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Lafdr Terms of Use

Welcome to Lafdr! This app was created to share memes and connect meme-lovers. We’ve put these regulations in place to keep our users safe and our environment inclusive

 

This is an agreement between Lafdr, LLC. (dba “Lafdr”), a company based in Rapid City, South Dakota which is the owner and operator of (the “Lafdr Site”), the Lafdr software, and the Lafdr mobile apps (collectively “Lafdr”, the “Lafdr Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO LAFDR'S PRIVACY POLICY, WHICH CAN BE FOUND ON THE APP, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

  1. ALLOWABLE CONTENT AND ACCEPTABLE USE

As a User of Lafdr, your user content on the app refers to the memes you post on the app and also the messages you share with other users.

At Lafdr our focus is creating a positive and helpful experience for our users. We want Lafdr to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:

  • Violate any law or regulation.

  • Send unsolicited or unauthorized advertising or commercial communications, such as spam.

  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.

  • Use automated methods to use the App or Services.

  • Stalk, harass, bully, intimidate, or harm another user.

  • Post unlawful, harmful, obscene, or pornographic content.

  • Impersonate someone.

  • Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.

  • Use Lafdr to do anything unlawful, misleading, malicious, or discriminatory.

  • Post viruses or malicious scripts.

  • Post or send spam or link bait messages to another user.

  • Attempt to circumvent any technological measure implemented by Lafdr or any of Lafdr's providers or any other third party (including another user) to protect the App or Services.

  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services.

  • Advocate, encourage, or assist any third party in doing any of the foregoing.

2. WHO OUR SERVICES ARE FOR?

The use of Lafdr is for all person’s age 18 and over who agree to these Terms of Service. Lafdr Terms of Service and Privacy Policy are in force and applicable for all times when users are specifically within the walls of Lafdr and not engaged in any activity with 3rd party sites. Person’s age 18 and over may also connect to 3rd party sites in which they have accounts, such as Lafdr, etc., through Lafdr convenient “Social Networks” services. When connected to and engaged in 3rd party sites through Lafdr, you agree and understand that while you are posting, commenting, sharing, etc., content with 3rd party sites, you and your content are in those moments under the legal authority of that 3rd party site and the privacy and terms policies of that 3rd party site. This also applies if you click on an advertisement or coupon. Lafdr is not responsible or liable for any damage or loss related to your use of any third-party website or online service. You should always read the terms and conditions and privacy policy of a third-party website or online service before using it, whether directly or in connection with your use of the Site or Services.

3.      SAFETY

LAFDR IS NOT RESPONSIBLE FOR YOUR USE OF THE LAFDR SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHOM YOU MAY EXCHANGE INFORMATION OR HAVE CONTACT. LAFDR DOES NOT CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF ITS USERS. LAFDR DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE. LAFDR ALSO IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL ADVERSE CONSEQUENCES.

4.      PRIVACY

Your personal privacy and data privacy are very important to us. You are responsible for maintaining the confidentiality of your Lafdr account information, including your username and password. You are responsible for all activities that occur under your Lafdr account and you agree to notify Lafdr immediately of any unauthorized access or use of your Lafdr account. Lafdr is not responsible or liable for any damage or loss related to any unauthorized access or use of your Lafdr account. For more information on the importance and protection of your privacy at Lafdr, please see our Privacy Policy.

5.      USER CONTENT OWNERSHIP

Lafdr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through Lafdr is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using Lafdr.

6.      PASSWORDS

You are responsible for safeguarding the password that you use to access Lafdr and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. Lafdr cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

7.      MISUSE OF USERNAMES

Selling usernames: You may not buy or sell Lafdr usernames

Multiple Account Creation: You may not create multiple accounts on Lafdr that represent yourself.

Representing others: You may not create an account that represents anyone but yourself.

  1. MORE ON SPAM

You may not use Lafdr’s services for the purpose of spamming anyone. Spam is generally defined on Lafdr as bulk or aggressive activity that attempts to manipulate or disrupt Lafdr or the experience of users on Lafdr to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we take into account when determining what conduct is considered to be spamming include:

  • if your posts or comments consist mainly of links and/or are shared without commentary;

  • if a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account;

  • if a large number of spam complaints have been filed against you;

  • if you post duplicative or substantially similar content, replies, comments to multiple users; or create duplicate or substantially similar accounts;

  • if you send large numbers of unsolicited posts, comments, replies or mentions;

  • if you add users to lists in a bulk or aggressive manner;

  • if you are randomly or aggressively engaging with users to drive traffic or attention to unrelated accounts, products, services, or initiatives;

  • if you repeatedly post other people’s account information as your own (e.g., bio, posts, comments, profile, user URL, etc.);

  • if you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.); Accounts created to replace or mimic suspended accounts may be permanently suspended.

  • We may also remove accounts which Lafdr at its discretion attributes to entities known to violate the Lafdr Terms of Service.

9.      OUR COMMITMENT TO DATA SECURITY

Lafdr uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Lafdr and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Lafdr Service is never recommended. Once we receive your transmission of information, Lafdr makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Lafdr learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Lafdr may post a notice on the Lafdr Site or through the Lafdr Service if a security breach occurs.

10.  PURCHASES

Certain Services may be available only through creation of a User Account and payment of a fee. Through such accounts, you will have access to such Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the Lafdr Services or otherwise where the Premium Services are offered.

PREMIUM SERVICES AUTOMATICALLY RENEW.  PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT.

PAYMENT COLLECTION. Lafdr does not store user payment information. Payment for subscription shall be collected on the App store for IOS users using the Apple Auto-renewable subscriptions and on Google play store for Android users.

11.  LAFDR CONTENT DATA

When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. Lafdr uses your Content Data for the sole purpose of serving and providing you with the full experience of Lafdr. You control how we process your Content Data through Privacy & Sharing settings in your account at Lafdr. At any time, you can edit/update, retrieve or delete your Content Data in your account.

12.  END USER LICENSES

Mobile Device.  To use the Lafdr Software, you must have a mobile device that is compatible with the Lafdr Services. Lafdr does not warrant that the Lafdr Services will be compatible with Your mobile device. You are responsible for any mobile charges that You may incur for using the Lafdr Services, including text-messaging, roaming charges, and data charges. If You are unsure about the charges that will apply, please contact Your mobile service provider before using the Lafdr Services.

License Grant.  Subject to Your compliance with the terms of this Agreement, Lafdr hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Lafdr Software for Your Account on a mobile device owned or leased solely by You, for Your personal, noncommercial use and (ii) use the Lafdr Services (other than the Lafdr Software) for Your personal, noncommercial use for the use intended by Lafdr, as publicly communicated by Lafdr from time to time.

Restrictions.  You may NOT: (i) modify, disassemble, decompile or reverse engineer the Lafdr Services or any technology made available in connection with the Lafdr Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Lafdr Services to any third party or use the Lafdr Services to provide time sharing or similar services for any third party; (iii) make any copies of the Lafdr Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Lafdr Services, features that prevent or restrict use or copying of any content accessible through the Lafdr Services, or features that enforce limitations on use of the Lafdr Services; or (v) create extensions of, products related to, or that interoperate with, the Lafdr Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; or (vi) delete the copyright and other proprietary rights notices on the Lafdr Services.

Upgrades.  You acknowledge that Lafdr may from time-to-time issue upgraded versions of the Lafdr Services, and may automatically electronically upgrade the version of the Lafdr Services that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Lafdr will not be liable to You for any such upgrades.

Open Source.  To the extent that the Lafdr Services utilize any open source or third-party code that may be incorporated in the Lafdr Services, such open source or third-party code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such open-source software. Please contact us at support@lafdr.com (with “Open Source” in the email subject line) for more information.

Rights Reserved. The foregoing license granted under this Agreement is not a sale of the Lafdr Services or any copy thereof and Lafdr or its third-party partners or suppliers retain all right, title, and interest in the Lafdr Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Lafdr reserves all rights not expressly granted under this Agreement.

Trademarks, Service Marks and Logos. The names and logos associated with the Lafdr Services are the property of Lafdr. No use of these marks is permitted except through the prior written authorization and permission of Lafdr. All rights reserved.

Government End Users. The Lafdr Services are intended for the use by individuals, not government entities. If Lafdr authorizes the use of the Lafdr Services on behalf of the United States Government or the United States Government uses the Lafdr Service without authorization, then use, duplication, display, modification, reproduction, release, performance, distribution and disclosure of the Lafdr Services (or portion thereof) by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Otherwise, nothing in this Agreement or otherwise will give a government user rights to the Lafdr Services broader than those set forth in this Agreement.

Export Control. The Lafdr Services originate in the United States and are subject to United States export laws and regulations. The Lafdr Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Lafdr Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Lafdr Services.

App Stores. You acknowledge and agree that the availability of the Lafdr Services is dependent on the third party from which You received the Lafdr Services, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between You and Lafdr and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the Lafdr Services from it. You agree to comply with, and Your license to use the Lafdr Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.

13.  DELETING YOUR ACCOUNT - RIGHT TO ERASURE

At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find this in your “Settings” where it says “Delete My Account.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data and remove your account from our production servers as soon as is technically possible based on our infrastructure design including a 30-day delay to ensure the deletion request was made by you, etc. The more data you delete, the longer will the deletion process take due to load balancing protections on our servers. After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of Lafdr (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers. If you own a group and delete your account, the content you posted to that group will be deleted; however, the group(s) you own will not be deleted unless you are the only member of that group.

14.  LAFDR RIGHTS

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Lafdr and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Lafdr name or any of the Lafdr trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Lafdr, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

15.  INDEMNITY

By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless Lafdr, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Lafdr; ii) unauthorized access to or alteration of your communications with or through Lafdr, or iii) any other matter relating to Lafdr. Any business transactions which may arise between users from their use of Lafdr are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.

16.  OWNERSHIP IN AND TO THE SITE AND SERVICES

Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Lafdr Content”); and (b) Lafdr's trademarks, logos, and brand elements (“Marks”). The Site and Services, Lafdr Content, and Marks are all protected under U.S. and international laws. Lafdr, the Lafdr logo, and other Lafdr logos and names are trademarks of Lafdr. You agree not to display or use these trademarks in any manner without our prior written permission.

17.  ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.

The laws of the state of South Dakota shall govern this Agreement without giving effect to conflict of laws principles. We agree that any dispute, claim, or disagreement between us shall be resolved exclusively by arbitration. Arbitration is a process in which persons with a dispute(s): (i) agree to submit their dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (ii) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.

THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:

For purposes of this Arbitration Provision the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation (i) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (ii) all federal or State law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement (including the Arbitration Provision), the information you gave us before entering into this Agreement, and/or any past agreement or agreements between you and us; (iii) all counterclaims, cross-claims and third-party claims; (iv) all common law claims, based upon contract, tort, fraud, or other intentional torts; (v) all claims based upon a violation of any state or federal statute or regulation; (vi) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (vii) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (viii) all claims asserted on your behalf by another person; and/or (ix) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties.

All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in effect at the time of the dispute. The cost of the arbitration will be born equally by the parties. The arbitration award will be final and binding and may be enforced by any court in Rapid City, South Dakota.

Only disputes involving you and Lafdr may be addressed in the arbitration. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and Lafdr.

The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this agreement. All statutes of limitations that apply to any dispute shall apply to any arbitration between us. The Arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.

Binding Effect. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors, and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.

Severability. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision, unless the provision precluding the arbitrator from conducting a class arbitration as set forth above is deemed invalid or unenforceable, in which case this entire Arbitration Provision shall be deemed void.

18.  OTHER PROVISIONS

Lafdr is provided to people by Lafdr, LLC, a company based in Rapid City, South Dakota.

Under no circumstances will Lafdr be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Lafdr to enforce any right or provision of these Terms will not prevent Lafdr from enforcing such right or provision in the future.

Lafdr reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

19.  CONTACT INFORMATION

Lafdr, LLC
Email: support@lafdr.com

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