Terms of Service

INCOHEARENT TERMS OF USE

PLEASE READ THESE TERMS OF USE (“Terms,” “Terms of Use,” or “Agreement”) CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS, AND LIMITATIONS OF LIABILITY.
Welcome and thank you for using the Incohearent service provided by What Do You Meme LLC (“Incohearent,” “we,” “us,” or “our”). These Terms of Use are a legally binding agreement between you and Incohearent and govern your use of our online, digital, or mobile services, including our websites, software, applications, games, and any of our other digital content, products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).
By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms which we will notify you about within the Service from time to time (which are incorporated herein by reference) and consent to our collection and use of your information as described in our Privacy Policy. If you do not wish to be bound by these Terms or Additional Terms, please do not access or use the Service.

1. Changes to these Terms

Where we wish to make revisions to these Terms of Use which will materially and adversely affect your rights and obligations in relation to Virtual Items, we will notify you in writing of the applicable changes, and such changes shall become effective thirty (30) days following such notification. We will ensure that any such changes are fair and reasonable.
Where we wish to make changes to these Terms of Use and/or the Services as a result of minor technical adjustments to the Services or the Content which do not materially and adversely affect your rights and obligations in relation to Virtual Items under these Terms of Use, or in order to comply with applicable laws or the requirements of a court or regulator of competent authority, we may do so by updating this posting, and your continued use of the Services will constitute your approval to the changes.

2. Your Representations

By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you are over thirteen (13) and have sufficient legal capacity to enter into this Agreement. If you lack such capacity or if you are a minor (between thirteen (13) and seventeen (17) years old or the age of majority in your territory), then you represent and warrant that you have obtained parental or guardian consent to enter into this agreement. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of thirteen (13). You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.
You shall not have more than one Account, per platform or Social Networking Site, at any given time, and shall not create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not create an Account or use the Service if you are a convicted sex offender, if you have previously been removed by Incohearent or previously been banned from playing any Incohearent game; or if you are located in a country embargoed by the United States.
You shall not access or use the Service or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Incohearent's permission.
You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable Additional Terms, and that you have read, understand, and agree to the data collection and use practices set forth in our Privacy Policy.

3. The Incohearent Service

Incohearent grants you a limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable licence to access, view, and use the Service for your personal, non-commercial use solely as provided by these Terms and as expressly permitted by the features and functionality of the Service, subject to your complete compliance with these Terms of Use and all applicable Additional Terms. The Service may allow you to view, preview, select, stream, and access certain content, including Virtual Items, video, audio, graphics, photos, and text (collectively, “Content”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per Account; by geographic region; by time window; by subscription level; or otherwise, and access will require your use of an approved device with sufficient connectivity).
The Service and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by Incohearent or its licensors. Incohearent respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and Incohearent reserves the right to fully prosecute such violations and enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and Content. You may lose your user name and persona as a result of Account termination, as well as any benefits, privileges, earned items and purchased items (including without limitation, Virtual Items) associated with your use of the Service, and Incohearent is under no obligation to compensate you any such losses or results. Any authorization to copy material granted by Incohearent in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices.
Except as expressly provided herein or as provided by law, Incohearent does not grant you any other right or license in or to the Service or Content and all right, title, and interest that Incohearent has in the Service and Content are retained by Incohearent, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice.

4. User Accounts

A. Account Creation

You 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 Termination

You 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 Security

You 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 Charges

You 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 Software

Incohearent 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 Stores

The 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 Items

Certain 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 Items

A. 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.

8. Third-Party Services

The Service may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Services”). Incohearent does not endorse and is not responsible for Third Party Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and Incohearent disclaims all liability in connection therewith. References to Third Party Services do not imply endorsement of any Third Party Services by Incohearent or any association with its operators. Your dealings with Third Party Services are solely between you and the applicable Third Party Services. To learn more about Third Party Services, consult the Third Party Services’ respective terms of use and privacy policies.

9. User Content

From 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 Conduct

You 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.
When using the Service you shall also not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Incohearent’s prior written consent which may be withheld in Incohearent’s reasonable discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void).

11. Unsolicited Submissions and Feedback

Please 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 Use

Incohearent 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 Warranties

YOUR 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.

14. Limitation of Liability

WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH YOU SUFFER AS A RESULT OF YOUR USE OF THE SERVICES WHICH WAS NOT (I) FORESEEABLE BY YOU AND US AT THE TIME YOU ACCEPTED THESE TERMS OF USE; AND (II) CAUSED BY A BREACH OF THESE TERMS OF USE BY US. WE ARE NOT RESPONSIBLE FOR INDIRECT LOSSES OR DAMAGES WHICH OCCUR AS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHICH ARE NOT FORESEEABLE BY YOU (SUCH AS LOSS OF OPPORTUNITY).
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH YOU SUFFER IN RESPECT OF WHICH THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED BY US TO YOU, OR WHERE THE LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF THESE TERMS OF USE.
FURTHER TO THE ABOVE, WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR INTERRUPTION TO BUSINESS WHICH YOU SUFFER IN CONNECTION WITH THE SERVICES OR YOUR USE THEREOF. THIS IS A CONSUMER SERVICE AND IS NOT INTENDED FOR BUSINESS USE.
THE MATERIAL, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE SERVICES ARE NOT NECESSARILY THOSE OF OUR COMPANIES OR OTHER CONTENT PROVIDERS.
IN NO EVENT SHALL OUR LIABILITY TO YOU, OR YOUR LIABILITY TO US, UNDER THESE TERMS OF SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID Incohearent IN RESPECT OF THE RELEVANT SERVICE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM; AND (B) ONE HUNDRED DOLLARS ($100).
NOTHING IN THESE TERMS LIMITS Incohearent’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM Incohearent’S NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

15. Applicable Law and Venue

Except as otherwise provided herein, these Terms of Use will be governed by, construed, and enforced in accordance with the law of the country of your residence, and we both agree that the courts of your country of residence will have non-exclusive jurisdiction.

16. General Terms

A. Force Majeure

Incohearent 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 Waiver

No 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. Severability

If 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. Construction

The 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. Survival

Any provision herein which by its nature contemplates your or Incohearent’s continued observance following termination of this Agreement will survive termination of this Agreement.

F. Entire Agreement

This Agreement, including the Privacy Policy and any applicable Additional Terms, is the entire agreement between the parties relating to the matters contained herein.

17. Copyright Agent

If 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: info@whatdoyoumeme.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.

18. Accessibility

We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at info@whatdoyoumeme.com. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.

19. Contact Us

You may contact us at the addresses specified herein for specific requests, or contact info@whatdoyoumeme.com with general inquiries. Please do not send us any Unsolicited Submissions.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
Last updated: March 4, 2020