Terms of Service
Last updated: January 1, 2023
We may revise these Terms at any time. Any changes made to these Terms will be applicable from the date they are published. We will endeavor to notify you of any changes that will be made to these Terms reasonably in advance of the date on which such changes take effect and invite you to accept the new Terms.
Please note that if you do not accept any new Terms we publish, you may no longer be able to access Meme Sound Effects…
- Meme Sound Effects is intended to be accessed by users who are at least 14 years old. If you are under 14 years old, you may not access Meme Sound Effects.
- If you are younger than 18 years old, you should read these Terms and the Other Terms with your parents or guardians to make sure that you understand and agree to be bound by them. By accessing Meme Sound Effects, you are confirming to us that you are at least 14 years old. Your ability to access Meme Sound Effects may be terminated without warning if we have any reason to believe that you are younger than 14 years old.
UPLOADING CONTENT TO MEME SOUND EFFECTS
- Meme Sound Effects includes functionality that enables you to upload and share user-generated content (UGC Functionality). For the purposes of these Terms, any and all information and content that a user submits to or uses with Meme Sound Effects shall be referred to as User Content.
- When using any UGC Functionality on Meme Sound Effects, you agree that you are solely responsible for your User Content. You assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (as set out in Section 5), nor the Other Terms. You shall not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you acknowledge that you may yourself be liable if your User Content violates the Acceptable Use Policy, the Other Terms or breaches any applicable laws or regulations.
- We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- You hereby grant (and you represent and warrant that you have the right and legal standing to grant) to us an irrevocable, non-exclusive, royalty-free and fully paid up, worldwide and temporarily unlimited license to reproduce, distribute, communicate to the public, publicly display and perform, adapt, modify and prepare derivative works of, incorporate into other works, and otherwise exploit your User Content, and to grant sublicenses to any third party of the foregoing rights, for the purposes of making User Content available on Meme Sound Effects, and maintaining, operating, exploiting, advertising and marketing Meme Sound Effects and any other goods or services offered by us, our licensors, partners or related companies. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- You also acknowledge and agree that User Content, once uploaded to Meme Sound Effects, may be downloaded by other users to create more content and that, accordingly, even if you subsequently delete any content, it will continue to be used by those users who download it for the time that it is available.
- The views expressed by other users on Meme Sound Effects do not represent our views or values. We will not be responsible, or liable to you or any third party, for any content posted by you or any other user of Meme Sound Effects.
- We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Meme Sound Effects constitutes a violation of their intellectual property rights, right to privacy or publicity, is defamatory of them, or otherwise infringes any of their other legal rights.
ACCEPTABLE USE POLICY
- You agree not to use Meme Sound Effects to collect, upload, transmit, display, or distribute any User Content: (i) that infringes any third-party right, including any copyright, trademark, design right, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right in any territory where Meme Sound Effects is available; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise in our opinion objectionable; (iii) that is harmful to minors in any way; (iv) that includes any personal data, if uploading it to Meme Sound Effects would be a breach of the the then relevant data protection rules, or infringes any third party’s rights of privacy or publicity or breach any other applicable data protection or privacy legislation in any territory where Meme Sound Effects is available; or (v) that is in violation of any law, regulation, obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through Meme Sound Effects any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through Meme Sound Effects 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; (iii) use Meme Sound Effects to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Meme Sound Effects, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to Meme Sound Effects (or to other computer systems or networks connected to or used together with Meme Sound Effects), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of Meme Sound Effects; or (vi) use software or automated agents or scripts to produce multiple accounts on Meme Sound Effects, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) Meme Sound Effects (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from Meme Sound Effects for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).
- We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate this Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account in accordance with Section 3.5, and/or reporting you to law enforcement authorities.
NOTICE AND TAKEDOWN PROCEDURE
- We do not actively monitor User Content that users of Meme Sound Effects upload onto Meme Sound Effects. We do not therefore accept any responsibility or liability for any such User Content on Meme Sound Effects.
- If you become aware of User Content which infringes your copyright, you may submit a copyright complaint in accordance with our Copyright Policy.
- If you become aware of User Content which is in breach of the IP Guidelines in any other way, does not comply with these Terms nor with our Community Guidelines, or is otherwise unlawful you may notify us, following the procedure set out in our Copyright Policy.
- We have the right to remove User Content at any time for any reason and without notice at our sole discretion. For the avoidance of doubt, any decision we make in connection with the removal or disablement of any content from Meme Sound Effects is final and we shall have no liability to you in respect of any such decision.
MAINTENANCE AND SUPPORT
- We do not guarantee that Meme Sound Effects will always be available or that it will be updated. You acknowledge that we may discontinue or make changes to Meme Sound Effects at any time without notice or liability to you. If we plan to discontinue Meme Sound Effects, we may at our sole discretion notify you in advance within a reasonable period.
- You can report any problems you encounter with Meme Sound Effects to us via firstname.lastname@example.org
INTELLECTUAL PROPERTY RIGHTS
- Meme Sound Effects and any and all features, content, materials and information made available via Meme Sound Effects belong to us, our licensors and our related parties and are protected by intellectual property laws in various territories around the world. Except for User Content you upload to Meme Sound Effects, you agree that you do not own Meme Sound Effects or any part of it or any User Content uploaded by other users that you access through Meme Sound Effects. Meme Sound Effects and User Content provided through it are licensed to you on a limited basis in accordance with these Terms.
- By uploading any content to Meme Sound Effects, you warrant: (i) that you have all the rights and/or authorisations necessary to do so, (ii) that neither the publication of such content nor the exercise of the licences granted hereunder will infringe or violate the rights of any third party.
- In this regard, you hereby grant a free, non-exclusive, worldwide, non-time limited license to Meme Sound Effects and its affiliates to use, reproduce, distribute, publicly communicate (in all its forms), transform and otherwise exploit the User Content and/or any other intangible assets uploaded to Meme Sound Effects, in any media, form and/or format, and for any purpose whatsoever.
- Meme Sound Effects welcomes your comments, feedback, and suggestions. In this regard, you authorize Meme Sound Effects to publish, disseminate, reproduce, distribute, transmit, include in any kind of presentations, brochures, web pages, etc., the testimonials made by you in any social network or by other means, either spontaneously or upon request by Meme Sound Effects. Thus, you expressly authorize Meme Sound Effects, on a non-exclusive basis, free of charge, worldwide and without time limitation, to use your comments, feedback and/or testimonials for any purpose (including commercial), including any photograph, image, text and/or video forming part thereof, including in your profile, as well as the intellectual property rights, industrial and/or image rights related to you and your comments, feedback and/or testimonials.
- On the other hand, subject to your continued compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, revocable, limited licence to access and use Meme Sound Effects and User Content, for your own personal, non-commercial entertainment, but for the monetization generated by content creators through social networks and social media.
- You are only allowed to use and access Meme Sound Effects for your own personal, non-commercial use but for the monetization generated by content creators through social networks and social media, in accordance with these Terms. You are not allowed to copy or distribute or transfer or (except as expressly set out in these Terms or as permitted by Meme Sound Effect’s functionality) communicate to the public any part of Meme Sound Effects or User Content provided through it, or interfere with the normal operation of Meme Sound Effects. Without limitation, you are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works from Meme Sound Effects or any updates or any part thereof, other than as permitted by applicable law. Notwithstanding these restrictions, any open-source software components included in Meme Sound Effects will continue to be governed by the terms on which such open-source software components are generally made available to the public by the relevant open-source licensing entity.
- With the exception of any implied warranties that cannot be excluded by law, Meme Sound Effects and any User Content made available through it are provided on an “as is” basis and we do not make any representation or warranty of any kind, either express or implied in relation to Meme Sound Effects or any User Content made available through it including, without limitation, any warranties in relation to fitness for a particular purpose or in relation to quality, completeness, accuracy or reliability.
- Whilst we will exercise reasonable care and skill to ensure that Meme Sound Effects and any User Content provided through it are virus free, we do not guarantee that Meme Sound Effects will always be available, be uninterrupted, secure or free from bugs or viruses, nor that Meme Sound Effects or any User Content will be free from errors or omissions. Accordingly, we urge you to take your own precautions in this regard (such as using anti-virus software).
- Other than as expressly set out in these Terms, neither we nor any of our third party partners and/or licensors shall be liable (whether based in contract, tort or otherwise) for any claim, loss, liability, damage, cost or expense caused by your use of Meme Sound Effects or any User Content that does not arise as a result of a breach by us of these Terms and is not reasonably foreseeable at the time you entered into these Terms. In no event shall we or any of our third party partners and/or licensors be liable to you for any damages, direct or indirect loss of income or profits that may arise as a result of your use of Meme Sound Effects or any User Content.
- Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded, disclaimed or limited by applicable law.
- You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of or related to your breach of these Terms; any User Content which you publish or contribute to; any behaviour in which you engage on Meme Sound Effects; and any violation by you of any law or the rights of any third party.
- To the extent that you may have any actionable claim under these Terms in connection with Meme Sound Effects you agree that it shall be brought only against us and in accordance with these terms, not any of our licensors, employees, directors, officers, related companies.
- You acknowledge that except as expressly indicated in clauses 4, 8 and 9 these Terms are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to them.
- If we decide not to exercise or enforce any right that we have against you at a particular time, this does not prevent us from later deciding to exercise or enforce that right.
- If any part of these Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from these Terms and the remaining parts of these Terms will continue to be enforceable.
- These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with United States law and you agree to submit to the non-exclusive jurisdiction of the courts of Washington State (USA) unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. Nothing in these Terms affects your rights as a consumer to rely on mandatory provisions required by local law in your jurisdiction.