Content Submission Agreement
This User Content Submission Agreement was last modified on November 17, 2010
and is effective immediately.
USER CONTENT SUBMISSION AGREEMENT
Please read this User Content Submission Agreement carefully because it is a
part of the Terms of Use Agreement and represents your legally binding agreement
with us (“Agreement”) regarding your submission (and our display and
distribution) of content to the Site via certain technology, functionality
and/or features we make available to you so you can upload and post such content
for display via the Site (collectively, the “User Content Submission Features”).
Unless defined separately, terms used in this Agreement are defined in our Terms
of Use Agreement.
When you submit User Content, or by using or attempting to use the User Content
Submission Features, you are signifying your agreement with and acceptance of
all terms and conditions of this Agreement as well as the terms and conditions
contained in the Terms of Use Agreement that govern your legal and contractual
relationship with ZZJoke.com.
We reserve the right to revise this User Content Submission Agreement at any
time by updating this posting without advance notice to you. Such revisions
shall be effective to you immediately upon posting. Notice of material changes
to either document will be posted on the Site’s homepage and/or will be provided
by e-mailing you or notifying you upon login about these changes; the form of
such notice is at our discretion. However, we encourage you to check this User
Content Submission Agreement often for updates.
IMPORTANT NOTE: You must meet the Age Requirements in Section 2 of this
Agreement and each and every time you submit or attempt to submit User Content,
among other things, you will be asked to confirm your compliance.
1. Submitting User Content.
The term “User Content” means and refers to any and all content, media and
materials you submit for posting on the Site using the User Content Submission
Features, including, without limitation, still photographs, writings, spoken
statements, music, audio, video, video recordings, audio-visual works and
recordings, slides, portraits, animated and/or motion pictures, caricatures,
likenesses, vocal or other sounds, sound recordings, voices, voice
reproductions, computer graphics and visual effects, as well as any accompanying
documentation, packaging or other materials, tangible or intangible, and to all
derivative works, translations, adaptations or variations of same, regardless of
the tangible medium, broadcast medium, format or form, now known or hereinafter
developed or discovered, and regardless of where produced, on location, in a
studio or elsewhere, in black-and-white or in colors, alone or in conjunction
with other work, characters, real or imaginary, in any part of the world. User
Content is also considered a “Posting”, as such term defined in the Terms of Use
Agreement, and therefore, all terms and conditions contained within the section
of the Terms of Use Agreement entitled “Postings” shall apply to all User
Content you submit for posting to the Site.
Each time you upload or submit User Content (or if you attempt to do so) you
will be confirming your acceptance of, and agreement to be bound by, all the
terms and conditions of this Agreement. Instructions for uploading User Content
can be found on the Site’s web page for the upload of User Content. To be
considered for posting and display to the public, User Content must meet all the
specifications and requirements relating to formatting, compatibility, operating
characteristics and submission which can also be found on the Site’s web page
for the upload of User Content. In order to submit User Content, you will also
need to meet our Age Requirements (see Section 2 below).
When you submit User Content you may also be asked to provide some information
about you and your submission. This may include, without limitation, such things
as a descriptive title, some information about the User Content, length, your
location and/or similar information. By submitting User Content, you are also
agreeing and you understand that the term “User Content” also includes, without
limitation, and refers to all of the information you submit or we may receive
that is related to your submission. Always keep a copy of anything you send
because we shall not be responsible for lost, damaged, misdirected, unusable or
unreadable User Content. Proof that you submitted User Content does not
constitute proof that we received anything.
2. Age Requirements.
By submitting User Content pursuant to the terms and conditions of this
Agreement you are certifying that you satisfy the age eligibility and
requirements set forth in the Terms of Use Agreement.
3. User Content Standards; Unauthorized Content.
You are solely responsible and liable for your communications and submissions
(and the consequences) made under your name, user name, email address, password
and your registration and profile information, if any. User Content does not
reflect the views of ZZJoke.com and neither ZZJoke.com, nor any of the Parent
Companies or the Affiliates represent or guarantee the truthfulness, accuracy,
or reliability of any User Content, nor endorses or supports any opinions
expressed in any User Content, and except for any attempts we may make to
prevent Unauthorized Content (defined below) from being displayed. In no event
shall ZZJoke.com the Parent Companies or the Affiliates have or be construed to
have any responsibility or liability for or in connection with any User Content.
If we determine, in our sole discretion, you have not met the Age Requirement
(see Section 2 above) or our Content Requirements or if, in our judgment, you or
any content you submit violates this Agreement, we reserve the right, at any
time, without notice and without limiting any and all other rights we may have
under this Agreement, at law or in equity, to (a) refuse to allow you to submit
further User Content, (b) remove and delete your User Content, (c) revoke your
registration and right to use the User Content Submission Features and (d) use
any technological, legal, operational or other means available to enforce the
terms of this Agreement, including, without limitation, blocking specific IP
addresses or deactivating your registration, access using your e-mail address,
your user name and password.
We make no claim the User Content Submission Features or any User Content are
appropriate for any particular purpose or audience, or that any video, software
or our User Content Submission Features may be accessed, used or downloaded
outside of the United States, which may not be legal for certain persons or in
certain countries and you do so at your own risk. You are responsible for
compliance with the laws of your jurisdiction. The United States controls the
export of products and information and you agree to comply with such
restrictions and not to export or re-export any videos, information, software,
materials, products or services to countries or persons prohibited under the
export control laws and regulations.
You agree you will not submit or attempt to submit, and we have the right to
reject, refuse to accept, remove or otherwise handle as ZZJoke.com deems
appropriate, any “Unauthorized Content” which is defined as any User Content
that is or could be construed as violating any of the terms and conditions of
this Agreement, and/or any of the terms and conditions set forth in our Terms of
Use Agreement [Insert link], including, without limitation:
• infringing on a third party’s copyright or other intellectual property
rights;
• causing harm, harassing anyone or which may prevent, prohibit, inhibit,
restrict or otherwise impair others from using or enjoying our Site;
• unauthorized access to the User Content Submission Features or information of
other users;
• the modification, impairment, disruption, alteration or interference with the
use, features, functions, operation or maintenance of the User Content
Submission Features; or
• any requirements, rules, terms or conditions that may be applicable to the
User Content Submission Features.
Neither ZZJoke.com nor the Parent Companies or the Affiliates control any User
Content submitted although we may use both automated and manual means of
reviewing User Content in order to prevent Unauthorized Content from appearing
and being displayed on our Site. ZZJoke.com reserves the right to review any
submitted User Content and to delete, remove, move, edit or reject, without
notice to you, any User Content that we deem, in our sole discretion, abusive,
defamatory, obscene, pornographic, in violation of copyright, trademark or other
intellectual property rights, to be in violation of this Agreement or to be
unacceptable to ZZJoke.com or the Parent Companies or Affiliates, for any reason
or for no reason whatsoever; provided, however, that ZZJoke.com shall have no
obligation or liability to you for failure to do so or for doing so in any
particular manner. If ZZJoke.com receives notice of any claim of infringement
that satisfies specific legal requirements, such as notice and takedown
requirements under U.S. copyright law (See Section 4 below), we may remove User
Content associated with such claim. ZZJoke.com reserves the right to provide
information to law enforcement officials, governmental agencies and pursuant to
judicial or regulatory compulsion, to protect their respective interests, the
Service or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright Infringement.
If you believe any User Content violates the copyright of any other party, you
can notify us by complying with the procedures set forth in our Copyright
Compliance Policy.
5. Rights Granted to ZZJoke.com.
In connection with all User Content you submit using the User Content Submission
Features, you grant to ZZJoke.com, the Parent Companies and the Affiliates, the
unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable,
perpetual and royalty free right, license, authorization and permission, in any
form or format, on or through any media or medium and with any technology or
devices now known or hereafter developed or discovered, in whole or in part, to
host, cache, store, maintain, use, reproduce, distribute, display, exhibit,
perform, publish, broadcast, transmit, modify, prepare derivative works of,
adapt, reformat, translate, and otherwise exploit all or any portion of your
User Content on the Site and any other channels, services, and other
distribution platforms, whether currently existing or existing or developed in
the future, of ZZJoke.com, the Parent Companies and the Affiliates
(collectively, the “Platforms”), for any purpose whatsoever (including, without
limitation, for any promotional purposes) without accounting, notification,
credit or other obligation to you, and the right to license and sub-license and
authorize others to exercise any of the rights granted hereunder to ZZJoke.com,
the Parent Companies and Affiliates , in our sole discretion. For the avoidance
of doubt, without limiting the generality of the rights granted to ZZJoke.com,
the Parent Companies and the Affiliates, these rights include, without
limitation, the right to create derivative works of, distribute and synchronize
all or any portion of your User Content in timed relation to any other visual
elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port,
syndicate, route, and link to and from all or any portion of your User Content;
to encrypt, encode and decode, and compress and decompress all or any portion of
your User Content; to edit, mix, combine, merge, distort, superimpose, create or
add special effects, illusions and/or other material to or of all or any portion
of your User Content; to create composite, stunt, comic or unusual photographs,
videos, animations, motion pictures and/or voice reproductions from all or a
portion of your User Content; and to excerpt and/or extract portions of your
User Content in order to host, store, index, categorize and display your User
Content on or through the Platforms.
By submitting User Content, in addition to the rights, licenses and privileges
referred to above, you are also granting ZZJoke.com, the Parent Companies and
the Affiliates, the unqualified, unrestricted, unconditional, unlimited,
worldwide, irrevocable, perpetual and royalty free right, license, authorization
and permission to use and refer to your name, logo, marks, image, characteristic
or other distinctive identification in presentations, marketing materials,
customer lists and financial reports, to do, perform, take advantage of and
exploit any and all of the rights set forth herein in connection with the
marketing, advertising and promotion of the Platforms, and any products, goods,
features, functions, capabilities and/or services associated with ZZJoke.com,
the Parent Companies and Affiliates and to use and otherwise exploit any ideas,
concepts, content, material, expression or form of expression, in whole or in
part, contained in your User Content, for any purpose whatsoever, without any
credit, compensation or accounting to you, in products or services developed by
ZZJoke.com, the Parent Companies and the Affiliates, without limitation or
restriction whatsoever.
The rights, licenses and privileges described in this Agreement and granted to
ZZJoke.com, the Parent Companies and the Affiliates, shall commence immediately
upon submission of you User Content to or through the User Content Submission
Features and continue thereafter perpetually and indefinitely, regardless of
whether you continue or remain a registered user or not, unless and until
terminated, in whole or in part, by ZZJoke.com on notice to you. Notwithstanding
the foregoing, you acknowledge and agree that neither ZZJoke.com nor the Parent
Companies or the Affiliates, shall be required or have any obligation to host,
index, display, accept or use any submitted User Content (or take advantage of
any or all of the particular rights and authorities granted or otherwise
available) and ZZJoke.com may, in its sole discretion, remove or refuse to host,
index, display, accept, use or do anything at all with respect to any User
Content. Once you submit or attempt to submit User Content you shall have no
right to prohibit, restrict, revoke or terminate any of the rights granted to
ZZJoke.com or the Parent Companies or the Affiliates. You are not entitled to
and you will not receive any compensation or other consideration for your User
Content or any use made of your User Content, once submitted. You also
understand and agree that neither all or any portion of your User Content, nor
any commercial, advertisement, promotional, marketing or other material
associated with your User Content, need to be submitted for approval prior to
use.
You hereby release ZZJoke.com and the Parent Companies and the Affiliates from
any and all claims of any rights, encumbrances, liens, claims, demands, actions
or suits which you may or can have in connection with your User Content,
including, without limitation, any and all liability for any use or nonuse of
your User Content, claims for defamation, libel, slander, invasion of privacy,
right of publicity, emotional distress or economic loss. ZZJoke.com, and the
Parent Companies and the Affiliates, have the right to assign, transfer, convey,
license, sub-license and otherwise transfer, sub-contract, delegate, outsource
or engage third parties to perform or benefit from all or any portion of its or
their rights and/or obligations to any one or more other parties, without
accounting, reporting, notification or other obligation or liability to you
whatsoever, now or in the future. You also forever waive and relinquish all
moral rights or droit moral now or hereafter recognized in connection with your
User Content and the rights granted to ZZJoke.com and the Parent Companies and
the Affiliates hereunder.
ZZJoke.com has the right to license, authorize and/or otherwise enter into
agreements and arrangements with any Parent Companies or the Affiliates to do or
perform any of the activities, exercise any of the rights and/or undertake any
of the responsibilities granted or imposed under this Agreement, in whole or in
part. To the extent ZZJoke.com does so, when you submit User Content each such
Parent Company and Affiliate shall be entitled to exercise and benefit from the
terms and conditions, rights, licenses and authorizations granted to ZZJoke.com
hereunder and related thereto as if you had entered into this Agreement with
such Parent Company or Affiliate directly.
6. Ownership.
ZZJoke.com retains all right, title and interest in and to the User Content
Submission Features, including, without limitation, to all associated
intellectual property and proprietary rights existing anywhere in the world and
you acquire no ownership, proprietary or other rights, title or interest in or
to the Service.
Except for the licenses, authorizations, consents and rights granted hereunder
and described in this Agreement, as comprehensive and broad as they may seem or
actually be, ZZJoke.com acquires no title or ownership rights in or to any User
Content you submit and nothing in this Agreement conveys to us any ownership
rights in your User Content. ZZJoke.com is acting only as a host, bulletin board
or conduit for submitted User Content, with all of the specific rights granted
by you hereunder. Although by your submission of any User Content you are
requesting and directing us and any of the Parent Companies or the Affiliates
with whom we have made arrangements, to take advantage of and exploit all of the
rights and privileges granted hereunder (including, without limitation, the
right to display and post the User Content on the Platforms), neither we, nor
any of the Parent Companies or the Affiliates have any obligation to do any of
these things.
You must own the rights to the User Content you submit and the right to grant
all of the authorizations, permissions, approvals, consents, rights and licenses
as described in this Agreement. If you do not exclusively own all of these
rights, you must have all necessary authorizations, permissions, approvals,
consents, rights and licenses from the owner(s) to enter into this Agreement and
perform and comply with all of its obligations. You represent, warrant and
covenant to ZZJoke.com and, by submitting User Content, you reaffirm each such
representation, warranty and covenant, that (a) you are not a minor and you have
the legal right and capability to enter into this Agreement and perform and
comply with all of its terms and condition or, if you are a teenager, your
parent or legal guardian has agreed to this Agreement on your behalf, (b) all of
the information provided by you associated with your User Content is correct,
complete and current, (c) your submission of any User Content does not violate
this Agreement, any rights of any other party, any of your obligations, any law
or regulation or infringes upon or misappropriates any intellectual property,
privacy, publicity or other rights of any party, (d) you make in the Terms of
Use Agreement [Insert link], including, without limitation, those relating to
Postings and (e) you hold and will continue to hold all the ownership, license,
proprietary and other rights necessary to enter into, authorize, grant rights
and perform your obligations under this Agreement as described. Upon the request
of ZZJoke.com, you will furnish ZZJoke.com any documentation, substantiation and
releases necessary and reasonably required to verify and substantiate your
compliance with any or all of the terms and conditions of this Agreement,
including, without limitation, the foregoing representations, warranties and
covenants. You represent and warrant that the submission of your User Content is
not subject to or under the jurisdiction of any guild or union collective
bargaining agreement, and you further acknowledge that ZZJoke.com is not
signatory to any such agreement. Notwithstanding anything to the contrary, you
also understand and agree that ZZJoke.com shall not be obligated or responsible
for providing any guild or residual payments in connection with the submission
and exploitation of the ZZJoke.com.
You acknowledge that other persons may have submitted User Content to us, may
have made public or developed, or may originate, submit, make public or develop,
material similar or identical to all or a portion of your User Content or
concepts contained therein, and you understand and agree you will not be
entitled to any compensation because of the use or exploitation thereof and the
submission of User Content, or any posting or display thereof, is not any
admission of novelty, priority or originality. Even if you subsequently see or
learn of a presentation, motion picture, still photograph, film, video or any
other content which appears to incorporate any idea or concept or include
anything similar or identical to that contained in any User Content you or
anyone else submits, that is purely coincidental and unavoidable.
7. Financial Consideration.
ZZJoke.com reserves the sole and exclusive right to sell advertising and
otherwise exploit, benefit from and/or realize revenue from the conduct of its
business and operating the Site, the User Content Submission Features or other
Platforms and any and all arrangements made with respect thereto, without
accounting, obligation or liability to you, notwithstanding that your content
may be displayed on or otherwise used by or in connection with the Site, the
User Content Submission Features or other Platforms.
8. Indemnification.
Your indemnification obligations under the Terms of Use Agreement include,
without limitation, any third party claims arising from, related to or caused by
your User Content, the submission of User Content and/or in any way associated
with this Agreement and/or the Site.
9. Disclaimers and Limitation of Liability.
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED “AS IS” WITH NO WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND
OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION
FEATURES. ZZJOKE.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY,
ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR USER CONTENT SUBMISSION
FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE,
CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR
SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL FUNCTION OR PERFORM IN ANY
PARTICULAR MANNER. THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED
ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE USER CONTENT
SUBMISSION FEATURES THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION.
ZZJOKE.COM DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR
THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY
TO YOU IN ANY JURISDICTION OR COUNTRY. ZZJOKE.COM EXPRESSLY DISCLAIMS ALL
LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL,
INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER
FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR
CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
10. General.
The Terms of Use Agreement, incorporating this Agreement, is the entire
agreement between you and us relating to User Content and your use of the User
Content Submission Features and supersedes any prior or inconsistent agreements.
ZZJoke.com may terminate this Agreement with you and your right to use the User
Content Submission Features at any time without notice to you.
This User Content Submission Agreement was last modified on November 17, 2010 and
is effective immediately.