- Your Acceptance
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AS DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND laughdaily WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2.1 The “Content” refers to the content on the laughdaily Services, including, but not limited to, the text, software, scripts, graphics, photos, mobile applications, sounds, music, pictures, interactive features and the like. The “Content” does not include User Engagement, which is defined below.
2.2 “User” means a visitor of the laughdaily Services, an laughdaily Services account holder or a user of the laughdaily Services.
2.3 “User Submissions” refer to content (e.g., images, photographs, graphics, audio and video files, text, files, information, sounds, musical works, works of authorship, applications, links, and other communications, content or materials, along with any text associated with the content) submitted, posted or displayed by Users.
2.4 “User Comments” refer to comments submitted, posted or displayed by Users.
2.5 “User Engagement” collectively refers to User Submissions and User Comments.
- The laughdaily Services
3.2 You agree that you are responsible for all data charges you incur through use of the laughdaily Services.
3.3 laughdaily prohibits crawling, scraping, caching or otherwise accessing any Content or User Engagement on the laughdaily Service via automated means, except as may be the result of standard search engine protocols or technologies used by a search engine with laughdaily’s express consent.
3.4 You are solely responsible for your interactions with other Users of the laughdaily Services, whether online or offline. You agree that laughdaily is not responsible or liable for the conduct of any User. laughdaily reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users.
3.5 There will be occasions when the laughdaily Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
3.6 laughdaily reserves the right to remove any Content and/or User Engagement from the laughdaily Services for any reason, without prior notice. Content and/or User Engagement removed from the laughdaily Services may continue to be stored by laughdaily, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. laughdaily is not a backup service and you agree that you will not rely on the laughdaily Services for the purposes of content backup or storage. laughdaily will not be liable to you for any modification, suspension, or discontinuation of the laughdaily Services, or the loss of any Content or User Engagement. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Engagement or other information may not be secure.
- Access to the laughdaily Services
4.2 In order to access some features of the laughdaily Services, you will have to create an account. You may never use another User’s account without permission, or solicit, collect or use the login credentials of other Users. When creating your account, you must provide accurate and complete information. You are responsible for keeping your password secure and you are solely responsible for the activity that occurs on your account. Although laughdaily will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of laughdaily or others due to such unauthorized use. If you become aware of any breach of security or unauthorized use of your password or of your account, you must notify laughdaily immediately at firstname.lastname@example.org
4.3 You agree you will not sell, transfer, license or assign your account, username, or any account rights. laughdaily prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.
4.4 You also agree that all information you provide or provided to laughdaily upon registration and at all other times will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy.
- Use of the laughdaily Services–Permissions and Restrictions on Your Use
5.1.2 You must not use the laughdaily Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of the laughdaily Services and your User Engagement, including, but not limited to, copyright laws and export laws.
5.1.3 You must not post abusive, obscene, threatening, harassing, defamatory, libellous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive User Engagement via the laughdaily Services, or User Engagement that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. You must not post spam. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities. You must not intentionally make false or misleading statements.
5.1.4 You must not post private, confidential or sensitive information, or information that is otherwise in breach of the law via the laughdaily Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non- public phone numbers or non-public email addresses. You must not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
5.1.5 You must keep all of your User Engagement relevant and “on topic” to the particular item of User Engagement open for comments or submissions.
5.1.6 You must not distribute in any medium any part of the laughdaily Services without prior written authorization from laughdaily. You agree not to circumvent, disable or otherwise interfere with security related features of the laughdaily Services or features that prevent or restrict use or copying of any Content and User Engagement or enforce limitations on use of the laughdaily Services and the Content and User Engagement therein.
5.1.7 You must not engage in any activity that interferes with or disrupts the laughdaily Services (or the servers and networks which are connected to the laughdaily Services), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any part of the laughdaily Services is rendered or displayed in a User’s browser or device.
5.1.8 You must not change, alter or modify any part of the laughdaily Services for any reason.
5.1.9 You agree not to use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” etc., that accesses the laughdaily Services in a manner that sends more request messages to laughdaily’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to access (or attempt to access) any of the laughdaily Services, including Content and User Engagement, by any means other than through the interfaces that are provided by laughdaily.
5.1.10 You agree not to use the laughdaily Services for any commercial purpose or use, either direct or indirect, without the prior written authorization of laughdaily. You may access User Engagement solely for your information and non-commercial, personal use or as otherwise intended through the normal functionality of the laughdaily Services. laughdaily permits you to link to materials on the laughdaily Services for personal, non-commercial purposes only. In addition, laughdaily provides an “Embeddable Player” feature, which you may incorporate into your own personal, non- commercial websites for use in accessing the materials on the laughdaily Services, provided that you include a prominent link back to laughdaily’s website on any pages containing the Embeddable Player.
5.1.11 You must not solicit, for commercial purposes, spam, or send harassing communications to any Users. Additionally, you must not collect or harvest any personal information from the laughdaily Services. You must not offer to sell or buy any product or service, and you must not post advertisements or solicitations of business.
5.1.14 laughdaily reserves the right to discontinue any aspect of the laughdaily Services, either specifically to you or generally, at any time.
- User Engagement
6.1 You shall be solely responsible for your own User Engagement and the consequences of posting or publishing User Engagement.
6.1.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Comments:
6.1.2 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your User Submissions–you affirm, represent, and/or warrant that:
220.127.116.11 For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to laughdaily Services, you hereby grant laughdaily a worldwide, non-exclusive, fully paid and royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, transmit and perform the User Submissions in connection with the laughdaily Services and laughdaily’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the laughdaily Services (and derivative works thereof) in any media formats and through any media channels.
18.104.22.168 The laughdaily Services may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, laughdaily does not guarantee any confidentiality with respect to any submissions
6.1.3 You additionally affirm, represent and warrant that the posting and use of your User Engagement on or through the laughdaily Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
6.1.4 You agree to pay for all royalties, fees, and any other monies owed by reason of your User Engagement that you post on or through the laughdaily Services.
6.4 You understand that when using the laughdaily Services, you will be exposed to User Engagement from a variety of sources. laughdaily is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Engagement. You understand and agree that laughdaily cannot and will not be responsible for the User Engagement posted on the laughdaily Services and you use the laughdaily Services at your own risk. You further understand and acknowledge that you may be exposed to User Engagement that are 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 laughdaily with respect thereto to the fullest extent permitted by law.
- Copyright Policy
7.1 Reporting Instances of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any User Engagement or other content infringes upon your copyrights, you may submit a notification pursuant by providing laughdaily’s Copyright Agent with the following information in writing:
7.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7.1.2 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;
7.1.3 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 the service provider to locate the material;
7.1.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
7.1.5 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
7.1.6 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.
7.2 Submitting a Counter-Notice
If you believe that your User Engagement that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Engagement, you may send a counter-notice containing the following information to laughdaily’s Copyright Agent:
7.2.1 Your physical or electronic signature;
7.2.2 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
7.2.3 The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled”; and
7.2.4 Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the USA, and a statement that you will accept service of process from the person who provided the original DMCA notification of the alleged infringement or an agent of such person.
If a counter-notice is received by laughdaily’s Copyright Agent, laughdaily may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed User Engagement or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User who provided the User Engagement, the removed User Engagement may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at laughdaily’s sole discretion.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT ALLOWED UNDER APPLICABLE LAW:
8.1 YOUR USE OF THE LAUGHDAILY SERVICES IS AT YOUR OWN RISK. THE LAUGHDAILY SERVICES, INCLUDING, WITHOUT LIMITATION, THE WEBSITES, CONTENT, USER ENGAGEMENT, ANY PRODUCTS OR SERVICES AVAILABLE ON THE LAUGHDAILY SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT THEREIN IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LAUGHDAILY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LAUGHDAILY AND ITS SUBSIDIARIES, AFFILIATES, “SISTER ENTITIES”, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, the ” LAUGHDAILY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS THAT: (i) THE LAUGHDAILY SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE LAUGHDAILY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE LAUGHDAILY SERVICES OR THE SERVER THAT MAKES THE LAUGHDAILY SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES; (iv) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE LAUGHDAILY SERVICES WILL BE ACCURATE OR RELIABLE; (v) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE LAUGHDAILY SERVICES WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
8.2 LAUGHDAILY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, USER ENGAGEMENT, OR PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LAUGHDAILY SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM THE FOREGOING. LAUGHDAILY 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.
8.3 THE LAUGHDAILY SERVICES ARE PROVIDED BY LAUGHDAILY FROM FACILITIES IN THE USA. LAUGHDAILY DOES NOT WARRANT THAT YOUR USE OF THE LAUGHDAILY SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND LAUGHDAILY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. BY ACCESSING OR USING THE LAUGHDAILY SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE LAUGHDAILY SERVICES.
- Limitation of Liability
9.2 EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.3 YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LAUGHDAILY ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE LAUGHDAILY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LAUGHDAILY PARTIES.
9.4 YOU SPECIFICALLY ACKNOWLEDGE THAT LAUGHDAILY SHALL NOT BE LIABLE FOR CONTENT 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.
9.5 BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9.6 LAUGHDAILY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- Governing Law and Arbitration
14.5 YOU AND LAUGHDAILY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LAUGHDAILY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.