Terms & Conditions
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named MemeWars.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google LLC (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Nevada, United States.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BCD Global Investments LLC, 9555 S. Eastern Avenue, Ste 280, Las Vegas, NV 89123.
Content means any and all text, images, graphics, photos, audio, music, video, audiovisual works, livestreams, recordings, comments, direct messages, chats, usernames, profile information, likenesses, ideas, data, metadata, links, and other materials that are posted, uploaded, published, submitted, transmitted, displayed, streamed, or otherwise made available on or through the Service by You or other users.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Messages means direct messages, chat messages, attachments, media, and other communications transmitted through the Service.
Promotions refer to contests, sweepstakes, giveaways, token promotions, prize redemptions, and other promotions offered through the Service, each of which may be subject to separate official rules, eligibility requirements, and prize terms.
Service refers to the Application and any related website, content, features, functionality, messaging tools, video services, token systems, promotions, and other services offered by the Company through MemeWars.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
Tokens means any virtual credits, coins, sweepstakes entries, promotional credits, digital items, or other virtual items made available through the Service, whether acquired by purchase, promotion, reward, bonus, or otherwise.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent and warrant that You are at least 18 years old. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms, including Official Rules, eligibility requirements, redemption requirements, geographic restrictions, prize limitations, verification requirements, and promotional disclosures.
If You participate in any Promotions, including any sweepstakes-style or token-based promotion, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply to that Promotion.
The Company reserves the right to modify, suspend, cancel, or terminate any Promotion, token program, or prize offering at any time, subject to applicable law.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate suspension or termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise unlawful, offensive, vulgar, obscene, misleading, or intended to impersonate another person or entity.
We reserve the right to reclaim usernames, remove profiles, verify accounts, or require username changes in Our sole discretion.
Content
Your Right to Post Content
Our Service allows You to post, upload, share, publish, transmit, display, stream, send, and otherwise make Content available, including videos and other audiovisual Content. You are solely responsible for the Content that You post to the Service, including its legality, reliability, safety, and appropriateness.
By posting Content to the Service, You grant Us a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, cache, reproduce, copy, distribute, transmit, publicly display, publicly perform, communicate to the public, make available, adapt, modify, translate, reformat, prepare derivative works from, and otherwise use Your Content on and through the Service for the purposes of operating, providing, securing, improving, promoting, marketing, and developing the Service.
You understand and agree that this license includes the right for Us to make Your Content available to other users of the Service and to third parties who provide services on Our behalf, subject to these Terms and Our Privacy Policy.
You retain ownership of any Content You submit, post, or display on or through the Service, subject to the rights granted to Us in these Terms.
The rights You grant in this license are for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new services and features.
You represent and warrant that: (i) the Content is Yours or You have obtained all rights, licenses, consents, permissions, and releases necessary to use the Content and to grant Us the rights and license provided in these Terms; (ii) the posting and use of Your Content on or through the Service does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person or entity; and (iii) Your Content complies with these Terms and all applicable laws, rules, and regulations.
You further agree that if Your Content includes the name, image, voice, likeness, or other personal attributes of any person, You have obtained all necessary permissions, consents, and releases.
Content Restrictions
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done by You or by any third person using Your account.
You may not upload, post, transmit, stream, send, or otherwise make available any Content that is unlawful, defamatory, infringing, misleading, harmful, threatening, abusive, harassing, hateful, discriminatory, obscene, pornographic, sexually explicit, exploitative, invasive of privacy, deceptive, fraudulent, dangerous, or otherwise objectionable.
Examples of prohibited Content and conduct include, but are not limited to, the following:
• Unlawful Content or Content that promotes unlawful activity.
• Content that is defamatory, discriminatory, hateful, or mean-spirited, including content targeting individuals or groups based on religion, race, ethnicity, national origin, disability, sex, gender, gender identity, sexual orientation, or other protected characteristics.
• Pornographic, sexually explicit, exploitative, or suggestive Content, including sexualized depictions of minors or any content involving child sexual abuse or exploitation.
• Content that promotes suicide, self-harm, eating disorders, dangerous acts, violence, violent extremism, terrorism, illegal betting, unlawful gambling activity, or criminal conduct.
• Content that bullies, harasses, stalks, threatens, intimidates, humiliates, or encourages violence against any person or group.
• Spam, machine-generated or randomly generated content, fake engagement, unauthorized advertising, chain letters, pyramid schemes, scams, phishing, impersonation fraud, or other deceptive practices.
• Content containing or installing viruses, worms, malware, trojan horses, spyware, or other code designed to disrupt, damage, overburden, or gain unauthorized access to software, hardware, systems, networks, or data.
• Content that infringes or misappropriates any intellectual property right, including copyright, trademark, patent, trade secret, moral right, right of publicity, or other proprietary right.
• Content that impersonates any person or entity, falsely suggests an affiliation with any person or entity, or misrepresents Your identity or the origin of any Content.
• Content that violates the privacy of any third person, including doxxing, disclosure of confidential or personal information, or non-consensual recording or sharing of another person's image, voice, likeness, or communications.
• False, misleading, manipulated, or synthetic media, including deepfakes or deceptively edited audio or video, used to mislead, defraud, impersonate, or harm others.
• Content or conduct that interferes with, disrupts, damages, or compromises the integrity, security, fairness, or proper operation of the Service.
The Company reserves the right, but not the obligation, in its sole discretion, to monitor, review, screen, refuse, demonetize, block, disable access to, remove, edit, reformat, or restrict any Content at any time and for any reason, including if We believe that such Content violates these Terms, may create liability for the Company, may harm the Service or its users, or is otherwise objectionable.
The Company further reserves the right to suspend, limit, or permanently revoke the use of the Service by any user who posts prohibited or objectionable Content or otherwise violates these Terms.
As the Company cannot control all content posted by users and third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content.
Video Uploads and User Generated Content (UGC)
MemeWars allows users to create, upload, publish, share, and interact with user-generated content, including videos and other audiovisual materials.
By uploading any video or audiovisual Content, You represent and warrant that You own or control all rights necessary to upload, publish, synchronize, transmit, distribute, display, and otherwise use that Content, including all rights in and to any music, sound recordings, visual content, performances, names, images, voices, and likenesses embodied in such Content.
You acknowledge and agree that the Company may, but is not required to, review, moderate, screen, remove, block, or disable access to any Content before or after publication.
MemeWars requires users to accept these Terms before creating, uploading, or sharing user-generated content.
MemeWars provides in-app tools and other methods that allow users to report objectionable Content and abusive behavior.
MemeWars may investigate reports, remove Content, restrict distribution, suspend features, or terminate accounts where appropriate.
MemeWars may use automated tools, human review, or a combination of both to detect, review, moderate, and enforce policies relating to objectionable Content and abusive behavior.
MemeWars reserves the right to limit visibility, recommendability, discoverability, monetization eligibility, sharing functionality, download functionality, messaging functionality, or other distribution features for any Content or account in its sole discretion.
MemeWars may preserve removed Content, account information, or enforcement records where necessary for legal compliance, investigation, security, backup, enforcement, dispute resolution, or protection of the Service, its users, or third parties.
Messages and Communications
The Service may allow users to send and receive Messages, including text, images, videos, links, attachments, and other communications.
You are solely responsible for any Messages You send, receive, store, transmit, or otherwise make available through the Service.
The Company reserves the right, but not the obligation, to monitor, review, preserve, disclose, restrict, block, or remove Messages or communications at any time, with or without notice, to enforce these Terms, comply with law, protect the Service, investigate misconduct, respond to claims, or protect the rights, property, and safety of the Company, users, or third parties.
You must not use the messaging features to harass, abuse, threaten, exploit, scam, defraud, solicit unlawful activity, distribute malware, infringe rights, or transmit objectionable or illegal material.
You understand that users may send You Messages that are offensive, deceptive, or otherwise objectionable, and You use messaging features at Your own risk.
Tokens, Sweepstakes, Betting, and Prize Redemption
The Service may include Tokens and related promotional, sweepstakes-style, gameplay, betting, challenge, contest, or prize redemption features.
Tokens are digital items made available as part of the Service and are licensed, not sold, to You. Except where expressly stated by the Company in separate official rules or required by applicable law, Tokens have no cash value, are not Your personal property, are not redeemable for money, are non-transferable, non-sublicensable, revocable, and may not be sold, exchanged, brokered, gifted, transferred, or otherwise dealt with outside the Service.
You acknowledge that the Company may, in its sole discretion and subject to applicable law, modify, revoke, suspend, limit, discontinue, revalue, or remove any Tokens, balances, redemption features, pricing, availability, eligibility rules, or related features at any time, with or without notice.
All purchases of Tokens, virtual items, premium features, or other digital items are final and non-refundable except as required by applicable law or expressly stated by the Company.
You agree that any use of Tokens, prize redemption features, sweepstakes features, or peer-to-peer betting or challenge features must strictly comply with these Terms, all applicable official rules, and all applicable laws, rules, and regulations.
The Company reserves the right to void, suspend, limit, reject, reverse, withhold, audit, or investigate any Token transaction, wager, challenge result, redemption request, prize claim, or account activity in its sole discretion, including in cases of suspected fraud, abuse, manipulation, error, chargeback risk, policy violation, legal concern, or security issue.
You may be required to complete identity verification, age verification, location verification, eligibility verification, tax documentation, affidavit or release forms, or other compliance requirements before purchasing Tokens, participating in Promotions, using betting features, redeeming Tokens, or receiving any prize.
The Company may deny or cancel any redemption request, purchase, wager, or prize claim if You are ineligible, if the transaction is suspicious, if there is a legal restriction, if You violate these Terms or any promotion rules, or if the Company determines in its sole discretion that honoring the request may create legal, regulatory, reputational, operational, or security risk.
Participation in any sweepstakes, token promotion, prize redemption, or betting feature may be void where prohibited or restricted by law.
The Company does not make any representation or warranty that any Token, promotion, betting feature, or prize redemption feature is lawful in every jurisdiction or for every user, and You are solely responsible for determining whether Your use of the Service is lawful in Your jurisdiction.
Content Backups
Although regular backups of Content may be performed, the Company does not guarantee that there will be no loss, corruption, deletion, or failure of storage of data or Content.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company does not guarantee that any Content will be available, retrievable, or restorable. You are solely responsible for maintaining Your own backup copies of any Content that is important to You.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to claims that Content posted on the Service infringes copyrights or other intellectual property rights.
If You are a copyright owner, or authorized to act on behalf of one, and You believe that copyrighted material has been copied or used in a way that constitutes infringement taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at Admin@memwars.co and include a detailed description of the alleged infringement.
You may be held liable for damages, including costs and attorneys' fees, for materially misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing as required by 17 U.S.C. § 512(c)(3):
• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that You claim has been infringed, including the URL or other location where the original work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact Our copyright agent via email at Admin@memwars.co.
Upon receipt of a valid notification, the Company may remove or disable access to the challenged material and may notify the user who posted the material.
The Company reserves the right to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
Intellectual Property
The Service and its original content, features, functionality, trademarks, service marks, trade names, logos, software, design, selection, arrangement, token systems, and all intellectual property rights therein, excluding Content provided by You or other users, are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable, sublicensable, worldwide right and license to use, reproduce, disclose, distribute, modify, create derivative works from, perform, display, and otherwise exploit such Feedback without restriction, compensation, or acknowledgment to You.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may suspend or terminate Your Account, delete Content, reclaim usernames, reverse or freeze Token-related activity, cancel Promotions or prize claims, block Messages, or restrict access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions or if We believe Your conduct creates risk, possible legal exposure, or harm to the Company, the Service, or other users.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service, or if available, use the account deletion functionality within the Service.
Termination does not limit any rights or remedies that the Company may have at law, in equity, or under these Terms.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company, its Affiliates, licensors, service providers, employees, agents, officers, directors, members, managers, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, goodwill, use, data, Tokens, prizes, opportunities, or other intangible losses, arising out of or related to Your access to, use of, inability to use, or reliance on the Service, any Content, any Messages, any Token feature, any Promotion, any prize redemption, any betting activity, any conduct or Content of any third party, or any unauthorized access, use, or alteration of Your transmissions, data, Tokens, or Content, whether based on warranty, contract, tort, statute, or any other legal theory, even if the Company has been advised of the possibility of such damages.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of: (i) the amount actually paid by You through the Service in the twelve (12) months preceding the event giving rise to the claim; or (ii) 100 USD if You have not purchased anything through the Service.
Some states or jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to You. In such cases, liability will be limited to the greatest extent permitted by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its Affiliates, licensors, service providers, employees, agents, officers, directors, members, managers, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys' fees, arising out of or relating to: (i) Your access to or use of the Service; (ii) Your Content; (iii) Your Messages; (iv) Your use of Tokens, Promotions, betting features, or prize redemption features; (v) Your violation of these Terms; (vi) Your violation of any law or the rights of any third party; or (vii) any activity occurring under Your Account.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, quiet enjoyment, and any warranties that may arise out of course of dealing, course of performance, usage, or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, be secure, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, Content, Messages, Tokens, and materials included thereon; (ii) that the Service will be uninterrupted, timely, secure, or error-free; (iii) as to the accuracy, reliability, or currency of any information or Content provided through the Service; or (iv) that the Service, its servers, the Content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case, the exclusions and limitations set forth in this section shall apply to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of Nevada, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service.
Your use of the Application may also be subject to other local, state, federal, national, and international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at Admin@memwars.co. The parties agree to attempt informal resolution for at least thirty (30) days before commencing any arbitration proceeding.
Except to the extent prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, Your relationship with the Company, or the Service, including without limitation any issue concerning the validity, enforceability, or scope of this arbitration provision, shall be resolved exclusively by final and binding arbitration in Clark County, Nevada, before a single arbitrator.
The arbitration shall be administered by the American Arbitration Association under its applicable consumer or commercial arbitration rules, as applicable, unless the parties mutually agree otherwise.
You and the Company agree that any such dispute shall be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, private attorney general, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.
Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction located in Clark County, Nevada, to protect its rights pending completion of arbitration, and either party may bring an individual action in small claims court in Clark County, Nevada, if the matter qualifies.
To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the events giving rise to the claim occurred, or such claim is permanently barred.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that: (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, including by posting the updated Terms through the Service or by other reasonable notice methods. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the website, the Application, and the Service.
Contact Us
If You have any questions about these Terms and Conditions, You can contact Us:
• By email: Admin@memwars.co
• By mail: BCD Global Investments LLC, 9555 S. Eastern Avenue, Ste 280, Las Vegas, NV 89123