Terms of Use
This Terms of Use Agreement was last modified on November 17, 2010
and is effective immediately.
ZZJOKE.COM TERMS OF USE AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND
RESPONSIBILITIES
This is the official Terms of Use Agreement ("Agreement") for ZZJoke.com
("Site," "we," "us," or "our"), an Internet website offered in cooperation or
connection with the ZZJoke.com Site or service ("ZZJoke.com service"]). The
ZZJoke.com service and the Site (together, "ZZJoke.com”) are provided by
ZZJoke.com. This Agreement governs only the content, features, and activities
related to this Site and does not cover websites for any other Parent Companies
and any subsidiaries and affiliates of ZZJoke.com and the Parent Companies
(collectively, “Affiliates”), or any other company, unless specifically stated.
This Site is offered and made available only to users 18 years of age or older.
If you are not yet 18 years old, 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 and meet any other eligibility requirements of the Site.
These terms and conditions regarding your use of the Site constitute a legally
binding agreement between you and the Site and the Parent Companies. In this
Agreement, the term "Site" includes all websites and web pages within the Site
as well as any equivalent, mirror, replacement, substitute or backup websites
and web pages that are associated with the Site. By using this Site, you
understand, acknowledge and agree that you will abide by the terms of this
Agreement and any additional terms that govern certain products and services,
which will be presented in conjunction with those products and services
("Additional Terms"), including the User Content Submission Agreement which
governs your submission of User Content as such term is defined therein. The
Site may also provide rules of participation ("Rules") for certain activities
and services including, but not without limitation, contests and sweepstakes,
award programs, membership clubs, email, and dating services. The Site's
Additional Terms, Privacy Policy and the Rules are hereby incorporated in this
Agreement by reference. To the extent that there is a conflict between this
Agreement and Additional Terms for the activity in which you choose to
participate, the Additional Terms shall govern. To the extent that there is a
conflict between this Agreement and the specific Rules for the activity in which
you choose to participate, this Agreement shall govern. This Agreement will
remain in full force and effect as long as you are a user of the Site and in the
event of termination of any membership, service or feature, you will still be
bound by your obligations under this Agreement, the Privacy Policy, any
Additional Terms or Rules, including any indemnifications, warranties and
limitations of liability.
The words "use" or "using" in this Agreement, means any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or device,
does or attempts to access, interact with use, display, view, print or copy from
the Site, transmit, receive or exchange data or communicate with the Site, or in
any way utilizes, benefits, takes advantage of or interacts with any function,
service or feature of the Site, for any purpose whatsoever. This Agreement does
not cover your rights or responsibilities with respect to third party content or
sites or any links that may direct your browser or your connection to third
party sites or pages. This is the entire and exclusive Agreement between you and
us regarding use of the Site and it cannot be modified, except as specifically
described below in Section 2.
1. REGISTRATION
We may require each user to have a unique user name and password combination in
order to access and use certain features or functions of the Site and may also,
from time to time, provide users with additional codes or passwords necessary to
access and use certain features or functions of the Site. Please read our
Privacy Policy, which describes the personally identifiable information
("Personal Information") we collect, use, disclose, manage and store. As part of
the registration process for the feature or function, you will choose a user
name and password (or we may assign an initial password which we will give you
the option to change). Your user name and password are personal to you and you
may not allow any others to use your user name or password under any
circumstances. We are not liable for any harm caused or related to the theft or
misappropriation of your user name or password, disclosure of your user name or
password, or your authorization of anyone else to use your user name or
password. You agree to immediately notify us if you become aware of or believe
there is or may have been any unauthorized use of (or activity using) your user
name or password or any other need to deactivate your user name or password due
to security concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our
sole discretion, to change the terms of this Agreement. We will post or display
notices of material changes on the Site and we may also e-mail you about these
changes. Once we post them on the Site, these changes become effective
immediately and if you use the Site after they become effective it will signify
your agreement to be bound by the changes. You should check back frequently and
review the terms and conditions of this Agreement regularly so you are aware of
the most current rights and obligations that apply to you and the terms and
conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images,
photographs, illustrations, audio and video material, artwork, graphic material,
databases, proprietary information and all copyrightable or otherwise legally
protectable elements of the Site, including, without limitation, the selection,
sequence and 'look and feel' and arrangement of items, and all trademarks,
service marks and trade names (individually and/or collectively, "Material"),
are the property of the Parent Companies, and their Affiliates, and any of their
successors and assigns, and any of their respective licensors, Advertisers (as
defined below), suppliers, and operational service providers and are legally
protected, without limitation, under U.S. Federal and State, as well as
applicable foreign laws, regulations and treaties. Unless the context clearly
requires otherwise or we explicitly say so in writing, the term "Site" includes
"Material" as well. The Site is to be used solely for your noncommercial,
non-exclusive, non-assignable, non-transferable and limited personal use and for
no other purposes. You must not alter, delete or conceal any copyright or other
notices contained on the Site, including notices on any Material you download,
transmit, display, print or reproduce from the Site. You shall not, nor will you
allow any third party (whether or not for your benefit) to reproduce, modify,
create derivative works from, display, perform, publish, distribute,
disseminate, broadcast or circulate to any third party (including, without
limitation, on or via a third party website), or otherwise use, any Material
without the express prior written consent of ZZJoke.com or its owner if
ZZJoke.com is not the owner. Any unauthorized or prohibited use of any Material
may subject you to civil liability, criminal prosecution, or both, under
applicable federal, state and local laws. We require users to respect our
copyrights, trademarks, and other intellectual property rights. We likewise
respect the intellectual property of others. On notice, we will act
expeditiously to remove content on the Site that infringes the copyright rights
of others and will disable the access to the Site and its services of anyone who
uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We
therefore employ multiple measures to prevent copyright infringement over this
Site and to promptly end any infringement that might occur. If you believe that
the Site contains elements that infringe your copyrights in your work, please
follow the procedures set forth in our Copyright Compliance Policy.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be
re-directed to, interact with, or participate in or use the services or obtain
goods and services of or from, third parties (collectively, the "Advertisers")
such as our advertisers, sponsors, or promotional partners as a result of your
use of the Site. All such communication, interaction and participation is
strictly and solely between you and such Advertisers and we shall not be
responsible or liable to you in any way in connection with these activities or
transactions (including, without limitation, any representations, warranties,
covenants, contracts or other terms or conditions that may exist between you and
the Advertiser or any goods or services you may purchase or obtain from any
Advertiser).
5. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws
and regulations and, in some cases, international treaties. You are solely
responsible for all activities, acts and omissions that occur in, from, through
or under your user name or password. You shall not use, allow, or enable others
to use the Site, or knowingly condone use of this Site by others, in any manner
that is, attempts to, or is likely to:
- be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. E-COMMERCE SERVICES
ZZJoke.com offers certain e-commerce services including the ability to purchase
goods and services via the ZZJoke.com Shop (the "E-Commerce Service").
Additional terms apply to your use and access of the E-Commerce Service and the
terms are Additional Terms and incorporated herein by reference.
The E-Commerce Service utilizes third party operational service providers. All
purchases made through these third party operational service providers are
subject to their respective terms and conditions of use. Additional information
regarding the ZZJoke.com Shop's third party service providers can be found here.
ZZJoke.com is not responsible and has no liability whatsoever for goods or
services you obtain through our third party service providers or other web sites
or web pages. We encourage you to make whatever investigation you feel necessary
or appropriate before proceeding with any online transaction with any of these
third parties. ZZJoke.com does not make any representations or warranties as to
the security of any information (including, without limitation, credit card and
other personal information) you might be requested to give any such third party,
and you irrevocably waive any claim against us with respect to such sites. We
are not responsible for assisting you in correcting any problem you may
experience with goods and services purchased through a third party service
provider, even if the goods or services were shown on a ZZJoke.com web page. We
cannot ensure that you will be satisfied with any products or services that you
purchase from any third-party operational service provider as those are owned
and operated by independent entities. Customer service issues related to goods
or services should be directed to the relevant third party operational service
provider. Please visit the ZZJoke.com Shop Account page for more information.
ZZJoke.com does not guarantee that product descriptions or other content will be
accurate, complete, reliable, current, or error-free. Descriptions and images
of, and references to, products on the Site do not imply our or any of our
affiliates' endorsement of such products. ZZJoke.com and its third party
operational service providers reserve the right, with or without prior notice,
to change product descriptions, images, and references; to limit the available
quantity of any product; to honor, or impose conditions on the honoring of, any
coupon, coupon code, promotional code or other similar promotions; to bar any
user from conducting any or all transaction(s); and/or to refuse to provide any
user with any product. Price and availability of any product are subject to
change without notice.
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
The ZZJoke.com Site may provide users and viewers with the opportunity to
register for special promotions, services, news, programming and information
delivered via text messaging and other wireless devices such as mobile phones.
Users are required to provide their consent to receive such information from the
ZZJoke.com Site, either by registering on this Site or via their wireless
device. Such services and promotional opportunities are provided by the Site,
Parent Companies or Affiliates for ZZJoke.com. The information requested as part
of the online registration process is a user's telephone number or a wireless
email address, but only if specifically requested, and the carrier's name.
Optional information may be requested for specific promotions, such as a user's
preferences regarding goods or services, choices of preferences, or other
similar survey information. Depending on the promotion, we may also collect an
Internet email address or other information and, depending on the information
collected, the user may also be required to confirm his or her agreement to the
Site's Agreement, including, without limitation, its Privacy Policy and Terms of
Use Agreement.
Users that register for the ZZJoke.com Site's wireless marketing services
acknowledge, understand and agree that they will be charged by the user's
wireless carrier for all messages sent to the user from the ZZJoke.com Site.
Standard messaging rates will apply, unless noted otherwise. Under no
circumstances will the ZZJoke.com, the Parent Companies or any Affiliates be
responsible for any wireless email or text messaging charges incurred by a user
or by a person that has access to a user's wireless device, telephone number, or
email address.
A user understands, acknowledges and agrees that the ZZJoke.com may, at its sole
discretion and without liability to any user, terminate its offer of any
specific wireless marketing service or all wireless marketing services at any
time without advance notice. The ZZJoke.com may provide notice of terminations
or changes in services on this Site.
8. VIRAL FEATURES
There may be portions of our Site, content, functionality or features (e.g,
digital streaming media player(s)) ("Viral Features") that we make available to
users for your personal use. While we can obviously change how, to whom and to
what extent we make these Viral Features available at any time without any
notice and in our sole discretion, so long as they are available to you,
whenever you visit our Site or take advantage of any of these Viral Features
(whether you use these Viral Features on your own personal or customized web
pages, whether they are displayed or appear embedded or housed within a web page
or website of anyone else, whether a commercial website or web page, an
advertisement, promotional message or even a personalized or customized web page
of a friend or through any device that can access any of these Viral Features)
you are bound by the applicable provisions of this Agreement and our Privacy
Policy.
9. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, ZZJoke.com, the Parent Companies, the Affiliates or the
Site's operational service providers, suppliers, and Advertisers, may conduct
promotions on or through the Site, including, without limitation, auctions,
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.
10. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or
included anywhere on the Site or any other form of link or re-direction of your
connection to, with or through the Site, does not constitute an endorsement by,
nor does it incur any obligation, responsibility or liability on the part of the
Site, ZZJoke.com, the Parent Companies or any of their Affiliates, any of their
successors and assigns, and any of their respective officers, directors,
employees, agents, representatives, licensors, Advertisers, suppliers, and
operational service providers. We do not verify, endorse, or have any
responsibility for, any such third party sites, their business practices
(including their privacy policies), or any goods or services associated with or
obtained in connection with any such site, whether the Site's, ZZJoke.com's, the
Parent Companies’ or any of their Affiliates’ logo or sponsorship identification
is on the third party site as part of a co-branding or promotional arrangement.
If any third party site obtains or collects Personal Information from you, in no
event shall we assume or have any responsibility or liability. Please read our
Privacy Policy which describes how ZZJoke.com collects and uses your Personal
Information and co-branding relationships.
11. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, you may deactivate your account on the
Site, at any time and for any reason, by clicking here to go to “Your Account”,
entering your user name and password, and then selecting the "Close My Account"
option. We may terminate your use of and registration on the Site, at any time
and for any reason, with or without cause, without prior notice to you and
without any liability or further obligation of any kind whatsoever to you or any
other party.
12. DISCLAIMER AND limitations OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE
AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL
BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not
responsible or liable for any malicious code, delays, inaccuracies, errors, or
omissions arising out of your use of the Site. You understand, acknowledge and
agree that you are assuming the entire risk as to the quality, accuracy,
performance, timeliness, adequacy, completeness, correctness, authenticity,
security and validity of any and all features and functions of the Site,
including, without limitation, Postings and Materials associated with your use
of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS
SITE, ZZJOKE.COM, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE
PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE
OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT limited TO, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in
this Agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss or damage
shall be to have the Parent Companies, upon written notice from you to us,
attempt to repair, correct or replace any deficient goods or services under this
Agreement and, if repair, correction or replacement is not reasonably
commercially practicable for the Parent Companies, to refund any monies actually
paid by you for the Products involved and to terminate and discontinue your use
of the Site. You further understand and acknowledge the capacity of the Site, in
the aggregate and for each user, is limited. Consequently some messages and
transmissions may not be processed in a timely fashion or at all, and some
features or functions may be restricted or delayed or become completely
inoperable. As a result, you acknowledge and agree that the Parent Companies
assume no liability, responsibility or obligation to transmit, process, store,
receive or deliver transactions or Postings or for any failure or delay
associated with any Postings and you are hereby expressly advised not to rely
upon the timeliness or performance of the Site for any transactions or Postings.
Some jurisdictions do not allow for the exclusion of certain warranties or
certain limitations on damages and remedies, accordingly some of the exclusions
and limitations described in this Agreement may not apply to you.
13. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, ZZJoke.com, the Parent
Companies, and any of their Affiliates, or any of their successors and assigns,
and any of their respective officers, directors, employees, agents,
representatives, licensors, Advertisers, suppliers, and operational service
providers harmless from and against any and all claims, actions, losses,
expenses, damages and costs (including reasonable attorneys' fees), resulting
from any breach or violation of this Agreement by you, or public posting of your
Postings.
The Parent Companies reserves the right to assume, at its sole expense, the
exclusive defense and control of any such claim or action and all negotiations
for settlement or compromise, and you agree to fully cooperate with the Parent
Companies in the defense of any such claim, action, settlement or compromise
negotiations, as requested by the Parent Companies.
14. PRIVACY
We respect your privacy and the use and protection of your Personal Information.
Please see our Privacy Policy, for important information and disclosures
relating to the collection and use of your Personal Information in connection
with your use of the Site.
15. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy Policy,
and any other regulations, procedures and policies which we refer to and which
are hereby incorporated by reference, contains the entire understanding and
agreement between you and the Site and supersedes any and all prior or
inconsistent understandings relating to the Site and your use of the Site. This
Agreement cannot be changed or terminated orally. If any provision of this
Agreement is held to be illegal, invalid or unenforceable, this will not affect
any other provisions and the Agreement will be deemed amended to the extent
necessary to make it legal, valid and enforceable. Any provision which must
survive in order to allow us to enforce its meaning shall survive the
termination of this Agreement; however, no action arising out of this Agreement
or your use of the Site, regardless of form or the basis of the claim, may be
brought by you more than one (1) year after the cause of action has arisen (or
if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced
in accordance with the internal substantive laws of the State of New Jersey
(notwithstanding the State's conflict of laws provisions) applicable to
contracts made, executed and wholly performed in New Jersey, and, for the
purposes of any and all legal or equitable actions, you specifically agree and
submit to the exclusive jurisdiction and venue of the State and Federal Courts
situated in the State of New Jersey and County of Bergen and agree you will not
object to such jurisdiction or venue on the grounds of lack of personal
jurisdiction, forum non conveniens or otherwise. To the extent it may be
applicable, you agree to opt out from and expressly exclude any applicability of
the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING
COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS
AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF,
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY
JURY.
16. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout
for technical glitches that effect how the Site works. When we find them on our
end, we will fix them. Unfortunately, your home computer may cause some glitches
that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be
the result of Malware on your computer. Malware -- short for MALicious softWARE
-- is a term used to broadly classify a form of software which is installed in a
computer system with malicious intentions, usually without the owner's knowledge
or permission. Malware includes computer viruses, key loggers, malicious active
content, rogue programs and dialers, among others. While we continuously work
closely with our partners to ensure that everything on the Site is working
properly, sometimes Malware programs on your personal computer may interfere
with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean
your computer and which could prevent future installations of Malware.
- Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
- Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
- Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
- Install Microsoft Defender (for Windows computers).
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.
If, after taking the above actions, you are still experiencing any problems,
please feel free to contact us.
This Terms of Use Agreement was last modified on November 17, 2010
and is effective immediately.