Welcome to the Terms of Service for the Joke Prize application and the www.jokeprize.com website. This is an agreement (“Agreement”) between 7Search.com, Inc. (Joke Prize), the owner and operator of www.jokeprize.com, the Joke Prize mobile application and any Joke Prize services offered via the website or mobile application (collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Platform.
Throughout this Agreement, the words “Joke Prize,” “us,” “we,” and “our,” refer to our company, 7Search.com, Inc. and our Platform, as is appropriate in the context of the use of the words.
The Joke Prize Platform provides information and assists in distributing prizes won from our sister sites ajokeaday.com, spicyjokes.com, chistes.com, chistescalientes.com and their associated mobile applications (collectively “Joke Sites”). If you have any questions regarding prizes or any contests please consult the contest rules located on the specific Joke Site (“Joke Site Contest Rules”).
If you are receiving a message from Joke Prize that likely means that you have won a prize from one of our sister Joke Sites. To claim any prizes you must be eligible and must comply with any Joke Site Contest Rules. Failure to do so may result in the forfeiture of any prizes you have earned through the Joke Sites. In the event that this Agreement and the Joke Site Contest Rules conflict, the Contest Rules shall control and be binding. We reserve the right to cancel any Joke Site Contests at any time and will notify you if we do so via our Joke Sites. If you have any questions or issues, please contact us at firstname.lastname@example.org.
We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
When using our Platform, you are responsible for your use of Joke Prize, and for any use of Joke Prize made using your account. You agree not to access, copy, or otherwise use Joke Prize, including our intellectual property and trademarks, except as authorized by this Agreement or as otherwise authorized in writing by Joke Prize. You agree to abide by the following:
• You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
• You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
• You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
• You will not use automated bots or other software to send more messages through our Platform than humanly possible;
• You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You will not collect or harvest any personally identifiable information, including account names, from the Platform;
• You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Platform or post any User Content that does so;
• You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You agree that you will not hold Joke Prize responsible for your use of our Platform;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to Joke Prize;
• You agree not to interfere with or disrupt the Platform;
• You agree not to hack, spam or phish us or other users;
• You agree to provide truthful and accurate content;
• You agree to not violate any law or regulation and you solely are responsible for such violations;
• You will not use our Platform to post User Content that is false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
• You agree not to use our Platform for any unlawful activity; and
• You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Joke Prize reserves the right to suspend or terminate any account at any time without notice or explanation.
After registering for our Platform, we grant you a personal, non-exclusive, fully revocable, non-commercial, limited license to use and access our Platform. As a user, you do not receive any ownership interest in any portion of our Platform; you merely receive the aforementioned license listed above. All rights not explicitly granted are reserved for Joke Prize. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.
Please be aware that you are responsible for your use of our Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
• You may not share your license with any other parties.
• You may not violate or infringe other people’s intellectual property, privacy, or other rights while using our Platform.
• You may not violate any laws, rules or procedures of the United States including any and all contest laws.
• You may not attempt to transmit any malicious or unsolicited code through our Platform.
• You may not violate any of our additional policies.
• You may not use our Platform except through specific channels provided by us.
• You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
• You may not attempt to interfere with or disrupt our Platform in any way.
• You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you but subject to the licensing provisions below. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified or removed at our discretion.
Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Joke Prize, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
You may be able to access your Platform through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and service provider. Please be sure to check your data plan to understand any relevant costs incurred by your use of our Platform. We cannot be responsible for any fees charged by your data or cellphone carrier.
By accepting or participating in any sweepstakes conducted by the Joke Prize, you, the user, irrevocably agree and consent to the use of your personal information including but not limited to your name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, contact information via third party social media sites, and statements regarding the Joke Prize (collectively “Publicity Rights”), without further compensation or additional consent, in all world-wide marketing and publicity carried out in perpetuity by the Joke Prize. You understand that this release allows us to publish, disclose, use, reproduce, televise, exhibit, disseminate, broadcast, or otherwise distribute your Publicity Rights without further consent or any additional compensation.
Please be aware that advertisers may post advertisements on or via the Platform. You understand that we do not endorse, warrant, or otherwise validate any claims or statements made by such advertisers. If you decide to visit an advertiser website you understand that we have no control over such website and you agree that you are solely responsible for any interactions, correspondence, or transactions with the advertiser. You agree to release us from any liability, damage, or loss incurred by you in relation to an advertiser encountered on our Platform.
Although we will try to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Platform may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Platform will work as stated, or that it will give you the desired results.
Please be aware that our Platform and any information found within it are offered “as-is.” Joke Prize does not endorse and may not verify any of its users or any User Content submitted by users found through the Joke Prize Platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Platform. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Joke Prize with respect to such actions or omissions.
The name “Joke Prize”, the design of the Joke Prize Platformalong with Joke Prize created text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to Joke Prize, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Joke Prize reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY JOKE PRIZE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER 7SEARCH.COM, INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY USER CONTENT; (C) OUR CONTENT AND CONTENT FOUND ON OUR PLATFORM; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JOKE PRIZE OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
JOKE PRIZE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. JOKE PRIZE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. JOKE PRIZE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND JOKE PRIZE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. JOKE PRIZE DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH JOKE PRIZE.
IN NO EVENT SHALL JOKE PRIZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OUR PLATFORM, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR PLATFORM FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. JOKE PRIZE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR PLATFORM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IF A TOTAL DISCLAIMER AND RELEASE OF LIABILITY IS NOT PERMITTED IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 USD.
You agree to defend, indemnify and hold harmless 7Search.com, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
• your use of and access to the Joke Prize Platform;
• your violation of any term of this Agreement; or
• your violation of any third party right, including without limitation any copyright, property, or privacy right.
This defense and indemnification obligation will survive this Agreement and your use of the Joke Prize Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we plan to abide by the Digital Millennium Copyright Act of the United States of America. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our website of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Joke Prize, email@example.com.
Joke Prize and its Platform may only be used by persons 13 years and older. If you are under 13 please stop using our Platform and please do not submit any information to us.
This Agreement shall be governed by the laws in force in the state of Illinois. The offer and acceptance of this contract is deemed to have occurred in the state of Illinois.
Any dispute relating in any way to your visit to our Platform shall be submitted to confidential arbitration in Des Plaines, IL, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules, the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Des Plaines, IL.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Joke Prize are deemed to conflict with each other’s operation, Joke Prize shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
If we determine that any of your actions may harm Joke Prize, we may terminate or suspend your account, or our Platform without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate Platform, you must cease using our Platform. If you wish to terminate your use of our Platform, simply uninstall the mobile application or discontinue use of the Platform. In the event that you terminate your account, you may not receive any eligible prizes that you have won. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our and Platform and may terminate our and Platform at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
The communications between you and Joke Prize use electronic means, whether you visit the Platform or send Joke Prize e-mails, or whether Joke Prize posts notices on the or Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Joke Prize in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Joke Prize provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Platform and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Joke Prize must be sent to our agent for notice to: firstname.lastname@example.org Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: June 2, 2015