Memeky offers a personalized subscription service that allows our subscribers to access enhancements to the platform's content (hereinafter "Memeky content") over the internet on certain computers and other internet-connected devices ("Memeky compatible devices"). These Terms of Use govern your use of our service. For the purposes of these Terms of Use, “Memeky service”, “our service” or “the service” refers to the personalized service provided by Memeky to find and access Memeky content, including all its features and functionality, recommendations and reviews, our websites and user interfaces, as well as all content and software associated with our service.
1.2. On certain occasions, we present various subscription plans to you. Some subscription plans may have different conditions and limitations, which will be set out when you register or in other communications that you can consult. You can check more details of your Memeky subscription on the Memeky.com website, in the "Settings" link you will find it by clicking on your profile photo at the top of the screen, in the tab that has appeared.
1.3. It is strictly prohibited to share Premium content with users who are not subscribed to Memeky. In the event that the rules are violated, the corresponding measures will be taken.
2.1. Billing cycle. The subscription fee for the Memeky service will be charged to your Payment Method on the payment date indicated in the Settings > Subscriptions section. The length of your billing cycle will depend on the type of subscription you chose when you signed up for the service. In some cases, the billing date may change, such as if your Payment Method is not set up correctly, if you have changed subscription plans, or if your paid subscription started on a non-existent day in a given month. Visit the Memeky website and click the Settings > Subscriptions link to check the date of your next payment.
2.2. Payment methods. To use the Memeky service you must provide one or more Payment Methods. If your primary Payment Method is declined or is no longer available for us to charge you for your subscription fee, you authorize us to charge you through any other Payment Method associated with your account. You will remain responsible for any uncollected amounts. If we are unable to collect an amount (for reasons such as the expiration of your Payment Method, lack of funds or any other cause) and you do not cancel your account, we may suspend your access to the service until we have collected the debt through a Method valid payment. The issuer of some Payment Methods may charge you certain fees for items such as a foreign currency transaction or other charges related to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
2.3. Cancellation. You can cancel your subscription to Memeky at any time. Payments are non-refundable and we do not provide refunds or credits for partial subscription periods or for unused Memeky content. To cancel your subscription, go to the Settings > Subscriptions > Unsubscribe page and follow the cancellation instructions. If you cancel your subscription, your account will stop being premium on the last day of the month in which the cancellation was made. If you skip some of the cancellation steps, your account will not be canceled and the subscription and therefore the payment will continue. If your card does not have funds or for any reason the payment is not made to continue with the subscription, our software will detect it and your subscription will automatically be canceled.
2.4. Price changes. We may change our subscription plans and pricing from time to time. However, no price changes or changes to your subscription plans will take effect sooner than 30 days after our notification. Whether the price of the current active plan of your current subscription increases or decreases, you will be informed by email and payment will be made. By accepting these terms and conditions you agree to agree to this policy and terms.
2.5. Subscription plan changes. If you change your plan when you have a current one, it is non-refundable and immediately after paying correctly you will have the last plan chosen and the previous one will be canceled and no more month will be charged.
Sometimes we offer you special promotions, plans, offers or subscriptions. Memeky determines your eligibility for the Offers in its sole discretion, and we reserve the right to void the Offer and block your account if we determine that you do not meet the eligibility requirements. We may use information such as device identifiers, Payment Method, or an account email address used with an existing or recent Memeky subscription to determine if you are eligible for the Offer. Eligibility requirements and other limitations and conditions will be set forth when you register for the Offer or in other communications that you may consult.
4.1. To subscribe to the Memeky service you must be 18 years old or the age of majority in your country.
4.2. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works, offer for sale, or (except as expressly authorized in these Terms of Use) use any content or information contained in the Service. Memeky or obtained through it or in it. You also agree not to circumvent, remove, alter, deactivate, lower or impede any of the content protections of the Memeky service; not use any robot, spider, scraper or other automated means to access the Memeky service; not decompile, reverse engineer or disassemble any computer programs or other products or processes accessible from the Memeky service; not to introduce any code or product or manipulate the contents of the Memeky service in any way; and not use any data searching, gathering or extraction methods. Additionally, you agree not to upload, post, email or otherwise transmit any material designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment associated with the Memeky service, such as computer viruses or other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or if you engage in illegal or fraudulent use of the service.
4.3. The Memeky software is developed by Memeky or for Memeky and may only be used to access authorized Memeky content using Memeky-compatible devices. This software may vary by device and media, and its features may also differ between devices. You acknowledge that use of the Service may require third party software subject to licenses from such third parties. You agree that you may automatically receive updated versions of the Memeky software and related third-party software.
4.4. Passwords and account access. The subscriber who created the Memeky account and whose Payment Method charges the fees (the "Account Holder") is responsible for the activity that occurs through said Memeky account. To maintain control over the account and prevent anyone from accessing it (which would include information about the account's viewing history), the Account Holder must maintain control of their Memeky account, to access the service and not reveal to anyone neither the password nor the Payment Method details associated with said account. You are responsible for updating and maintaining the accuracy of the information you provide us about your account. We may terminate or lock your account to protect you, Memeky, or our partners from identity theft or other fraudulent activity.
4.5 Legal actions. In the event of non-compliance with any of these points, we reserve the right to demand the amount of more than 100,000 euros from the user for damages to our company if we consider it appropriate.
5.2. Subsistence. If any provision or provisions of these Terms of Use are declared invalid, illegal or ineffective, the validity, legality and effectiveness of the remaining provisions will remain in full force and effect.
6.1. We may, but are not obligated to, moderate or review your Content for compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable laws.
6.2. It is our policy to suspend access to any Content you post on Memeky that we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable laws while we investigate the alleged non-compliance. compliance or illegality of said Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@Memeky.com. Following our investigation of suspected non-compliance or illegality of the Relevant Content, we may take any action we deem appropriate, including restoring access to the Content or permanently removing or disabling access to the Relevant Content without obtaining any consent from you and without prior notice. warning. You agree that, at your own expense, you will promptly provide us with all reasonable assistance (including providing us with copies of any information we request) in our investigation.
6.3. We may investigate any suspected or suspected misuse, abuse, or illegal use of Memeky and cooperate with law enforcement agencies in such investigation. We may disclose any information or records in our possession or control about your use of Memeky to law enforcement agencies in connection with any law enforcement investigation of any suspected or suspected illegal activity, to protect our legal rights or interests, or in response to legal process.
6.4. We may change the third-party payment providers used to process payments on Memeky and, if we do, we will notify you and store the relevant details in your Memeky account.
6.5. Tools. We are committed to making tools available to users so that they can report inappropriate content.
7.1. We do not authorize or approve the Content on Memeky, and the opinions expressed by Creators or Fans on Memeky do not necessarily represent our opinions.
7.2. We do not grant you any rights in relation to the Content. Any of these rights can only be granted to you by the Creators.
7.3. Your content can be seen by people who recognize your identity. We will in no way be liable to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Memeky, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will not have any claim against us arising from its use. or trust in any technology
7.4. Geolocation or geolocation in Memeky.
7.5. All Content is created, selected and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not screen or modify Content that is stored or transmitted through Memeky. We have no obligation to monitor Content or detect violations of the Terms of Service (including the Acceptable Use Policy).
7.6. You agree that you are under no obligation to follow any suggestions, comments, reviews or instructions received from another Memeky User and that if you choose to do so, you do so at your own risk.
7.7. We make no promises or guarantees of any kind that Referring Creators or Users will earn any amount of money (or any amount of money) from using Memeky (including the Memeky Referral Program and Duels).
7.8. The materials we make accessible on Memeky for users are for general information only. We make no promises or warranties about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
7.9. We do not promise that Memeky is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access Memeky. You must use your own antivirus protection software.
7.10. We are not responsible for Internet availability or for any errors in your connections, device or other equipment, or software that may occur in connection with your use of Memeky.
7.11. While we try to make sure that Memeky is safe and free of bugs and viruses, we cannot promise that it will be and we have no control over the Content that Creators provide.
7.12. You acknowledge that once your Content is posted on Memeky, we cannot control and will not be responsible to you for any use of such Content by other Users or third parties. You may delete your account at any time, but you acknowledge that deleting your account will not in itself prevent the circulation of your Content that may have been recorded by other Users in violation of the Terms of Service or by third parties prior to the deletion of your account.
7.13. Memeky assumes no responsibility or liability for any content or user comments that you or any other user or third party post or transmit using our Service. You understand and agree that you may be exposed to User Content that may be inaccurate, objectionable, inappropriate, or not consistent with your objectives.
7.14. To the maximum extent permitted by law, Memeky shall not be liable for any indirect, incidental, special, consequential or punitive damages, nor for any economic loss, income or profits, whether directly or indirectly consequential, or for any loss of information, loss of content, use, goodwill, or intangible losses resulting from (a) your access to or use of or inability to access or use the service; (b) any conduct or content of a third party on the Service, including, but not limited to, any defamatory, offensive or illegal conduct of another user or third party; or (c) unauthorized access, use or alteration of your transmissions or content. Memeky will not be in any way responsible for any claims or complaints related to the service.
7.15. Memeky will not accept any liability for any losses that are not attributable to any breach on your part. Business losses (including lost profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred). Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of services between both parties was formalized.
7.16. We are not responsible for any complaint, fine, trial, or liability regarding copyright, for the content of our users. By accepting this contract, you agree to assume all responsibility for any possible damages caused by copyright.
8.1. You confirm that you own all intellectual property rights (examples of which are copyrights and trademarks) in your Content or that you have obtained all necessary rights in your Content that are required to grant licenses in respect of your Content to us. and other Users. This includes any rights required to participate in acts covered by subsection 8(b) below, in any territory in which Memeky is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
8.2. You agree to grant us a license under all of your Content to perform any act restricted by any intellectual property rights (including copyrights) in such Content, for any purpose reasonably related to the provision and operation of Memeky. Such acts include reproducing, making available and communicating to the public, displaying, performing, distributing, translating and creating adaptations or derivative works of your Content, and otherwise dealing in your Content. The license granted to us pursuant to subsection 8(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Memeky, that we do not have to pay you for the license, and that we may sublicense your Content to another person or assign or transfer the license to another person. . This license will allow us, for example, to add stickers, text and watermarks to your Content, make your Content available to other Memeky Users, as well as use your Content for other normal Memeky operations. We will never sell your Content to other platforms, Although we do not own your Content, you grant us the limited right to send infringement (including copyright or trademark) notices on your behalf to any third-party website or service that hosts or is dealing with infringing copies. of your Content without your permission. Although we are under no obligation to do so, we may at any time send or remove such notice to any third party website or service as we deem appropriate. However, we have no obligation to monitor violations of your Content. You agree that, upon request, you will provide us with all consents and other information we reasonably require to send infringement notices on your behalf. Complaint policy on how to file a complaint about intellectual property rights infringement. You waive any moral rights you may have under any applicable law to object to derogatory treatment of any Content posted by you on Memeky. This waiver does not in any way affect your ownership of the intellectual property rights in your Content or the rights you have to prevent your Content from being copied without your permission. The waiver is intended to allow us, when dealing with your Content (as permitted by the license you grant to us in section 8(b) above), to add watermarks, stickers or text to your Content.
8.3. If you are a copyright owner or authorized to act on one's behalf, you can report alleged copyright infringements on Memeky by completing the copyright report through Complaints after you are logged in. When we receive the report, we will take appropriate action, which may include disabling or removing access to the reported content on Memeky. If we disable or remove access to content in response to a report of copyright infringement, we may notify the person who saved it to Memeky so they can file a dispute. We may also send a full copy of the notice to others, as appropriate.
8.4. File a copyright infringement complaint. Log in to Memeky, go to Claims and select the reason for the claim Copyright or Copyright. Fill out the form with the following content:
"I hereby declare that, to the best of my knowledge, the disputed use of the copyrighted material, or a reference or link to such material, is not authorized by the copyright owner, its agent or the law (for example, as a reasonable use)."
"I hereby declare that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner of the copyright or a right exclusive under the copyright allegedly infringed."
If the content you are reporting is an image or video, you can ask us to remove all copies of it. Please note that we can only delete identical copies of the image; If an image file has been resized or modified, we will not be able to find or delete it.
There are potential legal and financial consequences for submitting fraudulent or bad faith copyright infringement reports. Before submitting a report, please ensure that, to the best of your knowledge, the reported content constitutes infringement, including fair use consideration, and that you understand the consequences of filing a false report.
8.5. File a dispute: If your content is removed as a result of a reported copyright infringement, you will receive instructions on how to file a dispute in the notification we send to you by email or through the Memeky website. Please note that you should only file a dispute if you believe content was removed in error.
When we receive a valid dispute, we will send it to the party who reported the content. The information they will receive will include your contact information, which they may use to contact you directly or to take additional steps as they deem appropriate.
If we send the complaint to the party who reported the content and they do not inform us that they have taken legal action in court or before the Copyright Complaints Board to request a resolution so that the content remains disabled, we will restore the content. This process may take time.
8.6. Recurring Infringements: In appropriate circumstances and at our sole discretion, our terms of use provide for the disabling or deletion of the accounts of individuals who repeatedly infringe or are accused of infringing copyrights or other intellectual property rights. Users whose content is removed due to a copyright infringement notice will receive penalties that will count towards Memeky's recurring intellectual property rights infringements.
8.7. Appeal a copyright penalty: If any of your content was removed based on a reported copyright infringement and you are unable (or unwilling) to raise the allegations necessary to file a challenge, but you believe the circumstances justify the removal of the penalty, you can file an appeal to specify the details of the circumstances. We will review the appeal and take appropriate action.
For any dispute you have with us, you agree to contact us first and try to resolve it informally. Neither party may initiate any legal action (whether in court, mediation, or any other forum) until the dispute notification and informal dispute resolution processes described below are completed. Nothing contained in this article shall prevent you or us from seeking temporary injunctive relief in court (or in arbitration) to preserve the status quo or to implement this arbitration clause at the initiation of any dispute. Send an email to support@memeky.com indicating the reason for the dispute, a detailed description and your signature. Notice may only be sent on behalf of an individual party; A dispute notice claiming the rights of more than one party will not be valid. After receiving the dispute notification, Memeky will respond within 60 days to attempt to resolve the dispute out of court. After the expiration of that period, either party may initiate arbitration.
If the dispute cannot be resolved through the mandatory processes described above, you and we agree to resolve any claim, dispute or controversy that may arise out of or in connection with these Terms or the Service through binding arbitration or court.
By accepting this contract you agree not to skip this step and if you do not proceed honestly and go directly to criminal or judicial proceedings, we do not reserve the right to claim a minimum compensation of 250,000 euros or more.
10.2. Every 1st of the month, user content uploaded the previous month will be deleted. Users will have to re-upload new content. Information about battles and duels will be saved and visible in the profile. The data that Memeky believes is necessary for its operations will be stored for as long as necessary in its system.
10.3. Categories: There are different categories of content. Of which they can be free, that is, open to all users or premium, exclusive content for subscribers. The categories can be replaced by others when Memeky considers it necessary.
10.4. Battles: Two memes from two users appear randomly from the same category using our algorithms. A third user votes for the content they like the most. This vote is added to the user who has created the content and is considered the winner of that battle, as a consequence it will appear on the scoreboard as a victory, on the contrary, the user who has not voted for his content will have a defeat added to his scoreboard.
It is totally prohibited to manipulate any vote, Memeky will take the measures it deems appropriate to avoid acts that it considers inappropriate such as eliminating the content, canceling the Memeky account or reporting that user for violating these terms of use.
10.5. Duels: In a duel, there are two parties: the challenger and the challenged. Once the duel is accepted by both parties, the duel begins. The winner of the duel gets the loser's sum of money.
Memeky may change the modalities of the duels when it deems necessary, with prior notice to users.
Visitors should understand that participating in Memeky activities carries financial risks and may be subject to legal regulations in different jurisdictions.
Participation on Memeky should be considered a personal and discretionary decision. Visitors should verify the legality of Memeky's activities in their jurisdiction before participating. Additionally, it is strongly recommended that players set responsible gaming limits and avoid excessive gaming.
10.6. Currency exchange: due to fluctuation, currency exchange may be inaccurate and may incur extra charges for the user or Memeky customer. These charges can amount to up to 10% more than the amount. Memeky is not responsible for the inaccuracy of the amount due to the exchange between currencies.
10.7. Exceptionally, there may be commissions charged by third parties. Likewise, by accepting these conditions of use, you agree to never claim any commission and to agree to them.
10.8. In the event that one of the parties does not accept the duel. The total amount will be refunded less a small management fee. This commission Memeky undertakes to be the minimum for the user and does not rely on an abusive commission. Likewise, by accepting these conditions of use, you agree to never claim any commission and agree to them.
10.9. Offers and promotions: Memeky reserves the right to claim the amounts of any bonuses, refunds or increased payments that have been paid in error. Memeky reserves the right to withdraw the availability of any offer, and/or cancel any duel made with a bonus or offer and eliminate the winnings associated with it, to any specific user or to a group of users at any time in case of having reasonable indications that a bonus or offer is being misused. Memeky may, at any time, make minor changes to the General Conditions of any promotion or offer to correct typographical errors or to improve clarity or user experience and may cancel any promotion or offer for legal or regulatory reasons.
10.10. Winner: Whoever gets the most votes from users in Battles wins the duel. The winner and loser of the duel will receive the result by notification to the website, email or by logging into Memeky Duels > History.
10.11. Using the algorithms created by Memeky they break the tie. That is, there is no possibility of a tie between the two duelists. Memeky reserves the right to change the algorithms to improve its services when appropriate.
10.12. Taxes: The winner of the duel will be subject to compliance with all tax obligations established by the current legislation applicable in their country, if applicable, and will be their sole responsibility to pay them if required. Memeky is not responsible for the payment of tax obligations by users or clients of the service.
Payment must be made according to the established payment methods. These can be changed when Memeky deems necessary.
To proceed with the payment, the user must follow each and every one of the instructions shown on the Website. Payment of the price of the services can only be made through the payment methods indicated on the Website.
Using the payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the card information or other information required.
In the case of payment by credit and/or debit card, payment will be subject to verification and authorization by the issuing entities, but if said entity does not authorize the payment, the purchase procedure initiated cannot be continued. , the order being automatically cancelled, and the purchase and sale of the requested service being understood to have not been carried out.
Once the payment processor receives the purchase order from the User through the Website, pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the transaction is completed.
All payment orders are identified by a code, generated by the payment provider, without which no transaction will be authorized by the corresponding banking entity. This code will be used by Memeky to be able to make the corresponding payments without having to store the payment card data.
In no case will Memeky store the data provided by users through the payment gateway in its own computer systems, and it will only be kept while the purchase is made and the payment is made.
As the winner of the duel to collect the amount. You must fill out a form with the information indicated to proceed with the payment. Our collection provider requires your information to process the transaction.
Charges will be made through the payment method selected by you. You must ensure that the information provided and the data are correct and truthful. Likewise, to proceed the service requires a commission from our payment provider and Memeky. This commission Memeky undertakes to be the minimum for the user and does not rely on an abusive commission. Likewise, by accepting these conditions of use, you agree to never claim any commission and agree to them.
You will receive a notification from the website and email about the start of the transaction. The payment will be effective when all steps have been confirmed by our payment processor and Memeky.
1. Do not alter the normal development of Memeky.
2. Behave honestly and with respect towards other users and Memeky. Dishonest behavior will be considered, specifically, but not limited to, any conduct whose objective is to benefit from technical or human errors.
3. Not use the third party account or payment method or communicate the data of your user registration to third parties or allow the use of your account by any other person, nor use or allow the use of your user registration to carry out your interactions.
4. Comply with any other obligation established by Memeky (including, but not limited to, ensuring that no type of system, software or any other type of automated solution or process is used to obtain - in bad faith - a benefit from our services, the Website or to the detriment of other users) as well as by applicable regulations.
5. Participation in Memeky should be considered a personal and discretionary decision. Use money responsibly and do not borrow money to purchase any of our services. Additionally, it is strongly recommended that players set responsible gaming limits and avoid excessive gaming.
6. Do not upload any file that contains: nudity, pornography, child pornography, sensitive images or content that ridicules public figures, as well as damaging the image of any person.