Last revised on July 29, 2010
The use of Lots of Jokes is void where prohibited. Lots of Jokes is intended solely for Users authorized by Company.
REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of Lots of Jokes, you agree to (a) provide accurate, current and complete information about you or your business as may be prompted by any registration forms on Lots of Jokes ("Registration Data"); (b) maintain the security of any password and identification, including, but not limited to, not providing, allowing, or making available to third-parties with or without your authorization your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account whether by your own actions or actions of others using your password and identification.
CONSENT AND AUTHORIZATION
Company may terminate your access to Lots of Jokes at any time, with or without cause. You agree that you will have no cause of action against Company in the event of such termination and waive and release any claim you may have against Company because of such termination.
Lots of Jokes and other Company graphics, logos, Lots of Jokes designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. All other trademarks are owned by the respective owners.
The Digital Millennium Copyright Act of 1998 and as amended (the "DMCA") provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.
The Company takes allegations of copyright infringement very seriously. If you believe in good faith that any material on Lots of Jokes infringes your copyright, you may submit a written notification of claimed infringement to our designated agent:
NOTE: No other notices or communications should be sent to the designated agent, who is appointed solely for the purpose of receiving notices of copyright claims under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
Please be aware that there are substantial penalties for false claims.
Submitting a counter notification
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to the service provider's designated agent. A valid counter notification is a written communication that incorporates the following elements:
This information should not be construed as legal advice. We advise that you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the Web site of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp
The Company is not responsible or liable in any manner for your use of any Lots of Jokes or any services offered by a third party. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Lots of Jokes you may use. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at Lots of Jokes or combination thereof, including injury or damage to your computer related to or resulting from your use of Lots of Jokes.
LOTS OF JOKES CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF LOTS OF JOKES AND/OR THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON LOTS OF JOKES ARE ACCURATE, COMPLETE, AND RELIABLE.
Company reserves the right to change any and all content contained in Lots of Jokes offered through Lots of Jokes at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by or with Company.
LIMITATION ON LIABILITY
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF LOTS OF JOKES OR THE SERVICE OR ANY OF LOTS OF JOKES CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH LOTS OF JOKES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST THREE MONTHS PRECEEDING ANY CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICES OR ACCESS TO THE COSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. YOU AGREE THAT THIS LIMIATION OF LIABILITY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION RELATED TO OR REGARDING ANY SERVICE PROVIDED TO YOU BY COMPANY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend and indemnify Company, and its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this Agreement or the documents referenced herein; (b) your violation of any law or the rights of a third party, including any rights claimed by a third party to any materials you post or otherwise make available on Lots of Jokes; or (c) your use of Lots of Jokes.
GOVERNING LAW; VENUE AND JURISDICTION
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
COMPLIANCE WITH LAW
As a condition of your use of the Service or access to Lots of Jokes you will comply with all applicable laws, rules and regulations in your use of the Service or access to Lots of Jokes including but not limited to any laws related to proprietary rights, pornography or any other criminal laws. If Company is notified of or has any reason to suspect that you are violating any applicable law, rule or regulation, Company may investigate the allegation and determine in its sole discretion whether to notify the proper authorities and/or terminate your access to the Service. Company may disclose any of your electronic communications of any kind to satisfy any law, regulation, or government request; or if such disclosure is necessary to protect the rights or property of Company or any a third party.
Company will not be responsible for failure to provide, or for delay in providing Lots of Jokes or access to Lots of Jokes when such failure or delay is caused by conditions beyond its control, including but not limited to labor disturbance and strike, rebellion, terrorist action, riot, civil commotion, war or uprising, nuclear accidents, natural disasters, acts of God, or where rendering Service or access to Lots of Jokes is prohibited by local law or regulations.