Website Terms and Conditions of Use
This website is operated by Jolted Media Group, Ltd.
You may contact us at: firstname.lastname@example.org
Jokeroo.com provides visitors to its Web site with access to content via the World Wide Web and offers the opportunity for users to submit text, pictures, video and other content for posting on the Jokeroo.com Web site (the "Site") under certain terms and conditions.
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
AGREEMENT TO USER CONDUCT RULES
You agree to abide by Jokeroo.com's User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose:
By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates Jokeroo.com's rules or policies;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, providence, or country of residence.
You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. Jokeroo.com generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, Jokeroo.com and its agents have the right at their sole discretion to remove any content that, in Jokeroo.com's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Jokeroo.com is not responsible for any failure or delay in removing such content.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under Jokeroo.com's control, and you acknowledge that Jokeroo.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Jokeroo.com or any association with its operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
- Grant Jokeroo.com and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Jokeroo.com will not infringe or violate the rights of any third party.
Jokeroo.com's CONTENT POLICIES
Jokeroo.com is committed to promoting the most up-to-date and unique content possible while maintaining standards consistent with the Internet community and the societies of the world. Jokeroo.com actively audits and approves content that goes live on the Jokeroo.com website, however there may be instances where an individual deems a piece of our content to be offensive or inappropriate. In this case, please immediately email email@example.com to have this content removed. Accordingly, Jokeroo.com will NOT process, digitize, post, upload, store, share or otherwise display on the Jokeroo.com website:
- Content or material that we believe is pornographic, obscene, or of an adult or sexual nature;
- Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity;
- Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
- Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
- Instructions on how to assemble or use bombs, grenades or other weapons; and
- Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual.s right to privacy.
- Copyrighted content or material that is used without the express permission of the owner; Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law.
- Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
- Any links to the above.
Jokeroo.com has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site are always examined before they are put on the website. You acknowledge that Jokeroo.com has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.
You should also know that in visiting the Jokeroo.com website, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure. As stated above, if you run across something you deem to be offensive, please email firstname.lastname@example.org to have this content removed.
YOUR CONTENT, CONDUCT & LICENSING OPTIONS
As a Jokeroo account holder you may submit Content to the Service, including videos, photos, games and user comments. You understand that Jokeroo does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Jokeroo all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
Depending on the option you select during the Uploading process, you hereby grant Jokeroo the following license or rights management:
- Video Profit Sharing License: You are assigning the management of your content to Jokeroo. Jokeroo will be the exclusive rights management company for your content. At your request, Jokeroo will provide you with a dedicated account manager and help promote and generate revenue from your content. Jokeroo will also provide you with a 60% profit share on all revenue generated after expenses.
- Exclusive License: You are forfeiting all your rights to your content and transferring ownership to JOKEROO for the indicated dollar amount. By submitting content to JOKEROO and selecting the EXCLUSIVE option, you hereby grant JOKEROO a worldwide, exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Jokeroo's (and its successors', partners and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
- Non-Exclusive License: You retain all of your ownership rights to your Content. However, by submitting Content to JOKEROO and selecting the NON-EXCLUSIVE option, you hereby grant JOKEROO a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Jokeroo's (and its successors', partners and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
- Not for sale: You retain full control and all rights. Jokeroo will not partake in any promotion or any dealings what so ever relating to your content. Jokeroo will only retain the license to display the Content on the Company's owned properties.
The above licenses granted by you in video Content, photo Content, and user comments you submit are perpetual and irrevocable.
If Video Profit Sharing, Exclusive or Non-exclusive options are selected when uploading, you further agree that Content you submit may be distributed, sub licensed, licensed, transferable license to use, reproduced, displayed on any of our partners, associates, or client websites.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Jokeroo all of the license rights granted herein.
Jokeroo does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Jokeroo expressly disclaims any and all liability in connection with Content. Jokeroo does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Jokeroo will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Jokeroo reserves the right to remove Content without prior notice.
COMPENSATION FOR CONTENT & OTHER ACTIVITIESJokeroo provides users compensation for referring friends, uploading content and sharing videos as long as all criteria are met. In order for a user to qualify for compensation, please refer to the following:
1. REFER A FRIEND - Your friend must register at Jokeroo, confirm their subscription, upload a video or picture. Once these objectives are met, compensation will only occur if the users content is approved by our editorial team. Approval of content is at the sole discretion of our editorial team.
2. UPLOADING CONTENT - You will only be compensated for your content if our editorial team approves the content and you select to syndicate the content.
3. SHARING - You will only be compensated for REACT'ing on content and/or using the Facebook LIKE button on the Jokeroo pages. There are limitations to the amount of Reactions and Likes a user can make per day
By registering to Jokeroo, you agree that compensation can be revoked, removed or denied at the sole discretion of Jokeroo at any time with our reason or without warning. Compensation can also be changed or removed entirely at any time. Jokeroo reserves the right to terminate your account without warning, without compensation or without notice at any time.
In order to qualify for payment for OTHER ACTIVITIES such as Liking/Reacting/Tagging/Referring, you must have at least one approved Content (video or photo) within the last 180 days. If you do not have any approved content, your balance earned from OTHER ACTIVITIES will not be eligible for payout.
You are only eligible for compensation if you live in the following countries: Canada, United States of America, Australia, United Kingdom, France, Germany, Netherlands, Belgium, Denmark, Finland, Switzerland, Luxembourg, Japan, Sweden, Norway or New Zealand.
PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To expedite our ability to process your request, such written notice should be sent to our designated agent as follows:
Service Provider(s): Jolted Media Group, Ltd. Name of Agent: Claudio R. Address: Jolted Media Group, Ltd., 218 Adelaide Street West, Suite 400, Toronto, Ontario, M5H 1W7 Phone: +1 (647) 724-7059 Email: email@example.com
If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from Jokeroo, we suggest that you email us at firstname.lastname@example.org with the subject as "ONGOING DMCA" where we increase the speed at which we are able to remove any infringing content on Jokeroo and also offer industry-leading content identification tools and personal management for your requests.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Claimant information will be published on the Jokeroo site at anytime.
If you believe that material you posted has been removed in error, you should send our Copyright Agent, using the contact information listed above, a counter notice that includes the following:
- Your physical or electronic signature.
- 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 access to it was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Jolted Media Group offices may be found, and that you will accept service of process from the person who provided notification of copyright infringement, or an agent of such person.
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.
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on this site, you may notify Jokeroo.com. Please email email@example.com so we can investigate the matter further.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Jokeroo.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Jokeroo.COM, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Jokeroo.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Jokeroo.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Jokeroo.com, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Jokeroo.com reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Jokeroo.com in asserting any available defenses.
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION
The pictures, jokes, quotes, and comics on this website have been gathered from all over the world. Many of them have been submitted by our visitors. Some of the material may contain profanity or partial nudity. If you are easily offended, we advise that you should not browse our site. Although some of the pictures and jokes are of an adult nature, we never cross the line from naughty to pornographic or abusive. The purpose of our site is to amuse, not titillate or offend.