other rights. In particular, you may not post others’ private or personal information (e.g., addresses, phone numbers, email, financial information, personal documents) without their consent. You must have all necessary rights and permissions to the content you post.

  • Attempt to scrape, collect, or harvest data from the Service, or access the Service in unauthorized ways (such as by automated means or bypassing access controls). You may not attempt to hack, probe, or test the vulnerability of our systems or networks.

  • No Unauthorized Commercial Use: You may not integrate our Service into another product or service, nor resell, redistribute, or sublicense our Service or content, except as explicitly permitted by us. Creating derivative works or reverse engineering any aspect of Memery is also prohibited.

  • Spam and Misuse: You shall not use Memery to distribute spam, chain letters, or pyramid schemes, and you will not use the Service to advertise or promote products or services (other than Memery itself) without our prior written consent.

  • Interference: Do not interfere with or impair the normal operation of Memery or any other user’s experience. This includes not overloading the Service, launching denial-of-service attacks, or spamming functionality.

Memery reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these rules. This may include removing offending content, disabling accounts, and/or reporting you to law enforcement.

4. Daily Rewards Contest

The Daily Meme Game Contest (“Contest”) is a free-to-enter, skill-based game that runs once per calendar day inside the Service. No purchase is necessary to enter or win.

Prize Pool: Up to US $5 is divided equally among all 1st place winners each day.

How to Win: Any user who posts is automatically entered into that day's Contest. Participants then vote on what they consider the best post for the daily prompt at 9PM EST. The post with the most votes wins the prize. If multiple participants tie for 1st place, the prize is split equally. Winners are notified immediately after voting has completed, and must, within 14 days, come back to the app to claim the prize.

Prize Eligibility: Cash prizes are available only to users who are (i) at least 18 years old and (ii) claim their prize through an eligible payout method (bank transfer, PayPal, or Venmo) delivered by our reward-fulfillment partner, Tremendous Inc. Users aged 13–17 may play the Daily Meme Game Contest but will receive a non-cash digital gift card of equal face value. By claiming any prize, users aged 13-17 confirm they have obtained parent/guardian permission to participate in this Contest. Users under 13 are not permitted to participate. The Contest is void where prohibited by law.

Parental Consent for Minors: Users aged 13-17 must have parental or guardian consent to participate in the Contest and claim prizes. By participating, minor users represent that they have obtained such consent. Parents and guardians may contact us at info@memery.fun to verify their child's participation or request account termination.

Tremendous may require recipients to complete the payout provider’s own know-your-customer (KYC) checks before funds are released. Any required tax documentation (e.g., IRS Form 1099-MISC) is issued directly by Tremendous.

Memery may suspend, modify, or cancel the Contest at any time to address fraud, technical issues or legal changes. However, prizes already earned by users who have completed the Contest requirements will be honored unless prohibited by law or affected by technical issues preventing fulfillment.

5. User Content and Intellectual Property

Your Content: Memery allows users to create, post, and share content, including text, photos, videos, sound recordings, in-game interactions, and other materials (“User Content”). You retain ownership of the intellectual property rights in the User Content you create. Memery does not claim ownership over your User Content. However, to operate the Service, we need certain permissions from you, as follows:

• License to Memery: By submitting or posting User Content on Memery, you hereby grant Memery a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to host, store, use, copy, modify, reproduce, distribute, publicly perform, publicly display, create derivative works of, and transmit your content for the purposes of operating, developing, providing, and promoting the Service. This license allows us to make your content available to the rest of the world and to let others do the same through the Service. For example, we may display your photos to other users, reformat or edit your videos for better display, or use snippets of your content to promote Memery. You also agree that Memery may use your username, likeness, and any profile information (like your profile picture) in connection with our use of your content, including for promotional purposes, without any compensation to you.

• Duration of License: This license to your User Content ends when you delete your content or your account, except to the extent your content has been shared with others and they have not deleted it, or it has been incorporated into promotional materials or other works. We will not place your User Content in new promotional materials more than 30 days after you delete it or your account, and—if you email us—a good‑faith effort will be made to phase out any existing promotional uses within 24 months. Please note that removed content may persist in backup copies for a reasonable period of time (although it will not be visible to other users), and Memery may retain copies of content as required by law or for legitimate business purposes (for example, keeping evidence of abuse even after an account is terminated). Additionally, feedback or suggestions you provide to Memery are not confidential and we may use them without restriction or obligation to you – by sending us ideas, you grant Memery a perpetual and irrevocable right to use and profit from them in any way, without any payment or credit to you.

• Your Responsibilities for Content: You represent and warrant that you have all necessary rights to post the content that you submit, and that such content (and its use by Memery as contemplated by these Terms) does not violate any law or anyone’s rights. You remain solely responsible for the content you post and the consequences of sharing it. Memery is not responsible for any public disclosure or misuse of your content by other users or third parties who gain access.

Memery’s Intellectual Property: Aside from your User Content, all other content and materials on the Service – including the Memery name, logos, trademarks, service marks, the design, software code, and overall look-and-feel of the app, and any content created or provided by Memery (“Memery Content”) – are owned by Memery or licensed to us. These are protected by copyright, trademark, patent, trade secret, and other laws. We grant you a limited, non-exclusive, revocable license to access and use the Memery Content for your personal, non-commercial use in accordance with these Terms. No rights are granted to you to use Memery’s name or logos or proprietary content for any unauthorized purposes. You may not copy, modify, distribute, or create derivative works from our intellectual property without our prior written consent. Memery and its licensors reserve all rights not expressly granted to you.

6. Content Moderation; No Duty to Monitor

User Content Visibility: When you post content on Memery, its visibility depends on your privacy settings. We offer features such as private accounts (where only approved followers can see your content) and “friends-only” modes (where your content is visible publicly but only followers can comment or join games). You are responsible for understanding and using these settings. Memery is not liable for the audience who views your content if you choose to post it in a manner accessible to others.

No Guarantee of Accuracy or Endorsement: User Content (including any opinions, advice, statements, or offers posted by users) belongs to the users who posted it. Memery does not guarantee that any content is accurate, truthful, or reliable. We do not endorse any opinions expressed by users. Your use or reliance on any User Content is at your own risk. If you need specific advice (for example, medical, legal, financial, or other professional advice), you should consult a qualified professional and not rely on something read on Memery.

Monitoring and Removal of Content: Memery is an interactive platform and does not pre-screen all user content. However, we reserve the right (but do not assume the obligation) to monitor, screen, edit, or remove any content on the Service at any time, for any reason, without notice, at our sole discretion. This includes content that we believe violates these Terms, our Community Guidelines, or is otherwise objectionable or may expose us or our users to harm or liability. We may also suspend or terminate accounts associated with such content (see Section 6 below). Section 230 of the Communications Decency Act provides Memery with immunity for good-faith content removal or moderation efforts, and these Terms align with that protection. While we may not catch everything, users can help by using in-app reporting tools or contacting us to flag problematic content or behavior. By using Memery, you understand that you may be exposed to content that you find offensive or inappropriate, and you waive any legal claims against Memery arising from others’ content or conduct on the platform.

Copyright Infringement (DMCA) Policy: Memery respects intellectual property rights and complies with the Digital Millennium Copyright Act. If you believe any content on Memery infringes your copyright, please notify us at info@memery.fun with the required information (a description of the work, the URL of infringing material, your contact info, a statement of good faith belief of infringement, etc.). We will respond promptly by removing or disabling access to the allegedly infringing content and notifying the user who posted it. Memery also allows users to submit counter-notifications if they believe content was removed in error. Upon receipt of a valid counter-notice, we may restore the content unless the original complainant informs us they have filed a court action. We terminate, in appropriate circumstances, users who are repeat infringers. (False claims in a DMCA notice or counter-notice may be subject to legal penalties.)

Designated DMCA Agent: If you believe that material available on or through Memery infringes a copyright, please send a notice in compliance with 17 U.S.C. § 512(c)(3) to our designated agent below.

• Designated Agent: Grant Anderson

• Organization: Memery Inc.

• Address: 495 Henry St., #1015, Brooklyn, NY 11231

• Phone: +1 908-671-1716

• Email: dmca@memery.fun

7. Suspension, Termination, and Content Removal

Account Suspension/Termination by Memery: We hope you enjoy Memery, but we reserve the right to suspend or terminate your access to the Service (or any portion thereof) at any time, with or without notice, if we, in our sole judgment, determine that: (a) you have violated these Terms, Community Guidelines, or any applicable law; (b) your conduct creates risk or possible legal exposure for us or our users; (c) your account has been inactive for an extended period; or (d) we choose to discontinue the Service (in whole or part). We may also remove or refuse to distribute any content you provide for any of the above reasons. If we terminate your account and you believe it was a mistake, you may contact us at info@memery.fun to request a review, but we are not obligated to reinstate the account.

Your Termination Rights: You may delete your account at any time through the account settings or by contacting us. Upon termination by you or us, these Terms will cease to apply, except that the following sections will survive: User Content and Intellectual Property (to the extent of content rights granted or any ongoing licenses), Disclaimers, Limitation of Liability, Indemnity, Dispute Resolution, and any other provisions which by their nature should survive termination.

Effect of Termination: If your account is terminated or disabled, you may lose access to your content posted on the Service (we recommend you keep backup copies of important content, as Memery is not obligated to provide copies). Memery is not liable for any loss of data or content resulting from account termination. Even after your access is terminated, these Terms remain enforceable against you with respect to your prior use. Any content you have publicly posted or shared with others may remain accessible even after your account is removed, as it is out of our control on others’ devices or if re-shared by others.

8. Third-Party Services and App Stores

Third-Party Links and Services: The Service may contain links to third-party websites or services. Memery does not own or control these third-party services, and if you access them, you do so at your own risk. We are not responsible for third-party content or services, and your use of them may be subject to their terms and privacy policies. For example, if you link your Memery account to a third-party account, or use a feature integrating a third-party tool, you authorize Memery to share certain information with that third party, and you understand that their use of that information will be governed by their privacy policy. The Service may link to or incorporate services provided by Tremendous Inc. (reward fulfillment), PayPal Holdings Inc., Venmo, and participating banking partners. Your prize redemption is also governed by the terms and privacy policies of those third parties, and Memery is not responsible for their acts or omissions.

App Store Terms: Upon downloading the Memery app from the Apple App Store (or any other app store), please note the following: (a) This agreement is between you and Memery only, not with the app store provider. (b) The app store provider is not responsible for the Memery app or its content. For example, Apple Inc. has no obligation to provide any maintenance or support services for our app, nor any warranty for it. (c) If the Memery app fails to conform to any applicable warranty, you may notify Apple (if you obtained the app via Apple’s App Store); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation and no other liability for any other claims, losses, or damages related to the app. (d) You acknowledge that Apple is a third-party beneficiary of these Terms. This means Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. For example, if you violate any of these Terms in a way that infringes Apple’s rights or policies, Apple would be entitled to step in and enforce the relevant term. (e) You must also comply with all applicable third-party terms of agreement when using the Memery app. For instance, if your use of Memery is subject to usage limits of your mobile data provider or another service, you are responsible for adhering to those limits.

9. Disclaimers of Warranties

Memery strives to provide a great service, but there are certain things we cannot guarantee. Use of the Service is at your own risk. The Service (including all content, functions, and features made available on or through it) is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Memery and its officers, directors, employees, and agents disclaim all warranties and representations of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not guarantee that any content (including User Content) is accurate, complete, or reliable. Memery does not warrant that the Service will meet your expectations or requirements, or that any defects will be corrected.

If applicable law does not allow the exclusion of certain warranties, some or all of the above disclaimers may not apply to you, but in such case our warranties will be limited to the minimum scope permitted by law.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Memery Inc. and its affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, nor for any loss of profits, revenue, data, goodwill, or other intangible losses, whether the claim is based in contract, tort, statute, strict liability, or otherwise, and even if Memery has been advised of the possibility of such damages. Memery is not liable for any delay, failure, or error by Tremendous, PayPal, Venmo, or any banking partner in disbursing Contest prizes.

In all events, Memery’s total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed (i) the greater of one‑hundred U.S. dollars (US $100) or the minimum amount required to avoid unenforceability under applicable law, or (ii) the amount you actually paid Memery for the Service in the twelve (12) months preceding the claim, whichever is higher. Nothing in this Section limits liability that cannot lawfully be limited.

Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law, including but not limited to liability for (i) gross negligence, willful misconduct, or fraud; (ii) death or personal injury caused by negligence; or (iii) violation of any non-waivable statutory right.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such cases, the above limitations apply only to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Memery Inc., its parent, subsidiaries, and affiliates, and their officers, directors, employees, and agents (the “Memery Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content or your violation of any third-party rights (such as intellectual property or privacy rights); (c) your breach of any provision of these Terms or of any applicable law; or (d) any dispute you have with another user or third party relating to your use of the Service. Memery reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). This indemnity obligation will survive these Terms and your use of the Service.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms—and any dispute, claim, or controversy arising out of or relating to them or the Service (“Dispute”)—are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-law rules. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of the arbitration agreement below.

12.2 Arbitration Agreement

Binding, individual arbitration. Except for the limited exceptions in clause 11.2(b), you and Memery agree that all Disputes will be resolved only by binding arbitration on an individual basis. By using the Service you waive the right to trial by judge or jury and to participate in a class or representative action.

• (a) Informal resolution first. Before either party starts arbitration, it must send the other a written notice describing the Dispute and the relief sought. Send notice to: Memery Inc., Attn: Legal, 495 Henry St. #1015, Brooklyn, NY 11231, USA, info@memery.fun. If the Dispute is not resolved within 30 days, either party may commence arbitration.

• (b) Exceptions – small claims and IP relief. Either party may (i) bring an individual action in small-claims court in the county where you live or in New York County, New York, or (ii) seek injunctive or other equitable relief in court for actual or threatened intellectual-property infringement or misuse of the Service.

• (c) Rules and seat. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or, if inapplicable, its Commercial Rules). The seat (legal place) of arbitration will be New York, New York, USA, and the FAA will apply. Hearings may proceed by video or telephone when appropriate.

• (d) Powers of the arbitrator. The arbitrator has exclusive authority to decide arbitrability, scope, and enforceability of this agreement and may award any relief available in court to the individual claimant. The award will include written findings and will be final and binding, subject only to limited FAA review.

• (e) Fees and costs. AAA rules govern filing-fee allocation. If you are an individual consumer and the arbitrator finds your claims non-frivolous, Memery will pay any portion of the arbitration fees the rules do not waive. Each party bears its own attorneys’ fees unless the arbitrator awards otherwise under applicable law.

• (f) Mass-arbitration batching. If 25 or more similar arbitration demands are filed by or with the assistance of the same law firm or coordinated group, the parties agree that AAA shall: (i) consolidate the demands into a bell-wether group of up to 10 cases; (ii) after awards issue in that group, require the parties to mediate in good faith; and (iii) if necessary, process any remaining cases in sequential batches of 25, with fees assessed only as each batch is filed. This batching procedure applies only to the extent permitted by AAA rules and any controlling law; if not enforceable, the remainder of this arbitration agreement still applies.

• (g) 30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing info@memery.fun with your full name, the email tied to your account, and a clear statement that you wish to opt out. Opting out does not affect any other part of these Terms.

12.3 Class-Action Waiver

All Disputes must be brought only on an individual basis. No class, collective, consolidated, or representative actions or arbitrations are permitted. The arbitrator may grant relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. If a court holds this waiver unenforceable as to any claim for public injunctive relief, that claim (and only that claim) must proceed in court; all other claims remain subject to arbitration.

12.4 Venue for Court Proceedings

If a Dispute is exempt from arbitration (or you validly opt out), such litigation shall be brought exclusively in the state or federal courts located in New York County, New York, USA. You and Memery consent to the personal jurisdiction of those courts and waive any objection to venue or inconvenient forum there.

13. Miscellaneous

Entire Agreement: These Terms (along with the Privacy Policy and any additional guidelines or terms notified to you for specific features, which are incorporated by reference) constitute the entire agreement between you and Memery regarding your use of the Service, and supersede any prior agreements or understandings between us.

No Waiver: If we fail to enforce any part of these Terms, it will not be considered a waiver of our rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Memery.

Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, that provision will be severed from these Terms and not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

Assignment: You may not assign or transfer these Terms or your rights or obligations hereunder to anyone else without our prior written consent. Memery may freely assign or transfer this agreement (in whole or in part) as part of a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion.

No Agency: These Terms do not create any agency, partnership, joint venture, or employment relationship between you and Memery, and neither party has any authority to bind the other in any respect.

Third-Party Beneficiaries: Except as expressly provided in these Terms (for example, the acknowledgment of Apple and Google as third-party beneficiaries in Section 7), there are no third-party beneficiaries to this agreement.

Accessibility: Memery is committed to providing a website that is accessible to all users under WCAG 2.1 AA guidelines. If you encounter accessibility barriers, please email info@memery.fun so we can assist you.

Contact Information: Memery Inc.’s official mailing address is: 495 Henry St #1015, Brooklyn NY 11231. For any questions about these Terms or the Service, you can contact us by email at info@memery.fun. Additionally, under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: You may contact the Complaint Assistance Unit of the California Division of Consumer Services at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210 to resolve complaints or receive further information regarding use of the Service.

By using the Service, you acknowledge that you have read, understood, and agree to these Terms of Service.