Terms of Service

1. Accepting the Terms of Service

The purpose of this website and apps, DankMemes.co (the "Site and apps"), is to provide web publishing services. Please read these terms of service ("Agreement") carefully before using the Site and apps or any services provided on the Site and apps (collectively, "Services"). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. In no event will DankMemes.co or its organizations be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legality. The Services are accessed by You ("Subscriber," "User," or "You") under the following terms and conditions:

 

2. Modifications of terms and conditions to this agreement

DankMemes.co reserves the right to modify any and all terms to this agreement at its sole discretion. It is the responsibility of the viewer to stay current with any and all changes DankMemes.co makes to their service agreement. All modifications to the agreement become effective when posted and your use of the of the website and apps and the services it provides constitutes your acceptance to the terms and conditions of the modified agreement.

 

3. Accessibility and usage of the Services

Subject to the terms and conditions of this agreement, DankMemes.co may offer the Services, as made clear on the Site and apps, and which are utilized by Subscriber, only for Subscriber’s own use, and not for uses benefiting any third party. Services include, but not be limited to, any services DankMemes.co performs for or on behalf of the Subscriber, as well as offer any content (defined below) on the Site and apps. DankMemes.co reserves the right to dictate limitations on certain features and services or restrict Subscriber access and use to parts or all of the Services without notice or liability. DankMemes.co may alter, discontinue, or suspend, prevent the use of the Services at any time, including the availability of any and all features, databases, or Content. DankMemes.co reserves the right to modify these Terms Of Service at any time they see fit, and shall post the revised Terms Of Service on the Site and apps, with notice on the Site and apps or via email communication where possible. It is the Subscribers responsibility to review and become accustomed to such changes. The use of the Site and apps after such modifications represents Subscriber’s acknowledgement and acceptance of the terms and conditions of this agreement with all modified changes. 

Subscriber assures DankMemes.co that should Subscriber be an individual (i.e., not a corporate entity, partnership), Subscriber is at least 13 years of age. Under no circumstances shall a user under the age of 13 provide any personal information to or on DankMemes.co including but not limited to a phone number, address, name, email address). Subscriber certifies that is legally permitted to use the services and form a binding contract with DankMemes.co. Subscriber takes full responsibility for the selection and use of Services and access of the Site and apps. Use of the Site and apps outside of the United States is done at the users own risk. DankMemes.co makes no claim that the Site and apps or content is lawful outside of the United States. User is responsible for meeting the requirements of the laws within their jurisdiction.
DankMemes.co will take reasonable measures to make sure that the Site and apps and the Services are available 24 hours a day, 7 days a week. Occasionally the Site and apps and or Services will be interrupted for upgrades, repairs, maintenance, technological failure, and or any other modifications DankMemes.co sees fit. DankMemes.co will take every reasonable precaution to ensure that planned interruption times are reasonable.
DankMemes.co reserves the right to impose limitations on the use and storage with our without notice at its sole discretion.
You acknowledge that neither DankMemes.co or any organizations will be held responsible or liable in the event that you or any other party is affected by suspension, modication, discontinuance or unavailability of the Site and apps, the Services, and or any form of Content.

 

4. Content and Subscriber Content

4.1 Intellectual Property Ownership

DankMemes.co and/or third parties retain their ownership of any and all intellectual property rights in any and all Content other then that provided by the Subscriber. Subscribers retain their ownership of all intellectual property rights in content they have provided.

4.2 DankMemes.co Site and apps Content

The Site and apps and its contents are intended solely for the use of DankMemes.co Subscribers and to be used in accordance with the terms of this agreement. All content or creative expressions displayed or performed on the Site and apps includes, without limitation, text, audio, video, photographs, images, illustrations, logos, tools, animations, graphics, software or source code, data, scripts, executable files, interactive features, and Themes (as defined below), any of which may be produced, provided, and or made accessible on or through the Services. 

DankMemes.co is protected by copyright laws, in accordance with United States copyright laws, international laws, and other copyright laws. Aside from what is expressly written in this agreement, Subscriber may not modify, publish, copy transmit, upload, participate in the sale or transfer of, reproduce, create derivate works, distribute, or in any form exploit, any of the Content, materials, or Services in whole or in part.
Subscriber is authorized to download or distribute the Content, and other items displayed on the Site and apps for personal use only, assuming the Subscriber adheres to all copyright and notices contained in such Content. Any use of Content, including but not limited to copying, storing, downloading, sharing for any reason other then personal and non-commercial use is prohibited unless written permission has been given by DankMemes.co or copyright holders.

4.3 Subscriber Content

When a Subscriber transfer data, or any form of Content to DankMemes.co through the services provided on the Site and apps, they are giving DankMemes.co and its organizations a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights granted to DankMemes.co are to be used for but not limited to the operations, improvement, and development of the Site and apps. This license that is provided to DankMemes.co shall remain active even after the Subscriber has stopped using the Site and apps and or Services. A subscriber may wish to remove the Content from the Site and apps through a written request but DankMemes.co is not responsible for the removal of content on third party Site and apps and or organizations not directly under the management of DankMemes.co

By submitting material to DankMemes.co, the Subscriber warrants that it has all of the necessary rights and permissions to transfer and grant us the license for such Content to the Site and apps.
DankMemes.co operates as a Content hosting provider that hosts Content by and for the Subscriber. DankMemes.co has the right to place advertising, promotions, notifications or identifiers and watermarks on or near your Content at DankMemes.co full discretion.
DankMemes.co reserves the right to moderate any Content. DankMemes.co is not responsible for what a subscriber uploads and DankMemes.co is under no obligation to remove, censor, or modify any inappropriate Content. DankMemes.co has designed easy to use buttons placed directly on the Site and apps that allows users to report such inappropriate Content. Once Content is reported, DankMemes.co will review and take action in accordance with the Content submitted. DankMemes.co may remove any Subscriber Content at their discretion if such Content breaches any conditions or terms of any agreements with the Site and apps, including but not limited to, copyright infringing, inappropriate, violation of law, hateful, defamatory, threatening, offensive or harassing material. DankMemes.co is not responsible for the removal of such Content and will not be held responsible or share any liability from the removal of Content.

 

5. Warranty disclaimer

DankMemes.co is not an agent of the Subscriber and has no relationship, obligation, or fiduciary duty to the Subscriber. Subscriber acknowledges that DankMemes.co cannot control, moderate, supervise, and has no obligation to act in regards to: who uses the Site and apps; what Content the Subscriber accesses through the Site and apps; what results from Content on the Site and apps; effects on the Subscriber from Content on the Site and apps; or anything resulting from exposure to the Site and apps and its Content. The Content on the Site and apps is provided by and is the responsibility of the user or Subscriber who provided the Content. Subscriber acknowledges that DankMemes.co does not monitor the Content that is submitted to the Site and apps. The Subscriber releases DankMemes.co from all liabilities for the Subscribers actions or Content that is both submitted, downloaded, or acquired through or on the Site and apps. The Site and apps may contain Content, or steer a Subscriber to Site and apps that have content or information that may be deemed inappropriate. DankMemes.co makes no claims or representations in regards to any content within, accessed, or attained through the Site and apps, and DankMemes.co shall not be held responsible or found liable for the misrepresentations, accuracy, legalities, copyright compliance, or inappropriateness of material of such content. DankMemes.co will make reasonable efforts to maintain, secure, and sustain the Content on the Site and apps. DankMemes.co will not be held responsible or found liable for in any way for the lack of, inability, or failure to maintain, secure, and sustain Content, or access to the Content or other materials that is archived or submitted to the Site and apps. It is the Subscribers sole responsibility to maintain or backup Subscribers own Content.

The Site and apps and the Site and apps elements are provided on an 'as is' and 'as available' basis. To the fullest extent permitted under applicable law, DankMemes.co expressly disclaims all representations and warranties of any kind with respect to the Site and apps, the Site and apps elements and any other products or services available on or through this Site and apps, whether, express or implied, including, but not limited to, any and all warranties (1) of merchantability or fitness for a particular purpose; (2) of non-infringement and title; (3) that any use of the Site and apps will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions; (4) that the Site and apps will be secure, or free of viruses, worms or other harmful components; (5) that the Site and apps and/or the Site and apps elements will satisfy your requirements or expectations; and (6) that information, data or materials presented or displayed on this Site and apps are correct, accurate or reliable.
To the fullest extent allowed by law, DankMemes.co disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site and apps. By using this Site and apps, you acknowledge that DankMemes.co shall not be responsible or liable for any harm that results from (1) use of the Site and apps; (2) downloading information contained on the Site and apps including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site and apps, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

 

6. Restrictions

DankMemes.co Syte and apps, not alowes content:

6.1 Sexually Explicit Content

We don’t allow content that contain or promote sexually explicit content, such as pornography. In general, we don’t allow content or services intended to be sexually gratifying.

Here are some examples of common violations:
  • Depictions of sex acts or sexually suggestive poses.
  • Promotional images of sex toys.
  • Promoting sexually explicit user-generated content.
  • Content that depicts, describes, or encourages bestiality.
  • Content that promote escort services or other services that may be interpreted as providing sexual acts in exchange for compensation.
6.2 Child Endangerment

Dank Memes Syte and apps has a zero-tolerance policy against child sexual abuse imagery. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the Dank Memes Syte and apps Accounts of those involved with the distribution.

6.3 Violence

We don’t allow content that depict or facilitate gratuitous violence or other dangerous activities.

Here are some examples of common violations:
  • Graphic depictions or descriptions of realistic violence or violent threats to any person or animal.
  • Terrorist groups documenting their attacks.
  • Instructions for engaging in violent activities, including bomb- or weapon-making.
  • Instructions on how to commit suicide.
  • Content that promote self harm.
6.4 Bullying and Harassment

We don’t allow content that contain or facilitate threats, harassment, or bullying.

Here are some examples of common violations:
  • Content with user generated (UGC) that lack sufficient safeguards against threats, harassment, or bullying, particularly toward minors.
  • Posts, comments, or photos within an app that are primarily intended to harass or single out another person for abuse, malicious attack, or ridicule.
6.5 Hate Speech

We don't allow content that advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.

6.6 Sensitive events

We don't allow content that lack reasonable sensitivity towards or capitalize on a natural disaster, atrocity, conflict, death, or other tragic event.

Subscriber is hereby held responsible for any and all of its activity in connection with the services provided and accessing of the Site and apps. Any abusive, fraudulent, or otherwise illegal activity or any use of the services and or content in violation of this agreement may be grounds for termination of the subscribers right to the use of the services or access to the Site and apps. Users of Site and apps hereby acknowledges that legal action may be taken by DankMemes.co if any of the terms and conditions of this agreement are violated. Subscriber may not post or transmit, or cause to be posted or transmitted, any solication or communication designed or intended to obtain any private information, passwords, or account information from any DankMemes.co user. Use of the Site and apps or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site and apps or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site and apps or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site and apps, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you and therefore DankMemes.co is not liable for any of these acts.

 

7. Third party websites and apps

A user may gain access to DankMemes.co from a third party Site and apps on the internet by various forms of links. A user may also gain access to a third party Site and apps from our Site and apps through various forms of links. Third party Site and apps are not under the supervision or control of DankMemes.co. Unless explicitly otherwise provided, neither DankMemes.co or any of its make any representation or warranty whatsoever about any third party Site and apps that is linked to the Site and apps whether inbound or outbound links, nor does DankMemes.co endorse the products or services offered by any of these Site and apps. DankMemes.co and and its disclaim: (a) all responsibility and liability for content on third party websites and apps and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site and apps or DankMemes.co with respect to such Site and apps and third party content.

 

8. Account and Security

To have access to the Services of the Site and apps, Subscriber will be required to register with DankMemes.co by providing details such as a username, password, name, and personalized URL. Subscriber is responsible for providing DankMemes.co with accurate, complete, and updated information, including Subscriber’s e-mail address. Failure to comply with this requirement shall act as a violation of this agreement, which can result in the immediate suspension or termination of the Subscriber's access to the account. Subscriber may not impersonate another registered user or attempt to impersonate any individual through the registering of such account on the Site and apps. DankMemes.co has the right to refuse the registration, change, or restrict any registration of a URL at its sole discretion. It is the Subscribers sole responsibility to maintain the privacy of the accounts password. It is the Subscribers sole responsibility to notify DankMemes.co immediately if any actual or suspected breach of Subscribers account occurs. DankMemes.co disclaims any and all liability for the accessing of any data through the unauthorized use of a Subscribers account.

 

9. Limitation of liability

In no event shall DankMemes.co, its directors, officers, shareholders, employees or members be liable with respect to the Site and apps or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site and apps, errors or omissions; or (d) damages related to downloading or posting Content. DankMemes.co's and the Site and apps's collective liability under this agreement shall be limited to three hundred U.S. Dollars. Some places do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.

 

10. Indemnity

Subscriber will indemnify and hold DankMemes.co, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscribers access to the Site and apps, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.

 

11. Fees and payment

We may offer fee-based Services. Our provision of those fee-based Services will be governed by the terms you agree to when you register for the fee-based Service and any terms in this agreement not inconsistent with those terms.

If you register for a fee-based Service, you must designate a payment method and provide us with accurate billing and payment information. All billing information, including payment method, must be kept up to date.
We will bill you for all fee-based Services through the payment method that is associated with any of your fee-based Services. You agree to pay us for all charges incurred under your account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. User represents to DankMemes.co that Subscriber is the authorized account holder or an authorized user of the chosen method of payment for use of paid services.
We may charge for fee-based Services in advance and on a daily, monthly, yearly, lump sum, or other basis. We may, in our sole discretion, post charges to your payment method individually or aggregate charges for some or all of your fee-based Services with us.
Every time you use a fee-based Service, you reaffirm that (a) we are authorized to charge your designated payment method; (b) we may submit charges incurred under your account for payment; and (c) you will be responsible for such charges, even if your account is canceled by you or terminated by us.
Subscriber acknowledges and agrees that the payment for virtual goods, content, or services grants the Subscriber a limited license to use the virtual goods content, and or services as directed on the Site and apps.
DankMemes.co may change its prices at anytime. DankMemes.co will provide notice of such changes by email notification and or on the Site and apps. If you decline to pay the increased price, you may cancel the services prior to the change going into effect.

 

12. Termination

Either party may terminate the use of services provided by DankMemes.co at any time by providing a written request. DankMemes.co reserves the right to suspend or terminate any and all services and use to the Site and apps immediately, without prior notice or liability, if subscriber breaches any of the terms and conditions of this agreement. DankMemes.co may terminate access to the subscriber account, right to use services, or access to the Site and apps by any means without liability. Any and all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, limitations of liability, and ownership provisions. Termination of your access to and use of the Services and Site and apps will not relieve subsriber of any obligations arising or accruing prior to such termination or limit any liability which subscriber or user otherwise may have to DankMemes.co or the Site and apps and services, including without limitation any indemnification obligations contained herein.

 

13. Privacy

Review the Privacy Policy, which governs the use of personal information on the Site and apps and to which Subscriber agrees to be bound as a user of the Site and apps.

 

14. Miscellaneous

This Agreement (including the Privacy Policy), as changed over time, represents the entire agreement between You, the Site and apps and DankMemes.co with respect to the subject matter within this agreement. This Agreement replaces all prior or current understandings or agreements, written or oral, in regarding to the subject matter in the agreement. Deficiencies by either party to exercise in any way any right provided for herein shall not be deemed a waiver of any further rights hereunder. DankMemes.co will not be liable for any failure to perform its obligations hereunder where such failure results from anything beyond DankMemes.co’s reasonable control, including, without limitation, mechanical, electronic or communications failure or abasement. If any provision of this Agreement is found to be impossible to enforce or not valid, that provision shall be restricted or eliminated to the minimum extent that is unavoidable so that this Agreement shall remain in full force and effect and enforceable. This Agreement is not negotiable, assignable or sub-licensable by Subscriber except with DankMemes.co’s prior written consent. DankMemes.co may assign this Agreement in its entirety or in part at any time without the Subscriber’s consent. This Agreement shall be regulated by and interpreted in compliance with the laws of the state of California without consideration to the disagreement of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have power of any kind to bind DankMemes.co in any regard whatsoever.

 

15. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

DankMemes.co has the highest respect for the intellectual property of others. DankMemes.co takes the protection of copyrights extremely seriously, and will continue to do everything within their reasonable ability to ensure the protection of the copyrights and the copyright holders. 

DankMemes.co’s intellectual property policy is to (a) remove material that DankMemes.co believes in good faith to be, upon notice from an intellectual property owner, or their agent, is infringing the intellectual property of a third party by being made available through the Services and or services, and (b) remove any Subscriber Content posted to the Services by “repeat infringers.” DankMemes.co considers a “repeat infringer” to be anybody that has submitted material or content to the Services and for whom DankMemes.co has received more than two requests to takedown the content, compliant with the provisions of 17 U.S.C. § 512(c). DankMemes.co has discretion, however, to disable or terminate the account of any subscriber after the receipt of one notification of a copyright infringement or after DankMemes.co determination.

 

Procedure for Reporting Claimed Infringement

If you or anyone believes that any of the content made available on or through the Services has been exploited or used in a manner that infringes an intellectual property right you own or control, then please notify us immediately via any of the following contact methods provided below or within this article.

- Use the “Report Post” feature tool built into the website and apps on each page of content. After clicking the “Report Post” link, make sure you select why you are reporting the post. It’s as easy as that! Once DankMemes.co receives the notification they will look into your concern and or contact with you any additional questions.

If you are the owner or a designated agent of a copyright and would like to submit a claim including all necessary documentation; Follow the instructions below:



- Copyright Department:

Copyright@DankMemes.co

 

Each claim must include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

• Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

• Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DankMemes.co to locate the material;

• Information reasonably sufficient to permit DankMemes.co to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

 

Counter Notification

If you receive a notification from DankMemes.co that material made available by you on or through the Services and has been the subject of an infringement claim, then you will have the right to provide DankMemes.co with what is called a “counter notification.“

The counter notification must be in writing to be valid and sent to one of the contact methods provided within the Agreement. The counter notification must also include the following information:

• A physical or electronic signature of the subscriber;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

• The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which DankMemes.co may be found, and that the subscriber will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

 

DankMemes.co, upon receipt of Counter Notification, will:

Promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification

DankMemes.co will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter Notice, unless DankMemes.co Copyright Department first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on DankMemes.co system or network.
For any other matter relating to the Services, please use the contact form directly on the website and apps: DankMemes.co contact.

 

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.