DailyComedy.com | Terms Of Service

Daily Comedy Terms of Service

No Laughing Matter

Welcome
Welcome to Daily Comedy, a website that allows people to enjoy and share comedy, jokes, humorous material, and images.

Eligibility
Please be aware that DailyComedy.com often contains adult content or content that some may find offensive. You must be 18 years old or older to register as a member/fan of DailyComedy.com or to use the website. If you are under the age of 18, you are not allowed to register and become a member/fan of DailyComedy.com or access DailyComedy.com content, features, and benefits on the website. By using DailyComedy.com, you represent and warrant that you agree to and will abide by all of the terms and conditions of these Terms of Service. DailyComedy.com may terminate your membership and/or prohibit you from using or accessing the website for any reason, at any time.

Use of and membership in DailyComedy.com is void where prohibited. By using DailyComedy.com, you represent and warrant that all registration information you submit is truthful and accurate; that you will maintain the accuracy of such information; that you are 18 years old or older; and that your use of DailyComedy.com does not violate any applicable law or regulation. Your comedy stage and profile may be deleted and your membership may be terminated without warning if we believe that you are under 18 years of age or if you violate a ny of these Terms of Service in our sole discretion.

By using the DailyComedy.com website you agree that you have read, understand, and agree to be bound by these Terms of Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do change anything, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the effective date of new Terms of Service. Your continued use of DailyComedy.com after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, please do not use or access DailyComedy.com. It is YOUR responsibility to regularly review these Terms of Service.

Description Of Service
DailyComedy.com is owned and operated by International Mining And Steel, Inc. and provides users with access to comedy provided by "America's funniest comedians...fresh every day" and to jokes and images posted by DailyComedy.com members/fans (we call them "fans") on their pages, which we call "comedy stages." You also understand and agree that DailyComedy.com may include advertisements and that these advertisements are necessary for DailyComedy.com to provide its content to you. You also understand and agree that DailyComedy.com may include certain communications from DailyComedy.com, such as service announcements and administrative messages, which you cannot opt out of. You also understand and agree that the DailyComedy.com newsletter (which we call the "Weekly Riff") and the "Joke of the Day" are opt-in subscriptions that you can unsubscribe to at any time. Unless explicitly stated otherwise, any new features that augment or enhance the current service, including the release of new DailyComedy.com properties, shall be subject to these Terms of Service.

Member/Fan Conduct
You understand that DailyComedy.com is available for your personal, non-commercial use only. You represent, warrant, and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; OR CONTAIN LIBELOUS, DEFAMATORY, OR OTHERWISE UNLAWFUL MATERIAL. You further agree not to harvest or collect email addresses or other contact information of DailyComedy.com members/fans or the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the website or for any other purpose. You further agree that you may not use the website in any unlawful manner or in any other manner that could damage, disable, overburden, or impair DailyComedy.com and its members/fans/comedians. In addition, you agree NOT to use DailyComedy.com to:

upload, post, email, transmit, or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, including advertising;
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another member/fan;
exploit people in a sexual or violent manner;
involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
use or attempt to use another member/fan's account, service, or comedy stage without authorization from DailyComedy.com, or create a false identity on DailyComedy.com.

Member Account, Password, And Security
You will receive a password and user name after registering on DailyComedy.com. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify DailyComedy.com of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. DailyComedy.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Member/Fan Content Posted on DailyComedy.com
You are solely responsible for the photos, profiles, jokes, bits, and other content that you publish or display on or through DailyComedy.com, or transmit to other members/fans/comedians. You understand and agree that the company may review and delete or remove any member/fan content that in the sole judgment of DailyComedy.com violates these Terms of Service or which International Mining And Steel, Inc. deems might be offensive, illegal, pornographic (including nudity), indecent, or that might violate the rights, harm, or threaten the safety of members/fans/comedians or others.

By posting content to any part of DailyComedy.com, you automatically grant, and you represent and warrant, that you have the right to grant, to DailyComedy.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part), and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing in any media now known or hereafter developed.

You may remove your member/fan content from the website at any time.

Proprietary Rights of Content
All content on DailyComedy.com, including but not limited to design, text, graphics, other files, and their selection and arrangement, are the proprietary property of International Mining And Steel, Inc., its staff comedians, and/or its licensors. All rights reserved. No content may be modified, distributed, or sold in any form or by any means, in whole or in part, without International Mining And Steel, Inc.'s prior written permission. You may download, share, or print a copy of any portion of our content solely for your personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. You may not republish content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation without the express written permission of the copyright holder, which in the case of jokes, bits, and material posted on DailyComedy.com, belong to the comedian or fan who posted the joke. Any other use of the content is strictly prohibited.

All trademarks, logos, trade dress, and service marks on the website are either trademarks or registered trademarks of International Mining And Steel, Inc. or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of International Mining And Steel, Inc.

You shall never challenge or encourage anyone to challenge International Mining And Steel, Inc.'s ownership of or the validity of International Mining And Steel, Inc.'s trademarks, logos, trade dress, service marks, or any application for registration thereof.

You shall not, at any time or in any manner, knowingly or intentionally, engage or perform in any activity or permit any act which may in any way adversely affect any trademark or other rights of International Mining And Steel, Inc. or any registrations or applications for registration thereof or which may directly or indirectly reduce the value of International Mining And Steel, Inc.'s Trademarks or derogate or detract from the repute thereof.

Copyright Policy
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the website, please contact us at editor@DailyComedy.com and provide us with the following information : an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on DailyComedy.com; your address, telephone number, and email address; a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Links to Other Websites
DailyComedy.com may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in other websites, and other websites are not investigated, monitored, or checked for accuracy or completeness by DailyComedy.com. Inclusion of any linked website on or through DailyComedy.com does not imply our approval or endorsement of the linked website. If you decide to leave DailyComedy.com and access other websites, you do so at your own risk.

Member Disputes
You are solely responsible for your interactions with other DailyComedy.com members/fans/comedians. We reserve the right, but have no obligation, to monitor disputes between you and other fans.

Privacy
We care about the privacy of our members/fans. Click here to view DailyComedy.com's Privacy Policy.

Disclaimers
DailyComedy.com is not responsible for any incorrect or inaccurate content posted on DailyComedy.com, whether posted or caused by users of the website, members/fans or by any of the equipment or programming associated with or utilized by DailyComedy.com. DailyComedy.com is not responsible for the conduct, whether online or offline, of any user of the website. DailyComedy.com may be temporarily unavailable from time to time for maintenance or other reasons. DailyComedy.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member/fan communications. DailyComedy.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members/fans or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with DailyComedy.com. Under no circumstances will DailyComedy.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of DailyComedy.com, any content posted on or through DailyComedy.com, or transmitted to members/fans, or any interactions between users of DailyComedy.com or members/fans, whether online or offline.

DailyComedy.com and the content are provided "as-is" and DailyComedy.com disclaims any and all warranties, whether expressed or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement that results from use of the website.

Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will DailyComedy.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of DailyComedy.com, even if the company is aware or has been advised o f the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by you to DailyComedy.com for the service during the term of membership; and (b) one hundred dollars ($100).

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Governing Law and Venue
By visiting or using DailyComedy.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and International Mining And Steel, Inc. or any of its affiliates.
Any dispute relating in any way to DailyComedy.com (including your visit to or use of DailyComedy.com) shall be submitted to confidential arbitration in New York, NY, except that, to the extent you have in any manner violated or threaten to violate International Mining And Steel, Inc. or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. Any claim, action, or proceeding by you related in any way to DailyComedy.com (including your visit to or use of DailyComedy.com) must be instituted within one year after the cause of action arose or be forever waived and barred.

Indemnity
You agree to indemnify and hold International Mining And Steel, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, cause of action or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of DailyComedy.com in violation of this agreement or your violation of any law or the rights of a third party.

Other
These Terms of Service, together with the Privacy Policy and any other policies of International Mining And Steel, Inc. posted by us on the website, constitute the entire agreement between you and International Mining And Steel, Inc. regarding the use of DailyComedy.com, superseding any prior agreements between you and International Mining And Steel, Inc. relating to your use of the website. The failure of International Mining And Steel, Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.