Terms of Service
Last revised on: May 21th, 2024
The MeemLev website located at www.meemlev.com (“MeemLev” or the “Applications”) comprises copyrighted works owned by MeemLev and its affiliates (“MeemLev,” “us,” “our,” and “we”). Certain features of MeemLev may be subject to additional guidelines, terms, or rules, which will be posted on MeemLev in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms apply to all users and other individuals (“users,” “you,” as applicable) who access, register with, or use MeemLev (collectively referred to as “your use”). This includes all use by you and any user associated with your Account (“your users”).”
These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of MeemLev. By accessing or using MeemLev, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent), including that you are of legal age to enter into these terms (typically, at least 18 years old). neither you nor your users may access or use MeemLev if you or they are not at least 13 years old. IF YOU OR YOUR USERS ARE UNDER 18 YEARS OLD (OR THE AGE OF LEGAL MAJORITY WHERE YOU OR THEY LIVE), YOU OR THEY MAY ONLY USE MEEMLEV UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER 18 YEARS OLD (OR THE APPLICABLE AGE OF MAJORITY), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS AND OMISSIONS OF SUCH USER IN CONNECTION WITH MEEMLEV. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE MEEMLEV OR ALLOW ANY ACCESS AND/OR USE BY ANOTHER USER.
- Account Creation: In order to use certain features of MeemLev, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on MeemLev. We may suspend or terminate your Account in accordance with Section 8. In the event your registration utilizes an account from a third-party, you agree to allow us to access such third-party account as permitted by the applicable terms and conditions governing use of that third-party account.
- Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify MeemLev of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. MeemLev cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Certain Restrictions. The rights granted to you in these Terms, subject to the following restrictions: (a) you shall not distribute any participating content in any MeemLev competition in whole or in part anywhere else on the internet; (b) you do not have the right to reclaim ownership through withdrawing participating content in any MeemLev competition after competition closure or within 3 days from the submission date, whichever occurs first; and (c) you shall not participate in MeemLev competitions with content that that infringes or violates any third-party rights.
- Modification MeemLev reserves the right, at any time, to modify, suspend, or discontinue MeemLev (in whole or in part) with or without notice to you. You agree that MeemLev will not be liable to you or to any third party for any modification, suspension, or discontinuation of MeemLev or any part thereof.
- No Support or Maintenance; No Guarantees. You acknowledge and agree that (a) MeemLev will have no obligation to provide you with any support or maintenance in connection with MeemLev and (b) no guarantees are made related to the quality, reliability or uptime of MeemLev.
- Ownership. With the exception of any User Content you may provide (defined in Section 3), you acknowledge that all other content submitted to MeemLev is owned by MeemLev. These Terms (nor your access to MeemLev) do not grant you or any third party any rights, title, or interest in or to such content. MeemLev reserves all rights not granted in these Terms. No implied licenses are granted under these Terms. Unless expressly permitted by us in writing, you agree not to redistribute, reclaim, or reuse any content or information provided by you to MeemLev.
- Feedback. If you provide MeemLev with any feedback or suggestions regarding MeemLev (“Feedback”) , you hereby assign to MeemLev all rights in such Feedback and agree that MeemLev shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. MeemLev will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to MeemLev any information or ideas that you consider to be confidential or proprietary.
- Purchases. Certain features and usage of MeemLev are offered free of charge, while we also provide access to select services that can be purchased via the MeemLev website. We do not retain payment information beyond completing the transaction for the requested service. If you opt to use MetaMask for payment, connecting your account is required. Although your account remains accessible to MeemLev, we do not conduct any transactions on your behalf without your direct interaction with the Service. Should you wish to disconnect your account at any time, you can do so through the MetaMask wallet. For card payments, MeemLev utilizes Stripe and (if applicable, PayPal), and we advise referring to Stripe’s (if applicable, PayPal’s) terms of service to understand how your card information is handled.
- Compliance with Laws and Regulations. By using our services, you agree to comply with all applicable laws and regulations, including those related to the legitimacy of payments. You confirm that any payments made through our platform are not derived from any illegal or illicit activity, including but not limited to money laundering, terrorist financing, fraud, or any other unlawful source. You acknowledge that you are solely responsible for ensuring the legality and legitimacy of any funds or transactions conducted through your account.
- Content. “User Content” refers to all information and materials submitted by a user to MeemLev, encompassing content within the user’s profile, or uploads in various formats including but not limited to images, videos, or gifs. “MeemLev Content” encompasses all information available on MeemLev platforms (excluding references to third parties), as well as any User Content submitted by users for participation in MeemLev competitions. You assume sole responsibility for all content submitted to MeemLev, whether for competition participation or otherwise, and acknowledge associated risks. By submitting User Content, you affirm and warrant that: (a) it complies with our Acceptable Use Policy; (b) its disclosure and provision do not breach any legal or contractual obligations or third-party rights; (c) you possess all necessary rights, licenses, consents, permissions, and releases for its storage, use, and transfer by both you and us; and (d) it excludes Personal Data unless provided in accordance with applicable law. Violation of the Acceptable Use Policy may subject you to liability due to your sole responsibility for User Content. MeemLev is not obligated to retain backups of any User Content and may delete such content without prior notice. It is your sole responsibility to create and maintain backup copies of your User Content, if desired. “Personal Data” refers to any data deemed personal information under applicable data protection laws, including Regulation (EU) 2016/679 and the California Consumer Privacy Act..
- License. You hereby grant, and represent and warrant that you have the right to grant, to MeemLev and its successors and assigns, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, store, transfer, publicly display and perform, create derivative works of, incorporate into other works, and otherwise use and exploit solely your User Content within the scope of MeemLev Content (content participating in MeemLev competitions). You also grant sublicenses of the foregoing rights for the purposes of including and utilizing your User Content in connection with the operation of its businesses, including the development and enhancement of MeemLev. By granting this license, you hereby irrevocably waive, and agree to cause to be waived, any claims and assertions of moral rights or attribution with respect to such content.
Acceptable Use Policy. Additionally, you agree not to: (i) Upload, transmit, or distribute any computer viruses, worms, or software intended to damage or alter a computer system or data through MeemLev. (ii) Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, via MeemLev. (iii) Harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent. (iv) Interfere with, disrupt, or overload servers or networks connected to MeemLev, or violate the regulations, policies, or procedures of such networks. (v) Attempt unauthorized access to MeemLev or other computer systems or networks connected to or used alongside MeemLev, whether through password mining or any other means. (vi) Harass or disrupt another user’s use and enjoyment of MeemLev. (vii) Use software, automated agents, or scripts to create multiple accounts on MeemLev, or to generate automated searches, requests, or queries to MeemLev (with the exception of public search engine operators, who are conditionally granted revocable permission to use spiders to copy materials from the MeemLev website solely for the purpose of creating publicly available searchable indices of the materials).
You agree to indemnify and hold MeemLev (in whole or in part) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your use of MeemLev; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; and (d) your User Content. MeemLev reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You also agree not to settle any matter without the prior written consent of MeemLev. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- Third-Party Links. MeemLev may contain links to third-party websites and services. These Third-Party Links are not under the control of MeemLev, and therefore, MeemLev cannot be held responsible for them. While MeemLev offers access to these Third-Party Links for your convenience, it does not review, approve, monitor, endorse, warrant, or make any representations regarding them. You assume all risks when using Third-Party Links and should exercise caution and discretion accordingly. Clicking on any Third-Party Link subjects you to the terms and policies of the relevant third party, including their privacy and data collection practices. It is advisable to conduct thorough investigations before engaging in any transactions associated with these Third-Party Links.
- Release. You hereby release and forever discharge MeemLev (in whole or in part) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, MeemLev (including any interactions with, or act or omission of, other MeemLev users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
MeemLev reserves the right to change at any time and in any manner, at its sole discretion. This may include updates to and discontinuation of features previously available. We do not guarantee the quality, reliability, or uptime of MeemLev. Furthermore, we make no representations or warranties regarding the current laws that might apply to you, including ownership of your User Content. We advise against relying on MeemLev or creating any dependency related to it in any manner. You acknowledge and agree that (a) we will not be liable to you, your customers, or any third party for any harm caused by your reliance or dependency on MeemLev. Additionally, you assume all risks associated with copyright violations regarding all content submitted to MeemLev, whether participating in a MeemLev competition or not.
MEEMLEV IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MEEMLEV EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT MEEMLEV WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO MEEMLEV, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEEMLEV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, MEEMLEV, EVEN IF MEEMLEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, MEEMLEV IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Subject to this Section, these Terms will remain in full force and effect while you use MeemLev. We reserve the right to suspend or terminate your rights to use MeemLev (including your Account) at any time and for any reason at our sole discretion, including for any use of MeemLev in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use MeemLev will be terminated immediately. You acknowledge that any termination of your Account may involve the deletion of your User Content associated with your Account from our live databases. MeemLev will not be liable to you for any termination of your rights under these Terms, including the termination of your Account or deletion of your User Content. Even after the termination of your rights under these Terms, the following provisions will remain in effect: Sections 2 through 10.
MeemLev upholds the intellectual property rights of others and expects the same from users of MeemLev. Accordingly, we have implemented a policy in compliance with copyright law. This policy involves the removal of any infringing materials and the termination of MeemLev users who repeatedly infringe intellectual property rights, including copyrights, under appropriate circumstances. If you suspect that a MeemLev user is unlawfully infringing on the copyright(s) of a work through their use of MeemLev, and you wish to have the allegedly infringing material removed, please provide the following information in the form of a digital notification to privacy@meemlev.com:
- . your electronic signature
- . identification of the copyrighted work(s) that you claim to have been infringed;
- . identification of the material on our services that you claim is infringing and that you request us to remove;
- . sufficient information to permit us to locate such material;
- . your address, telephone number, and e-mail address;
- . a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- . a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please be aware that any misrepresentation of material fact (falsities) in a digital notification automatically exposes the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the digital notification and allegation of copyright infringement.
- Changes. These Terms may be revised occasionally, and significant changes will be communicated to you via email sent to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on MeemLev. It is your responsibility to ensure we have your current email address. Even if the last email address provided is invalid or incapable of receiving the notice described above, our dispatch of the email containing such notice will still constitute effective notice of the changes. Your continued use of MeemLev following notice of such changes indicates your acknowledgment and agreement to be bound by the terms and conditions of such changes.
- Electronic Communications. Communications between you and MeemLev are conducted electronically, whether you interact with MeemLev, send us emails, or receive notices from us on MeemLev or via email. For contractual purposes, you (a) consent to receive communications from MeemLev in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided by MeemLev to you electronically fulfill any legal requirement that such communications would satisfy if they were in hardcopy writing. Your non-waivable rights remain unaffected by the foregoing.
- Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of MeemLev. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Section titles in these Terms are provided for convenience only and do not hold legal or contractual significance. The term ‘including’ indicates ‘including without limitation.’ If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in effect, and the invalid or unenforceable provision shall be modified to the maximum extent permitted by law to make it valid and enforceable. Your relationship with MeemLev is that of an independent contractor; neither party acts as an agent or partner of the other. These Terms, along with your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without prior written consent from MeemLev; any attempted transfer in violation of this provision shall be null and void. MeemLev retains the right to freely assign these Terms, and the terms and conditions outlined herein shall bind any assignees.
- Copyright/Trademark Information. Copyright © 2024 MeemLev. All rights reserved. The trademarks, logos, and service marks (“Marks”) displayed on MeemLev are either owned by us or third parties. You are prohibited from using these Marks without our prior written consent or the consent of the third party that owns the Marks.