Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Obsidian Cloud ("Company," "we," "us," or "our"), the operator of AllDaMemes, accessible at alldamemes.com and any associated mobile applications, APIs, and services (collectively, the "Service").

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

Your continued use of the Service after any modifications to these Terms constitutes acceptance of the modified Terms.

To use the Service, you must:

• Be at least 13 years of age. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms.
• Have the legal capacity to enter into a binding agreement.
• Not be barred from using the Service under applicable law.
• Not have been previously banned or removed from the Service for violations of these Terms.

We do not knowingly collect personal information from children under 13. If we learn that a child under 13 has provided us with personal information, we will promptly delete it. See our Privacy Policy for more information.

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account at contact@obsidiancloud.com.

You may register using email/password or through supported third-party authentication providers (e.g., Google, Apple, Facebook, Instagram, X). When using third-party authentication, you authorize us to access certain account information from those providers as described in our Privacy Policy.

We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, with or without notice, for any reason, including violation of these Terms.

4.1 Your Content

The Service allows you to upload, submit, share, and distribute memes, images, GIFs, videos, text, tags, descriptions, and other materials (collectively, "User Content"). You retain ownership of any intellectual property rights that you hold in your User Content, subject to the license granted below.

4.2 License Grant to AllDaMemes

By uploading or submitting User Content to the Service, you grant Obsidian Cloud a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business operations, including for:

• Displaying your content on the Service and associated platforms.
• AI-powered analysis, classification, tagging, and description generation.
• Creating thumbnails, optimized formats, and derivative media files.
• Promoting the Service through social media and marketing channels.
• Improving our AI models, search algorithms, and content recommendation systems.
• Archival and preservation purposes consistent with the Service's mission.

This license continues even if you stop using the Service, to the extent your User Content has been shared with or accessed by other users, or is necessary for the operation of the Service. You may request deletion of your User Content by contacting us, and we will make commercially reasonable efforts to remove it, subject to technical limitations, legal obligations, and the rights of other users.

4.3 Content Representations

By uploading User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and authorize us to use your User Content as described in these Terms.
• Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other legal rights.
• Your User Content complies with these Terms and all applicable laws and regulations.
• Your User Content does not contain any material that is defamatory, obscene, or otherwise objectionable in a manner not consistent with the platform's Community Guidelines.

AllDaMemes uses artificial intelligence and machine learning technologies to enhance the user experience. By using the Service, you acknowledge and consent to the following AI-powered processing of your User Content:

• Content Classification: Automated categorization, tagging, and metadata generation using large language models (LLMs) and computer vision systems.
• Content Moderation: Automated safety screening using image recognition and text analysis to detect prohibited content.
• Text Extraction: Optical character recognition (OCR) to extract and index text within images.
• Description Generation: AI-generated titles, descriptions, cultural context, and sentiment analysis for uploaded content.
• Template Recognition: Automated identification of meme templates and formats.
• Origin Detection: Reverse image search to identify the origin and history of uploaded content.
• Content Recommendations: Personalized content suggestions based on your interactions and preferences.

AI-generated metadata (including tags, descriptions, and classifications) is produced automatically and may not always be accurate. We do not guarantee the accuracy, completeness, or appropriateness of any AI-generated content. AI-generated metadata associated with your User Content is owned by Obsidian Cloud.

We use commercially available AI services including Amazon Bedrock, Amazon Rekognition, Amazon Comprehend, and Amazon Textract. Your content is processed in accordance with our Privacy Policy and the privacy practices of our service providers.

You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, state, national, or international law or regulation.
• Uploading content that you do not have the right to share or that infringes any intellectual property or other proprietary rights.
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity.
• Harassing, threatening, stalking, intimidating, or abusing other users.
• Posting content that promotes discrimination, hatred, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.
• Uploading or distributing malware, viruses, or any other malicious code.
• Attempting to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service.
• Using automated scripts, bots, or scrapers to access the Service or collect data without our written permission.
• Circumventing, disabling, or interfering with security features of the Service, including AI moderation systems.
• Manipulating the gamification system, including artificially inflating XP, badges, or leaderboard standings.
• Engaging in spam, including unsolicited promotions, advertising, or repetitive content.
• Interfering with or disrupting the Service or the servers and networks connected to the Service.
• Collecting or harvesting personal information of other users without their consent.
• Using the Service for any commercial purpose not expressly authorized by us.

All User Content must comply with our Community Guidelines. In addition, User Content must not contain:

• Pornographic, sexually explicit, or excessively violent material.
• Content that exploits or endangers minors in any way.
• Content that promotes terrorism, extremism, or illegal activities.
• Personal or private information of third parties without their consent (doxxing).
• Content that is intentionally misleading or constitutes disinformation designed to cause harm.
• Content that violates any third party's rights, including intellectual property rights.

We reserve the right to review, moderate, and remove any User Content at our sole discretion, with or without notice. Content is subject to both automated AI moderation and human review. For details on our moderation process, see our Community Guidelines.

8.1 Our Intellectual Property

The Service, including its original content (excluding User Content), features, functionality, design, logos, trademarks, and service marks, are and will remain the exclusive property of Obsidian Cloud and its licensors. The Service is protected by copyright, trademark, trade dress, patent, and other intellectual property laws of the United States and foreign countries.

"AllDaMemes," the AllDaMemes logo, "Every Meme. Every Moment. All Da Culture.," and all related names, logos, product and service names, designs, and slogans are trademarks of Obsidian Cloud. You may not use such marks without our prior written permission.

8.2 Copyright Claims

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes infringement, please see our DMCA Policy and Copyright Policy for instructions on how to submit a takedown notice.

The Service includes a gamification system featuring experience points ("XP"), levels, badges, streaks, and leaderboards. Regarding this system:

• XP, badges, levels, and other virtual rewards have no monetary value and cannot be exchanged for cash or any other consideration.
• We reserve the right to modify, reset, or discontinue the gamification system at any time without notice or compensation.
• Any attempt to artificially manipulate XP, leaderboard standings, or badge acquisition (including through automated tools, multiple accounts, or coordinated manipulation) is a violation of these Terms and may result in account suspension or termination.
• Leaderboard rankings and reward calculations are determined at our sole discretion and are final.

The Service may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by Obsidian Cloud. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. These include but are not limited to:

• Social media platforms (X/Twitter, Instagram, Facebook, Google, Apple) used for authentication and sharing.
• Amazon Web Services (AWS) for infrastructure, AI/ML processing, and data storage.
• Third-party APIs used for content analysis and classification.

Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to read those terms before using such services in connection with AllDaMemes.

11.1 Termination by You

You may terminate your account at any time by contacting us at contact@obsidiancloud.com. Upon termination, your right to use the Service will immediately cease.

11.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:

• Your right to access and use the Service will immediately cease.
• We may delete your account data, subject to our data retention policies and legal obligations.
• The license you granted to us in Section 4 shall survive termination to the extent described therein.
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Service will be accurate, reliable, or complete.
• AI-generated content, including tags, descriptions, classifications, and moderation decisions, will be accurate, appropriate, or free from bias.
• Any errors in the Service will be corrected.
• The Service will be free of viruses or other harmful components.
• User Content uploaded by other users is accurate, lawful, or non-infringing.

You use the Service at your own risk. You are solely responsible for any damage to your computer system or loss of data resulting from your use of the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OBSIDIAN CLOUD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service.
• Any conduct or content of any third party on the Service.
• Any User Content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.
• Decisions made by AI moderation or classification systems.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless Obsidian Cloud, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any rights of a third party, including intellectual property rights.
• Your violation of any applicable law, rule, or regulation.

15.1 Informal Resolution

Before filing any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy ("Dispute") informally by contacting us at contact@obsidiancloud.com with a written description of the Dispute, all relevant documents, and your proposed resolution. We will attempt to resolve the Dispute informally within thirty (30) days. If the Dispute is not resolved within that period, either party may initiate arbitration as described below.

15.2 Binding Arbitration

If we cannot resolve a Dispute informally, you and Obsidian Cloud agree that any Dispute will be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding.

The arbitration will take place in Guilford County, North Carolina, unless you and we agree to a different location or to conduct the arbitration by telephone or video conference. The arbitrator shall have exclusive authority to resolve all Disputes, including the arbitrability of any claim.

15.3 Class Action Waiver

YOU AND OBSIDIAN CLOUD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdiction of such court.

15.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to contact@obsidiancloud.com within thirty (30) days of creating your account. Your notice must include your name, account username, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Obsidian Cloud will be bound by this arbitration provision (but all other provisions of these Terms will still apply).

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. To the extent that arbitration does not apply, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Wyoming.

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We will notify you of changes by posting the updated Terms on this page with a new "Last updated" date, and where appropriate, via email or in-app notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

• Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Obsidian Cloud regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
• No Third-Party Beneficiaries: These Terms do not confer any third-party beneficiary rights.
• Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms of Service, please contact us: