Terms of Service
1. Agreement
These Terms of Service ("Terms") are a binding contract between you and Dirty Giffy ("Dirty Giffy", "we", "us" or "our") covering your use of our website, apps, API, MCP server, embeds, feeds and related services (the "Service"). By using the Service, creating an account, uploading anything, or clicking to agree, you accept these Terms and our Privacy Policy and Content Rules, which are part of these Terms. If you do not agree, do not use the Service.
2. Adults only
The Service contains adult humor. You must be at least 18 years old, and the age of majority where you live, to use it. By using the Service you confirm that you are. Do not use the Service where it is illegal for you to view its content.
3. Changes
We may change these Terms at any time by posting a new version with a new effective date. Changes apply from that date. Continuing to use the Service after a change means you accept it. Material changes to Section 14 (disputes) will not apply to a dispute that arose before the change.
4. Accounts
Give accurate information and keep your password secret. You are responsible for everything done through your account and your API keys. We may refuse, suspend or close any account at any time for any reason or no reason.
5. Content rules
You must follow the Content Rules. Never upload or share anything showing a minor or anyone who looks underage in a sexual or suggestive context; real people without their consent; private or intimate images; deepfakes or impersonation; nudity or sex acts; hate, harassment or threats; anything illegal; or anything you do not have the right to share. We may report suspected child sexual abuse material and other illegal content to law enforcement and the National Center for Missing & Exploited Children.
6. Upload Agreement: you transfer your rights to us
This section applies every time you upload, submit or post any GIF, image, video, title, tag, caption, link or other material ("Your Content"). You agree to it each time you tick the upload box.
6.1 Assignment. When you submit Your Content, you irrevocably transfer and assign to Dirty Giffy all of your right, title and interest worldwide in and to Your Content, including all copyrights, trademarks, rights of publicity you control, and all other intellectual property and proprietary rights, together with all renewals, extensions and the right to sue for past, present and future infringement. After you upload, you no longer own Your Content and you keep no rights in it. This assignment applies whether or not we approve, publish or keep Your Content.
6.2 License where assignment does not work. If any right in Your Content cannot be assigned, whether because the law does not allow it or because you do not own it, you grant us an exclusive (to the extent you hold the rights), perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable (through multiple tiers) license to use, copy, store, host, display, perform, publish, distribute, transmit, edit, modify, adapt, translate, combine, create derivative works from, monetize, sell, license, sublicense, rent, lend, trade, transfer and otherwise exploit Your Content, in whole or in part, in any media, format or technology now known or later developed, for any purpose, commercial or not, including advertising, data and AI training and licensing to third parties. You also agree never to assert any right you keep against us or anyone we authorize.
6.3 No payment, no credit. You will not receive any payment, royalty or other compensation for Your Content or anything we do with it, including if we earn money from it. We are not required to credit you. We may, but do not have to, show your username with Your Content.
6.4 Moral rights. To the extent the law allows, you waive, and agree never to assert, any moral rights, rights of attribution or integrity, or similar rights in Your Content against us or anyone we authorize.
6.5 Your promises. Each time you submit Your Content you promise that: (a) you created it, or you have all rights needed to make this assignment and grant this license; (b) everyone shown in it was at least 18 years old when it was made, consented to being recorded, and gave you written permission (a signed release) to upload it and transfer these rights; (c) it does not contain nudity, sex acts, or anything illegal, and does not violate the Content Rules; (d) it does not infringe or violate anyone's copyright, trademark, privacy, publicity or other rights; and (e) our use of it as these Terms allow will not require us to pay anyone or get anyone else's permission.
6.6 Our discretion. We do not have to review, approve, publish, keep or return Your Content. We may approve, reject, edit, label, rate or remove it at any time for any reason. Removing Your Content, or closing your account, does not end the assignment or license, which survive forever.
6.7 Confirming the transfer. If we ask, you will sign any document we reasonably need to confirm or record the assignment. If you do not do so within 10 days, you appoint us as your attorney-in-fact solely to sign those documents for you.
6.8 Public content. Approved content is public. Others can view, copy, download, embed and share it, and we cannot recall copies made outside the Service.
7. You hold us harmless and cover our costs
You will defend, indemnify and hold harmless Dirty Giffy and its affiliates, owners, officers, directors, employees, contractors, agents, licensees, partners, successors and assigns (the "Dirty Giffy Parties") from and against any and all claims, demands, lawsuits, proceedings, losses, damages, judgments, fines, penalties, settlements, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or related to: (a) Your Content, including any claim by a person shown in it or by anyone claiming rights in it; (b) your use of the Service; (c) your breach of these Terms or any promise in them; (d) your violation of any law or any third party's rights, including intellectual property, privacy and publicity rights; or (e) anything done through your account or API keys. We may control the defense of any claim, and you will cooperate with us. You may not settle any claim without our written consent. This section survives the end of these Terms and your account.
8. No warranties
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY CONTENT IS LAWFUL, SAFE OR APPROPRIATE. CONTENT IS POSTED BY USERS AND IS THEIR RESPONSIBILITY. YOU USE THE SERVICE AT YOUR OWN RISK.
9. No liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DIRTY GIFFY PARTIES WILL HAVE NO LIABILITY TO YOU OR ANYONE ELSE FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO THE SERVICE, ANY CONTENT, THESE TERMS OR ANY DATA, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND LOST PROFITS, DATA, GOODWILL OR REPUTATION, UNDER ANY THEORY, EVEN IF ADVISED OF THEIR POSSIBILITY. IF ANY LIABILITY CANNOT BE EXCLUDED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF FIFTY US DOLLARS (US$50) OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE LIMITS, SO THEY MAY NOT ALL APPLY TO YOU.
10. Release
You release the Dirty Giffy Parties from all claims and liability arising from content posted by other users and from the conduct of other users or third parties. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law elsewhere.
11. Copyright complaints
If you believe content on the Service infringes your copyright, use the Report button on the GIF and choose "My copyright", or contact us through our request form, with: your contact details; the work you claim is infringed; the URL of the content; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and you are the owner or authorized to act for the owner; and your physical or electronic signature. We remove infringing content and terminate repeat infringers in appropriate circumstances.
12. API, MCP, embeds and feeds
API keys are personal and may be revoked or rate-limited at any time. When you display our content, link back to its page on the Service and do not suggest we endorse you. Do not resell raw API access, scrape the Service outside the API, or use the Service to build a competing library. We may change or end any API, MCP tool, embed or feed at any time without notice.
13. Data
We collect, use, combine with third-party data, share and sell information as described in our Privacy Policy. By using the Service you acknowledge that policy. Your choices, including how to opt out of the sale or sharing of your personal information, are on our Your Privacy Choices page.
14. Disputes: individual arbitration and class action waiver
Please read this section carefully. It affects your legal rights.
14.1 Arbitration. Except for claims that qualify for small claims court and claims to protect intellectual property, any dispute, claim or controversy between you and Dirty Giffy arising out of or relating to the Service or these Terms ("Dispute") will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this section. The arbitrator decides all questions of arbitrability except those about Section 14.2.
14.2 Class action and jury waiver. You and we each waive the right to a jury trial and to participate in a class, collective, consolidated or representative action or arbitration. Disputes are brought only in an individual capacity. If this waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration, and the rest of this section still applies.
14.3 Opt out. You may opt out of this arbitration agreement by sending us a written notice through our request form within 30 days after you first accept these Terms, stating your name, account email and that you opt out of arbitration.
14.4 Time limit. Any Dispute must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.
15. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, and by the Federal Arbitration Act for Section 14. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.
16. Termination
We may suspend or end your access at any time for any reason. You may stop using the Service at any time. Sections 6, 7, 8, 9, 10, 13, 14, 15 and 17 survive termination.
17. General
These Terms, the Privacy Policy and the Content Rules are the entire agreement between you and us about the Service. If any part is unenforceable, it will be enforced to the maximum extent possible and the rest stays in effect. Our failure to enforce a right is not a waiver. You may not transfer these Terms; we may assign them, and any rights in Your Content, freely, including in a merger, acquisition or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Electronic acceptance, including ticking a box, is your signature. Questions: our request form.