1. Acceptance of Terms.
3. Rules and Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgur, offensive, profane, harmful to minors in any way, or otherwise inappropriate as determined by Yurfunny in its sole discretion;
• is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• involves commercial activities and/or sales without Yurfunny’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• that includes personal or identifying information about another person without that person’s explicit consent;
• advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
• disrupts the normal functionality or flow of dialogue of the Service with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Yurfunny or any third party; or
• impersonates any person or entity, including, but not limited to, a Yurfunny employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.).
Additionally, you agree not to:
• contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
• “stalk” or otherwise harass anyone;
• post Content that reveals private, identifying information about you or anyone else. Yurfunny shall not be responsible for any misuse of the Service by anyone or any crimes committed against you or anyone else from any Content you post or do not post on the Service.
• collect personal data about other users for commercial or unlawful purposes;
• post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• post the same item or service in more than one category or forum, or in more than one metropolitan area;
• use any form of automated device or computer program that enables the submission of postings on Yurfunny without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Yurfunny in its sole discretion) an unreasonable or disproportionately large load on Yurfunny’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Yurfunny may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
4. Content and License.
You agree that the Service contains Content specifically provided by Yurfunny or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Yurfunny grants each user of the Site and/or Service revocable, non-transferable, and non-exclusive permission to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Yurfunny, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
5. User Submissions.
The Service provides you with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:
• acknowledge that you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
• agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
• represent and warrant that the use or other exploitation of such User Submissions by Yurfunny and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
• understand that Yurfunny shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Yurfunny will not be liable for any errors or omissions in any content; and that Yurfunny cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
• In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Yurfunny all of the license rights granted herein;
• You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time;
• Yurfunny does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Yurfunny expressly disclaims any and all liability in connection with User Submissions. Yurfunny does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Yurfunny will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Yurfunny reserves the right to remove Content and User Submissions without prior notice;
• If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
Yurfunny does not endorse and has no control over any User Submission. Yurfunny cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
7. Third Party Content, Sites, and Services.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Yurfunny’s control, and you acknowledge that Yurfunny is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Yurfunny or any association with its operators. You further acknowledge and agree that Yurfunny shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
8. Notification of Claims of Infringement.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by notifying our Copyright Agent (“Agent”), at
City, State Zip
Please provide our Agent with the following Notice (see 17 U.S.C 512(c)(3) for further detail):
a) Identify the material on the Yurfunny Site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Yurfunny will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA). You acknowledge that if you fail to comply with all of the requirements of this Section 8 your DMCA notice may not be valid.
9. Privacy and Information Disclosure.
10. Termination of Service.
11. Warranty Disclaimer.
Yurfunny has no special relationship with or fiduciary duty to you. You acknowledge that Yurfunny has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Yurfunny from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Yurfunny makes no representations concerning any Content contained in or accessed through the Site, and Yurfunny will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YURFUNNY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): YURFUNNY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Yurfunny will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Yurfunny’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
13. Limitation of Liability.
IN NO EVENT SHALL YURFUNNY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWENTY-SEVEN U.S. DOLLARS ($27.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Violation of Terms and Liquidated Damages.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Yurfunny to pursue legal action to enforce these Terms, you will be liable to pay Yurfunny the following amounts as liquidated damages, which you accept as reasonable estimates of Yurfunny’s damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Yurfunny one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If Yurfunny establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Yurfunny one hundred eight dollars ($108) for each message posted in excess of such limits or for each day on which you access Yurfunny in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements through Yurfunny computer systems, you agree to pay Yurfunny one hundred eight dollars ($108) for each such email.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Yurfunny’s express written permission, you agree to pay Yurfunny three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Yurfunny’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Yurfunny retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
15. Dispute Resolution.
16. Integration and Severability.
17. Limitations of Service.
You acknowledge that Yurfunny may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Yurfunny has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Yurfunny reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Yurfunny shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You may contact Yurfunny at firstname.lastname@example.org.
Effective Date: December 1, 2010