Updated as of the 7th day of April 2022
Content & Ownership
Account Creation; Risk of Loss
Use of Account; Prohibited Actions
Third Party Websites
Limitation of Liabilities
Claims of Infringement
Changes to Services; Termination of Services
Notice of Arbitration Provision and Waiver of Jury Trial
From time to time, Company may decide to modify, add, or delete portions of these Terms and will post those changes here. If Company does so, your continued use of the Services after any such changes have been made means you agree to such changes. We will call your attention to any material modifications to these Terms, either directly by email or through your “Account” (as defined below) (if any), or with a notice when you enter the Services. The amended Terms will automatically be effective when posted on this Site or on a date certain, as indicated. In addition, Company reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying, or removing features and functionality of the Services, or updating how our Services are provided. Company further reserves the right to suspend or terminate the Services for any reason or at any time.
3. Content & Ownership
The Services contain different types of content and to each type, different sets of rights and rules will attach. In each case, “Content” includes videos, text, graphics, photographs, videos, illustrations, artwork, and other works of authorship. Each type of Content is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (“IP Rights”).
Records: Records of information, which may include personal information, (“Records”) may be included as part of profiles or as resources as part of the Services. Records may be listed by Company or by a registered user and may be revised or updated by Company or a user. Company cannot guarantee the accuracy of any such Records as of any particular time, and you rely on any such Records at your own risk. You should only use the Records in connection with legitimate professional work and may not use these Records to send mass mailings, unsolicited material, or spam any of the individuals or businesses. Such actions may be a violation of law and of these Terms, with ensuing legal consequences.
You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Company or its licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of such Content (collectively, “Company Content”). Your use of the Services shall not grant you any claim of ownership over any Company Content, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Company Content, in whole or in part, without the prior written permission of Company. You may print copies of the Company Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Company Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from the Site. The use of Content from the Services on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Company’s prior written approval.
For permission to use Content from this Site or from marketing material authored and distributed by Company, you must request written permission in advance and provide full attribution. Permission should be requested by contacting WWN@laughoutloud.com.
4. Account Creation; Risk of Loss
To access and use the Services, we may require you to register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process and in connection with your use of the Services, and to update such information to keep it accurate, current, and complete. You must be at least 18 years of age to create an Account. If you create an Account, you are responsible for maintaining the confidentiality of your Account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, Account (or any part thereof), or use of the Services at any time and for any or no reason. Company will not be liable to you or any third party for any termination of your access to the Services. If your status as a registered user of the Services is terminated for any reason, whether voluntarily or involuntarily, you hereby agree and represent, as a condition for your use of the Services, that you will (i) stop using the Services and any information obtained from the Services, and (ii) destroy all copies of your Account information, password, and any information obtained from the Services, including but not limited to, all Content in your possession that originated with the Services.
5. Use of Account; Prohibited Actions
Company reserves the right to refuse service, cancel service orders, terminate Accounts, or remove or edit Content, in its sole discretion.
By using the Services:
You agree, represent, and warrant that you will provide us with true, current, complete, and accurate information in connection with your use of the Site and the Services.
You represent that you are using your Account for a lawful purpose – you may not use your Account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
You may not upload Content that is defamatory, libelous, or that promotes illegal activity, or that is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or otherwise violates applicable law, and we reserve the right to remove such Content without advance notice.
You agree to notify us immediately of any unauthorized access to or use of your Account.
You agree not to access the Site by any means other than through a commercially available web browser.
You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others.
You may not share or post information or Content that is false, misleading, or violates the rights of another, and you may not pass the Content of others as your own.
You may not upload material that places unnecessary load so as to affect the performance of the Site, or Company systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage, or otherwise disable Company or any of our systems, servers, or equipment.
You agree not to access the Site by any automated means, including, but not limited to, by scraping or other methods of gathering information or data.
You may not attempt to gain unauthorized access to the Services or to any other user’s Accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means.
You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another device. Any and all materials uploaded are subject to applicable federal, state, and international laws.
Violating the security of the Services is prohibited and may result in criminal and civil liability, along with immediate termination of your Account (if any). We may investigate incidents involving such violations and may involve, and will cooperate with, law enforcement. Examples of security violations include, without limitation, disclosing or sharing of Content beyond the permissions you have received, sharing or recklessly using any security credentials, usernames, and passwords, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any users, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
7. Submitted Materials
Please note that the transmission of confidential, sensitive, privileged, and/or financial information via email is not secure. Any confidential or personal information requested by Company should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.
Unless specifically requested, Company does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email made available on the website). Accordingly, if you send Company any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts, or demos in any media including photographs, graphics, audiovisual media, or other material (collectively, “Submitted Material”), then unless otherwise indicated on the Site, you grant Company a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereafter invented, including for commercial purposes. In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other content, in connection with such review, comment, or other content. If you send Company any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Company any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Company to use Submitted Material as permitted by the license in this Section. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments, or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.
8. Third Party Websites
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or throughout the Services, including, without limitation, with respect to the payment and delivery of related products or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs, or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Services, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
9. Mobile Features
We may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to communicate with us and other users, interact and post content, or otherwise access features of the Services (collectively, “Mobile Features”). Additional terms may apply to your use of any Mobile Features. We may serve you some or all of our Mobile Features through an application that is owned and operated by us or by a third-party developer. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues.
You agree that the Mobile Features may send communications to your mobile device regarding Company or other parties. Further, we may collect information related to your use of the Mobile Features. If you use any Mobile Features that require us to be aware of your mobile number, you agree to notify us of any changes to your mobile number and update your Account(s) with us to reflect this change.
You agree to defend, indemnify, and hold harmless Company, its affiliates, related entities, divisions, subsidiaries, and parent companies, each of the foregoing’s officers, directors, employees, affiliates, and agents from and against any claims, losses, damages, fines, penalties, or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and/or (iii) your violation of any applicable law or third-party right, including, but not limited to, any copyright, trademark, trade secret, or privacy right related to your user Content (as applicable) or use of the Services.
COMPANY MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY, OR CURRENCY OF ANY INFORMATION ON THIS SITE OR WITHIN THE SERVICES, WHETHER PROVIDED BY COMPANY OR A USER. THE CONTENT AND INFORMATION INCLUDED AS PART OF THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS SITE OR THE SERVERS THAT MAKE THE SITE OR OTHER SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. COMPANY DOES NOT SPONSOR OR ENDORSE ANY PARTICULAR CONTENT, SPECIFIC USERS, OR CONNECTIONS BETWEEN USERS. COMPANY IS LIKEWISE NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN USERS OR OTHERS THAT OCCUR OUTSIDE OF THE SERVICES, WHETHER ONLINE OR IN PERSON. IN ALL SUCH CONNECTIONS AND INTERACTIONS, EACH USER AGREES THAT THEY PROCEED AT THEIR OWN RISK.
12. Limitation of Liabilities
13. Claims of Infringement
Company respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Company will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Company will disable and/or remove access to the Services for Users who are repeat infringers. If you believe that your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Designated Copyright Agent with the following information:
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material, or reference or link to material or activity, you claim is infringing and provide a description of where the infringing work, or reference or link to infringing material or activity, is located on the Services.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
In the event any of the copyrighted work(s) you claim has been infringed is made available on the Services by a person other than Company and system caching as further set forth in the DMCA applies, also include the following statement with respect to such work(s) in the body of the Notice:
“I hereby confirm that the material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Company’s Designated Copyright Agent:
15910 Ventura Blvd, Suite 1500
Encino, CA 91436
Phone: +1 (833) 867-9797
While Company considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that Content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use), you may wish to seek the advice of an attorney.
14. Changes to Services; Termination of Services
16. Notice of Arbitration Provision and Waiver of Jury Trial
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
18. Contact Us
If you have questions about these Terms or the Services, you may contact Company at WWN@laughoutloud.com. You may also contact us at:
15910 Ventura Blvd, Suite 1500
Encino, CA 91436