This Agreement (the ''Terms of Service'') is between you and Laugh Rocket, a division of
Garthwait & Griffin Films, Inc. (''we,'' ''us,'' or ''Laugh Rocket''), a California corporation 930
Commercial Street, Palo Alto, CA 94303. By accessing and using the Laugh Rocket website,
you hereby agree to these Terms of Service.
1. EXPLANATION: We are currently offering short videos (the “Films”) and other content
on our Web site (the ''Site''). We may add other content and services in the future. We reserve
the right in the future to limit access of some or all of the site to users with a password.
2. USE WITH RESPECT TO COPIES OF FILMS:
You may not make or distribute copies of the Films, or electronically transfer the Films
from one computer to another or over a network. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Films to a human-perceivable form. You may
not modify, transfer, or create derivative works based on the Films or any part thereof. You
may not export or re-export, directly or indirectly, the Films into any country prohibited by
the United States Export Administration Act and the regulations thereunder.
You may not use the Films to: (1) create derivative works; (2) infringe on or violate the intellectual property, privacy, publicity, or other rights of third parties, including, without limitation, the rights of any third parties in any sound recordings, musical compositions, photographs, artwork, literary creations, or other copyrightable works of any kind or nature; or
(3) engage in any defamatory or slanderous conduct.
You understand and agree that the Films may transmit certain information to Company
electronically and automatically. Any information received by Company from this transmission shall be used by Company solely for the purposes of diagnosing or correcting errors,
improving the Films, or notifying you of updates regarding the Films.
To the extent we are technologically able, our intent is to make any unauthorized copying
difficult. You do grant to us and authorize us to place a cookie or other code in any stream
or download to you that would cause your computer to notify us any time you made a copy
onto any kind of transportable storage device such as a CD ROM or DVD and to prevent
you from making such copies of any content streamed and/or downloaded. You also
authorize us to insert files or codes that would prevent emailing of any of the content you
have streamed and/or downloaded from us or other electronic transfer of that content such
as over variations of pure and hybrid peer-to-peer networks.
3. YOUR RIGHTS: Laugh Rocket grants you a non-exclusive, non-transferable, limited right to
access, use and display this Website (the ''Site'') and the materials provided hereon, provided that you comply fully with these Terms of Service. The contents of the Site are only
for your use as a visitor of the Site. You agree not to interrupt, or attempt to interrupt, the
operation of the Site in any way.
We cannot vouch for the accuracy, quality or good sense of messages posted here because we do not claim to read and evaluate them all. You must use your own common
sense to judge, evaluate and decide about the usefulness of what you read here. We also
do not vouch for the quality of the Films available on the Site. Any ratings are our opinion
only and if there are no ratings, we may not have viewed the Films.
4. ACCESS AND USE CHARGES: Currently, there are no charges or fees for access and
use of the Site. Laugh Rocket retains the right to charge fees to access and/or use parts or all of
of the Site in the future.
5. COPYRIGHT AND TRADEMARKS: All materials on the Site, including, without limitation, text, images, software, audio and video clips, databases, e-mails, and posted comments (collectively, the ''Content'') are owned or controlled by Laugh Rocket and/or its licensors,
which retain all right, title, and interest in and to the Content. Your posting of material on
the Site or providing material to Laugh Rocket (other than subject to a written ''Content License
Agreement'' with us) to use on the Site will be deemed a "work-for-hire". In addition, by this
agreement, you assign all right, title, and interest, including copyright, that you have in the
Content. In the event you have any rights in the Content that cannot be assigned, you
agree to waive enforcement worldwide of such rights, as you may have, against Laugh Rocket,
its licensees and assigns. In the event that you have any rights to any of the Content that
cannot be assigned to Laugh Rocket and cannot be waived, you hereby grant to Laugh Rocket, and
its successors, licensees and assigns, an exclusive, worldwide, royalty-free license to use,
reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally
perform, make, have made, sell, offer for sale, and import such Content. You acknowledge
that there are, and may be, future rights that Laugh Rocket may otherwise become entitled to
with respect to the Content that do not yet exist, as well as new uses, media, and means
and forms of exploitation throughout the world exploiting current or future technology yet to
be developed, and you specifically intend the foregoing assignment of rights to Laugh Rocket to
include all such now known or unknown uses, media, and means and forms of exploitation
throughout the world. From time to time, upon Laugh Rocket’s request, you and/or your personnel shall confirm such assignments by execution and delivery of such assignments, confirmations of assignments, or other written instruments as Laugh Rocket may request. Without
limitation of any of the foregoing, Laugh Rocket or its designees shall have the exclusive worldwide right in perpetuity to: manufacture, sell, distribute, and advertise reproductions (visual
and non-visual) embodying the Content; to lease, license, convey or otherwise use or dispose of the Content by any method now or hereafter known, in any field of use; to release
reproductions embodying the Content under any trademarks, tradenames, or labels; to
perform, display, and transmit the Content and to prepare derivative works, and you waive
all rights of attribution and integrity with respect to the Content. In addition, Laugh Rocket or its
designees shall have the exclusive worldwide right in perpetuity to permit any other person, firm, or corporation to do any or all of the foregoing or refrain from doing any and all of
the foregoing.
Post only material that is yours; that is, post only material to which you own the copyright
or have the express written consent of the copyright holder. Direct quotes from published
materials may not be posted without the written permission of the copyright holder. Material posted without permission of the copyright holder will be removed if we learn of such
posting without permission. You may not download, display, reproduce, create derivative
works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for
any public or commercial use without the express written permission of Laugh Rocket.
Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided
you keep intact all copyright and other proprietary notices. Systematic retrieval of data or
other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Laugh Rocket is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these
Terms of Service is prohibited. Your rights to use and make copies of our Films are set
forth in Clause 2 above.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of
Laugh Rocket or its employees, licensors, independent contractors, providers and affiliates (collectively, ''Affiliates'') without the prior written permission of Laugh Rocket or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Laugh Rocket;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies inaccurately that Laugh Rocket sponsors or endorses
or is otherwise connected with your own activities, products and services or
those of third parties.
COPYRIGHT (c) JOKESTV, INC., 200 5 ALL RIGHTS RESERVED.
JOKESTV AND OTHER RELATED MARKS USED ON THIS SITE ARE SERVICE MARKS
OF GARTHWAIT & GRIFFIN FILMS, INC.
6. FORUMS: Laugh Rocket may make available to users of the Site, e-mail notices, newsletters,
chat rooms, message boards, bulletin board services or other interactive communication
facilities by means of the Site (such facilities collectively referred to herein as the ''Forums''). Laugh Rocket cannot review all communications made on or through the Site. However,
Laugh Rocket reserves the right, but has no obligation, to monitor the Forums and edit, modify
or delete any materials which Laugh Rocket in its sole discretion determines to violate this
Agreement or to be in any other way offensive or contrary to any Laugh Rocket policy.
7. COMMUNICATING WITH THE SITE: We expect you to use only language appropriate
for general conversation, with no insulting, racist, obscene or sexually explicit remarks.
You are solely responsible for the content of any transmissions you make to the Site or
any materials you add to the Site, including to any Forum (the ''Communications''). You
shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which
(a) is for commercial purposes or otherwise advertises or solicits for the sale
of goods or services other than for Laugh Rocket goods and/or Laugh Rocket services;
(b) constitutes unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
(c) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(d) constitutes or contains false or misleading indications of origin or statements of fact;
(e) slanders, libels or defames any person or entity;
(f) causes injury of any kind to any person or entity;
(g) infringes or violates the intellectual property rights, contract rights, or any
other rights of any third party;
(h) violates any applicable laws, rules, or regulations; or
(i) contains software viruses or any other malicious code designed to interrupt, damage, destroy, or limit the functionality of any computer software or
hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to
breach the security of the Site. Laugh Rocket and its Affiliates do not endorse or accept any
Communications as its own or representative of its views. We reserve the right, though we
do not have the obligation, to remove without notice any posting that we consider to be in
violation of these Terms of Service, or to diminish the value of this online community. This
includes postings which defame, insult or harass anyone, or that are in any way abusive.
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8. PUBLIC COMMUNICATIONS: You acknowledge and agree that any communications
made to or by means of any portion of the Site are public. You acknowledge that
(a) you have no expectation of privacy in any Communication and
(b) no confidential, fiduciary, contractually implied or other relationship is
created between you and Laugh Rocket by reason of your transmitting a communication to any area of the Site.
By transmitting any communication to the Site, you grant to Laugh Rocket a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license,
distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such communication, in all media now known or later developed. The foregoing grant shall include the
right to exploit any proprietary rights in such communications, including, without limitation,
any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver
of any rights, ''moral rights,'' or any similar rights under any jurisdiction.
9. UNSOLICITED E-MAIL: You agree not to use the Forums or any other area of the Site
to send the same or substantially similar unsolicited electronic mail messages, whether
commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service that in any way involves the use of the
Site or any equipment owned or operated by Laugh Rocket in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it
is sent to a recipient who has not requested or invited the message. For purposes of this
provision, merely making one's e-mail address accessible to the public shall not constitute
a request or invitation to receive messages.
10. ''OPT-IN'' FOR SPECIAL NOTICES: Laugh Rocket may periodically make special offers or
communications to vistors to the Site. If you would like to receive such offers or communications, you may ''Opt-In'' at any time by checking the ''Opt-In'' box that appears on the
email notices, and providing the e-mail address you wish to use to receive such notices.
Selecting the ''Opt-In'' option constitutes acceptance of Laugh Rocket's use of your e-mail address to send you notices pertaining to Laugh Rocket, its products and services, the Site, and
related topics. You always have the option to receive fewer or no communications in the
future from us by opting out. You may opt out by following the instructions included in the
specific communication you no longer wish to receive or by sending an email to
removemyname@LaughRocket.com.
11. INFORMATION PROVIDED: You acknowledge that any reliance upon any advice,
opinion, statement, or other information displayed or distributed through the Site is at your
sole risk. Laugh Rocket reserves the right, in its sole discretion and without notice, to correct any
errors or omissions in any portion of the Site, or to deny access to the Site to anyone at
any time. You acknowledge and agree that Laugh Rocket is not responsible for any materials
posted by users of the Site. Prior to making any decisions based on information posted on
the Site, you are advised to verify the information. Neither Laugh Rocket nor its Affiliates shall
have any liability arising from your acts or decisions based upon the information provided
on the Site.
12. LINKS TO OTHER SITES: The Site may contain links and pointers to other sites on
the Internet that may be maintained by third parties. Such links do not constitute an endorsement by Laugh Rocket of any third-party site or any materials contained therein. Laugh Rocket
does not control, and is not responsible for, the availability, accuracy, or currency of such
third-party sites or any information, content, products or services accessible from such
third-party sites.
13. AGE RESTRICTIONS: You represent and warrant to Laugh Rocket that you are at least
eighteen (18) years old and that you possess the legal right and ability to enter into this
Agreement and to use the Site in accordance with this Agreement.
14. INDEMNIFICATION: You hereby agree to indemnify, defend and hold harmless
Laugh Rocket from and against any and all liability and costs incurred by Laugh Rocket in connection
with any claim arising out of any breach or alleged breach of any of your obligations set
forth herein. You shall cooperate as fully as reasonably required in the defense of any
claim. Laugh Rocket reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you and you shall not in
any event settle any matter without the written consent of Laugh Rocket.
15. DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN,
THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES,
MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY
MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NONINFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JOKESTV MAKE
NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER
ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY
JOKESTV. JOKESTV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL MEET ANY
PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE,
INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEVERTHELESS,
JOKESTV WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE
SITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVEX MALICIOUS
CODE.
16. LIMITATION OF LIABILITY: USE OF THE SITE IS AT YOUR OWN RISK. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR
DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS,
CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE)
ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO
CIRCUMSTANCES SHALL JOKESTV, OR ANY PROVIDER OF
TELECOMMUNICATIONS OR NETWORK SERVICES FOR JOKESTV, BE LIABLE FOR
ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE,
THE SITE OR FEE-BASED SERVICES, EVEN IF JOKESTV HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF JOKESTV IS
LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE
OF THE SITE. YOU HEREBY RELEASE JOKESTV AND THE AFFILIATES FROM ANY
AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
18. TERMINATION: In addition to any other rights of the parties set forth herein, either you
or Laugh Rocket may cancel or terminate your access to the Site. Laugh Rocket also reserves the
right to restrict, suspend or terminate your access to the Site in whole or in part, without
notice, with respect to any breach or threatened breach of any portion of these Terms of
Service. If Laugh Rocket terminates your access based on a breach of any portion of these
Terms of Service, Laugh Rocket reserves the right to refuse to provide use and/or access to all
or part of the Site to you in the future. You acknowledge that Laugh Rocket shall not be liable to
you or any third party for any termination of your access to this Site.
19. MODIFICATIONS:
(a) To the Agreement: Laugh Rocket has the right to modify these Terms of Service and any
policies affecting the Site. Any modification is effective immediately upon posting to the
Site or distribution via electronic mail or conventional mail. Your continued use of the Site
following notice of any modification to these Terms of Service shall be conclusively
deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Laugh Rocket in providing the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the use or access of the
Site, is to terminate your access to the Site.
(b) To the Site: Laugh Rocket has the right to modify, suspend or discontinue the Site or any
portion thereof at any time, including the availability of any area of the Site. Laugh Rocket may
also impose limits on certain features and services or restrict your access to parts or all of
the Laugh Rocket Site without notice or liability. We do not change your message, but we may
edit or move it and/or edit its title in the interest of clarity and coherence of the ongoing
conversation.
20. VIOLATIONS: If you see a message that you believe violates these Terms of Service,
please notify us at bigbiz@LaughRocket.com. If you believe that your work has been copied
and is accessible on this Site in a way that constitutes copyright infringement, you may notify Laugh Rocket. Click here for instructions.
21. GENERAL: These Terms of Service constitute the entire agreement between you and
Laugh Rocket with respect to the Site and supersede all prior agreements between you and
Laugh Rocket with respect to the Site. Failure by Laugh Rocket to enforce any provision of these
Terms of Service shall not be construed as a waiver of any provision or right. Please do
not suggest or encourage illegal activity. (Laugh Rocket will cooperate with law enforcement officials as appropriate.) Interpretation and enforcement of these Terms of Service shall be
governed by the laws of the state of California (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of California for any
action arising out of or relating to your use of the Site. The federal and state courts of
California shall have exclusive jurisdiction over all such actions. In any such action, the
prevailing party shall be entitled to recover all legal expenses incurred in connection with
the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties, and the remainder of
the provisions shall remain in full force and effect.
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