⚖️Terms of Use
PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY.
These General Terms of Use (the "Terms") apply to your access to, and use of, the Infrastructure (as defined below), including the website https://dailymeme.io/ (the "Website"). These Terms do not alter the terms of any other agreement you ("you" or "your") may have with us ("we", "us" or "our") for products, services or otherwise (the "Agreement"). To the extent there is a conflict between any Agreement and these Terms, the terms of these Terms shall govern. The Terms are entered into between you and us.
By accessing or using, or both, of the Infrastructure, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms and you agree to be legally bound by these Terms. If you do not agree to these Terms, do not use the Infrastructure.
You shall not access or use the Infrastructure if you: (i) do not agree to the Terms, or (ii) are prohibited from accessing or using the Infrastructure by applicable law. You must be 18 (heighteen) years or older to access and use the Infrastructure. If you are under 18 (eighteen) years of age, you are not permitted to access or use the Infrastructure.
You warrant and represent that neither you nor any person for whom you are acting as agent or nominee in connection with your accessing or using the Infrastructure, has been or is: (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury's Office of Foreign Asset Control), United Kingdom, European Union or any other governmental authority (collectively, the "Sanctions"), (ii) a resident in a country or territory that is the subject of country-wide or territory-wide Sanctions, or (iii) otherwise a party with which to the best of your knowledge we are prohibited from dealing under any applicable laws.
You warrant and represent that you are not: (i) located in, (ii) under the control of a legal entity, which is established under the laws of, or resident of, or of an individual, which is a national of, or resident of, (iii) legal entity, which is established under the laws of, or resident of, or (iv) individual, which is a national of, or resident of, any Restricted Territories (as defined below). You acknowledge and agree that for the purposes of the aforementioned provisions, "Restricted Territories" means any jurisdiction or territory in which applicable laws prohibit the access and use of the Infrastructure.
We may make changes to the Terms from time to time. The changes will be effective immediately upon their publication. Please, review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your access to or use of the Infrastructure after the date of publication of the relevant changes shall constitute your agreement to the updated Terms. You can determine when the Terms were last revised by referring to the "LAST UPDATED" legend at the top of then-current version of the Terms on the Website.
If you are accessing or using the Infrastructure with third-party products, hardware, software applications, programs, or devices (the "Third Party Technology"), you agree and acknowledge that: (i) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology; (ii) the Infrastructure may not be accessible through the Third Party Technology, and (iii) we cannot guarantee that the Infrastructure shall always be available on or in connection with such Third Party Technology.
To access or use the Infrastructure you may be asked to provide certain registration details or other information. It is a condition of your access to or use of the Infrastructure that all such information be correct, current, and complete in all respects.
The Terms or any part thereof may be translated into other languages for your convenience. The English language version of the Terms is the version that prevails at all times and in the event of any conflict between the English language version and a translated version, the English language version shall prevail.
Certain features of the Infrastructure may be offered while still in the "beta" version (the "Beta Versions"). We shall use our reasonable efforts to identify the Beta Versions by marking them within the Infrastructure. By accepting the Terms, you understand and acknowledge that the Beta Versions are being provided as a "BETA" version and made available on an "AS IS" and "AS AVAILABLE" basis. The Beta Versions may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA VERSIONS, INCLUDING ANY USAGE FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
DEFINITIONS AND INTERPRETATION 1.1 In addition to the terms defined elsewhere in these Terms, for all purposes of these Terms, the following terms have the meanings set forth in this Section 1.1:
(1) "Content" means any memes, images, text, comments, likes, shares, or other materials posted, shared, or otherwise made available through the Infrastructure;
(2) "Infrastructure" means any one or more of the following: Website, mobile applications, and any other correlative software, materials, documents and IP which we or any of our Affiliate, or both, make available in connection with your access or use, or both, of Daily Meme;
(3) "IP Rights" means all vested, contingent and future intellectual property rights, including worldwide statutory and common law rights, relating to, or owned by the relevant person anywhere in the world in IP;
(4) "IP" means all intellectual property including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights associated with the Infrastructure and Content.
USE OF THE INFRASTRUCTURE 2.1 You are hereby granted the limited, personal, non-transferable and non-exclusive right to access or use, or both, the Infrastructure for personal, non-commercial purposes.
2.2 You shall not: (1) Post, share, or distribute any Content that:
Infringes on intellectual property rights
Contains hate speech or discriminatory content
Is sexually explicit or pornographic
Promotes violence or illegal activities
Contains personal information of others without consent
Is intended to harass or bully others
Is spam or commercial advertising
(2) Use automated systems or bots to access the Infrastructure (3) Attempt to gain unauthorized access to other users' accounts (4) Impersonate other individuals or entities (5) Modify, adapt, or hack the Infrastructure (6) Sell, resell, or lease access to the Infrastructure
2.3 When you access or use the Infrastructure, you agree and understand that:
(1) The Infrastructure has functionality using which you may create and issue digital tokens ("Meme Tokens") associated with your memes or content. In case you or your Related Parties use such functionality, you have sought out and retained legal counsel in relation to creation and issue of the relevant Meme Tokens and you hold all required permits, licenses, approvals or other authorizations necessary to create and issue the relevant Meme Tokens;
(2) You understand and accept that the smart contract system concept, the underlying software application and software platform is still in an early development stage and unproven, which means there is no warranty that the process for creating Meme Tokens will be uninterrupted or error-free;
(3) You understand and accept that blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the smart contract system;
(4) The Meme Tokens can only be accessed by using a specific wallet for digital tokens with a combination of your account information (address), private key and password. You understand and accept that if your private key file or password gets lost or stolen, the Meme Tokens associated with your account will be unrecoverable and will be permanently lost;
2.4 We reserve the right to: (1) Remove any Content that violates these Terms (2) Suspend or terminate accounts that violate these Terms (3) Modify or discontinue any aspect of the Infrastructure (4) Monitor user activity for compliance with these Terms
IP RIGHTS 3.1 By posting Content to Daily Meme, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content.
3.2 You represent and warrant that you own or have the necessary rights to the Content you post and that your Content does not violate the rights of any third party.
3.3 All trademarks, logos, and service marks displayed on Daily Meme are our property or the property of other third-parties.
PRIVACY AND DATA PROTECTION 4.1 We collect and process your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. You hereby represent and warrant that:
(1) You understand and accept that ownership of Meme Tokens carries no rights, express or implied, other than the potential use within the Daily Meme platform;
(2) You understand that with regard to Meme Tokens, no market liquidity may be guaranteed and that the value of Meme Tokens over time may experience extreme volatility or depreciate in full;
(3) You are not creating or trading Meme Tokens for speculative investment or any illegal purposes;
(4) You understand that we have no obligation to buy back any Meme Tokens from you;
(5) You understand and accept that the blockchain used for the smart contract system is susceptible to mining attacks, including double-spend attacks, majority mining power attacks, "selfish-mining" attacks, and race condition attacks;
(6) You have a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptocurrency tokens, and blockchain-based software systems;
4.2 You acknowledge that any Content you post may be visible to other users of the Infrastructure.
BLOCKCHAIN-SPECIFIC PROVISIONS 5.1 The Infrastructure may include blockchain-based features such as: (1) The ability to create and trade Meme Tokens (2) NFT minting of popular memes (3) Blockchain-based voting and curation systems (4) Decentralized storage of meme content (5) Smart contract-based reward systems 5.2 You acknowledge and agree that: (1) All blockchain transactions are irreversible (2) You are solely responsible for maintaining the security of your wallet and private keys (3) We are not responsible for any losses due to blockchain-related technical issues (4) The value and utility of any tokens or NFTs may fluctuate or cease to exist (5) Regulatory changes may affect the availability or legality of blockchain features
MEME TOKEN ECONOMICS 6.1 The Infrastructure may implement tokenomics features including but not limited to: (1) Rewards for creating popular memes (2) Staking mechanisms (3) Governance rights for token holders (4) Token-based content moderation (5) Premium features accessible via tokens
6.2 You understand and acknowledge that: (1) Token distributions may change (2) Rewards mechanisms may be modified (3) Token utility is limited to the Infrastructure (4) We provide no guarantees about token value (5) Token-based features may be discontinued
LIMITATION OF LIABILITY 5.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE INFRASTRUCTURE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE INFRASTRUCTURE; (3) ANY CONTENT OBTAINED FROM THE INFRASTRUCTURE; AND (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
INDEMNIFICATION You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Infrastructure, or your violation of these Terms.
TERMINATION 7.1 We may terminate or suspend your access to the Infrastructure immediately, without prior notice or liability, for any reason.
7.2 Upon termination, your right to use the Infrastructure will immediately cease.
GOVERNING LAW These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.
CONTACT US Questions about the Terms should be sent to us at: support@dailymeme.com
Last Updated: November 12, 2024
Last updated