Thank you for using the software and website(s) of Humor Me Inc. (“Chukles” “we,” “us,” or “our”).
Our “website and software” under this agreement includes any mobile, desktop, server, or device/embedded software distributed by Chukles Inc. and which you are using.
By accessing our websites or sofware and associated mobile, server, and desktop software, you (the “User”, or “you”) represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms & Conditions (“Agreement”); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Access and Use of Website and Mobile App
• You must be at least 13 years of age to access or use the *.chukl.es website(s) or any of our software without parental supervision. If you are under 13 years of age, please exit the website or software and notify your parents immediately.
• You must abide by and follow the published rules of any games or competitions in which you participate as a result of installing or using our website or software. Abuse of or breaking of published rules for games or competitions including any cheating, SPAMMING, hacking, use of 3rd party or automation techniques to generate false activity or manipulate statistics are subject to system banning and account closure without warning or recourse.
• You cannot access or use the *.chukl.es website(s) or any of our software for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
• You must not modify, adapt, or hack into any system in the chukl.es DNS domain or modify another website so as to falsely imply that it is associated with our company or with any chukl.es system or service.
• You must not transmit any malware, worms, viruses, spyware, keyword loggers, backdoors, trojans, or any code of a destructive nature.
• You must not violate any laws in your jurisdiction (including but not limited to copyright laws).
Ownership, Proprietary Information, and Intellectual Property.
Chukles Intellectual Property
Except for content linked to or from an external source, or content attributed with an alternative license or content available in the public domain, or copyright-protected content improperly uploaded by public users of our website or software in violation of these terms, all other information and materials that appear as part of our websites or sofware (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively, (“Intellectual Property”) are the property of Chukles and or its licensors.
The website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by Chukles you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through our websites or sofware, in whole or in part.
Third party content that is linked to or from our websites or sofware belongs to such third parties or users, as applicable.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows:
Humor Me Inc.,
c/o Squire Sanders (US) LLP,
275 Battery Street 26th Floor, San Francisco,
attn. Matteo G. Daste, Esq.
Limited License; Personal, Business, and Non-Commercial Use Limitation.
You are hereby granted a non-exclusive license to view the content on the website, but only while accessing the website. Except to the extent required for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.
You agree that you are only authorized to visit, view, and retain a copy of pages of the website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the website for any purpose, unless specifically authorized by Chukles.
Unauthorized Use of our Website and Software
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website or software.
You shall not use our websites or sofware for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Third Party Services
From time to time, Chukles may use services provided by persons or entities other than us (“Third-Parties”). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our website, or which may download or connect with through our website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.
Linking Sources to Our Website
If Chukles authorizes you to deep-link your website or a service offered by your website to Chukles in additon to and notwithstanding anything to the contrary, you understand and agree that (1) Chukles has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to Chukles and its technology, including all ownership rights, remain the exclusive property of Chukles; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Chukles may terminate at any time in its sole discretion your access.
Chukles reserves the right, but not the obligation, to remove any linked source if it contains or features any of the following unacceptable content:
i. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech);
ii. References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);
iii. Messages commenting on other users;
iv. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
v. Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;
vi. Language that violates the standards of good taste or the standards of our websites or sofware, as determined by Chukles in its sole discretion.
vii. Content determined by Chukles to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
viii. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
ix. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.
If you see objectionable content or have any questions about this Agreement, please contact Chukles at email@example.com or use the content flagging features found in the software user interface designed for this purpose.
Although Chukles cannot monitor the conduct of its users off the website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Chukles for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS AND LIMITATIONS
a. Disclaimer. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
b. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $5.
You agree to indemnify, defend, and hold harmless Chukles its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website. Chukles reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Chukles in asserting any available defenses.
Changes to this Agreement
Chukles reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of our websites or sofware constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the website.
Modification/Termination of website
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Chukles shall not be liable to you or any third-party for any termination of your access.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, USA, in all disputes arising out of or relating to our websites or sofware. Access to our website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees and costs.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our website.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final agreement regarding access to our website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
——————————- Apple Inc. AppStore SECTION ——————————
per: Apple Inc.’s Appstore Guidelines and Instructions for Minimum Terms of Developer’s End-User License Agreement
Any Humor Me Inc. or Chukles Mobile Applications provided in the Apple App Store are subject to additional terms:
1. Humor Me Inc. will moderate and flag and remove inappropriate content
2. Humor Me Inc. requires that you agree to the terms of this (EULA)
3. Humor Me Inc. and Chukles Mobile Applications provides users a way to flag or report objectionable content and users generating this content
4. Humor Me Inc. will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content
5. Humor Me Inc. maintains a method for ejecting users who violate the terms of the EULA
Legal Compliance: You represent and warrant that (i) you is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement (the EULA), and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.
——————————— END APPLE INC. SECTION ——————————–
Effective Date: September 28, 2013
Last Update: March 11, 2014