- Your Acceptance
- 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.
- 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.
- Limitation of Liability
- 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.
- Capacity; Not Intended for Children
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.
- 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Information reasonably sufficient to permit the Funny or Offensive to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
- 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.
- 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: email@example.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 firstname.lastname@example.org.
- 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):
- Your physical or electronic signature;
- Your name, address, and phone number;
- Identification of the material and its location before it was removed;
- A statement under penalty of perjury that the material was removed by mistake or misidentification;
- 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
- Your consent to accept service of process from the party who submitted the takedown notice.