Terms of Service
4. User Accounts
A. Account CreationYou may be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Service. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.
B. Investigations, Suspensions, and TerminationYou agree that Incohearent has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if Incohearent reasonably believes the information you provide is not correct, current, or complete, or that you have otherwise violated this Agreement or any applicable law. You agree that Incohearent may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. By accepting these terms, you waive any claims resulting, directly or indirectly, from any action taken by Incohearent during or as a result of these investigations.
C. Account SecurityYou may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your Account or the right to use your Account to anyone. You agree that Incohearent will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our Customer Service contact page. Incohearent may require you to change your Account username and password.
5. Mobile Devices
A. Wireless ChargesYou are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from Incohearent.
B. Mobile SoftwareIncohearent may make certain mobile software applications (“Apps”) available for download in connection with the Service. You may only use Apps on approved devices, for personal use. You are not permitted to modify, transfer, or distribute any Apps. Incohearent does not guarantee that the Apps will be compatible with your device. You understand that the Service is an evolving one. Incohearent may choose to make available updates, bug fixes, or other changes or enhancements to the Apps from time to time; such updates may be automatic, at your election, or mandatory if you wish to continue using the Apps, at Incohearent’s discretion. Incohearent may require that you accept updates to the Service and to Incohearent's games you have installed on your computer or mobile device. You acknowledge and agree that Incohearent may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Incohearent's Games. You shall not use or otherwise export or re-export the Apps, or any other software provided as part of the Service, except as expressly provided herein.
C. App StoresThe additional terms in this Section 5.C apply only to your use of Apps downloaded through Apple Inc.’s iTunes App Store and Google Inc.’s Google Play App Store (“App Stores”). You agree that this Agreement is solely between you and Incohearent, the operators of the App Stores, and that the App Store operators are not responsible for this App or their content. App Store operators have no obligation whatsoever to furnish any maintenance or support services in connection with the App. You will not involve the App Store operators in any claims relating to your use of the App, or in any third-party claims alleging infringement of intellectual property rights by the App. You agree to comply with all third-party agreements in connection with your use of the App (for example, your wireless provider agreement). Finally, you agree that App Store operators, and their subsidiaries, are third party beneficiaries of the Agreement solely for the purpose of enforcing the applicable Terms against you in connection with your use of the App.
6. Virtual ItemsCertain Services may feature virtual in-game items (“Virtual Items”). In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. If you purchase Virtual Items, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. Incohearent may update pricing and payment terms at any time and in its sole discretion. All payment transactions are administered by a third-party payment processor or third-party store. To the extent permitted by law, Incohearent expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. Incohearent is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors. The Virtual Items may be used exclusively within the Service. You receive only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to use the Virtual Items in connection with the Service and as governed by these Terms. You have no right, title, interest, or ownership in or to any Virtual Items. Virtual Items have no monetary value and are not redeemable for any sum of money. You acknowledge that you do not in fact "own" the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, you may purchase a limited license to use certain elements of the Service, including software programs that occasionally manifest themselves as these items. The purchase and sale of the limited license referred to in these Terms of Service is a completed transaction upon receipt of your direct payment. Any "virtual currency" balance shown in your Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Purchase or redemptions of third party virtual currency to acquire a license to use virtual items are non-refundable. You will receive no compensation for any Virtual Items that are deleted, modified, or to which you lose access if your Account is terminated, suspended, or otherwise limited as a result of a breach or a reasonably suspected breach of this Agreement, or Incohearent’s decision to terminate, update, modify or suspend all or part of the Service. Incohearent prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Service, unless otherwise expressly authorized by Incohearent in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game, without Incohearent's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree that Incohearent will have no liability for the use or loss of Virtual Items for any reason, including due to any unauthorized third-party activity, such as hacking, phishing, password mining, social engineering, or any other unauthorized activity. Incohearent may replace such lost Virtual Items under certain circumstances, in our sole discretion and on a case-by-case basis, without incurring any obligation or liability.
7. Additional Consumer Terms for the Purchase of Virtual ItemsA. Our contract with you: our acceptance of your order will take place when we make the Virtual Items available in your account for you to use, or we debit payment from your debit/credit card, whichever comes first, at which point a contract will come into existence between you and us. B. Making changes to the Service: We may change the Service: (a) to reflect changes in relevant laws and regulatory requirements; or (b) to deal with any technical problems or to implement technical adjustments and improvements, for example to address a security threat. In relation to Content, we may update or require you to update the Content. C. If there is a problem with the Service: If you are purchasing Virtual Items, digital content must be as described, fit for purpose and of satisfactory quality: (a) if your digital content is faulty, you're entitled to a repair or a replacement; (b) if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and (c) if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation. D. Your rights to end the contract
You can always end your contract with us by stopping using the Service and permanently deleting the App. E. Our rights to end the contract for the provision of a Service We may end the contract if you break it. We may end the contract for a Service at any time by writing to you if you materially breach these Terms. We may withdraw the product. Incohearent reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Incohearent shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
9. User ContentFrom time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant Incohearent a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers (if any) necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person. Please retain copies of all User Content as Incohearent is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Incohearent only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Incohearent is under no obligation to monitor User Content or use of the Service. However, Incohearent has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. Incohearent reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever. You represent and warrant the following as to your User Content: A. You have obtained the written consent of every identifiable individual featured in your User Content to use that person’s name, voice, and/or likeness (as applicable) in connection with the Service and pursuant to these Terms.
B. Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks.
C. Your User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party privacy rights.
D. Incohearent may exercise the rights to your User Content granted herein without any liability, including for payment of royalties, residuals, guild fees, or the like, to you or any third party.
10. Code of ConductYou agree that you will not use the Service to upload, post, or otherwise distribute any User Content that:
- attempt to interfere with the operation of the Service in any way;
- copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service, except as authorized herein;
- use any data mining tools, robots, virus, worms, bugs, or similar data-gathering and extraction tools on the Service (including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Incohearent game characters, elements, or environment), or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service. Incohearent may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
- use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;
- use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Incohearent game experience;
- use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the Service or any Incohearent game experience;
- without Incohearent's express written consent, modify or cause to be modified any files that are a part of the Service;
- disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Incohearent game environment (each a "Server"); or (2) the enjoyment of the Service or any Incohearent game by any other person;
- intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- bypass any robot exclusion headers or other measures We employ to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by Incohearent;
- use the Service for any commercial purposes, including communicating or facilitating any commercial advertisements or solicitation, gathering or transferring Virtual Items, or sending “spam” or any malicious or disruptive communications;
- use the Service or any part thereof for performing in-game services, such as power-leveling and item collection services, in exchange for payment outside the Service;
- except where permitted by law or relevant open source licenses, decompile, reverse engineer, disassemble, or otherwise reduce the code used in any Apps, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service;
- intercept, record, or modify network communications transmitted between any Apps, software, or digital rights management features and Incohearent’s networks or systems;
- solicit or attempt to solicit personal information from other users of the Service; or
- collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
11. Unsolicited Submissions and FeedbackPlease be aware that Incohearent does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by Incohearent staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send Incohearent any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and Incohearent and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.
12. International UseIncohearent makes no representation that every aspect of the Service is appropriate or available for use in any particular jurisdiction. When you choose to access and use the Service, you agree that: A. you do so on your own initiative and at your own risk;
B. you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; and
C. you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside. If there is a conflict between any of the terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific terms.
13. Disclaimer of WarrantiesYOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS” AND "AS AVAILABLE" WITHOUT EXPRESS WARRANTIES OR PROMISES OF ANY KIND. Incohearent DOES NOT WARRANT THAT THE SERVICE, OR ANY FUNCTIONS OF THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Incohearent DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. Incohearent ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS, INCLUDING WITHOUT LIMITATION YOUR ABILITY TO RELY ON IMPLIED WARRANTIES PERMITTED TO YOU BY LAW.
16. General Terms
A. Force MajeureIncohearent will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
B. No WaiverNo failure or delay by either Incohearent or you in exercising rights under this Agreement will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.
C. SeverabilityIf any provision of this Agreement is held unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
D. ConstructionThe titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning frequently identified with the phrase “and/or;” (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation, or agreement, including this Agreement, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.
E. SurvivalAny provision herein which by its nature contemplates your or Incohearent’s continued observance following termination of this Agreement will survive termination of this Agreement.
17. Copyright AgentIf you believe that any User Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below: A. Your name, address, telephone number, and (if available) email address;
B. A description of the copyrighted work that you claim has been infringed;
C. The exact URL or a description of each place where alleged infringing material is located;
D. A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
E. Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
F. A statement by you that the information in your notice 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. The above information must be submitted to Incohearent’s Copyright Agent at the following address: What Do You Meme LLC
Attention: Copyright Agent
520 Broadway, Floor 9
New York, NY 10012
Email: email@example.com If we are notified that any User Content infringes another’s intellectual property rights, we may remove such User Content. We have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms once or on a repeated basis.