Terms of use

Yurfunny.com Terms of Use

 

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY YURFUNNY, LLC (“YURFUNNY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.YURFUNNY.COM (THE “SITE”) AND THE SERVICE OWNED AND OPERATED BY YURFUNNY (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY REGISTERING FOR AND/OR USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

 

 

1.    Acceptance of Terms.

 

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which terms also incorporates Yurfunny’s Privacy Policy, Yurfunny’s Copyright Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Yurfunny, each of which is incorporated by reference and each of which may be updated by Yurfunny from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Yurfunny from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.  Yurfunny may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

 

Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.  Yurfunny has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.

 

 

2.    Modification of Terms of Use.

 

Yurfunny reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Yurfunny may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

 

3.    Rules and Conduct.

 

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Yurfunny or its partners on or through the Service.

 

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;

•    use any form of automated device or computer program (“flagging tool”) that enables the use of Yurfunny’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms of Use.

 

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.

 

Yurfunny does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Yurfunny has no obligation to monitor the Site, Service, Content, or User Submissions. However, Yurfunny reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Yurfunny is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

 

 

4.    Content and License.

 

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Yurfunny does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Yurfunny site and Content available through the Service may contain links to other websites, which are completely independent of Yurfunny.  Yurfunny makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Yurfunny be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Yurfunny does not pre-screen or approve Content, but that Yurfunny shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.

 

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;

•    retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Yurfunny, you hereby grant Yurfunny a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions (in whole or in part), for any purpose whatsoever, and to incorporate User Submissions in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the User Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the User Submissions for promotional purposes, whether to promote the Websites, other Yurfunny products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by Yurfunny to exploit any User Submissions. By way of further clarification, Yurfunny may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for Yurfunny to exercise its rights under the foregoing license, you hereby grant Yurfunny a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Use;

•    represent and warrant, and can demonstrate to Yurfunny’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Yurfunny and all users of the Service;

•    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.

 

 

6.    Registration.

 

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Yurfunny and select a password and screen name (“User ID”). You shall provide Yurfunny with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Yurfunny account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Yurfunny reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Yurfunny password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Yurfunny in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

 

 

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

 

abuse@yurfunny.com

 

or

 

Copyright Agent

Yurfunny

Address

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.

 

Yurfunny has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

 

URL

 

Your use of the Yurfunny Site or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Yurfunny may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Yurfunny, its users or the general public.

 

 

10.    Termination of Service.

 

You agree that Yurfunny, in its sole discretion has the right (but not the obligation) to terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

 

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.

 

 

12.    Indemnification.

 

You shall defend, indemnify, and hold harmless Yurfunny, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Yurfunny reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Yurfunny in asserting any available defenses.

 

 

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.

 

Please report any violations of the Terms of Use, by flagging the posting(s) for review, or by emailing to:

 

abuse@yurfunny.com

 

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.

 

d. If you post Content in violation of the Terms of Use, other than as described above, you agree to pay Yurfunny one hundred eight dollars ($108) for each Item of Content posted.  In its sole discretion, Yurfunny may elect to issue a warning before assessing damages.

 

e. If you are a Posting Agent that uses the Service in violation of the Terms of Use, in addition to any liquidated damages under clause (d), you agree to pay Yurfunny one hundred eight dollars ($108) for each and every Item you post in violation of the Terms of Use.  A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms of Use) agrees to pay Yurfunny an additional one hundred eight dollars ($108) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms of Use.

 

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.

 

By using the Service, you consent to receiving electronic communications from Yurfunny. These communications will include notices about your account and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Yurfunny agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

 

 

16.    Integration and Severability.

 

The Terms of Use are the entire agreement between you and Yurfunny with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Yurfunny with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

 

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.

 

 

18.    Miscellaneous.

 

Yurfunny shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Yurfunny’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Yurfunny’s prior written consent. Yurfunny may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

 

19.    Contact.

 

You may contact Yurfunny at contact@yurfunny.com.

 

Effective Date: December 1, 2010