Terms of Service

Effective Date: March 12, 2020; Last Updated: October 29, 2022

The Genmeme website ("Service") is operated by Genmeme. ("Genmeme"). Any use of the Service is subject to the following Terms and Conditions of Service ("Terms of Service" or "Terms"), as well as to Genmeme's Privacy Policy. Your use of the Service will constitute your acceptance of these Terms of Service.

1. Eligibility

Use of the Service is void where prohibited. The Service is intended for users over the age of 13, but is open to all ages. For children age 13 or younger (or other age of consent where required by local law), Genmeme offers a restricted feature set and website experience that removes certain features. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.

2. Your Genmeme Account and Data

If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. Accounts are for individual use by a single person only. You may not share your account with any other person. You must notify Genmeme immediately of any unauthorized uses of your data, your account or any other breaches of security. Genmeme 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. Genmeme may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Service. Genmeme may also from time to time change its policies on offering commercial content or displaying advertising and may do this without notice.

3. Credits and Subscriptions

Along with the option to purchase subscriptions, users have the option to purchase credits for their Genmeme account. Credits can be used to generate AI images on the Service. Credits are purchased as a one-time transaction and do not expire.

3a. Credit Purchases

Users can purchase credits directly on the Genmeme website. The cost per credit and approximate number of images that can be generated per credit may vary and are subject to change at Genmeme's discretion.

3b. Subscription Options

Users may also have the option to purchase subscription plans that provide access to Genmeme features and services for a recurring fee. The terms of any subscription plans will be clearly described prior to purchase.

3c. Payment Processing

Payments for credits and subscriptions are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service.

3d. Refunds

Except where required by law, credits and subscriptions purchased through Genmeme are non-refundable once the transaction is complete. If you believe there has been an error with your purchase, please contact info@genmeme.ai.

3e. Cancellations

If you purchase a subscription plan, you may cancel your subscription at any time. Cancellations will take effect at the end of the current billing cycle - you will continue to have access to your subscription benefits until the cancellation date. To cancel, go to your account settings on the Genmeme website. If you have issues cancelling, contact info@genmeme.ai.

4. Acceptable Use

You may use credits only to generate appropriate, legal images that do not violate Genmeme's content policies. You may not use credits to create images that are inappropriate, harmful, obscene, violent or violate any laws. Genmeme reserves the right to review images created with credits and terminate the accounts of users found in violation of these acceptable use policies.

5. Responsibility of Contributors

If you post material to the Service, post links on the Service, or otherwise make material available by means of the Service (referred to collectively as "Content"), you are entirely responsible for the composition of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which Genmeme stores data.

6. Prohibited Content

You may post only educational and appropriate Content to the Service. The following are examples of Content prohibited to post on or through the Service. Genmeme reserves the right to investigate and take appropriate legal action against anyone who, in Genmeme's sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Genmeme:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains sexually suggestive, excessively violent, or offensive subject matter;
• solicits personal information from anyone under 18 years old;
• publicly posts information that poses or creates a privacy or security risk to any person;
• includes information about another person that you have posted without that person's consent;
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
• contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
• contains or promotes an illegal or unauthorized copy of another person's copyrighted work;
• solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
• involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
• furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• involves commercial activities and/or sales without prior written consent from Genmeme, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;
• violates any and all applicable laws or regulations.

7. Prohibited Activities

You may only engage in educational and appropriate activities while using the Service. The following are examples of the kind of activity that is prohibited on the Service. Genmeme reserves the right to investigate and take appropriate legal action against anyone who, in Genmeme's sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:

• criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
• impersonating or attempting to impersonate another user, person or entity;
• using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
• using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
• any automated use of the system, such as, but not limited to, using scripts to create or post Content;
• interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
• displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
• reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
• using the Service in a manner inconsistent with any and all applicable laws or regulations.

8. Content Representations and Warranties

By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
• the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Genmeme or otherwise.

9. License

By submitting Content or any other material to Genmeme for inclusion on the Service or for any other purpose, for example posting a study set, answering a survey, or sending Genmeme an email, you grant Genmeme a world-wide, perpetual, royalty-free license (with right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content or material in any and all media or distribution methods (existing or subsequently developed). Additional uses by Genmeme, or other companies or individuals who partner with Genmeme, may be made with no compensation paid to you with respect to the Content or material that you submit, post, or otherwise make available to Genmeme or through the Service.

10. Responsibility of Service Visitors

Genmeme has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Genmeme does not represent or imply that it endorses the material posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present. The Service may also contain material that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. Genmeme disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content posted thereon. Visitors who discover Content or other material in violation of these Terms or Genmeme's Community Guidelines are encouraged to report such material to Genmeme using the reporting functions available on the Service.

11. Copyright Infringement Policy

Genmeme respects the intellectual property rights of others. If you believe that material located on or linked to by Genmeme violates your copyright, you are encouraged to notify Genmeme via Genmeme.ai support. Genmeme will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Genmeme or others, Genmeme may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, Genmeme will be under no obligation to provide a refund of any amounts previously paid to Genmeme by that user.

12. Trademarks

Genmeme, the Genmeme logo, and all other trademarks, service marks, graphics and logos used in connection with Genmeme, or the Service are trademarks or registered trademarks of Genmeme or Genmeme's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Genmeme or third-party trademarks.

13. Changes to the Service and Terms

The Service, including without limitation all content there available, product and membership features, any and all of Genmeme's policies, and these Terms of Service, may be changed at the sole discretion of Genmeme without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.

14. Limitation of Warranties of Genmeme, Its Suppliers and Licensors

EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED "AS IS," AND GENMEME, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT GENMEME, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Limitation of Liability of Genmeme, Its Suppliers and Licensors

EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL GENMEME, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF GENMEME, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST GENMEME, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM OR RELATED TO USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO GENMEME DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK.

16. Disputes with Genmeme

In the case of any dispute between you and Genmeme arising out of or connected to these Terms of Service or your use of the Service, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

17. Survival of Terms

These Terms continue to apply even after you close your account or cease using the Service.