📘Terms and Conditions

Terms of Use

Terms of Use

Last updated: February 20, 2025

1. How it works

MemeKult.com is a platform that enables users to launch and discover token collections. All Collection creations are fair, meaning there is no pre-sale, no insider trading, and no manipulative dynamics. Each Collection has a fixed one (1) billion token supply.

Each token is created by you when you initiate the creation of a smart contract on the selected public blockchain. Once you create the token, the code becomes immutable and cannot be changed by you or anyone else. Additionally, the supply and trading dynamics of any token on MemeKult.com follow the fixed rules of the relevant blockchain protocol, which apply to every creator and token. These rules cannot be arbitrarily changed to prevent individuals from selling their tokens. However, please note that token prices can still collapse due to market conditions, and you willingly accept all risks involved. You agree not to hold MemeKult.com responsible for any losses you may incur.

2. Binding Agreement

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MemeKult.com (“we,” “us” or “our”), concerning your access to and use of the MemeKult.com website and its services, smart contracts, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately. Additionally, you agree not to hold MemeKult.com responsible for any losses suffered from using the Site.

IN ADDITION, YOU MAY NOT USE OUR SITE IF YOU: (A) ARE NOT THE OLDER OF (i) AT LEAST EIGHTEEN (18) YEARS OF AGE; OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (B) ARE A CITIZEN OR RESIDENT OF, OR LOCATED IN, ANY COUNTRY WHERE THE USE OF THE SITE IS ILLEGAL OR IMPERMISSIBLE OR WHICH WOULD SUBJECT US TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION; OR (C) ARE OTHERWISE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S FUNCTIONALITIES BY THESE TERMS OR BY APPLICABLE LAW.

If MemeKult.com detects or suspects that you are using the Site for fraudulent purposes or in violation of any law, or in a way that violates these Terms, MemeKult.com reserves the right to modify information related to your token or remove public access to the token at any time, at our sole discretion.

Supplemental terms, conditions, or policies that may be posted on the Site from time to time, including but not limited to the Privacy Policy, are incorporated by reference into these Terms. We reserve the right to modify these Terms at any time for any reason. Changes will be indicated by updating the “Last Updated” date on the Terms of Use page. Your continued use of the Site after any such updates constitutes your agreement to the revised Terms.

3. Access to and Use of MemeKult.com

To access and use the MemeKult.com Site, you must connect a valid token wallet. You are solely responsible for the security of your wallet and any associated private key(s). You must ensure the confidentiality of your private key(s) and take reasonable precautions to prevent unauthorized access.

By launching a token on MemeKult.com, you agree to the following:

1. All content you upload to the Site is owned by you and does not violate the intellectual property rights of others.

2. The content is not obscene, hateful, or inciting violence.

3. You will not describe the token in a way that encourages adding utility to the token, which may lead others to expect long-term value creation.

4. You will not engage with the Site through automated or non-human means, whether through a bot, script, or otherwise.

5. You will not attempt to bypass security features or attack the Site or any underlying blockchain network.

6. You will not introduce any material that is malicious or technologically harmful to the Site, its users, any underlying blockchain, or any of the Site’s related utilities or functionalities;

7. You will not defraud, manipulate, or harm others through the Site.

8. You will not harm the reputation of MemeKult.com or its operators.

9. You will not share illegal or offensive content, misuse private information, or encourage others to engage in illegal activities.

10. You will not use MemeKult.com to engage in any unlawful activities.

Once a token is created, neither you nor MemeKult.com can undo the creation. However, MemeKult.com reserves the right to remove the token from visibility or modify its priority on the platform at any time for any reason.

4. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

5. Fees

The pricing or fees are those specified on our Site. We reserve the right to change these pricing or fees at any time and without further notice.

6. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

7. Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of France, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

8. User generated contributions

The Site may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

(1) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

(2) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

(3) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

(4) your Contributions are not false, inaccurate, or misleading.

(5) your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.(6) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

(7) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

(8) your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

(9) your Contributions do not violate any applicable law, regulation, or rule.

(10) your Contributions do not violate the privacy or publicity rights of any third party.

(11) your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

(12) your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

(13) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

(14) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

We reserve the right to remove Contributions that violates the Terms of Use.

9. Contribution license

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Blockchain Risks

Blockchain technologies carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. You understand that crypto-assets, including tokens, may have no present or future value and are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. Furthermore, the speed and cost of transacting with cryptographic technologies, such as blockchains, are variable and highly volatile. You understand that the transparent nature of many blockchains means that any interactions you have with a blockchain may be publicly visible and readable in human form.

You represent that you are familiar with the underlying blockchain technologies behind the tokens, and the risks of buying them, which include but are not limited to vulnerability to hacking and total loss of your funds. You further acknowledge that your use of our smart contracts is solely at your own risk. Additionally, you understand that we may rely on third-party smart contracts or blockchain technologies, and we cannot guarantee their functionality, security, or reliability. We are not responsible for any risks, vulnerabilities, or losses arising from any interaction with our contracts and third-party contracts.

12. Warranty Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR ANY THIRD-PARTY CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO AND USE OF THE SITE OR OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR AS A RESULT OF A THIRD PARTY’S INTERACTIONS WITH THE SITE.

The content and information presented on or through the Site is made available solely for informational purposes. and should not be construed as professional advice (including, without limitation, tax, legal, or financial advice).

These Terms are not intended to create any fiduciary duties between us and you or any third party. MemeKult.com never take possession, custody, control, ownership, or management of any crypto-assets or other property transmitted via the Site. To the fullest extent permissible by law, you agree that your use of the Site does not cause us or any other user to owe fiduciary duties or liabilities to your or any third party, and if any such duties or liabilities are afforded by law or by equity, they are hereby irrevocably disclaimed, waived, and eliminated to the fullest extent permissible by law.

13. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS (“MemeKult.com OR AFFILIATES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties outlined in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site; (6) your use or reliance on of any information obtained from the Site; or (7) any other party’s access and use of the Site with your assistance or by using any device or account that your own or control. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.

15. Governing law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of France.

16. Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations, such Dispute shall be decided by a court of competent jurisdiction within the court listed for jurisdiction above.

These Terms of Use are governed by and construed in accordance with French Law. The Dispute shall be exclusively prosecuted in the courts located in Paris jurisdiction, France, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

17. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

18. Miscellaneous

a. OFAC Regulations. The Site may be subject to sanctions laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. or E.U government denied-party or generally-sanctioned jurisdiction list. You agree that you are not listed as a specially designated national (SDN) by OFAC. You will not, nor will you permit any other users to, access or use the Site in a U.S.-sanctioned country (including Cuba, Iran, North Korea, Sudan, Syria, or Crimea (region of Ukraine)) or violation of any U.S. sanctions, export law or regulation. MemeKult.com will cooperate with any sanctions or financial crime enforcement action or investigation of users, as may be required by law, solely within MemeKult.com’s discretion.

b. Taxes. You are solely responsible for identifying, calculating, reporting, and remitting to the appropriate tax authorities any and all taxes related to your token(s) that may apply to your use of MemeKult.com.

c. Severability. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

d. Waiver. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.

e. Entire Agreement. These Terms are the entire understanding of the parties concerning their subject matter and supersede any previous or contemporaneous communications, whether oral or written.

f. Headings and Interpretation. Headings and the summary explanations at the beginning of each Section of these Terms are for reference only and do not affect the parties’ rights and obligations hereunder. As used herein, “may” means “has the right, but not the obligation, to,” and “includes” and its variations mean “includes, but is not limited to.”

g. Electronic Communications, Transactions, and Signatures. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

h. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.