Terms of Service

1. The Service

GiveTheFinger is an entertainment and communication platform that allows users to purchase and send humorous, expressive, satirical, critical, celebratory, or otherwise user-created messages ("Finger Messages" or "Messages") to other persons or entities and to participate in other features offered by the Service.

Depending upon the features selected, users may submit written messages, recipient information, personalized video messages, selections relating to public targets or leaderboards, and other content. Certain eligible written Messages may, at the sender's affirmative election, be submitted for display on our public entertainment feed known as The Bird Feed.

GiveTheFinger provides the technological platform through which users create, transmit, submit, and, where applicable, request publication of their own content.

Unless expressly identified as content created by GiveTheFinger, Messages and other user submissions reflect the views and choices of the user who submitted them—not Middle Finger, LLC. We do not endorse, adopt, verify, approve, or agree with user-generated Messages merely because the Service transmits, hosts, displays, organizes, or makes them available.

2. Entertainment Purpose; Not a License to Harass

GiveTheFinger is intended for lawful expression and entertainment.

The Service is not intended or authorized for bullying, stalking, threatening, intimidating, coercing, terrorizing, abusing, exploiting, or unlawfully harassing another person.

The humorous, irreverent, provocative, or offensive nature of the GiveTheFinger brand does not give any user permission to violate another person's legal rights. A user's ability to submit or transmit a Message does not mean that GiveTheFinger has reviewed, approved, endorsed, verified, or determined the legality or appropriateness of that Message.

3. Age and Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to purchase, send, upload, submit, or publicly post content through the Service.

You may not use the Service to target a child or minor in a manner that constitutes bullying, exploitation, sexualization, intimidation, threatening behavior, or unlawful harassment. GiveTheFinger may implement age-verification or age-screening measures at any time.

4. User-Generated Content

"User Content" includes any text, message, video, photograph, name, nickname, information, submission, reaction, or other material that a user uploads, enters, records, transmits, submits, or requests that we display.

You—not GiveTheFinger—are responsible for the User Content you create or submit.

By submitting User Content, you represent and warrant that:

1. you created the content or possess all rights and permissions necessary to submit it;

2. your submission and our operation of the Service with respect to that content will not violate applicable law or the rights of another person;

3. you are not using GiveTheFinger to threaten, stalk, intimidate, exploit, or unlawfully harass another person;

4. you will not knowingly make materially false statements of fact that are defamatory;

5. you will not disclose another person's highly sensitive private information without lawful authority;

6. you will not impersonate another person in a deceptive or unlawful manner;

7. you will not submit unlawful threats or encourage violence or criminal activity;

8. your content does not contain unlawful sexual or exploitative material; and

9. where your content contains the image, voice, likeness, copyrighted material, trademark, or other protected material of another person, you have whatever rights or lawful basis are required for your intended use.

You understand that humor, satire, opinion, criticism, parody, and offensive expression may be legally protected in some circumstances, but you are solely responsible for determining whether your particular communication is lawful.

5. Sender Responsibility

When you send a Finger Message, you are the speaker and originator of that Message.

GiveTheFinger provides tools for transmitting user-selected or user-created communications. To the fullest extent permitted by law, the sender assumes responsibility for the sender's choice of recipient, wording, allegations or factual statements, uploaded video, frequency of communications, publication selections, context, and other User Content.

You may not attempt to avoid responsibility by using a nickname, anonymous presentation, temporary email address, third party, false account, or other means.

We may maintain information concerning the originating account or transaction as described in our Privacy Policy and may preserve or disclose information when reasonably necessary to comply with law, enforce our policies, protect rights or safety, investigate fraud or abuse, or respond to valid legal process.

6. Harassment, Bullying and Repeated Targeting

A single communication that annoys, embarrasses, criticizes, mocks, or offends a recipient does not automatically constitute unlawful harassment. However, context matters.

You may not use GiveTheFinger to conduct or facilitate a course of conduct that you know or reasonably should know constitutes stalking, unlawful harassment, credible intimidation, or threatening behavior.

• credible threats of violence or physical injury;

• encouraging another person to commit violence;

• repeated targeting intended to frighten or terrorize a recipient;

• coordinating groups of users to overwhelm or harass a private individual;

• evading technical measures designed to stop unwanted communications;

• using multiple accounts to continue prohibited targeting;

• publishing home addresses, financial information, government identification numbers, passwords, intimate information, or similarly sensitive private information without lawful authorization;

• sexual exploitation or sexual threats;

• extortion or blackmail; and

• targeting a minor for bullying, exploitation, intimidation, or sexual content.

GiveTheFinger may impose recipient-level, sender-level, frequency, content, account, device, payment, or other restrictions designed to address abuse.

7. Personalized Video Messages

The Service may permit a sender to record or upload a personalized video of up to the duration specified by GiveTheFinger. Personalized videos are User Content.

Unless we expressly provide otherwise, personalized videos are intended for private delivery to the designated recipient and will not be displayed on The Bird Feed.

By uploading a video, you represent that you possess the rights necessary to upload and transmit the video and that it complies with these Terms. You grant GiveTheFinger the limited rights necessary to host, process, store, transmit, moderate, and deliver the video in connection with providing and protecting the Service.

8. The Bird Feed

The Bird Feed is GiveTheFinger's public entertainment feed. A sender may be offered an option such as: "Post my message to The Bird Feed." Publication is voluntary and requires affirmative selection by the sender.

By selecting public publication, you understand that eligible portions of your written Message may become publicly accessible and potentially viewed, copied, shared, discussed, indexed, photographed, or otherwise redistributed by third parties beyond GiveTheFinger's control.

For private individual recipients, GiveTheFinger may limit publicly displayed identifying information, such as displaying first name and last initial. Public companies, organizations, teams, public figures, or other public targets may be identified differently.

Personalized uploaded videos will not be published to The Bird Feed unless GiveTheFinger introduces a separate feature and obtains the permissions required for that feature.

Submission for The Bird Feed does not guarantee publication. GiveTheFinger may review, reject, edit for formatting or safety, de-identify, limit distribution of, remove, or decline to publish content at any time, subject to applicable law.

9. License to User Content

You retain whatever ownership rights you otherwise possess in your User Content.

You grant Middle Finger, LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, process, format, transmit, moderate, and display your User Content solely as reasonably necessary to operate, secure, improve, administer, promote, and provide the Service and exercise rights granted by you.

For content that you affirmatively submit to The Bird Feed or another public feature, this license includes the right to publicly display, reproduce, format, distribute, excerpt, and promote that public content in connection with GiveTheFinger and its marketing, subject to applicable law. This provision does not convert private personalized videos into public content.

10. Moderation and Removal

GiveTheFinger has no obligation to pre-screen every Message. We nevertheless reserve the right, but not the obligation, to use automated systems, human review, user reports, transaction patterns, or other methods to detect violations.

To the fullest extent permitted by applicable law, we may refuse, block, restrict, suppress, remove, de-identify, or disable access to content or accounts that we believe may:

• violate these Terms;

• violate our Acceptable Use & Safety Policy;

• expose a person or GiveTheFinger to unreasonable risk;

• constitute spam, fraud, abuse, threats, stalking, harassment, or exploitation;

• infringe rights;

• be unlawful;

• interfere with the Service; or

• otherwise be objectionable or inappropriate for GiveTheFinger.

Our decision to moderate some content does not create an obligation to identify, monitor, investigate, or remove every potentially objectionable or unlawful communication. Failure to remove content immediately does not constitute endorsement of that content.

11. Safety and Legal Reporting

Recipients and other persons may contact GiveTheFinger regarding alleged threats, unlawful content, impersonation, privacy violations, intellectual-property violations, or other safety or legal concerns through the reporting mechanism designated by GiveTheFinger.

Reports should be truthful and submitted in good faith. We may investigate reports and take whatever action we consider appropriate, including preserving records, restricting accounts, preventing further delivery, removing public content, or referring matters to appropriate authorities where legally required or reasonably necessary to address an imminent safety concern.

12. No Guarantee of Anonymity

Certain GiveTheFinger features may allow a sender's identity to be hidden from the recipient or public. THIS DOES NOT MEAN THAT YOUR USE OF THE SERVICE IS LEGALLY OR TECHNICALLY ANONYMOUS.

GiveTheFinger may collect and maintain transaction, account, device, network, payment-related, and other information as described in our Privacy Policy. Where required by law or valid legal process, or where otherwise permitted by applicable law for fraud, security, safety, or rights-protection purposes, information associated with a sender may be preserved or disclosed. Do not use GiveTheFinger under the assumption that unlawful conduct cannot be traced to you.

13. Purchases, Finger Credits and Payments

Prices, packages, credits, taxes, promotions, and available features are displayed at the time of purchase and may change. Payments may be processed by third-party payment providers.

By making a purchase, you authorize the applicable charges and represent that you are authorized to use the selected payment method. Except where required by law or expressly stated otherwise, completed digital purchases and successfully delivered or consumed credits are non-refundable. GiveTheFinger may nevertheless issue refunds or credits in its discretion.

14. Recipients Are Not Required to Respond

Receiving a Finger does not require the recipient to create an account, purchase anything, respond, or engage with the sender. Recipients may simply take no action. GiveTheFinger may offer recipients optional features that require account creation or acceptance of additional terms.

15. Intellectual Property

The GiveTheFinger name, GiveTheFinger.co, The Bird Feed, logos, artwork, interface, software, designs, graphics, branding, original copy, and other Company-owned materials are owned by or licensed to Middle Finger, LLC and are protected by applicable intellectual-property laws. These Terms do not grant users ownership of Company intellectual property.

16. Copyright Complaints

GiveTheFinger respects intellectual-property rights. Persons who believe content infringes their copyright may submit a notice to legal@GiveTheFinger.co. GiveTheFinger may remove or disable allegedly infringing material and may terminate repeat infringers where appropriate.

17. Third-Party Services

The Service may rely upon payment processors, hosting providers, cloud storage providers, analytics services, email/SMS providers, e-commerce platforms, security providers, and other third parties. GiveTheFinger is not responsible for outages, acts, omissions, policies, or services of independent third parties except to the extent required by applicable law.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

MIDDLE FINGER, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

WE DO NOT WARRANT OR REPRESENT THAT USER CONTENT IS TRUE, ACCURATE, LAWFUL, NON-OFFENSIVE, APPROPRIATE, OR NON-DEFAMATORY. WE DO NOT CONTROL USERS' OFF-PLATFORM CONDUCT.

19. Assumption of Risk

You understand that a platform built around expressive and sometimes provocative communications may expose users or recipients to content they consider rude, insulting, embarrassing, offensive, upsetting, controversial, inaccurate, satirical, or otherwise objectionable. To the extent permitted by law, you voluntarily assume the ordinary risks associated with viewing or participating in such a service. Nothing in this provision waives rights that cannot legally be waived.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIDDLE FINGER, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, EMOTIONAL DISTRESS, REPUTATIONAL HARM, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SERVICE OR USER CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS INCLUDES CLAIMS ARISING FROM OR RELATING TO MESSAGES CREATED OR SENT BY USERS; USER-GENERATED CONTENT; ALLEGED HARASSMENT OR BULLYING BY USERS; DEFAMATORY OR FALSE STATEMENTS MADE BY USERS; OFFENSIVE OR OBJECTIONABLE CONTENT; A USER'S DECISION TO TARGET OR CONTACT A RECIPIENT; THIRD-PARTY REPUBLICATION OF PUBLIC CONTENT; UNAUTHORIZED USER CONDUCT; MODERATION OR FAILURE TO MODERATE USER CONTENT; OR ACTIONS OF THIRD PARTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIDDLE FINGER, LLC'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO MIDDLE FINGER, LLC DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100.

THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

21. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Middle Finger, LLC and its affiliates, members, managers, officers, employees, contractors, agents, successors, and assigns from and against claims, demands, proceedings, liabilities, judgments, damages, losses, costs, and reasonable attorneys' fees arising out of or relating to:

1. your User Content;

2. a Finger Message you create, submit, request, transmit, or cause to be transmitted;

3. your selection of a recipient;

4. your violation of these Terms or the Acceptable Use & Safety Policy;

5. your infringement or violation of another person's intellectual-property, privacy, publicity, contractual, or other rights;

6. allegations of defamation, harassment, bullying, stalking, threats, invasion of privacy, impersonation, or similar misconduct based upon your conduct or User Content;

7. your unlawful use of the Service; or

8. fraud or misrepresentation by you.

GiveTheFinger reserves the right to control the defense of any matter subject to indemnification, and you agree to reasonably cooperate.

22. Dispute Resolution; Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Before initiating arbitration, a party must send the other a written Notice of Dispute describing the claim and requested relief and allow at least 30 days for informal resolution.

Except for disputes that legally cannot be subjected to arbitration, qualifying small-claims matters, and claims seeking appropriate injunctive relief concerning intellectual-property misuse, disputes arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under the applicable AAA consumer or commercial rules, as appropriate. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

NO CLASS ACTIONS. To the fullest extent permitted by law, disputes must be brought on an individual basis. Neither party may participate as a plaintiff or class member in a purported class, collective, consolidated, coordinated, mass, or representative action or arbitration, except where applicable law prohibits enforcement of such restriction.

JURY TRIAL WAIVER. To the extent a dispute proceeds in court rather than arbitration, each party waives trial by jury to the fullest extent permitted by law.

If any portion of this arbitration section is determined unenforceable, the remaining portions will continue in effect to the fullest extent legally permissible.

23. Governing Law and Venue

Except to the extent superseded by federal law or prohibited by applicable law, these Terms and disputes not subject to arbitration are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Subject to the arbitration provisions above, exclusive venue for judicial proceedings shall lie in the state or federal courts having jurisdiction in Dallas County, Texas, unless applicable law requires otherwise.

24. Suspension and Termination

We may suspend, restrict, or terminate access to the Service when reasonably necessary to enforce these Terms, address suspected fraud or abuse, comply with law, protect the Service or another person, or protect GiveTheFinger's legitimate interests. Sections that by their nature should survive termination will survive, including provisions concerning User Content rights, disclaimers, liability limitations, indemnification, dispute resolution, and intellectual property.

25. Changes to These Terms

We may update these Terms. Where required by law, we will provide appropriate notice of material changes. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by applicable law.

26. Severability

If a provision is found invalid or unenforceable, it shall be enforced to the maximum extent permissible, and the remainder of these Terms will remain effective.

27. Entire Agreement

These Terms, the Privacy Policy, the Acceptable Use & Safety Policy, and any additional terms presented for a specific feature constitute the agreement between you and Middle Finger, LLC concerning the Service.

28. Contact

Middle Finger, LLC

General inquiries: hello@GiveTheFinger.co

Customer support: help@GiveTheFinger.co

Legal notices: legal@GiveTheFinger.co

Safety/abuse reports: abuse@GiveTheFinger.co