Welcome to the official Jokerz web site located at www.jokerz.com ("Site"), which is operated by Jokerz Media, LLC ("JM," "we," or "us").
This Agreement will remain in full force and effect, even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Agreement, please do not participate in the Site or any features, activities or services offered through the Site.
The Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations.
This Site is offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions ("U.S."). If you are not yet 18 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 18 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
These Terms were last revised on November 14, 2013.
1. USE OF SITE CONTENT
- Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics, or other material contained on this Site or in commercially produced information presented to you through the Site by JM or JM's third party licensors ("Content") is protected by copyright, trademarks, service marks, patents, or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by JM. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and JM and its third party licensors retain all of its and their respective right, title, and interest to the Site and Content.
- Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of JM. Requests for such permission should be made to firstname.lastname@example.org.
2. YOU MAY WITHOUT OUR PERMISSION:
- Stream, view, and print Content, but only if:
- the Content is used solely for personal, informational, or internal business purposes;
- the Content is not provided, sold, licensed, or leased (nor is access provided to the Content) for any fee or other consideration;
- all copyright, trademark, and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
- the Content is not modified or altered in any way; and
- no graphics are used separately from accompanying text.
- you do not frame the Site or any portion of the Site;
- you do not deep link into the Site unless you use the provided perma-links to ensure links are not broken;
- the link or hyper-link to the Site is not used in a way that suggests that JM endorses you or your web site;
- the link is identified using a plain text rendering of the Jokerz name and not any trademark or logo of JM or Jokerz Media;
- the link or hyper-link to the Site is not used or presented in any way that disparages JM or Jokerz Media or tarnishes, blurs, or dilutes the quality of its or their names or trademarks or any associated goodwill;
- the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
- you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
"Qualified Site" means a web site that displays no Objectionable content, is not owned or controlled by a competitor to JM and the content of which is not competitive to the Site.
"Objectionable" means as to any content, information in any medium or format, including without limitation text, data, graphics, audio, or video, that:
- is libelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized;
- a reasonable person would consider harassing, abusive, threatening, obscene, or excessively violent, or
- constitutes a breach of any person's privacy or publicity rights, hate speech, or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality, or moral rights; or
- violates or encourages other to violate any applicable law.
3. YOU MAY NOT UNDER ANY CIRCUMSTANCE:
- Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising, solicitations, and similar email solicitations are expressly prohibited);
- Delete, modify or attempt to change or alter any of the Content on the Site;
- Use any device, software, or routine that interferes with the proper functioning of the Site and its advertising partners or take any other action that interferes with other parties' use of the Site;
- Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
- Use any "robot", "spider," or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
- Use any JM or Jokerz Media names or trademarks as metatags or hidden text.
4. USE OF INTERACTIVE COMPONENTS OF SITE
The Site may contain end-user comments, and/or other interactive functions (collectively, "Site Forums").
The functionality of the Site may allow you to:
- provide content (including, without limitation, text or photographs, video, or other graphics), e-mail communications or other information that is to be posted on or through the Site (collectively, as provided by any user "Forum Information"); and
- view and respond to Forum Information provided by other users of the Site.
You acknowledge that:
- JM does not necessarily pre-screen end-user comments; JM does not endorse or adopt (and has not necessarily reviewed) any end-user comments nor assumes any responsibility for any material therein; and
- JM shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material (see note on Objectionable Material below).
If you believe that JM has acted mistakenly with respect to certain Forum Information or other content, you may contact us at email@example.com, in which case we may investigate the matter further. We reserve the right, however, to take no further action.
You agree not to post any end-user comments or Forum Information that is Objectionable (See note on Objectionable Material below). In the event that you post or make accessible communications or other materials that we determine in our sole discretion are Objectionable, JM shall terminate your access to the Site. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. If you believe that Forum Information remains on the Site that infringes your copyrights, you must follow the procedure set forth in Section 16 below.
Note on Objectionable Material:
JM understands that humor and what is considered humorous is a subjective judgment. What may be objectionable to one person may not be to another. Jokerz therefore takes a flexible approach to what may or may not be objectionable material and cautions users of the Jokerz website that not all material may be to their personal preference. Please keep this in mind as you browse through the content posted on the site and disregard that content which you find personally offensive. There is much here and we at JM are sure you will find plenty to tickle your funny bone.
- you authorize JM to do so;
- you yourself disclose your identity or other personal information about yourself in a Site Forum or as part of Forum Information posted to an area of the Site accessible to other users; or
- if JM is required to do so by law or in the good faith belief that such action is necessary to:
- conform with applicable laws or comply with legal process served on JM;
- protect and defend the rights or property of JM or another user; or
- enforce these Terms.
Certain product, service, or company designations for companies other than JM may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where JM is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
6. MODIFICATIONS TO TERMS
JM may change these Terms from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
7. TERMINATION OF SITE/MODIFICATIONS TO SITE
JM reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that JM will not be liable to you or any third party in the event that JM exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
8. PRIVACY; PASSWORDS
- the information about yourself is true, accurate, current, and complete as required by various LF registration forms ("Registration Information"); and
- you will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.
9. OTHER SITES, CONTENT, PRODUCTS, AND SERVICES
- the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by LF, or vice versa;
- third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or
- any loss or damage of any sort you may incur from dealing with any third party.
Jokerz Media, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com or myhabit.com.
10. MOBILE APPLICATIONS
If JM offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will JM or any JM Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless device, telephone number, or email address) using any Mobile Application Services.
11. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, JM, JM’s Affiliates' or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
Please note that we cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. JM MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT:
- THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
- THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE, OR APPLICABLE TO YOUR CIRCUMSTANCES;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
JM may provide you with access via the Site to end-user submitted comedy content and/or to Forum Information provided by other users of the Site. We do not control the content or subject matter of the performances or Forum Information that are made available through our Site. You may find the performances or Forum Information to be offensive, harmful, inaccurate, or deceptive. Any opinion, idea, or view expressed within the performances or Forum Information is the responsibility of the applicable author and JM does not endorse any such opinion, idea, or view. By using this Site, you agree to accept such risks and JM is not responsible for the content or subject matter of the user submitted content or comments.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL JM OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION, IN CONTRACT, OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SUCH PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES.
You agree to indemnify, defend, and hold harmless JM, its affiliates, shareholders, directors, officers, employees, contractors, and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, arising out of, or in any way connected with
- your use of or access to the Site or the Content or your linking to or emailing the Site,
- the violation of these Terms by you,
- the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity, or
- your submission of any material to JM or the Site or from any person's use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
In the event that you have a dispute with one or more users, you release JM (and our officers, directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16. DISPUTE RESOLUTION
Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators in the State of Georgia in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent to the non-exclusive jurisdiction of the State and Federal Courts located within Georgia for any action:
- to compel arbitration,
- to enforce the award of the arbitrators, or
- at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and
- to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.
17. USER DISPUTES
You are solely responsible for your interactions with other users. JM reserves the right, but has no obligation to monitor communications and any disputes between you and other users.
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. JM's failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Georgia without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows: Jokerz Media, LLC - Attn: Copyright Infringement, 888 3rd Street NW, Atlanta, GA 30305
- You may also begin the process via our Copyright Contact Form.
20. U.S. EXPORT CONTROLS
The Software is further subject to United States export controls and economic sanction requirements. No Software may be downloaded from the Services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- that you have read and understood these Terms; and
- that these Terms have the same force and effect as a signed agreement.
22. CONTACT INFORMATION