Terms & Conditions

Terms of Use

The following sets forth the Terms of Use regarding your use of this website (the “Site”). These Terms of Use are a legal agreement between you and the Site, and by using and/or accessing the Site, you are expressly agreeing to abide by the following terms:

Personal use. The Site is being presented for your personal, non-commercial use. JokeyPhone, LLC (“we” or “us”) grants you a limited, non-exclusive license to access the Site, and to embed certain videos found on the Site in other web sites and at other internet locations, all for your personal, non-commercial use only. You may not use, distribute, or copy any material found on the Site other than as expressly permitted herein. We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion.

No Reproduction of Materials. The material on the Site is protected under state and federal copyright and trademark laws. By accessing and/or downloading the material on the Site, you do not acquire any ownership interest or rights to the material found on the Site, nor are you authorized to create any derivative works of such material. You are not authorized to use such material in any way other than as specified herein. All rights to the content of the Site, and any material on the Site, are reserved by us. You may not reproduce, duplicate, disseminate, publish or transfer such content or material in any form or by any means by use of any media now in existence or that may be created in the future, except with our prior written permission. You may not use any “meta tags” or any other “hidden text” utilizing our name or trademarks, and/or the name of the Site, without our prior written consent. Any unauthorized use of the Site, or the contents or materials thereon, automatically terminates the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties.

Accuracy. We cannot and do not guarantee or warrant the accuracy of any information found on the Site. We do not endorse any User submission or content, or any opinion, recommendation, or advice expressed therein. Any action taken or not taken by you as the result of reviewing information on the Site is solely at your risk.

Links. We have provided links to outside Web sites for your convenience. We do not review, and assume no responsibility to review, the content of the sites to which links are provided, and make no representation or warranty as to their content, accuracy or reliability. We are not a proprietor or an agent of any such linked Web sites. We have not authorized any other party, including the proprietor(s) of any linked Web sites, to act as our agents or bind us in any way. We are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.

Material Posted or Communicated by Users.  Users of the Site may post videos, comments and other content, send communications, and submit suggestions, ideas, comments, questions, or other information on or through the Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable for any reason (as determined by us in our sole discretion) and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a video, communication, post, or other content. We reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, you grant us (and our licensees, assignees and affiliates) a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, edit modify, adapt, publish, translate, create derivative works from (including, without limitation, books, motion pictures, soundtrack albums, etc.), distribute, and display such content (and any derivative material incorporating or derived from such content) throughout the world in any and all media, now known or hereafter devised. You grant us (and our licensees, assignees and affiliates) the right to use the name that you submit in connection with such content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, including, without limitation, the right to include the name, appearance and/or likeness of each person appearing or depicted in such content; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply or upload to the Site. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

YOU WILL NOT UPLOAD, POST, OR SUBMIT CONTENT TO THE SITE THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OR PROPRIETARY RIGHTS (INCLUDING, WITHOUT LIMITATION, RIGHTS OF PRIVACY AND/OR PUBLICITY) OF ANY THIRD PARTY.

We have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of Users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see our Copyright Policy for further information.

Updates.  In the event that you download any software or application(s) from the Site in connection with your use thereof, you agree that we may automatically download and install updates to such software and/or application(s). These updates will be designed to improve, enhance and further develop such software and/or application(s) and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Site.

Viruses. We attempt to keep the Site virus free. However, due to the nature of the Internet, we assume no responsibility and shall not be liable for any damages due to, or as a result of, viruses, worms, Trojan Horses or other computer programs or applications that may infect your computer or other property as a result of your accessing of the Site.

Communications with Us. Any communication or material that you send to us by electronic mail or otherwise is, and will be treated as, non-confidential and non-proprietary. You hereby consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Minors’ Use of the Site. If you are under the age of 18 years old, you must get your parent's permission to use this Site, and prior to uploading any videos or sharing personal information on the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

WE RESERVE THE RIGHT TO DISCONTINUE ANY ASPECT OF THE SITE AT ANY TIME.

Indemnity. You agree to indemnify, hold harmless and defend us and our affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by us arising out of or relating to your: (a) use of and access to the Site; (b) violation or breach of any term of these Terms of Use, the Privacy Statement, Spam Policy, Copyright Policy, or any applicable law, regulation, policy or guideline, whether or not referenced herein; (c) violation (or alleged violation) of any third party right, including, without limitation, any copyright, property, or privacy right.

Disputes. You agree that any dispute regarding this agreement and any use of the Site must be brought in a court of competent jurisdiction in Los Angeles, California, USA, and by using and accessing the Site you hereby consent to venue and jurisdiction in Los Angeles, California, USA, for any disputes arising from your use of the Site. You agree that the Site shall be deemed solely based in California, and the Site shall be deemed a passive website that does not give rise to personal jurisdiction, either specific or general, over JokeyPhone, LLC in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the state of California, without respect to its conflicts-of-laws principles. YOU AND JOKEYPHONE, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Other Policies. Please review the other policies and guidelines (“Policies”), such as the Privacy Statement, posted on the Site. Those Policies, along with these Terms of Use, govern your visit to, and use of JokeyPhone.com . We reserve the right to make changes to the Site, the Policies, or these Terms of Use, at any time. If any of these conditions or provisions is deemed invalid, void, or for any reason unenforceable, that condition or provision shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Entire Agreement. This agreement, together with the Policies posted on the Site, which are incorporated by this reference, represents the entire agreement regarding your use of the Site.

Changes to this Agreement. You may not alter the terms and conditions of this agreement without our express written consent. Any attempt by you to do so is hereby rejected as void.

These Terms of Use 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 Terms of Use. Your use of the Site after such changes constitutes your agreement to such policies with regard to information collected from you in the past and the future.