Terms Of Use

Terms Of Use

“Is It Funny or Offensive?” Terms of Use 

  1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including any and all content hosted on the isitfunnyoroffensive.com domain, the “Funny or Offensive Website”, or “Website”), you signify your agreement and assent to both these terms and conditions (the “Terms of Use”) and our privacy policy, which is located at http://www.isitfunnyoroffensive.com/privacy, and which is incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Funny or Offensive Website.

  1. Scope

These Terms of Use apply to all users of the Funny or Offensive Website, including users who are also contributors of any content, photos, video, audio, information, and other materials or services on the Website. The Funny or Offensive Website may contain links to third party websites or content that are not owned or controlled by Funny or Offensive. Funny or Offensive, LLC (“Funny or Offensive”) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Funny or Offensive will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Funny or Offensive from any and all liability arising from your use of any third-party website or content thereon. Accordingly, we encourage you to be aware when you link to third-party content and websites and to read the terms and conditions and privacy policies of such other websites. 

  1. Access

In order to access some features of the Website, you will have to create an account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Funny or Offensive immediately of any breach of security or unauthorized use of your account. You agree that Funny or Offensive will not be liable for losses caused by any unauthorized use of your account, and you may be liable for the losses of Funny or Offensive or others due to such unauthorized use. You agree not to use or employ any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Funny or Offensive servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Funny or Offensive grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Funny or Offensive reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect any other person’s personally identifiable information, including account names, from the Website.   You shall not use the Website for any commercial solicitation purposes. Your use of the Website as permitted herein is solely for your personal, noncommercial use. You will not copy or distribute any part of the Website in any medium without prior written authorization. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user. You will not post content that, in our discretion: constitutes illegal hate speech, obscenity, is threatening, or is pornographic; incites violence or illegal activity; or contains nudity or graphic or gratuitous violence. You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack, interference with page rendering, uploading duplicate posts, or interference with other Funny or Offensive Website functionality. You will not facilitate or encourage any violations of this Terms of Use or our policies. Funny Or Offensive reserves the right to remove posts by users of the Website who do not comply with these Terms of Use.

  1. Rights in Content

The content on the Funny or Offensive Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Funny or Offensive, or fairly used by Funny or Offensive, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Funny or Offensive reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Funny or Offensive Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Funny or Offensive Website or the Content therein. 

 

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE FUNNY OR OFFENSIVE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FUNNY OR OFFENSIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FUNNY OR OFFENSIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OFFENSES TAKEN OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS LINKED TO, POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FUNNY OR OFFENSIVE WEBSITE. FUNNY OR OFFENSIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FUNNY OR OFFENSIVE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FUNNY OR OFFENSIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Limitation of Liability
    1. IN NO EVENT SHALL FUNNY OR OFFENSIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS UPLOADED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FUNNY OR OFFENSIVE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNNY OR OFFENSIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FUNNY OR OFFENSIVE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Funny or Offensive from its facilities in the United States of America. Funny or Offensive makes no representations that the Funny or Offensive Website is appropriate or available for use in other locations. Those who access or use the Funny or Offensive Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You understand that when using the Funny or Offensive Website, you will be exposed to Content from a variety of sources, and that Funny or Offensive is not responsible for the message, accuracy, usefulness, safety, or appropriateness of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Funny or Offensive with respect thereto, and agree to indemnify and hold Funny or Offensive, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. Funny or Offensive permits you to link to materials on the Website for personal, non-commercial purposes only. Funny or Offensive reserves the right to discontinue any aspect of the Funny or Offensive Website at any time.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless Funny or Offensive, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Funny or Offensive Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Funny or Offensive Website.

 

  1. Capacity; Not Intended for Children

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Funny or Offensive Website is not directed toward nor intended for children under 13. If you are under 13 years of age, then please do not use the Funny or Offensive Website. 

 

  1. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Funny or Offensive without restriction. 

  1. General

You agree that: (i) the Funny or Offensive Website shall be deemed solely based in California; and (ii) the Funny or Offensive Website shall be deemed a passive website that does not give rise to personal jurisdiction over Funny or Offensive, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Funny or Offensive that arises in whole or in part from the Funny or Offensive Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California. These Terms of Use, together with the Privacy Policy at http://www.isitfunnyoroffensive.com/privacy and any other legal notices published by Funny or Offensive on the Website, shall constitute the entire agreement between you and Funny or Offensive concerning the Funny or Offensive Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Funny or Offensive’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Funny or Offensive reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Funny or Offensive Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND FUNNY OR OFFENSIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FUNNY OR OFFENSIVE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

APPENDIX A

User Submissions and Digital Millennium Copyright Act (“DMCA”)

  • The Funny or Offensive Website may now or in the future permit the submission of content, audio, video, cartoons, or other information submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or commenting on such User Submissions.
  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, or permissions to use and authorize Funny or Offensive, and its successors, licensees, and assigns (or any of the foregoing), to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, as between Funny or Offensive and you, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Funny or Offensive, you hereby grant Funny or Offensive a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Funny or Offensive Website and Funny or Offensive’s (and its successors’, licensees’, and assigns’) business, including without limitation for promoting and redistributing part or all of the Funny or Offensive Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Funny or Offensive Website a non-exclusive license to access your User Submissions through the Website, and to use, comment on, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.
  • In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including patent, trademark, privacy and publicity rights, unless you are the owner of such rights, have permission from their rightful owner or otherwise have the legal right to post the material and to grant Funny or Offensive all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Funny or Offensive or any third party; (iii) post advertisements or solicitations of business; or (v) impersonate another person.Funny or Offensive does not endorse any User Submissions, including comments, or any opinion, recommendation, or advice expressed therein, and Funny or Offensive expressly disclaims any and all liability in connection with User Submissions.
  • DMCA TAKEDOWN NOTICES: Given the volume and nature of User Submissions, Funny or Offensive cannot review each submission to ensure compliance with United States and global copyright laws. It is the policy of Funny or Offensive to respond to notices of alleged copyright infringement in compliance with the DMCA. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Funny or Offensive to locate the material;
  1. Information reasonably sufficient to permit the Funny or Offensive to contact you, such as an address, telephone number, and, if available, an electronic mail;
  2. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  3. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. The United States Copyright Office provides basic information, online, at http://www.loc.gov/copyright/circs/circ1.html, which can assist one in determining whether an exception or defense, such as fair use, may apply to the use of your copyrighted work.
  2. Funny or Offensive’s designated Copyright Agent to receive notifications of claimed infringement is: Norman Golightly, Funny or Offensive, 357 S. Fairfax Avenue, #413, Los Angeles, California, USA 90036, email: copyright@isitfunnyoroffensive.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Funny or Offensive customer service through support@isitfunnyoroffensive.com.
  3. You acknowledge that if you fail to comply with all of the takedown notice requirements of this Section, your DMCA notice may not be valid. Upon proper service of a takedown notification as contemplated hereunder and in accordance with the DMCA. PLEASE NOTE THAT, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE PENALTIES MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY FUNNY OR OFFENSIVE, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED BY A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
  • COUNTER-NOTIFICATION: RESTORATION OF MATERIAL. Funny or Offensive will immediately remove any infringing content. If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
    1. Your physical or electronic signature;
    2. Your name, address, and phone number;
  • Identification of the material and its location before it was removed;
  1. A statement under penalty of perjury that the material was removed by mistake or misidentification;
  2. Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
  3. Your consent to accept service of process from the party who submitted the takedown notice.
  • Funny or Offensive will terminate a User’s access to the Website if such User is determined to be a repeat violator of these Terms of Use. Funny or Offensive also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use. Funny or Offensive may remove such User Submissions and/or terminate a User’s access for material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.