MEMECHAT TERMS & CONDITIONS

Meme Chat is an app which is owned and operated by Meme Chat Private Limited, CIN: U92190HR2019PTC079374, a company incorporated under the Companies Act, 2013 (hereinafter referred to as “Company”). Meme Chat takes the private nature of your personal information very seriously.

TERMS OF USE

This page (together with the documents referred on it) set out the terms of use by which you may make use the Meme Chat App or any other app or website/domain names of Meme Chat App (hereinafter referred to as the “App”), whether as a guest or a registered user. Please read and understand the Terms of Use fully and carefully before you start to use the App. By using our App, you indicate that you have read and accepted the Terms of Use, which include the privacy policy that applies to our APP (the "Privacy Policy") and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our App. The same will be legally binding and will govern your use of our services provided under the App. You agree that you have provided true, accurate, current and complete information in connection with any use or access of the App.

Your use of the App or any of the products or services offered on the site (collectively, referred to as the "Services") is subject to these Terms of Use including the Privacy Policy (hereinafter referred to as the "Terms ").

We at our sole discretion, reserve the right not to accept a user from registering on our App without assigning any reason thereof. The Company reserves the right to block you from any particular service or section of the App, if at it's sole discretion, the Company feels that a member is disrupting any service or section of the App , or in some other way negatively affecting the Services or the App or the members within the App. You agree that any previously posted material (ie. comments, videos, links, etc.) within any section or on any post or content will no longer be available to you for editing and/or removal while they are blocked from that service or section. By joining, you agree that the Company is not obligated to explain the reasoning behind its decision or of blocking or restricting your use of the services.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

In exchange for access to this App, you release the Company from any and all risk, obligation, or liability that may result from your use of this App. The Company makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in this App. Since this App is updated on a periodic basis, it may not contain the most recent information. The Company reserves the right to update or change information contained in this App at any time. The Company is not responsible for information appearing at hyperlinks. In consideration for your use of and access to this App, you agree that in no event will the Company or any other party involved in creating, producing or delivering this App, or any other App/site of the Company, or any site linked to this App, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this App. In consideration for your use of and access to this App, you agree that no portion of this App will be copied without prior written authorization from the Company. By accessing any link on this App, you agree to take full responsibility for your actions.

Your use of our App constitutes your binding acceptance of these Terms, including any modifications that we make. Once any updated Terms are in effect, your further use of our App and Services will be construed as your express acceptance of the amended terms and you will be bound by them.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE APP. We may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on our App.

REGISTRATION AND USE OF PASSWORD

We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the App. We reserve the right to disqualify users with multiple email id registrations on the App. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE APP WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible.

It is also remotely possible for others to obtain personal information about you due to your use of the App and the recipient might use such information against you. The Company is not responsible for any such hack or unauthorized use of any personal information and the you shall be solely responsible for any personal information that you disclose on your account or during the course of your use of the Service.

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Use. In any event, you affirm that you are over the age of 14, as the Service is not intended for children under 14. If you are under 14 years of age, then do not use the Service.  

APPROVAL TERMS & GUIDELINES

Any registered user has the ability to upload their own content, which can be memes/comments/profile pictures/ information (hereinafter referred to as the “Meme”). All information is public and are publically displayed. The said information may be viewed and/or shared by other users. You are solely responsible for the meme, content or information you upload, publish or display on the App or transmit to other users of the App.

We follow strict guidelines/rules while approving the post by any of the registered users to maintain the quality of the content and keep it safe for the audience at a generic level. These rules are to be followed by everyone, and are listed below.

  1. You will not post on the App, or transmit to other users of the App, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, rude, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). The App reserves the right to delete any account it views to be in violation of any of the above, without any requirement to provide any warning or explanation for it's decision.
  2. You will not upload any objectionable meme or content i.e. obscene content  or photos containing nudity or adult material and the App reserves the right to accept or deny any post or photo submitted for any reason, including but not limited to a judgement that the post or photo is objectionable or fake. If any user conitniues to upload objectionable post or photos, the App shall have the full right to block and/ or ban that particular user from the App temporarily or permanently at their discretion.
  3. You will not upload any meme or post that is offensive sexually, explicit, obscene, hurts religious sentiments or is politically unacceptable and incase any such post is uploaded on the App, the App shall have the sole discreation to remove the post without giving any reason whatsoever. The decision of the App shall be final and binding.
  4. You will not interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the App, or by scripting the creation of Content or post in such a manner as to interfere with or create an undue burden on the App.You will not spam the caption of any Post or Content with any link as well.
  5. You will not threaten violence against an individual or a group of people. The App also prohibits the glorification of violencein any manner whatsoever.
  6. You will not threaten or promote terrorism or violent extremism in any manner.
  7. You will not engage in the targeted harassment of someone, or incite other people to do so. This includes wishing or hoping that someone experiences physical harm.
  8. You will not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
  9. You will not promote or encourage suicide or self-harm.
  10. You will not post content that is excessively gory or share violent or adult content within live video or in profile or header images. Media depicting sexual violence and/or assault is also not permitted.
  11. You may not use our App for any unlawful purpose or in furtherance of illegal activities. This includes selling, buying, or facilitating transactions in illegal goods or services, as well as certain types of regulated goods or services.
  12. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the App. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the moderators of the App may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause any liability to the App.
  13. You must immediately notify the Company of any unauthorized uses of your APP, your account or any other breaches of security. The App will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions
  14. You will not post links to other websites in public areas or your own profile page. The App reserves the right, but has no obligation, to delete any post, blog, comment or description that includes a link to another website. The App reserves the right, but has no obligation, to delete any account posting links to other websites.
  15. Users which don’t follow these rules or continue to violate them, will have their account suspended or deleted.

Please note that your post will be approved/declined by the moderators of the App within a few minutes, however there can be a delay sometimes. So please bear with us, and do not flood us with emails or messages unless required.

COMPLAINTS

If you think the App may have breached your privacy, you may contact us to make a complaint and rectify our actions. In order to ensure that we fully understand the nature of your complaint and the outcome you are seeking, we prefer that you make your complaint in writing via email to the below mentioned email address. Further, in accordance with Information Technology Act, 2000 and rules made thereunder, from time to time, the name and contact details of the grievance officer who can be contacted with respect to any complaints or concerns, including those pertaining to breach of Terms, and other policies or questions, are published as under:
Name: Monish Hardasani
Email Address: monish@memechat.app

POINTS SYSTEM

On the basis of activity on your uploaded Meme, you will be entitled to recieve a fixed number of points for the said activity as listed hereinbelow. The points associated with each of the above event are listed below:

S. No.

Actitvity

Points Associated

When you Sign-Up on the App

1 Point

When the meme gets approved

2 Points

When someone adds your meme to his/her collection.

2 Points

When someone tags other people on your meme

(No. Of people tagged)*1 Point

  1.  

When someone comments on your meme.

2 Points

When you get an upvote

1 Point

When you get a downvote

-1 Point

Please note that users who try to manipulate the rankings by using fakes accounts/ids or any sort of accounts to up/down vote any memes will be instantly banned from the app.

VIRTUAL CURRENCY

The app includes virtual currencies like MemeChat Coins (hereinafter referred to as ‘Coins’) for use within the App only. The said Coins shall be available for purchase within the App by way of an in-app purchase wherein users can purchase the Coins by paying real money via PayTM; at the rate of 1 MemeChat Coin = 1 INR.

You agree that the Coins have no real life monetary value and can only be exchanged for real money by the Company or its developers, employees, owners, directors, their licensees and licensors, and their employees, contractors, agents, officers and directors.You also agree that any and/or all purchase of the Coins made are final and that no refund of any amount can be claimed once the transaction has been made.

The Company reserves the right to control, regulate, change or remove the virtual Coins without any liability to you at any time with prior notification or information in furtherance of the same, if the virtual coins are obtained unethically or through exploiting flaws in the system. The conversion rate of MemeCoins with respect actual currency might be revised at any time at the sole discretion of the Company and the Company shall not be liable for any claims, expenses and/or liabilities in this regard whatsoever.

PRIVACY STATEMENT

In no event will the Company, its developers, employees, owners, directors, their licensees and licensors, and their employees, contractors, agents, officers and directors be liable to you for any incidental, consequential, or indirect damages arising from the display or use of any personal information provided by you to the Company or the App. By uploading any personal information to App, you are hereby releasing the Company from any and all liabilty regarding any use of that information. By providing your personal information to the App, you are hereby authorizing the Company the right to use your personal information for any and all advertising purposes it chooses, including but not limited to consolidation of your personal information with other members in the network to best determine effective advertising partners and campaigns. You also specifically authorize the Company the right to use your personal information within any consolidated member data of the Company it may choose to make publically available online, provided your personal information cannot be identified within the consolidated data. If you are not comfortable with your personal information being used for advertising purposes, do not join the App.

ADVERTISEMENTS

The App will on occasions also make available to its users/members information about other websites, apps, services, promotions and contests. By acting on any such information provided by the App you specifically release the Company from any and all damages and liability, direct, indirect, incidental and/or consequential. Arising out of your actions based on the information provided, including, without limitation, economic impact, physical damages, bodily injury and or emotional distress and discomfort.

SECURITY

Please note that while your personal information (name, email address, home address, phone number) will be kept confidential and will not be displayed within the App or its platform, it is highly likely that your basic profile information will be available to search engines. While we attempt to provide some semblance of privacy by protecting your confidential personal data (specifically defined as your name, email address, home address, phone number, and any credit card information provided to the App at any time), we do not prevent your profile from appearing within public search results. By joining the App, you are specifically releasing the Company from any liability, injury or damages, direct, indirect, incidental and/or consequential, resulting from the display of your profile information within public search engine search results, or any other public display of your profile information.

All non-personally-identifying information, potentially personally-identifying, personally identifying-information and other sensitive information provided to the App while registering and during the course of using the App are stored on restricted database servers. You are solely responsible for any use of or action taken using their Account and accept full responsibility for all activity conducted through your Account and agree to and hereby release the App, its developers, owners and the Company from any and all liability concerning such activity. You also agree to notify the Company immediately of any actual or suspected loss, theft, or unauthorized use of their account or password.

SOCIAL SHARING

The App allows social sharing features and other integrated tools, which lets you share your Post, memes and profile via direct links. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature.

APP CONTENT

The App may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the App by the User/ subscriber (“Subscriber Content”). We take no responsibility for and we do not expressly or implicitly endorse any of the Subscriber Content. The Subscriber’s retain any ownership rights that they have in the Subscriber Content, but you grant the Company the following license to use that Content, Post or Meme.

When Your Content is created with or submitted to the App, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display the Subscriber Content and any name, username, voice, or likeness provided in connection with the Subscriber Content in all media formats and channels now known or later developed. This license includes the right for us to make Subscriber Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with the App. You also agree that the App may remove metadata associated with Subscriber Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Subscriber Content. You may own the Subscriber Content on which the Software is recorded, but the App or third party licensors retain full and complete title to the Software and all intellectual property rights therein. Furthermore, no other Subscriber or third party can claim any right in any content being made available by the App and/or being posted, submitted or available on the App whatsoever.

The Company owns and retains all proprietory rights, copyrights, trademarks and other proprietory information in its App, platforms and all related Services. All Intellectual Property Rights in the App, its available content, material, pictures, logos, videos etc are the exclusive property of the Company and no Subscriber or third party user can claim any right, association, power or authority over it in any manner whatsoever.

SUBSCRIBER CONTENT

By submitting Subscriber Content to/on the App, you represent and warrant that you have all rights, power, and authority necessary to grant/license/assign the rights associated with Subscriber Content. Because you alone are responsible for anything contained in the Subscriber Content, you may expose yourself to liability if you post or share Content without all necessary rights.

Any ideas, suggestions, and feedback about the App or its Services that you provide to us are entirely voluntary, and you agree that the App may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor the Subscriber Content posted by you, however we may, in our sole discretion, delete or remove the Subscriber Content at any time and for any reason, including for a violation of these Terms, a violation of our Content Policy, or if you otherwise create liability for us.

SUBMISSION OF CONTENT ON THE SITE

You are solely responsible for all posts, materials, videos, comments whether publicly posted or privately transmitted[a], that you upload, post, e-mail, transmit, or otherwise make available on our App ("Your Content"). You certify that you own all intellectual property rights in Your Content.

You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license specified hereinabove. You also acknowledge and agree that we will have the right (but not the obligation), at our sole discretion, to refuse to publish, or to remove, or to block access to any content You provide, at any time and for any reason, with or without notice.

LIABILITY FOR OUR SERVICES

In no event shall, the Company be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or relating to these Terms or the Services, including those arising from or relating to content made available on the Services that is alleged to be Defamatory, Offensive or Illegal. Access to, and use of, the Services 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.

CONTENT ON OUR APP AND INTELLECTUAL PROPERTY

Our App includes a combination of content that we create, our partners or licensors or associates create, and that our users create. All materials published on our App, including, but not limited to games, software, advertisements written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, design, texts, artwork, graphic material, databases, are the proprietary information of the App. Flash animation and/ or otherwise legally protectable elements of the App, are protected by our copyrights and the trademarks, service marks and logos contained therein are the property of the Company or those of our partners or licensors or associates respectively.

The App is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.  You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act quickly to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. If you would like to request permission to use any of the content on our sites, please review our copyright notice, provided herein below.

COPYRIGHT NOTICE

The copyright and other intellectual property right in all material, and content on this App including but not limited to photographs, graphics, videos and organization and layout of the Site is owned by the Company. In accessing the App,  you agree that you may only access the content for your own personal non-commercial use. Any copies of these pages saved to your computer or any electronic devise or disc or removable drives or any other storage medium may be used only for subsequent viewing purposes and for non-commercial personal use only. Except where expressly stated otherwise, you are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content or any material of the App or its  pages for any other purpose whatsoever without the prior written permission of the Company. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. All rights reserved. Any rights not expressly granted herein are reserved. Contact help@memechat.app with problems or questions, as appropriate.

THIRD PARTY INTELLECTUAL PROPERTY

All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocably confirm and undertake that we shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on our sites under license or rights or affiliation with the said person, entity or third party. 

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, product images and descriptions belong to the the respective owners being the manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Site or unless given express permission to do so.

INFORMATION

Our App contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers and other information. It also includes information about products and services offered by parties other than the App, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, quality of the content or email content and services on our App, and you may not rely on any of this content. Without limitation, we are not responsible for user contributed contents or postings by users in the user opinion, message board, or feedback sections or other sections of our sites.

While we take every care to ensure that the information on our App is accurate and complete, since some of it is supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. We make no warranty or represent the accuracy of the information supplied to us by third parties. Further, due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, our site is provided "as is" without any warranties of any kind, express or implied, and we do not accept any responsibility and liability arising from any inaccuracy or omission in the information or interruption in availability.

We would be happy to correct any error or correction with respect to the questions, test, material and information published on our Site that is brought to our notice by you in writing and we will within a reasonable time carry out the necessary changes as deemed appropriate by us.

You may be exposed to content or information that you find obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, which violate these Terms or that is otherwise objectionable.

If you find any contents or materials published on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you will refrain from use of the materials or contents and shall bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

PERSONAL, NON-COMMERCIAL USE

The App hereby grants you the limited right to access, view and use the App only for the purposes of accessing, viewing or playing content, posting or submitting information, using the embedded link function, or for accessing information and the App. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the App. You shall not download, reformat, and print a limited amount of content from the App for your personal and commercial use. In accessing the App, you agree that you may only access the content for your own personal and non-commercial use. You shall also not include excerpts or limited portions of information from the App  in printed memos, reports, and presentations or any other manner. Any rights not expressly granted to you herein are reserved to the Company. Minors should seek consent of his or her legal guardian before using this App. 

DISCLAIMER

The App, its Services, Content and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. The Company makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will

(a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b) meet your requirements or expectations;

(c) be free from errors or that defects will be corrected;

(d) be free of viruses or other harmful components.

Further, all Content and material available on the App, including but not limited to memes, posts, videos, comments, opinions etc. are completely User Based Content and any view or opinion expressed in or through any such content is solely of the user and the Company, the App, its developers, employees, owners, directors, licensees and licensors, and employees, contractors, agents, officers do not in any way control, support, represent or endorse any opinions or statements especially that are religious/political/gender based or otherwise and any or all liability arising out of any such content, post, opinion is solely of the user and the Company would in no way be liable or accountable for any such content. If the Company follows any user account, likes, comments, shares or re-posts any user’s content, such an action would not constitute an endorsement of the same.

To the fullest extent allowed by law, the Company disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site.

NO WARRANTY

WE DO NOT WARRANT THAT OUR APP WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR APP. OUR APP AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR APP IS DONE AT YOUR OWN DISCRETION, COMPETENCE, ACCEPTANCE AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT (i) OUR APP WILL MEET YOUR REQUIREMENTS, (ii) OUR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR APP WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR OR LICENSORS OR ASSOCIATES MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR APP AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, THE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, AFFILIATES, ASSOCIATES, SUCCESSORS, ASSIGNS, LICENSORS, OR OUR PARTNERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, , PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY SERVICES, EVENTS OR COMPETITION WHICH REQUIRE SPECIFIC PERMISSION OR AUTHORITY FROM THE STATUTORY BODY OR GOVERNMENT PERMISSION IN INDIA OR BOARD OF DIRECTORS OF THE COMPANY SHALL BE DEEMED CANCELLED OR TERMINATED, IF SUCH PERMISSIONS OR AUTHORITIES ARE DENIED WHETHER BEFORE THE SERVICES, EVENTS OR COMPETITIONS ARE ORGANISED, PROVIDED OR CONDUCTED, OR DENIED AFTER THE COMMENCEMENT OR COMPLETION OF THE SERVICES, EVENTS OR COMPETITIONS, BY RATIFICATION ORDER, NOTICE, LAWS, RULES, REGULATIONS, INJUNCTIONS OR ORDERS OF COURT OR ANY STATUTORY BODY OR AUTHORITY. IN THE EVENT OF CANCELLED OR TERMINATED OF ANY SERVICES, EVENTS OR COMPETITION, YOU SHALL NOT BE ENTITLED TO MAKE ANY DEMANDS, REFUND OR CLAIMS, ON ANY NATURE WHATSOEVER, DIRECT OR INDIRECTLY. HOWEVER, IF ANY CLAIM IS PASSED ON BY ANY COURT IN ANY EVENT, IT SHALL BE CLAIMED AND PAYABLE AFTER 5 YEARS FROM THE DATE OF CLAIMS, WITHOUT PREJUDICE TO ANY RIGHTS WE MAY HAVE UNDER THE LAW OR IN EQUITY.

INDEMNIFICATION

You agree to indemnify, defend and hold the APP, the Company, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.

TERMINATION

Either you or the Company may terminate your account at any time, for any reason, without explanation. The Company reserves the right to immediately suspend or terminate your access to the App, without notice, upon any breach of this Agreement by you which is brought to the attention of the Company, or while investigating a potential breach.

The Company reserves the right to immediately suspend or terminate your access to the App, without notice under the following conditions:

  1. upon any indication or suspicion that your profile is displaying false information, including but not limited to the wrong LOCATION information[b].
  2. if you are accessing the service from an IP address where spam has been identified as originating from in the past, or from an IP address located within an IP block, or an IP range, where spam has been identified as originating from in the past.
  3. if your profile does not contain a 'description'.
  4. if you create multiple accounts within the network. While members are encouraged to join multiple sites within the network, multiple accounts are not allowed. Likewise, the repeated deletion of an account, followed by the creation/recreation of a new account can result in automatic deletion and banning from the App if this process is abused (as determined by "the Company" at its sole discretion).
  5. if the Company determines, in its sole discretion, that your actions towards other members, or towards App, or its employees, or its moderators, are, or have been, abusive and/or disruptive in any way.
  6. if you post negative and/or disparaging comments about other members, or about App, or about its employees, or about moderators, in any public area of the network.
  7. if we believe you to be under 18 years of age and/ or in you are between the age of 14 to 18 years and you have not taken the consent of your parnt or guardian.

You can use the APP for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Account may be deactivated due to prolonged inactivity.

The following sections will survive any termination of these Terms or of your Accounts: App Content, Subscriber’s Content, Indemnity, Disclaimers, Liability for our Services, Termination, and Miscellaneous.

SEVERABILITY

The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.

GOVERNING LAW

The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India.

ARBITRATION

All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be appointed by the Company. The language of the arbitration shall be English and the venue of the arbitration shall be at New Delhi, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.

Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration.

MISCELLANEOUS

We may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting: help@memechat.app.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.

We restrict and reserve our right to further moderate/ restrict/ ban the use of our Services, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notice. 

HEADINGS

The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

ENTIRE AGREEMENT

The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

CONTACT US

If you have any questions or concerns regarding this Agreement, please contact us at:

help@memechat.app .

Meme Chat Private Limited