Privacy Policy

Privacy Statement

JokeyPhone, LLC (“we” or “us”) operates the JokeyPhone.com website (the “Site”). We have created this Privacy Statement in order to demonstrate our firm commitment to maintaining the privacy of your personal information. The following sets forth the information gathering and dissemination practices for the Site. By accessing the Site, you consent to the collection and use of your personal information as set forth in this Privacy Statement.

Types of Information Gathered By Us, and/or Provided By You.

• Account-related information: You can watch vides on the Site without having an account. You also can contact us about a particular video without having an account. However, certain other activities on the Site – like uploading videos, posting comments, flagging videos, or watching restricted videos – require you to have an account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access. When you create an account, some information about your account and your account activity will be provided to other Users of the Site. This may include the date you opened your account, the date you last logged into your account, your age (if you choose to make it public), your country of residence and the number of videos you have watched. Your account name (not your email address) is displayed to other Users when you engage in certain activity on the Site, such as uploading videos or sending messages through the Site. Other Users can contact you through messages and comments.   
• Uploaded content and information: Any videos that you submit to the Site may be redistributed through the Internet and other media channels, and may be viewed by the general public. ANY PERSONAL INFORMATION OR VIDEO CONTENT THAT YOU VOLUNTARILY DISCLOSE ONLINE (IN UPLOADED VIDEOS, ON DISCUSSION BOARDS, IN MESSAGES AND CHAT AREAS, WITHIN YOUR PROFILE/ACCOUNT PAGES, ETC.) BECOMES PUBLICLY AVAILABLE AND CAN BE COLLECTED AND USED BY OTHERS.
• Personal Information You Give Us: We receive and may store any information you enter on the Site or give us in any other way, including via email communications. If you choose to register with us, we require you to provide your email address and birth date. You will also be required to select a user ID and password. In addition, we may optionally ask you to provide your physical address and other demographic information, such as gender, interests or occupation, as well as credit card and billing information for verification purposes or for the purchase of products and services. You can choose not to provide certain information, but then you might not be able to take advantage of certain features of the Site. We use the information that you provide for such purposes as responding to your requests, customizing your future use of the Site, improving the Site, protecting your account from unauthorized access, and communicating with you.
• Automatic Information: We receive and may store certain types of information whenever you interact with the Site. When you visit the Site, we log standard information, such as your IP address. In addition, like many Web sites, the Site uses "cookies," and we obtain certain types of information when your Web browser accesses the Site.

Cookies. A “cookie” is an alphanumeric piece of data stored on a user’s computer that contains information about the user. Our Site uses cookies to help determine the advertising you see on the Site. The Site also uses cookies to deliver content specific to your interests, and also to save your password so you don't have to re-enter it each time you visit the Site. You can modify your Web browser to refuse all cookies, or to indicate when a cookie is being sent.

Information Shared with Third Parties. We may share personally identifiable information about you with third parties, including: (a) with your consent or following the opportunity to opt-in or opt-out for specific programs or features; (b) when we have a good faith belief that it is necessary pursuant to a subpoena or other judicial or administrative order; (c) to process payments for products or services; (d) as otherwise stated in this Privacy Statement; (e) where required by law; or (f) at our sole discretion, when we deem it necessary to respond to claims, to protect the safety of any individual or the public, or to protect our rights, property or personal safety or those of any third party. We also may share non-personally-identifiable information with interested third parties to assist them in understanding the usage patterns for the Site.

We may use an outside ad company to display ads on our site. These ads may contain cookies. Although we use cookies in other parts of our Web site, our ad company collects cookies received with banner ads, and we do not have access to this information nor can we control what they may do with the cookies they collect. Some of your personal data may be shared with the advertising companies. By accessing and using the Site, you are consenting to have your personal data transferred to and processed by such advertising companies.

In the event of a change of ownership or a direct merger with or acquisition by another entity, your information may be transferred to the acquiring entity.

Other than as set out above, you will receive notice when information about you will be shared by us with third parties, and you will have an opportunity to choose not to share the information. If you opt not to share certain information, you may not be able to utilize all features of the Site.

Registration Forms, Surveys, Contests.
From time to time, the Site may request you to register your personal information with the Site (e.g., in connection with accessing downloadable features or information), or to ask you to participate in a survey or contest. When filling out these forms, surveys or contest entries, we may ask you to give us contact information (e.g., your name, email, and postal address), and demographic information (e.g., your zip code, age, or income level).

We may use this information to ship purchases or provide you with more information about us. Your contact information is also used to send promotional material from some of our partners to you.

This information also may be shared with our advertisers on an aggregate basis. We also may use this data to tailor your experience at the Site, to show you content that we think you might be interested in, and to display the content according to your preferences.

How Your Information is Secured by Us. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts sensitive personal information you input (such as email addresses and credit card numbers). We will restrict our employees’ access to databases containing personal information and will impose confidentiality requirements on those employees that do so. It is important for you to protect against unauthorized access to your password and your computer. Be sure to sign off when finished using a shared computer.

Identify theft is a serious concern to all of us. To help protect yourself against identity theft, please remember that we will NEVER ask for your password in either a non-secure or unsolicited email communication.

External Links.
The Site contains links to outside Web sites. We have no control over, are not responsible for, and make no representations regarding, the privacy practices or the content of such outside Web sites. We encourage you to read the privacy policy of any outside Web site you visit.

Public Forums.
We may make chat rooms, forums, message boards, and/or news groups available to you. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Note to International Users.
The Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Statement, and the Terms of Use of the Site, you are transferring your personal information to the United States and you consent to that transfer.

Children's Use of the Site.
We care about children and understand that they have special privacy needs. Therefore, we have adopted the following privacy policies regarding children under the age of 18 (“Minors”):

We will not knowingly collect, use, or distribute to third parties personally identifiable information from Minors without prior verifiable parental consent.

We will not knowingly give Minors access to unmonitored chat rooms, message boards, email accounts, or other services that would give such Minor the ability to publicly post or otherwise distribute personally identifiable information without prior parental consent.

We will not knowingly use any personally identifiable information submitted by a Minor for any reason unless parental consent is obtained. In the event that we learn that we have collected personally identifiable information from a Minor without verification of parental consent, we will delete that information as quickly as possible. If you believe that we may have collected personally identifiable information from or about a Minor without parental consent, please contact us as support@JokeyPhone.com.

If you are under the age of 18 years old, you must get your parent's permission to use this Site and prior to sharing personal information online, whether on the Site or any other Web site.

Changes and Updates.
This Privacy Statement may change from time to time. If we make any substantive changes to our policies, we will notify registered users by posting bulletins on the Site, by email at the address provided by you, or by posting notice of changes at Privacy Statement. Your use of the Site after such changes constitutes your agreement with regard to information collected from you in the past and the future.

Contacting the Site.
If you have any questions about this privacy statement, the practices of the Site, or your dealings with this Web site, you can contact us at Support@JokeyPhone.com, or at:

Spam Policy

JokeyPhone, LLC (“we” or “us”) is committed to permission-based email marketing practices, and therefore has established this no-tolerance Anti-Spam Policy. We may update this policy and provide notice of any changes on our home page. Your use of this website (the “Site”) constitutes your acceptance of the terms and conditions of our Anti-Spam Policy.

Spam is commercial email or unsolicited bulk email, including junk mail, which has not been requested by the recipient. Spam is not an accepted promotion technique and we do not condone or engage in Spam. Users of the Site agree to comply with this Anti-Spam Policy. We reserve the right to determine in our sole discretion what constitutes Spam.

The following is a non-exhaustive list of examples of spamming that may violate the Site’s Terms of Use and/or this Spam Policy:

• Manipulating identifiers, such as email headers, to disguise the origin of any email.
• Relaying email from a third party's mail servers without the permission of that third party.
• Using or causing to be used the Site to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
• Using "robots" or otherwise harvesting users’ email addresses from the Site for purposes of sending unsolicited or unauthorized material.
• Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
• Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.

Any users found to be using our programs, products or services, or information gathered or obtained from the Site, to engage in Spam may, at our discretion, be immediately blocked from future access to the Site. We will take any steps we deem necessary to prevent us from being involved in Spam, and we will pursue all available legal remedies against any person(s) or organization(s) that use our programs, products or services, or information gathered or obtained from the Site, in connection with Spam communications. If damages of any kind are levied against us in connection with any Spam communications disseminated by any users of the Site, we will pursue full legal recourse against the offending user(s) under any and all applicable laws.

We do not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Site. We do not permit or authorize others to use the Site to collect, compile or obtain any information about our users, customers or subscribers, including but not limited to e-mail addresses, which are our confidential and proprietary information.

If we believe that unauthorized or improper use is being made of the Site, we may, without notice, take such action as we, in our sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. We may immediately terminate any account on the Site which we determine, in our sole discretion, is transmitting or is otherwise connected with any e-mail or posting that violates this policy. Nothing in this policy is intended to grant any right to transmit email to or through the Site.

Failure to enforce this policy in every instance does not amount to a waiver of our rights.

If you believe that you have received Spam connected to us in any way, please notify us by sending us an email, including a copy of the unsolicited Spam communication, at Support@JokeyPhone.com. You may also provide any other information that you believe may help us investigate the matter. We do not investigate or take any action based on anonymous Spam complaints. Individuals who sign up on the Site for programs, products or for any other reason, and provide their email address, give us permission to send them information concerning our programs, products and services to said email addresses. In order to protect your privacy, we do not sell, share or trade our subscriber list or users’ personal information with anyone for any reason, and users may unsubscribe from future email notifications from us at any time. To help protect yourself against identity theft, please remember that we will NEVER ask for your password in either a non-secure or unsolicited email communication.

Copyright Statement

JokeyPhone, LLC (“we” or “us”) holds the exclusive copyright to the contents of, and all material available on, this Web site (the “Site”) (other than videos uploaded by Users), and all such contents and materials are our exclusive property, unless otherwise explicitly indicated.

All rights are reserved by us, and the contents of, and material available on, the Site may not be reproduced, disseminated, published or transferred in any form or by any means, except with our prior written permission.

Copyright infringement is a violation of state and federal law subject to criminal and civil penalties.

We respect the intellectual property rights of others and expect our Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at  http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the JokeyPhone.com service that are reported to the JokeyPhone Designated Copyright Agent identified below. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Counter-Notification

The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:  http://www.copyright.gov/legislation/dmca.pdf.

To file a counter notification with us, you must provide a written communication that sets forth the items specified below.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Elements of Counter-Notification

A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs of material that JokeyPhone.com has removed or to which JokeyPhone.com has disabled access.
2. Provide your full name, address, telephone number, and email address, and the username of your JokeyPhone.com account.
3. Provide a statement that you consent to the jurisdiction of Federal District Court for Los Angeles County, California, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
4. Include 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 a mistake or misidentification of the material to be removed or disabled.
5. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Send the written communication to the following address:

JokeyPhone, LLC
11870 Santa Monica Blvd. #106-580
Los Angeles, CA 90025
Attn: Counter-Notification Department
Email: Copyright@JokeyPhone.com

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on YouTube. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.