59063 2013-02-01T16:29:54-08:00 97443 false Policy & Legal 6 2015-07-29T00:22:06-07:00 1 1 2013-02-05T15:23:50-08:00 43 31 Cheezburger’s mission is to make the world a happier place, so we don’t allow certain words and phrases to be used on Cheezburger that promote negativity and hate. Our community guidelines define what type of content cannot be uploaded to Cheezburger and what type of behavior violates our terms. We review content that has been flagged due to words and phrases on a case by case basis depending on the context. We also review messages and comments left by registered and non-registered members. Do not use words or phrases that are directly: 1) defamatory, abusive, harassing, threatening, or an invasion of the privacy of another person; (2) are bigoted, hateful, or racially or otherwise offensive; (3) are discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age); (4) are violent, self-mutilating, vulgar, obscene, pornographic or otherwise sexually explicit; (5) are intended to or can reasonably be expected to embarrass or harm any person or entity; (6) are descriptive of illegal and unsafe activities or encourages or advocates unsafe or illegal activity or the discussion of unsafe or illegal activities with the intent to commit them, including material that is, or represents an attempt to engage in, child pornography, murder, stalking, cruelty, abuse, sexual assault, fraud, weapons, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (7) are self-serving, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations). Be advised that we will work with law enforcement to report illegal content that has been uploaded to Cheezburger. Cheezburger agents reserve the right to remove content on a case by case basis. Respect copyright. Only upload pictures that you made or that you have obtained the rights to use. This means don’t upload pictures you didn’t make or use content in your pictures that someone else owns the copyright to, such as pictures made by other users, without their permission. Please visit our Copyright Information page for more information. Violations of the terms of these community guidelines may result in a warning notification or may result in termination of your use of Cheezburger and the deletion of all your content. Cheezburger agents decide if violations of our terms should result in the termination of your account and/or use of the sites.  <p>Cheezburger’s mission is to make the world a happier place, so we don’t allow certain words and phrases to be used on Cheezburger that promote negativity and hate. Our community guidelines define what type of content cannot be uploaded to Cheezburger and what type of behavior violates our terms. We review content that has been flagged due to words and phrases on a case by case basis depending on the context. We also review messages and comments left by registered and non-registered members. <br><br>Do not use words or phrases that are directly: 1) defamatory, abusive, harassing, threatening, or an invasion of the privacy of another person; (2) are bigoted, hateful, or racially or otherwise offensive; (3) are discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age); (4) are violent, self-mutilating, vulgar, obscene, pornographic or otherwise sexually explicit; (5) are intended to or can reasonably be expected to embarrass or harm any person or entity; (6) are descriptive of illegal and unsafe activities or encourages or advocates unsafe or illegal activity or the discussion of unsafe or illegal activities with the intent to commit them, including material that is, or represents an attempt to engage in, child pornography, murder, stalking, cruelty, abuse, sexual assault, fraud, weapons, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (7) are self-serving, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations). Be advised that we will work with law enforcement to report illegal content that has been uploaded to Cheezburger. Cheezburger agents reserve the right to remove content on a case by case basis. <br><br><b>Respect copyright</b>. Only upload pictures that you made or that you have obtained the rights to use. This means don’t upload pictures you didn’t make or use content in your pictures that someone else owns the copyright to, such as pictures made by other users, without their permission. Please visit our Copyright Information page for more information. <br><br>Violations of the terms of these community guidelines may result in a warning notification or may result in termination of your use of Cheezburger and the deletion of all your content. Cheezburger agents decide if violations of our terms should result in the termination of your account and/or use of the sites. <br></p> 97443 3134 54125 2014-09-23T14:09:01-07:00 1 Cheezburger’s mission is to make the world a happier place, so we don’t allow certain words and phrases to be used on Cheezburger that promote nega... community,guidelines,policy,terms,copyright,abuse Community Guidelines 2 43 31 Community Guidelines 2015-08-09T21:29:33-07:00 2262792 1 2013-02-05T15:32:14-08:00 24 9 DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY, AND WE ENCOURAGE YOU TO SEEK YOUR OWN COUNSEL. Posting copyright-infringing content can lead to the termination of your use of Cheezburger, and possibly monetary damages if a copyright owner takes you to court. Here are some GENERAL guidelines to help you determine whether your picture is eligible or whether it infringes someone else’s copyright. Make Sure Your Picture Does Not Infringe Someone Else’s Copyrights YOU create something completely original! If it’s all yours, you never have to worry about the copyright—you own it! Be sure that all components of your picture are your original creation. For example, if someone else’s trademark appears in your photo, you need to obtain permission from the trademark holder in order to post your photo to the Website. Commercial Content Is Copyright-Protected DON’T make copies of copyright-protected content. The most common reason pictures for copyright infringement is that they are direct copies of content owned by another, and the owner has alerted us that the content is being used without permission. Once we become aware of an unauthorized use, we will remove the picture promptly. That is the law. Photos or images owned by somebody else are protected by that person’s copyrights! A Few Guiding Principles It doesn’t matter whether or not you give credit to the owner/author/songwriter—it is still protected by copyright. It doesn’t matter that you are not selling the picture for money—it is still protected by copyright. It doesn’t matter whether or not the picture contains a copyright notice—it is still protected by copyright. It doesn’t matter that you are not selling the picture for money—it is still copyrighted. It doesn’t matter whether other similar pictures appear on our site—it is still protected by copyright. It doesn’t matter if you created a collage of content—even though you edited it together, the individual pieces of content are still protected by copyright. What Will Happen If You Upload Infringing Content Anytime we become aware that a picture or any part of a picture on the Website infringes the copyrights of a third party, we will take it down from the Website. We are required to do so by law. If you believe that a picture on the site infringes your copyright, send us a copyright notice and we will take it down. If you believe that we have removed a picture that you uploaded in error and that you are the copyright owner or have permission, you can file a counter notice and let us know. If you repeatedly post infringing content, your use of the Website will be terminated. This is also a requirement of the law. Using Some Copyright-Protected Content in Your Pictures While pictures that are direct copies of someone else’s content are clear copyright violations, there are certain very limited circumstances in which the use may be legal even without permission. This is known as the “fair use” principle of copyright law. If you would like to learn more about the principle of fair use, below are a few links to websites that discuss it. Please remember, however, that your decision about whether and how to exercise your fair use rights is solely yours, and we at Pet Holdings, Inc. bear no responsibility for your decision. Fair Use Links on the Web http://www.copyright.gov/fls/fl102.html http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/ http://www.copyrightwebsite.com/Info/Law/FairUse.aspx  http://chillingeffects.org/fairuse/   <p></p> <p>DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY, AND WE ENCOURAGE YOU TO SEEK YOUR OWN COUNSEL.</p> <br><p>Posting copyright-infringing content can lead to the termination of your use of Cheezburger, and possibly monetary damages if a copyright owner takes you to court. Here are some GENERAL guidelines to help you determine whether your picture is eligible or whether it infringes someone else’s copyright.</p> <br><p>Make Sure Your Picture Does Not Infringe Someone Else’s Copyrights</p> <br><p>YOU create something completely original! If it’s all yours, you never have to worry about the copyright—you own it! Be sure that all components of your picture are your original creation. For example, if someone else’s trademark appears in your photo, you need to obtain permission from the trademark holder in order to post your photo to the Website.</p> <br><p>Commercial Content Is Copyright-Protected</p> <br><p>DON’T make copies of copyright-protected content. The most common reason pictures for copyright infringement is that they are direct copies of content owned by another, and the owner has alerted us that the content is being used without permission. Once we become aware of an unauthorized use, we will remove the picture promptly. That is the law.</p> <br><p>Photos or images owned by somebody else are protected by that person’s copyrights!</p> <br><p>A Few Guiding Principles</p> <br><ol> <li>It doesn’t matter whether or not you give credit to the owner/author/songwriter—it is still protected by copyright.</li> <li>It doesn’t matter that you are not selling the picture for money—it is still protected by copyright.</li> <li>It doesn’t matter whether or not the picture contains a copyright notice—it is still protected by copyright.</li> <li>It doesn’t matter that you are not selling the picture for money—it is still copyrighted.</li> <li>It doesn’t matter whether other similar pictures appear on our site—it is still protected by copyright.</li> <li>It doesn’t matter if you created a collage of content—even though you edited it together, the individual pieces of content are still protected by copyright.</li> </ol> <br>What Will Happen If You Upload Infringing Content<br><br>Anytime we become aware that a picture or any part of a picture on the Website infringes the copyrights of a third party, we will take it down from the Website. We are required to do so by law. If you believe that a picture on the site infringes your copyright, send us a copyright notice and we will take it down. If you believe that we have removed a picture that you uploaded in error and that you are the copyright owner or have permission, you can file a counter notice and let us know. If you repeatedly post infringing content, your use of the Website will be terminated. This is also a requirement of the law.<br><br>Using Some Copyright-Protected Content in Your Pictures<br><br>While pictures that are direct copies of someone else’s content are clear copyright violations, there are certain very limited circumstances in which the use may be legal even without permission. This is known as the “fair use” principle of copyright law.<p><br>If you would like to learn more about the principle of fair use, below are a few links to websites that discuss it. Please remember, however, that your decision about whether and how to exercise your fair use rights is solely yours, and we at Pet Holdings, Inc. bear no responsibility for your decision.<br><br>Fair Use Links on the Web<br><br></p> <ol> <li><a href="http://www.copyright.gov/fls/fl102.html" target="_blank">http://www.copyright.gov/fls/fl102.html</a></li> <li><a href="http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/" target="_blank">http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/</a></li> <li> <a href="http://www.copyrightwebsite.com/Info/FairUse/FairUse.aspx" target="_blank">http://www.copyrightwebsite.com/Info/Law/FairUse.aspx</a> <br> </li> <li> <a href="http://chillingeffects.org/fairuse/" target="_blank">http://chillingeffects.org/fairuse/</a>  </li> </ol> 97443 588 54128 2014-10-06T10:41:27-07:00 2 copyright,fair use,violations,infringement,tips,digital media laws Copyright Information DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPO... 2 24 9 Copyright Information 2015-07-29T00:22:06-07:00 2262792 1 2013-02-05T16:08:52-08:00 10 2 The following notice applies to this website, and any other website operated by Cheezburger, Inc. (such as ICANHAS.CHEEZBURGER.COM website, FAILBLOG.CHEEZBURGER.COM website, MEMEBASE.CHEEZBURGER.COM website, THEDAILYWHAT.CHEEZBURGER.COM website, and KNOWYOURMEME.COM website). To file a copyright infringement notification with Cheezburger, Inc, you will need to send a written DMCA take down communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.Providing URLs in the body of an email is the best way to help us locate content quickly. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be emailed (attachment is fine) to our designated agent as follows: To: contactus@cheezburger.com Subject: DMCA Take Down Use the attached form as your guide (optional)  Counter-Notification Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. <p></p> <p>The following notice applies to this website, and any other website operated by Cheezburger, Inc. (such as ICANHAS.CHEEZBURGER.COM website, FAILBLOG.CHEEZBURGER.COM website, MEMEBASE.CHEEZBURGER.COM website, THEDAILYWHAT.CHEEZBURGER.COM website, and KNOWYOURMEME.COM website).</p> <br>To file a copyright infringement notification with Cheezburger, Inc, you will need to send a written DMCA take down communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):<br><br><ol> <li>A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li> <li>Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.</li> <li>Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.Providing URLs in the body of an email is the best way to help us locate content quickly.</li> <li>Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.</li> <li>A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.</li> <li>A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li> </ol> <br>Such written notice should be emailed (attachment is fine) to our designated agent as follows:<br><br>To: <a href="mailto:contactus@cheezburger.com">contactus@cheezburger.com</a> <br>Subject: DMCA Take Down <br><br>Use the attached form as your guide (optional) <br><br>Counter-Notification<br>Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.<br> 97443 685 54148 2014-06-19T05:03:28-07:00 3 DMCA Take Down Notice The following notice applies to this website, and any other website operated by Cheezburger, Inc. (such as ICANHAS.CHEEZBURGER.COM website, FAILBLO... DMCA Take Down,copyright infringement,report 2 10 2 DMCA Take Down Notice 2015-07-29T00:22:06-07:00 2262792 1 2013-02-06T11:41:45-08:00 16 8 Cheezburger, Inc. Terms of Service and Use. Last updated on March 5, 2013 We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted. 1. Your Acceptance A. These terms of service (“Terms of Service”) are a binding legal agreement between you and Cheezburger, Inc. (“Cheezburger”), regarding your use of any sites owned by Cheezburger (including but not limited to this website, any of the other Cheezburger Network websites – i.e., the sites listed on CHEEZBURGER.COM/SITES), and any products or services available from the websites (collectively, the “Websites”). Please read these Terms of Service carefully. By accessing or using the Websites, you signify your agreement to (1) these Terms of Service, and (2) the Community Guidelines incorporated here by reference. If you do not agree to any of these terms or the Community Guidelines, please do not use the Websites. B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service. Cheezburger, in its sole discretion, may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 2. The Websites A. These Terms of Service apply to all users of the Websites, including users who are also contributors of content, information, and other materials or services on the Websites. B. The Websites may contain links to third party websites that are not owned or controlled by Cheezburger. Cheezburger has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cheezburger will not and cannot censor or edit the content of any third-party site. By using the Websites, you expressly relieve Cheezburger from any and all liability arising from your use of any third-party website. 3. General Use of the Websites — Permissions and Restrictions Cheezburger hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Websites as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Websites, including but not limited to Content and User Submissions (each as defined below), without Cheezburger’s prior written authorization. B. You agree not to alter or modify any part of the Websites, including but not limited to Cheezburger’s technologies. C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any as authorized by this Terms of Service or a written agreement between you and Cheezburger. D. You agree not to use the Websites for any commercial use without the prior written authorization of Cheezburger. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Cheezburger’s express approval: 1. Sale of access to the Websites, Content or services via another website or medium (such as a mobile application); 2. Use of the Websites, Content or services for the purpose of gaining advertising or subscription revenue; 3. The sale of advertising, on the Websites or any third-party website, targeted to the content of specific User Submissions or the Content; 4. Any use of the Websites, Content, User Submissions or services that Cheezburger finds, in its sole discretion, has the effect of competing with or displacing the market for the Websites, Content or User Submissions. E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the Cheezburger servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Cheezburger grants the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cheezburger reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions. F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations. G. You agree not to impersonate any person or organization. H. You agree not to harass any other user. I. Cheezburger reserves the right to discontinue any aspect of the Websites or services at any time. 4. Your Use of Content on the Website In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Websites. A. The content on the Websites, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cheezburger, subject to copyright and other intellectual property rights under the law. Content on the Websites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Cheezburger reserves all rights not expressly granted in and to the Websites and the Content. B. You may access User Submissions solely: 1. For your information and personal use in accordance with these Terms of Service; and 2. As intended through the normal functionality of the Websites. C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Websites. User Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement. D. You may access Content, User Submissions and other content only as permitted under this Agreement. Cheezburger reserves all rights not expressly granted in and to the Content and the Websites. E. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites for any commercial purposes. F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein. G. You understand that when using the Websites, you will be exposed to User Submissions from a variety of sources, and that Cheezburger is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cheezburger with respect thereto, and agree to indemnify and hold Cheezburger, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Websites. H. API, RSS FEED AND “ADD TO YOUR BLOG” FUNCTIONALITY. From time to time Cheezburger may allow you to access and display Content via an application protocol interface (API), RSS Feed, linking mechanism (e.g., “Add To Your Blog”), or other means (“Permitted Distribution Mechanisms”). All such usage must comply with this Terms of Service and any applicable Permitted Distribution Mechanisms terms posted by Cheezburger. For example, you may not aggregate the Content on your website or application, whether through an RSS Feed or otherwise, and any such aggregation is an express violation of the Terms of Service. Similarly, any commercial exploitation of the Content by you (without the express written or email authorization of Cheezburger) is a violation of the Terms of Service. You may access the Content through the API, you may do so with the prior written or email consent of Cheezburger, and by using the Cheezburger API you agree to the API Terms of Service located at our API Terms Of Service Page. You may only use the Permitted Distribution Mechanisms in connection with a non-commercial application or website unless otherwise permitted by Cheezburger in writing. By way of example, your application must be free of charge, and you may not sell or monetize your application or website in any manner, including, but not limited to, charging end users to obtain your application or displaying advertisements via your application or website or banner advertisements on or around the Content. Cheezburger may revoke your right to use any Permitted Distribution Mechanism in its sole discretion. Cheezburger may limit the nature and amount of Content you access via a Permitted Distribution Mechanism in its sole discretion. 5. Your User Submissions and Conduct A. You may submit content (e.g., photographs, graphics, videos) and/or user comments (“User Comments”) to Cheezburger. User submitted content and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Cheezburger does not guarantee any confidentiality with respect to any User Submissions. B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Cheezburger to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service. C. For clarity, you retain ownership of all copyrights you may have in your User Submissions. However, by submitting User Submissions to Cheezburger, you hereby grant Cheezburger a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions (in whole or in part), for any purpose whatsoever, and to incorporate User Submissions in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the User Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the User Submissions for promotional purposes, whether to promote the Websites, other Cheezburger products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by Cheezburger to exploit any User Submissions. By way of further clarification, Cheezburger may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for Cheezburger to exercise its rights under the foregoing license, you hereby grant Cheezburger a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service. D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cheezburger all of the license rights granted herein. E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time. F. Cheezburger does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cheezburger expressly disclaims any and all liability in connection with User Submissions. Cheezburger does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Cheezburger will remove all Content and User Submissions if properly notified in a manner consistent with law and Cheezburger’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. Cheezburger reserves the right to remove Content and User Submissions without prior notice. G. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose. 6. Termination Policy A. You may terminate your use of the Website at any time. Cheezburger may suspend or terminate your access to the Websites or terminate these Terms of Service, at any time, for any reason. If Cheezburger suspects that you have violated any provision of these Terms of Service, Cheezburger may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Websites, even after you have stopped using the Websites. B. Cheezburger reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Cheezburger may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. 7. Copyright Infringement A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Cheezburger’s designated Copyright Agent to receive notifications of claimed infringement is: Attention: Copyright Agent Cheezburger, Inc. 200 W Thomas St., Suite 200 Seattle, WA 98119 You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid. B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent: 1. Your physical or electronic signature; 2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Cheezburger may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cheezburger’s sole discretion. C. Repeat Infringers. Cheezburger will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others. 8. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE WEBSITES OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE WEBSITES, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND CHEEZBURGER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHEEZBURGER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. CHEEZBURGER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHEEZBURGER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 9. Limitation of Liability IN NO EVENT SHALL CHEEZBURGER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITES, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE MAXIMUM TOTAL LIABILITY OF CHEEZBURGER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $25.00. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. The Websites are controlled and offered by Cheezburger from its facilities in the United States of America. Cheezburger makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with their local law. 10. Indemnity You agree to defend, indemnify and hold harmless Cheezburger, its managers, members, 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: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to Cheezburger. This defense and indemnification obligation will survive these Terms of Service and your termination of use of the Websites. 11. Privacy Cheezburger may collect registration and other information about you through the Websites. Cheezburger’s collection, use, and disclosure of this information are governed by the Cheezburger Privacy Policy available at http://corp.cheezburger.com/legal/privacy-policy/. 12. Paid Products and Services Some of our Websites allow you to purchase products and service from Cheezburger or its suppliers. You will be asked to provide billing information (e.g., your credit card information) and to authorize a charge to your credit card for the applicable fees, taxes and shipping, as applicable. Generally, charges associated with your purchase of Cheezburger’s products and services will appear on your credit card bill as Cheezburger Network. You represent and warrant that you have the right and authority to charge payment to the account associated with the credit card information you submit. If you have any questions about a purchase you made on our Websites and the corresponding credit card charges, please contact us at contactus@cheezburger.com. All sales are subject to Cheezburger’s Terms of Sale which are incorporated herein by reference in their entirety. 13. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. 14. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cheezburger without restriction. 15. General By using the Websites, you consent to receiving electronic communications from Cheezburger. These communications will include notices about your account and information concerning or related to the Websites and/or Cheezburger products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 16. Applicable Law These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 17 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION. 17. Agreement to Arbitrate This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR CHEEZBURGER’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Cheezburger concerning the Websites or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Notwithstanding the foregoing or anything to the contrary herein, neither you or Cheezburger are required to resolve claims in accordance with this Section 17 with respect to disputes arising from a wet signature written agreement between you and Cheezburger which was signed by an authorized signatory of each party (for purposes of this exception only, a “click-wrap” or “browse-wrap” agreement shall not be construed as a written agreement). 17.1 Notice of Dispute In the event of a dispute, you or Cheezburger must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to: Cheezburger Inc. at XXXXX,WA XXXXX or to XXXX@cheezburger.com. Cheezburger will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Cheezburger will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Cheezburger may commence arbitration. 17.2. Small claims court You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first. 17.3. Binding arbitration If you and Cheezburger don’t resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. 17.4. Prohibition of Class and Representative Actions and Non-Individual Actions You and Cheezburger agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and Cheezburger agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other Cheezburger users. 17.5 Future Changes to the Arbitration Agreement Notwithstanding any provision in the Terms of Service to the contrary, you and we agree that if we make any change to the Agreement to Arbitrate (other than a change of any notice address or website link provided herein) in the future, that change shall not apply to any claim of which you provided Cheezburger with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Service, any such termination shall not be effective until 30 days after the version of the Agreement to Arbitrate is posted to http://cheezburger.com and shall not be effective as to any claim of which you provided Cheezburger with written notice prior to the date of termination. 18. Severability These Terms of Service, together with any other legal notices published by Cheezburger on the Websites, shall constitute the entire agreement between you and Cheezburger concerning the Websites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Cheezburger’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Cheezburger reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Websites following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CHEEZBURGER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 19. Contacting Cheezburger If you have any questions or concerns about these Terms of Service or the Websites, please send us a thorough description by email to contactus@cheezburger.com. <p></p> <section><b>Cheezburger, Inc. Terms of Service and Use. Last updated on March 5, 2013</b><div><b><br></b></div> <div> <i>We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.</i> </div> <div> <p><br></p> <p><strong>1. Your Acceptance</strong><br>A. These terms of service (“Terms of Service”) are a binding legal agreement between you and Cheezburger, Inc. (“Cheezburger”), regarding your use of any sites owned by Cheezburger (including but not limited to this website, any of the other Cheezburger Network websites – i.e., the sites listed on CHEEZBURGER.COM/SITES), and any products or services available from the websites (collectively, the “Websites”). Please read these Terms of Service carefully. By accessing or using the Websites, you signify your agreement to (1) these Terms of Service, and (2) the Community Guidelines incorporated here by reference. If you do not agree to any of these terms or the Community Guidelines, please do not use the Websites.<br>B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service. Cheezburger, in its sole discretion, may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.</p> <p><br></p> <p><strong>2. The Websites</strong><br>A. These Terms of Service apply to all users of the Websites, including users who are also contributors of content, information, and other materials or services on the Websites.<br>B. The Websites may contain links to third party websites that are not owned or controlled by Cheezburger. Cheezburger has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cheezburger will not and cannot censor or edit the content of any third-party site. By using the Websites, you expressly relieve Cheezburger from any and all liability arising from your use of any third-party website.<br><strong><br>3. General Use of the Websites — Permissions and Restrictions</strong><br>Cheezburger hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Websites as set forth in these Terms of Service, provided that:<br>A. You agree not to distribute in any medium any part of the Websites, including but not limited to Content and User Submissions (each as defined below), without Cheezburger’s prior written authorization.<br>B. You agree not to alter or modify any part of the Websites, including but not limited to Cheezburger’s technologies.<br>C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any as authorized by this Terms of Service or a written agreement between you and Cheezburger.<br>D. You agree not to use the Websites for any commercial use without the prior written authorization of Cheezburger. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Cheezburger’s express approval:<br>1. Sale of access to the Websites, Content or services via another website or medium (such as a mobile application);<br>2. Use of the Websites, Content or services for the purpose of gaining advertising or subscription revenue;<br>3. The sale of advertising, on the Websites or any third-party website, targeted to the content of specific User Submissions or the Content;<br>4. Any use of the Websites, Content, User Submissions or services that Cheezburger finds, in its sole discretion, has the effect of competing with or displacing the market for the Websites, Content or User Submissions.<br>E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the Cheezburger servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Cheezburger grants the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cheezburger reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.<br>F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations.<br>G. You agree not to impersonate any person or organization.<br>H. You agree not to harass any other user.<br>I. Cheezburger reserves the right to discontinue any aspect of the Websites or services at any time.</p> <p><br></p> <p><strong>4. Your Use of Content on the Website</strong><br>In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Websites.<br>A. The content on the Websites, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Cheezburger, subject to copyright and other intellectual property rights under the law. Content on the Websites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Cheezburger reserves all rights not expressly granted in and to the Websites and the Content.<br>B. You may access User Submissions solely:<br>1. For your information and personal use in accordance with these Terms of Service; and<br>2. As intended through the normal functionality of the Websites.<br>C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Websites. User Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.<br>D. You may access Content, User Submissions and other content only as permitted under this Agreement. Cheezburger reserves all rights not expressly granted in and to the Content and the Websites.<br>E. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites for any commercial purposes.<br>F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.<br>G. You understand that when using the Websites, you will be exposed to User Submissions from a variety of sources, and that Cheezburger is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cheezburger with respect thereto, and agree to indemnify and hold Cheezburger, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Websites.<br>H. API, RSS FEED AND “ADD TO YOUR BLOG” FUNCTIONALITY. From time to time Cheezburger may allow you to access and display Content via an application protocol interface (API), RSS Feed, linking mechanism (e.g., “Add To Your Blog”), or other means (“Permitted Distribution Mechanisms”). All such usage must comply with this Terms of Service and any applicable Permitted Distribution Mechanisms terms posted by Cheezburger. For example, you may not aggregate the Content on your website or application, whether through an RSS Feed or otherwise, and any such aggregation is an express violation of the Terms of Service. Similarly, any commercial exploitation of the Content by you (without the express written or email authorization of Cheezburger) is a violation of the Terms of Service. You may access the Content through the API, you may do so with the prior written or email consent of Cheezburger, and by using the Cheezburger API you agree to the API Terms of Service located at our API Terms Of Service Page. You may only use the Permitted Distribution Mechanisms in connection with a non-commercial application or website unless otherwise permitted by Cheezburger in writing. By way of example, your application must be free of charge, and you may not sell or monetize your application or website in any manner, including, but not limited to, charging end users to obtain your application or displaying advertisements via your application or website or banner advertisements on or around the Content. Cheezburger may revoke your right to use any Permitted Distribution Mechanism in its sole discretion. Cheezburger may limit the nature and amount of Content you access via a Permitted Distribution Mechanism in its sole discretion.</p> <p><br></p> <p><strong>5. Your User Submissions and Conduct</strong><br>A. You may submit content (e.g., photographs, graphics, videos) and/or user comments (“User Comments”) to Cheezburger. User submitted content and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Cheezburger does not guarantee any confidentiality with respect to any User Submissions.<br>B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Cheezburger to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service.<br>C. For clarity, you retain ownership of all copyrights you may have in your User Submissions. However, by submitting User Submissions to Cheezburger, you hereby grant Cheezburger a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions (in whole or in part), for any purpose whatsoever, and to incorporate User Submissions in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the User Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the User Submissions for promotional purposes, whether to promote the Websites, other Cheezburger products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by Cheezburger to exploit any User Submissions. By way of further clarification, Cheezburger may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for Cheezburger to exercise its rights under the foregoing license, you hereby grant Cheezburger a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.<br>D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cheezburger all of the license rights granted herein.<br>E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.<br>F. Cheezburger does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cheezburger expressly disclaims any and all liability in connection with User Submissions. Cheezburger does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Cheezburger will remove all Content and User Submissions if properly notified in a manner consistent with law and Cheezburger’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. Cheezburger reserves the right to remove Content and User Submissions without prior notice.<br>G. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.</p> <p><br></p> <p><strong>6. Termination Policy</strong><br>A. You may terminate your use of the Website at any time. Cheezburger may suspend or terminate your access to the Websites or terminate these Terms of Service, at any time, for any reason. If Cheezburger suspects that you have violated any provision of these Terms of Service, Cheezburger may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Websites, even after you have stopped using the Websites.<br>B. Cheezburger reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Cheezburger may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.</p> <p><br></p> <p><strong>7. Copyright Infringement</strong><br>A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):<br>1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;<br>2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;<br>3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;<br>4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;<br>5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and<br>6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<br>Cheezburger’s designated Copyright Agent to receive notifications of claimed infringement is:<br>Attention: Copyright Agent<br>Cheezburger, Inc.<br>200 W Thomas St., Suite 200<br>Seattle, WA 98119<br>You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.<br>B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:<br>1. Your physical or electronic signature;<br>2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;<br>3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and<br>4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement.<br>If a counter-notice is received by the Copyright Agent, Cheezburger may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cheezburger’s sole discretion.<br>C. Repeat Infringers. Cheezburger will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.</p> <p><br></p> <p><strong>8. Warranty Disclaimer</strong><br>YOU AGREE THAT YOUR USE OF THE WEBSITES OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE WEBSITES, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND CHEEZBURGER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHEEZBURGER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. CHEEZBURGER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CHEEZBURGER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.</p> <p><br></p> <p><strong>9. Limitation of Liability</strong><br>IN NO EVENT SHALL CHEEZBURGER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITES, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.<br>THE MAXIMUM TOTAL LIABILITY OF CHEEZBURGER, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $25.00. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.<br>The Websites are controlled and offered by Cheezburger from its facilities in the United States of America. Cheezburger makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with their local law.</p> <p><br></p> <p><strong>10. Indemnity</strong><br>You agree to defend, indemnify and hold harmless Cheezburger, its managers, members, 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: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to Cheezburger. This defense and indemnification obligation will survive these Terms of Service and your termination of use of the Websites.</p> <p><br></p> <p><strong>11. Privacy</strong><br>Cheezburger may collect registration and other information about you through the Websites. Cheezburger’s collection, use, and disclosure of this information are governed by the Cheezburger Privacy Policy available at http://corp.cheezburger.com/legal/privacy-policy/.</p> <p><br></p> <p><strong>12. Paid Products and Services</strong><br>Some of our Websites allow you to purchase products and service from Cheezburger or its suppliers. You will be asked to provide billing information (e.g., your credit card information) and to authorize a charge to your credit card for the applicable fees, taxes and shipping, as applicable. Generally, charges associated with your purchase of Cheezburger’s products and services will appear on your credit card bill as Cheezburger Network. You represent and warrant that you have the right and authority to charge payment to the account associated with the credit card information you submit. If you have any questions about a purchase you made on our Websites and the corresponding credit card charges, please contact us at contactus@cheezburger.com. All sales are subject to Cheezburger’s Terms of Sale which are incorporated herein by reference in their entirety.</p> <p><br></p> <p><strong>13. Ability to Accept Terms of Service</strong><br>You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.</p> <p><br></p> <p><strong>14. Assignment</strong><br>These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cheezburger without restriction.</p> <p><br></p> <p><strong>15. General</strong><br>By using the Websites, you consent to receiving electronic communications from Cheezburger. These communications will include notices about your account and information concerning or related to the Websites and/or Cheezburger products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.</p> <p><br></p> <p><strong>16. Applicable Law</strong><br>These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles.</p> <p>PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 17 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.</p> <p><br></p> <p><strong>17. Agreement to Arbitrate</strong><br>This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR CHEEZBURGER’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Cheezburger concerning the Websites or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Notwithstanding the foregoing or anything to the contrary herein, neither you or Cheezburger are required to resolve claims in accordance with this Section 17 with respect to disputes arising from a wet signature written agreement between you and Cheezburger which was signed by an authorized signatory of each party (for purposes of this exception only, a “click-wrap” or “browse-wrap” agreement shall not be construed as a written agreement).<br>17.1 Notice of Dispute<br>In the event of a dispute, you or Cheezburger must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to: Cheezburger Inc. at XXXXX,WA XXXXX or to XXXX@cheezburger.com. Cheezburger will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Cheezburger will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Cheezburger may commence arbitration.<br>17.2. Small claims court<br>You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.<br>17.3. Binding arbitration<br>If you and Cheezburger don’t resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.<br>17.4. Prohibition of Class and Representative Actions and Non-Individual Actions<br>You and Cheezburger agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and Cheezburger agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other Cheezburger users.<br>17.5 Future Changes to the Arbitration Agreement<br>Notwithstanding any provision in the Terms of Service to the contrary, you and we agree that if we make any change to the Agreement to Arbitrate (other than a change of any notice address or website link provided herein) in the future, that change shall not apply to any claim of which you provided Cheezburger with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Service, any such termination shall not be effective until 30 days after the version of the Agreement to Arbitrate is posted to http://cheezburger.com and shall not be effective as to any claim of which you provided Cheezburger with written notice prior to the date of termination.</p> <p><br></p> <p><strong>18. Severability</strong><br>These Terms of Service, together with any other legal notices published by Cheezburger on the Websites, shall constitute the entire agreement between you and Cheezburger concerning the Websites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Cheezburger’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Cheezburger reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Websites following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CHEEZBURGER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.</p> <p><br></p> <p><strong>19. Contacting Cheezburger</strong><br>If you have any questions or concerns about these Terms of Service or the Websites, please send us a thorough description by email to contactus@cheezburger.com.</p> </div></section><p></p> 97443 421 54484 2014-07-02T02:45:04-07:00 4 Terms of Service & Use Cheezburger, Inc. Terms of Service and Use. Last updated on February 6, 2013 We may change or update this policy from time to time. Notice of any c... Terms,Service,Use,Guidelines,Legal,Privacy,Warranty,Agreement,Policy 2 16 8 Terms of Service & Use 2015-08-18T01:37:15-07:00 2262792 1 2013-02-06T11:47:58-08:00 4 1 Cheezburger, Inc. API Terms of Use. Last updated on February 6, 2013 We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted. The following API terms of use agreement (the “Agreement”) sets forth the standard terms pursuant to which Cheezburger (the “Company”) makes available its application protocol interface (the “API”) to you (the “Service”). BY SUBMITTING AN APPLICATION, YOU (AND THE ORGANIZATION THAT YOU REPRESENT, IF ANY) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT AND WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE API. 1. SERVICE. 1.1. License. (a) Granted To You. The API is an application that allows you to interface with the Company’s database to access, submit and view photographs, images, graphics, text, audio/visual works, and/or videos (the “Content”). Subject to the terms of this Agreement and provided that the Company approves your application, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, limited license to: (i) implement the API in your application so that it (your application) can access and query the Content, and (ii) display the Content to consumers for their own personal viewing. In other words, you may develop, distribute, or host an application (e.g., a web site, mobile device application, personal computer application) that is designed to access and query the Content solely via the API. This license is without the right to sub-license. (b) Granted To End Users. By way of a separate license, the Company grants consumers who utilize your application (the “End Users”) a revocable, non-exclusive, non-transferable, non-assignable, limited license to view the Content as presented to the End Users for their own personal use. This license is also without the right to sub-license. (c) Non-Commercial Use Only. You may only use the Service in connection with a non-commercial application. Your application must be free of charge, and you may not sell or monetize your application in any manner, including, but not limited to, charging end users to obtain your application or displaying advertisements via your application or banner advertisements on or around the Content. (d) Pre-Approval Required. The license described in 1.1(a) above is contingent on you submitting all application-related materials that are requested by the Company and the Company subsequently approving your application. The Company may approve or reject your application in its sole discretion. The approval of your application by the Company shall not constitute an endorsement or legal review of your application. (e) Reservation of Rights. Any rights not expressly granted in this Agreement are reserved by the Company. You have no rights in the Content except to display the Content via your application, as the Content constitutes the intellectual property of the Company and its licensors, however, if your application allows you or end users to submit their own respective content to the Company, such content shall be subject to the Company’s submission policy set forth at http://corp.cheezburger.com/submissions/ (including, but not limited to, the terms of use and community guidelines set forth therein), which is incorporated herein by reference . Any use of the Content outside the scope of this Agreement (e.g., modification, creation of derivative works) shall constitute copyright infringement and/or other violations of the Company’s intellectual property rights. 1.2. General Requirements and Restrictions. The above license is subject to the following general restrictions: (a) you shall not submit any false or misleading information in your registration application to access and use the Service; (b) any application you develop utilizing the API shall be designed to access and use the Content only as allowed by this Agreement; (c) you shall not access or attempt to access the Company’s Content database other than through the API; (d) you shall not falsify or alter any unique identifier (e.g., API Key (defined below)) in, or assigned to, your application, or otherwise obscure or alter the source of queries coming from your application; (e) if requested by the Company, you shall provide instructions on how the Company can access any application you have developed utilizing the Service; (f) if you implement the API on a restricted web site, you shall provide the Company with a log-in name and password that will allow the Company to access the web site; (g) you shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service, other than as provided in this Agreement; (h) you shall not violate or attempt to violate the security of the Service (e.g., accessing a server or account you do not have authorization for; attempting to test, scan, probe, or hack the vulnerability of the API or any network used by the API; attempting to circumvent any authentication measures; overloading, flooding, or pinging the API); (i) you shall not transit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others; (j) you shall not use the Service in a manner that, in the Company’s sole reasonable discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply with or is inconsistent with this Agreement; (k) you shall communicate the End User terms in Section 1.5 to End Users and shall obtain their agreement to such terms via a click-wrap, browse-wrap or written agreement; (l) the between you and any End User shall specifically state that the Company:(i) is a third party beneficiary of the agreement; and (ii) shall have the right to enforce the terms of the agreement; (m) you shall not use the Service in any manner that exposes the Company to any harm or liability of any nature; (n) you shall not make any representations or warranties about the Service to any third party; and (o) you shall not use the Service in violation of any federal, state, or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause the Company to violate any such laws, rules, or regulations; and (p) to the extent your applications allows you or end users to submit Content to the Company, you agree to the Company’s submission policy set forth at http://corp.cheezburger.com/submissions/ (including, but not limited to, the terms of use and community guidelines set forth therein). 1.3 Content-Related Restrictions. The above license is subject to the following restrictions regarding the Content: (a) you may not remove or affix your own watermarks, attributions (e.g., copyright) or other identifying notes on, within or embedded in the Content; (b) you shall not retain or store any Content for any reason; (c) you may only provide the Content to End Users on an “as is” basis and pursuant to the terms of this Agreement; and (d) you shall remove any Content immediately upon receipt of email or other notice from the Company. 1.4 Technical Restrictions. (a) Calls Per Day. Your free use of the Service is limited to a set number of calls to the API per day per API Key. If you exceed this per-day limit, the API will temporarily stop working for you. If you exceed the limit on more than one (1) occasion, your access to and use of the Service may be permanently terminated. If you would like to request an increased volume of API calls for your API Key, please send your request (including your contact information and description of intended use to api@cheezburger.com. The Company reserves the right to change the call per day limit at any time in its sole discretion. Your account information set forth on the developer website will contain your per day call limit. (b) Throttle Rate. The rate at which the API may be called (the “Throttle Rate”) will be set forth in your account information on the developer website. You will not attempt to circumvent any technical measures we may put in place to enforce the Throttle Rate. The Company reserves the right to change the Throttle Rate at any time in its sole discretion. 1.5 End User Terms. The following terms (the “End User Terms”) must be clearly and unambiguously communicated to, and agreed to by, End Users: (a) License. By using this application to obtain the Content from the Company’s database, End Users are entering into an agreement the Company governing their use of the Content. End Users may only view the Content for their own personal viewing pleasure, and may not: (i) publish, offer, sell, license, transmit, distribute, reproduce, or modify the Content in any manner; (ii) retain or store any Content (iii) use the Content as part of a CD-ROM disc or other stand-alone product; (iv) use the Content in any manner that exposes the Company to any harm or liability of any nature; and (v) use the Content in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future. (b) The Content. The Content may be changed, updated, or deleted without notice at any time and for any reason. (c) The API. End Users may only access the API solely as necessary to obtain the Content from the Company’s database in accordance with these End User Terms. (d) Trademarks. End Users are not granted any license in connection with the Company’s trade names, logos, and other trademarks and service marks, and may not copy, reproduce, publish, or display them. (e) Termination. The Company may terminate the license to access and view the Content at anytime. In the event that you lose the rights licensed by the Company under this Agreement, End Users will no longer be able to obtain the Content from the Company’s database via your application; (f) Representations. End Users represent and warrant that they have the authority to enter into an agreement with the Company governing their use of the Content and that they will comply with these End User Terms. (g) Disclaimer of Warranties. The Content is provided to End Users on an “as is” basis without warranties of any kind. (h) Limitation on Liability. The Company will not be liable to End Users in any manner in connection with their use of the Content. (i) Indemnification. End Users shall indemnify, defend, and hold harmless the Company from and against all claims, actions, and judgments arising out of their use of the Content. (j) Third Party Beneficiary. The Company shall be a third party beneficiary of any agreement between you and any End User, and shall have the right to enforce the terms of any such agreement. (k) Content Submissions. If you submit Content to the Company via API, you agree to the Company’s submission policy set forth at http://icanhascheezburger.com/submissions/ (including, but not limited to, the terms of use and community guidelines set forth therein). 1.6 API Key. After approval of your application for access to the Service, you will be assigned a unique key that is associated with your Company developer account (the “API Key”). The API Key enables your application to access and use the Service on a nonexclusive basis. All calls to the API made by your application must include your API Key. You must keep you API Key confidential and you may not share it with any third party. You will use only a single Mashery.com account to request API Keys from the Company. You are solely and entirely responsible for all uses of the Service occurring under your API Key. The Company will only issue one (1) API Key per developer or organization. 1.7 Violations. If you become aware of a breach of any part of this Agreement by you or any End User, you shall take prompt commercially reasonable actions to remedy such violation. Further, you shall notify the Company of such violation via api@cheezburger.com. 1.8 Fee for Use. At this time, the Service is offered and provided without charge; however, the Company reserves the right to implement a fee and payment terms for use at any time in its sole discretion. In the event that the Company elects to charge a fee for the Service, you will not be charged for the Service unless we obtain your prior agreement to pay such charges. You may elect to stop using the service rather than incur fees. 1.9 The Content. The Content accessible via the API may be changed, updated, or deleted without notice for any reason in the Company’s sole discretion. 1.10 Future Versions. The Company reserves the right to release subsequent versions of the Service and to require you to obtain and use the most recent version. 1.11 Availability/Support. The Company has no obligation to provide you any support or maintenance. Furthermore, the Company shall not be liable for losses or damages you may incur due to any errors or omissions in the Content, or due to your inability to access the Content due to disruption of the Service. If the Company chooses in its sole discretion to provide you support or maintenance, such service shall be provided “as-is”, without any warranties whatsoever. 1.12 Featured Application. The Company may feature your application via any medium, including its online properties. At its sole discretion, the Company may select your application for featuring, in which case the posted content may include: (i) your name or the name of the entity you represent; (ii) your trade names, logos, trademarks, or service marks, or the trade names, logos, trademarks, or service marks of the entity that you represent; (iii) a screen shot of your application; (iv) a short text description; and (v) a link to your application’s web site. If your application is selected, you grant the Company a non-exclusive, worldwide, royalty-free limited license to use, copy, reproduce, publish, perform and distribute the content described above (including any trade names, logos, trademarks, or service marks) for purposes of featuring your application. 2. BRANDING. 2.1 No Affiliation. You may not suggest to users in any manner that you are affiliated or endorsed by the Company, including, but limited to, by using any trademarks of the Company within your application unless permitted by this Agreement or authorized by the Company. You may include a link to the website applicable to the Content you make available in response to an end user query (a list of such sites are listed at http://cheezburger.com/sites); provided that you include the following statement (text only): “Content provided by license from the Cheezburger Network—this application is not offered nor endorsed by Cheezburger, Inc.” 2.2 Trademarks. (a) License. The Content may include the trade names, logos, and other trademarks and services marks of the Company (collectively, “Trademarks”). You may not remove, alter, or exploit the Trademarks in any manner. The Trademarks are the property of the Company, and you shall not, by virtue of this Agreement, obtain or claim any right, title, or interest to or in the Trademarks. By way of example and not limitation, you may not: (i) display a Trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by the Company (other than your involvement with the Service), or could reasonably be interpreted to suggest editorial content has been authored by, or represents the views or opinions of the Company or Company personnel; (ii) display a Trademark on your website (except as necessary to describe that your application is using Company content) or any domain name; (iii) display a Trademark in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to the Company in its sole discretion; (iv) display a Trademark in connection with any violation of law or regulation; (v) use the Trademarks to disparage the Company or its services; (vi) remove, modify, obscure or alter these Trademarks; (vii) incorporate any Trademark (or confusing similar mark) in your application name or website; (viii) apply for any trademark that is identical or confusingly similar to the Trademarks. You may use the Trademarks only as necessary to describe that your application is using the Company’s content or API by way of a license (e.g., “An iPhone application that allows you to view Cheezburger™ content. XYZ is not affiliated with the Cheezburger Network.”; provided that you comply with the restrictions herein and do not use such Trademarks in a manner to brand your application or suggest to an end user that your application was developed by the Company. Such limited license to use the Trademarks is revocable at anytime by the Company. You understand and agree that the Company has the sole discretion to determine whether you are complying with this Section 2, and you further agree to comply with any guidelines the Company may enact with respect to its Trademarks. If the Company determines that you are using its Trademarks in violation of this Agreement, it may suspend or terminate your account. Additionally, the Company may provide you instructions on how to comply with this Section 2, and you agree to comply with such instructions. 3. TERM AND TERMINATION. 3.1 Term. The term of this Agreement (the “Term”) shall commence on the date upon which your API Key is issued and shall continue in full force and effect until terminated herein. 3.2 Suspension/Termination. The Company may suspend or terminate all or any aspect of the Service, including use of Company Trademarks, at any time. The Company may suspend or terminate your access to and use of the Service at any time for any reason. You may terminate this Agreement, at any time for any reason, by ceasing to use the Service and the Trademarks, removing the implementation of the API from your application, and deleting all copies of the Content. In the event of termination of the Service, your access and use of the Service, or this Agreement, all licenses shall immediately terminate, you shall remove the API and any Content from your application, and End Users may no longer make use of the Content. Section 6 shall survive the termination of this Agreement. 3.3 Agreement Modifications. You hereby agree that the Company may change, revise, or modify this Agreement at any time in its sole discretion, and that you will review this Agreement on a regular basis. The Company will provide advance notice of changing the “last updated” date above. Your continued use of the Service after notice of changes has been given shall constitute your acceptance of the revised terms. If you do not agree to the changes, you must terminate this Agreement by discontinuing use of the Service. 4. NOTICES. 4.1 To You. In connection with your application, you must submit a working e-mail address. You hereby agree that we may deliver notices to you via that e-mail address. Notices delivered via e-mail shall be deemed given and received on the transmission date of the e-mail. We may also provide certain notices to you by posting information on the website that describes our API program. 4.2 To the Company. In the event that you need to communicate with the Company, notices should be sent to api@cheezburger.com. 5. REPRESENTATIONS/DISCLAIMER. 5.1 Representations. You represent and warrant to the Company that (i) you are authorized to enter into this Agreement in your individual capacity or on behalf of the entity you represent and (ii) entry into this Agreement shall not violate any outstanding obligation you have to any third party; 5.2 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ANY CONTENT MADE AVAILABLE BY IT, INLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YOU IS ADVISED OF THE PURPOSE), WARRANTIES AGAINST INTELLECTUAL PROPERTY AND OTHER INFRINGEMENT AND THE IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE. THE COMPANY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS PROVIDED BY THE COMPANY AND ANY OTHER INFORMATION TECHNOLOGY, CONTENT, PRODUCTS OR SERVICES PROVIDED BY THE COMPANY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 6. MISCELLANEOUS. 6.1 Confidentiality. Except as permitted herein, you shall not reveal to third parties any material non-public information learned by you in the course of utilizing the Service, including, but not limited to, the terms of this Agreement. 6.2 Limitation on Liability. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE OR MALFUNCTIONS IN THE SERVICE, INACCURACY OR INCOMPLETENESS OF THE UNDERLYING DATA; (B) THE COST OF PROCURING SUBSTITUTE SERVICES; (C) ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 6.3 Indemnification. You shall indemnify, defend and hold harmless the Company and any of their officers, affiliates, directors, shareholders, employees and agents, from and against any and all loss, costs damage assessments, injuries, expenses (including but not limited to reasonable attorneys’ fees and costs), claims and liabilities arising out of or incurred due to: (i) your breach of this Agreement, (ii) your use or misuse of the Service, (iii) your negligence, misconduct, misrepresentation to End Users, or (iv) any dispute initiated by an End User that relates to your application. You shall not, without the prior written consent of the Company, settle, compromise or consent to the entry of any judgment that could impose any liability or obligation upon the Company. If the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; and failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. The Company will have the right to participate in any defense by you of any indemnified claim, with counsel of the Company’s choice at your expense. 6.4 Waiver. The Company shall not be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Company, and then only to the extent specifically set forth in such writing. A waiver with reference to a particular event shall not be construed as a continuing waiver of any right or remedy as to a subsequent event. 6.5 Severability. If the application of any provision or provisions of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by any court of competent jurisdiction, then: (i) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (ii) such provision or provisions shall be reformed without further action by the parties hereto and only to the extent necessary to make such provision or provisions valid and enforceable when applied to such particular facts and circumstances. 6.6 Governing Law/Venue. This Agreement will be governed by and interpreted in accordance with the applicable U.S. federal law and the laws of the State of Washington without regard to choice of law provisions. Each party hereto: (i) consents to and waives any objections to personal jurisdiction, service of process, and venue in the state and federal courts located in King County, Washington, and (ii) agrees that any action or proceeding arising out of or related to this Agreement will be filed and prosecuted only the aforementioned courts. The most prevailing party in any legal action relate to this Agreement shall be entitled to its reasonable attorneys’ fees. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you against the Company and arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 6.7 Independent Contractors. The Company and you are independent contractors under this Agreement, and nothing herein will be construed to create a partnership, joint venture, franchise or agency relationship between the Company and you. Neither party has any authority to enter into an agreement of any kind on behalf of the other party. 6.8 No Third Party Beneficiaries. No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. 6.9 Assignment. You may not assign, delegate, or transfer your rights and obligations under this Agreement to any third party (including but not limited to a successor-in-interest, or pursuant to a sale, merger, or other corporate transaction) without the express prior written consent of the Company. You acknowledge that the Company may assign this Agreement without your consent. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and shall be enforceable by the parties hereto and their respective successors and assigns. 6.10 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understanding, express or implied or written, among the parties. This Agreement cannot be modified or amended without the written consent of both parties. 6.11 Infringement or Legal Claim Notices. If any third party provides you a legal notice with respect to your application, the Service, or the Content, you will immediately email the Company at api@cheezburger.com and describe in detail the nature of the notice. By way of clarification and not limitation, if a third party alleges that any Content violates the copyright rights of such third party, you shall immediately notify the Company. You shall indemnify the Company in accordance with this Agreement if your failure to comply with this paragraph causes the Company to incur any loss, liability or expense. <p><section><p><b>Cheezburger, Inc. API Terms of Use. Last updated on February 6, 2013</b></p> <p><b><br></b></p> <p><i>We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.</i></p> <p><i><br></i></p> <p>The following API terms of use agreement (the “Agreement”) sets forth the standard terms pursuant to which Cheezburger (the “Company”) makes available its application protocol interface (the “API”) to you (the “Service”).</p> <p><br>BY SUBMITTING AN APPLICATION, YOU (AND THE ORGANIZATION THAT YOU REPRESENT, IF ANY) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT AND WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE API.</p> <p><br><b>1. SERVICE.</b><br>1.1. License.<br>(a) Granted To You. The API is an application that allows you to interface with the Company’s database to access, submit and view photographs, images, graphics, text, audio/visual works, and/or videos (the “Content”). Subject to the terms of this Agreement and provided that the Company approves your application, the Company grants you a revocable, non-exclusive, non-transferable, non-assignable, limited license to: (i) implement the API in your application so that it (your application) can access and query the Content, and (ii) display the Content to consumers for their own personal viewing. In other words, you may develop, distribute, or host an application (e.g., a web site, mobile device application, personal computer application) that is designed to access and query the Content solely via the API. This license is without the right to sub-license.<br>(b) Granted To End Users. By way of a separate license, the Company grants consumers who utilize your application (the “End Users”) a revocable, non-exclusive, non-transferable, non-assignable, limited license to view the Content as presented to the End Users for their own personal use. This license is also without the right to sub-license.<br>(c) Non-Commercial Use Only. You may only use the Service in connection with a non-commercial application. Your application must be free of charge, and you may not sell or monetize your application in any manner, including, but not limited to, charging end users to obtain your application or displaying advertisements via your application or banner advertisements on or around the Content.<br>(d) Pre-Approval Required. The license described in 1.1(a) above is contingent on you submitting all application-related materials that are requested by the Company and the Company subsequently approving your application. The Company may approve or reject your application in its sole discretion. The approval of your application by the Company shall not constitute an endorsement or legal review of your application.<br>(e) Reservation of Rights. Any rights not expressly granted in this Agreement are reserved by the Company. You have no rights in the Content except to display the Content via your application, as the Content constitutes the intellectual property of the Company and its licensors, however, if your application allows you or end users to submit their own respective content to the Company, such content shall be subject to the Company’s submission policy set forth at http://corp.cheezburger.com/submissions/ (including, but not limited to, the terms of use and community guidelines set forth therein), which is incorporated herein by reference . Any use of the Content outside the scope of this Agreement (e.g., modification, creation of derivative works) shall constitute copyright infringement and/or other violations of the Company’s intellectual property rights.<br>1.2. General Requirements and Restrictions. The above license is subject to the following general restrictions:<br>(a) you shall not submit any false or misleading information in your registration application to access and use the Service;<br>(b) any application you develop utilizing the API shall be designed to access and use the Content only as allowed by this Agreement;<br>(c) you shall not access or attempt to access the Company’s Content database other than through the API;<br>(d) you shall not falsify or alter any unique identifier (e.g., API Key (defined below)) in, or assigned to, your application, or otherwise obscure or alter the source of queries coming from your application;<br>(e) if requested by the Company, you shall provide instructions on how the Company can access any application you have developed utilizing the Service;<br>(f) if you implement the API on a restricted web site, you shall provide the Company with a log-in name and password that will allow the Company to access the web site;<br>(g) you shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service, other than as provided in this Agreement;<br>(h) you shall not violate or attempt to violate the security of the Service (e.g., accessing a server or account you do not have authorization for; attempting to test, scan, probe, or hack the vulnerability of the API or any network used by the API; attempting to circumvent any authentication measures; overloading, flooding, or pinging the API);<br>(i) you shall not transit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (i) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (ii) spy on the activities of others;<br>(j) you shall not use the Service in a manner that, in the Company’s sole reasonable discretion, exceeds reasonable request volumes, constitutes excessive or abusive use, or otherwise fails to comply with or is inconsistent with this Agreement;<br>(k) you shall communicate the End User terms in Section 1.5 to End Users and shall obtain their agreement to such terms via a click-wrap, browse-wrap or written agreement;<br>(l) the between you and any End User shall specifically state that the Company:(i) is a third party beneficiary of the agreement; and (ii) shall have the right to enforce the terms of the agreement;<br>(m) you shall not use the Service in any manner that exposes the Company to any harm or liability of any nature;<br>(n) you shall not make any representations or warranties about the Service to any third party; and<br>(o) you shall not use the Service in violation of any federal, state, or local law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause the Company to violate any such laws, rules, or regulations; and<br>(p) to the extent your applications allows you or end users to submit Content to the Company, you agree to the Company’s submission policy set forth at http://corp.cheezburger.com/submissions/ (including, but not limited to, the terms of use and community guidelines set forth therein).<br>1.3 Content-Related Restrictions. The above license is subject to the following restrictions regarding the Content:<br>(a) you may not remove or affix your own watermarks, attributions (e.g., copyright) or other identifying notes on, within or embedded in the Content;<br>(b) you shall not retain or store any Content for any reason;<br>(c) you may only provide the Content to End Users on an “as is” basis and pursuant to the terms of this Agreement; and<br>(d) you shall remove any Content immediately upon receipt of email or other notice from the Company.<br>1.4 Technical Restrictions.<br>(a) Calls Per Day. Your free use of the Service is limited to a set number of calls to the API per day per API Key. If you exceed this per-day limit, the API will temporarily stop working for you. If you exceed the limit on more than one (1) occasion, your access to and use of the Service may be permanently terminated. If you would like to request an increased volume of API calls for your API Key, please send your request (including your contact information and description of intended use to api@cheezburger.com. The Company reserves the right to change the call per day limit at any time in its sole discretion. Your account information set forth on the developer website will contain your per day call limit.<br>(b) Throttle Rate. The rate at which the API may be called (the “Throttle Rate”) will be set forth in your account information on the developer website. You will not attempt to circumvent any technical measures we may put in place to enforce the Throttle Rate. The Company reserves the right to change the Throttle Rate at any time in its sole discretion.<br>1.5 End User Terms. The following terms (the “End User Terms”) must be clearly and unambiguously communicated to, and agreed to by, End Users:<br>(a) License. By using this application to obtain the Content from the Company’s database, End Users are entering into an agreement the Company governing their use of the Content. End Users may only view the Content for their own personal viewing pleasure, and may not:<br>(i) publish, offer, sell, license, transmit, distribute, reproduce, or modify the Content in any manner;<br>(ii) retain or store any Content<br>(iii) use the Content as part of a CD-ROM disc or other stand-alone product;<br>(iv) use the Content in any manner that exposes the Company to any harm or liability of any nature; and<br>(v) use the Content in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.<br>(b) The Content. The Content may be changed, updated, or deleted without notice at any time and for any reason.<br>(c) The API. End Users may only access the API solely as necessary to obtain the Content from the Company’s database in accordance with these End User Terms.<br>(d) Trademarks. End Users are not granted any license in connection with the Company’s trade names, logos, and other trademarks and service marks, and may not copy, reproduce, publish, or display them.<br>(e) Termination. The Company may terminate the license to access and view the Content at anytime. In the event that you lose the rights licensed by the Company under this Agreement, End Users will no longer be able to obtain the Content from the Company’s database via your application;<br>(f) Representations. End Users represent and warrant that they have the authority to enter into an agreement with the Company governing their use of the Content and that they will comply with these End User Terms.<br>(g) Disclaimer of Warranties. The Content is provided to End Users on an “as is” basis without warranties of any kind.<br>(h) Limitation on Liability. The Company will not be liable to End Users in any manner in connection with their use of the Content.<br>(i) Indemnification. End Users shall indemnify, defend, and hold harmless the Company from and against all claims, actions, and judgments arising out of their use of the Content.<br>(j) Third Party Beneficiary. The Company shall be a third party beneficiary of any agreement between you and any End User, and shall have the right to enforce the terms of any such agreement.<br>(k) Content Submissions. If you submit Content to the Company via API, you agree to the Company’s submission policy set forth at http://icanhascheezburger.com/submissions/ (including, but not limited to, the terms of use and community guidelines set forth therein).<br>1.6 API Key. After approval of your application for access to the Service, you will be assigned a unique key that is associated with your Company developer account (the “API Key”). The API Key enables your application to access and use the Service on a nonexclusive basis. All calls to the API made by your application must include your API Key. You must keep you API Key confidential and you may not share it with any third party. You will use only a single Mashery.com account to request API Keys from the Company. You are solely and entirely responsible for all uses of the Service occurring under your API Key. The Company will only issue one (1) API Key per developer or organization.<br>1.7 Violations. If you become aware of a breach of any part of this Agreement by you or any End User, you shall take prompt commercially reasonable actions to remedy such violation. Further, you shall notify the Company of such violation via api@cheezburger.com.<br>1.8 Fee for Use. At this time, the Service is offered and provided without charge; however, the Company reserves the right to implement a fee and payment terms for use at any time in its sole discretion. In the event that the Company elects to charge a fee for the Service, you will not be charged for the Service unless we obtain your prior agreement to pay such charges. You may elect to stop using the service rather than incur fees.<br>1.9 The Content. The Content accessible via the API may be changed, updated, or deleted without notice for any reason in the Company’s sole discretion.<br>1.10 Future Versions. The Company reserves the right to release subsequent versions of the Service and to require you to obtain and use the most recent version.<br>1.11 Availability/Support. The Company has no obligation to provide you any support or maintenance. Furthermore, the Company shall not be liable for losses or damages you may incur due to any errors or omissions in the Content, or due to your inability to access the Content due to disruption of the Service. If the Company chooses in its sole discretion to provide you support or maintenance, such service shall be provided “as-is”, without any warranties whatsoever.<br>1.12 Featured Application. The Company may feature your application via any medium, including its online properties. At its sole discretion, the Company may select your application for featuring, in which case the posted content may include: (i) your name or the name of the entity you represent; (ii) your trade names, logos, trademarks, or service marks, or the trade names, logos, trademarks, or service marks of the entity that you represent; (iii) a screen shot of your application; (iv) a short text description; and (v) a link to your application’s web site. If your application is selected, you grant the Company a non-exclusive, worldwide, royalty-free limited license to use, copy, reproduce, publish, perform and distribute the content described above (including any trade names, logos, trademarks, or service marks) for purposes of featuring your application.<br><b>2. BRANDING.</b><br>2.1 No Affiliation. You may not suggest to users in any manner that you are affiliated or endorsed by the Company, including, but limited to, by using any trademarks of the Company within your application unless permitted by this Agreement or authorized by the Company. You may include a link to the website applicable to the Content you make available in response to an end user query (a list of such sites are listed at http://cheezburger.com/sites); provided that you include the following statement (text only): “Content provided by license from the Cheezburger Network—this application is not offered nor endorsed by Cheezburger, Inc.”<br>2.2 Trademarks.<br>(a) License. The Content may include the trade names, logos, and other trademarks and services marks of the Company (collectively, “Trademarks”). You may not remove, alter, or exploit the Trademarks in any manner. The Trademarks are the property of the Company, and you shall not, by virtue of this Agreement, obtain or claim any right, title, or interest to or in the Trademarks. By way of example and not limitation, you may not:<br>(i) display a Trademark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by the Company (other than your involvement with the Service), or could reasonably be interpreted to suggest editorial content has been authored by, or represents the views or opinions of the Company or Company personnel;<br>(ii) display a Trademark on your website (except as necessary to describe that your application is using Company content) or any domain name;<br>(iii) display a Trademark in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to the Company in its sole discretion;<br>(iv) display a Trademark in connection with any violation of law or regulation;<br>(v) use the Trademarks to disparage the Company or its services;<br>(vi) remove, modify, obscure or alter these Trademarks;<br>(vii) incorporate any Trademark (or confusing similar mark) in your application name or website;<br>(viii) apply for any trademark that is identical or confusingly similar to the Trademarks.<br>You may use the Trademarks only as necessary to describe that your application is using the Company’s content or API by way of a license (e.g., “An iPhone application that allows you to view Cheezburger™ content. XYZ is not affiliated with the Cheezburger Network.”; provided that you comply with the restrictions herein and do not use such Trademarks in a manner to brand your application or suggest to an end user that your application was developed by the Company. Such limited license to use the Trademarks is revocable at anytime by the Company. You understand and agree that the Company has the sole discretion to determine whether you are complying with this Section 2, and you further agree to comply with any guidelines the Company may enact with respect to its Trademarks. If the Company determines that you are using its Trademarks in violation of this Agreement, it may suspend or terminate your account. Additionally, the Company may provide you instructions on how to comply with this Section 2, and you agree to comply with such instructions.<br><b>3. TERM AND TERMINATION.</b><br>3.1 Term. The term of this Agreement (the “Term”) shall commence on the date upon which your API Key is issued and shall continue in full force and effect until terminated herein.<br>3.2 Suspension/Termination. The Company may suspend or terminate all or any aspect of the Service, including use of Company Trademarks, at any time. The Company may suspend or terminate your access to and use of the Service at any time for any reason. You may terminate this Agreement, at any time for any reason, by ceasing to use the Service and the Trademarks, removing the implementation of the API from your application, and deleting all copies of the Content. In the event of termination of the Service, your access and use of the Service, or this Agreement, all licenses shall immediately terminate, you shall remove the API and any Content from your application, and End Users may no longer make use of the Content. Section 6 shall survive the termination of this Agreement.<br>3.3 Agreement Modifications. You hereby agree that the Company may change, revise, or modify this Agreement at any time in its sole discretion, and that you will review this Agreement on a regular basis. The Company will provide advance notice of changing the “last updated” date above. Your continued use of the Service after notice of changes has been given shall constitute your acceptance of the revised terms. If you do not agree to the changes, you must terminate this Agreement by discontinuing use of the Service.<br><b>4. NOTICES.</b><br>4.1 To You. In connection with your application, you must submit a working e-mail address. You hereby agree that we may deliver notices to you via that e-mail address. Notices delivered via e-mail shall be deemed given and received on the transmission date of the e-mail. We may also provide certain notices to you by posting information on the website that describes our API program.<br>4.2 To the Company. In the event that you need to communicate with the Company, notices should be sent to api@cheezburger.com.<br><b>5. REPRESENTATIONS/DISCLAIMER.</b><br>5.1 Representations. You represent and warrant to the Company that (i) you are authorized to enter into this Agreement in your individual capacity or on behalf of the entity you represent and (ii) entry into this Agreement shall not violate any outstanding obligation you have to any third party;<br>5.2 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ANY CONTENT MADE AVAILABLE BY IT, INLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YOU IS ADVISED OF THE PURPOSE), WARRANTIES AGAINST INTELLECTUAL PROPERTY AND OTHER INFRINGEMENT AND THE IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE. THE COMPANY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS PROVIDED BY THE COMPANY AND ANY OTHER INFORMATION TECHNOLOGY, CONTENT, PRODUCTS OR SERVICES PROVIDED BY THE COMPANY UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.<br><b>6. MISCELLANEOUS.</b><br>6.1 Confidentiality. Except as permitted herein, you shall not reveal to third parties any material non-public information learned by you in the course of utilizing the Service, including, but not limited to, the terms of this Agreement.<br>6.2 Limitation on Liability. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE OR MALFUNCTIONS IN THE SERVICE, INACCURACY OR INCOMPLETENESS OF THE UNDERLYING DATA; (B) THE COST OF PROCURING SUBSTITUTE SERVICES; (C) ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<br>6.3 Indemnification. You shall indemnify, defend and hold harmless the Company and any of their officers, affiliates, directors, shareholders, employees and agents, from and against any and all loss, costs damage assessments, injuries, expenses (including but not limited to reasonable attorneys’ fees and costs), claims and liabilities arising out of or incurred due to: (i) your breach of this Agreement, (ii) your use or misuse of the Service, (iii) your negligence, misconduct, misrepresentation to End Users, or (iv) any dispute initiated by an End User that relates to your application. You shall not, without the prior written consent of the Company, settle, compromise or consent to the entry of any judgment that could impose any liability or obligation upon the Company. If the Company is threatened with suit or sued by a third party, the Company may seek written assurances from you concerning your promise to indemnify the Company; and failure to provide such assurances may be considered by the Company to be a material breach of this Agreement. The Company will have the right to participate in any defense by you of any indemnified claim, with counsel of the Company’s choice at your expense.<br>6.4 Waiver. The Company shall not be deemed, by any act or omission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Company, and then only to the extent specifically set forth in such writing. A waiver with reference to a particular event shall not be construed as a continuing waiver of any right or remedy as to a subsequent event.<br>6.5 Severability. If the application of any provision or provisions of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by any court of competent jurisdiction, then: (i) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (ii) such provision or provisions shall be reformed without further action by the parties hereto and only to the extent necessary to make such provision or provisions valid and enforceable when applied to such particular facts and circumstances.<br>6.6 Governing Law/Venue. This Agreement will be governed by and interpreted in accordance with the applicable U.S. federal law and the laws of the State of Washington without regard to choice of law provisions. Each party hereto: (i) consents to and waives any objections to personal jurisdiction, service of process, and venue in the state and federal courts located in King County, Washington, and (ii) agrees that any action or proceeding arising out of or related to this Agreement will be filed and prosecuted only the aforementioned courts. The most prevailing party in any legal action relate to this Agreement shall be entitled to its reasonable attorneys’ fees. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you against the Company and arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.<br>6.7 Independent Contractors. The Company and you are independent contractors under this Agreement, and nothing herein will be construed to create a partnership, joint venture, franchise or agency relationship between the Company and you. Neither party has any authority to enter into an agreement of any kind on behalf of the other party.<br>6.8 No Third Party Beneficiaries. No other person shall have any rights, interest or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise.<br>6.9 Assignment. You may not assign, delegate, or transfer your rights and obligations under this Agreement to any third party (including but not limited to a successor-in-interest, or pursuant to a sale, merger, or other corporate transaction) without the express prior written consent of the Company. You acknowledge that the Company may assign this Agreement without your consent. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and shall be enforceable by the parties hereto and their respective successors and assigns.<br>6.10 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understanding, express or implied or written, among the parties. This Agreement cannot be modified or amended without the written consent of both parties.<br>6.11 Infringement or Legal Claim Notices. If any third party provides you a legal notice with respect to your application, the Service, or the Content, you will immediately email the Company at api@cheezburger.com and describe in detail the nature of the notice. By way of clarification and not limitation, if a third party alleges that any Content violates the copyright rights of such third party, you shall immediately notify the Company. You shall indemnify the Company in accordance with this Agreement if your failure to comply with this paragraph causes the Company to incur any loss, liability or expense.<br></p> <div><br></div></section></p> 97443 367 54485 2014-04-17T22:21:10-07:00 5 API,terms,service,legal API Terms of Service Cheezburger, Inc. API Terms of Use. Last updated on February 6, 2013 We may change or update this policy from time to time. Notice of any changes o... 2 4 1 API Terms of Service 2015-07-29T00:22:06-07:00 2262792 1 2013-02-06T11:52:11-08:00 4 0 Cheezburger, Inc. Privacy Policy. Last Updated: February 6, 2013 We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted. The following privacy notice applies to this website, the sites listed at www.cheezburger.com/sites, and any sites which are operated by Cheezburger, Inc. (collectively, the “Websites”).  We may change or update this policy from time to time, and we will notify you of any changes by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted. Personal Information 1.  Activity. We may ask for some personal information, including your e-mail address, for certain activities on the Websites, such as for uploading pictures and posting comments. 2.  Usage Information. We may record information about your usage, such as when you use the Websites, the channels, groups, and favorites you subscribe to, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or click on in the Websites (including UI elements, settings, and other information). We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients. We may use third party service providers to help us collect and analyze usage information.  For example, we use the ClickTale web analytics service. ClickTale may record mouse clicks, mouse movements, scrolling activity as well as any text you type in the Websites. ClickTale does not collect personally identifiable information that you do not voluntarily enter in the Websites. ClickTale does not track your browsing habits across Websites which do not use ClickTale services. For more information see  Privacy Policy for Information Collected by the ClickTale Web Analytics Service.  We are using the information collected by the ClickTale service to help identify ways we can improve and monetize our Websites. You can choose to disable the ClickTale service at http://www.clicktale.net/disable.html. 3.  Content Uploaded to Site. Any personal information or picture content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and you acknowledge that third parties may access, collect and use such content. Uses 1.  Personalized Features.  If you submit personally identifiable information to us through the Websites, we may use your personal information to operate, maintain, and provide to you the features and functionality of the Websites, as well as provide special personalized features to you. 2.  Other Users.  Certain information may be displayed to other users when you upload pictures or send messages through the Websites and other users can contact you through messages and comments. Any pictures that you submit to the Websites may be redistributed through the Internet and other media channels, and may be viewed by the general public. 3.  Use of Email for Administrative Purposes.  We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as for customer service purposes). 4.  Usage Trends; Optimization and Functionality.  We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Websites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Cookies; IP Logs We use cookies (or similar tracking technologies), clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Websites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests. Your Choices; Opt-out 1.  Submission of Personal Information.  You may, of course, decline to submit personally identifiable information through the Websites, in which case you can still view pictures and explore the Websites, but we may not be able to provide certain services to you. You may also change certain personally identifiable information you submit to us by logging into your account. 2.  Cookies.  You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies in the browser settings if you prefer. If you choose to decline cookies, you may not be able to sign in or use other Website features or services that depend on cookies. If you choose to accept cookies, your browser may allow you to delete cookies that you have accepted at a later date. 3.  Third Party Networks.  We may allow third-party advertising companies and networks to serve cookies on the Website and to serve ads to you when you visit the Websites. These companies and networks may use the log file information and/or information collected by cookies, Web beacons and similar technologies to provide advertisements about goods and services that they believe may be of interest to you. If you would like to prevent certain third parties from collecting and using such information (i.e., opt-out), or would like more information about these practices and to understand your choices regarding use of this information by these companies, you may visit http://www.networkadvertising.org/managing/opt_out.asp. Third Party Services Certain services offered through the Websites are subject to third party privacy policies.  Facebook’s “Like” button is an example of this (and is subject to Facebook’s privacy policies). Additional Disclosure Policies We may share the information we collect from you to third parties in the following circumstances: 1.  Compliance with Laws. We may disclose information we collect (including personally identifiable Information) when we believe it is required to comply with the law, such as in response to a subpoena or court order.  We may provide you with advance notice at our discretion; however, nothing in this policy entitles you to such notice. 2.  Safety and Protecting Our Interests.  We may disclose information we collect in order to prevent damage to our property (tangible and intangible), for safety reasons, or in the course of collecting amounts owed to us. 3.  Business Transfers. We may use your information in the context of a merger, acquisition, business reorganization, debt financing or sale of company assets, or in the event of an insolvency, bankruptcy or receivership. In these transactions, the information which we collect may be freely transferred to third parties as one of our business assets (i.e., we do not have any obligation to notify you of any such transfer). 4.  Business Transactions.  We may share your information to our partners, contractors, and service providers as necessary to provide services to you or to otherwise improve our services. Contact Us If you have any questions about this notice, email us at contactus@cheezburger.com.  <p><b>Cheezburger, Inc. Privacy Policy. Last Updated: February 6, 2013</b><br><br><i>We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.</i><br></p> <p><br>The following privacy notice applies to this website, the sites listed at<a href="http://www.cheezburger.com/site-directory"> www.cheezburger.com/sites</a>, and any sites which are operated by Cheezburger, Inc. (collectively, the “Websites”).  We may change or update this policy from time to time, and we will notify you of any changes by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.<br><br>Personal Information<br><br>1.  Activity. We may ask for some personal information, including your e-mail address, for certain activities on the Websites, such as for uploading pictures and posting comments.<br>2.  Usage Information. We may record information about your usage, such as when you use the Websites, the channels, groups, and favorites you subscribe to, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or click on in the Websites (including UI elements, settings, and other information). We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients.<br>We may use third party service providers to help us collect and analyze usage information.  For example, we use the ClickTale web analytics service. ClickTale may record mouse clicks, mouse movements, scrolling activity as well as any text you type in the Websites. ClickTale does not collect personally identifiable information that you do not voluntarily enter in the Websites. ClickTale does not track your browsing habits across Websites which do not use ClickTale services. For more information see  Privacy Policy for Information Collected by the ClickTale Web Analytics Service.  We are using the information collected by the ClickTale service to help identify ways we can improve and monetize our Websites.<br>You can choose to disable the ClickTale service at<a href="http://www.clicktale.net/disable.html"> http://www.clicktale.net/disable.html</a>.<br>3.  Content Uploaded to Site. Any personal information or picture content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and you acknowledge that third parties may access, collect and use such content.<br><br>Uses<br><br>1.  Personalized Features.  If you submit personally identifiable information to us through the Websites, we may use your personal information to operate, maintain, and provide to you the features and functionality of the Websites, as well as provide special personalized features to you.<br>2.  Other Users.  Certain information may be displayed to other users when you upload pictures or send messages through the Websites and other users can contact you through messages and comments. Any pictures that you submit to the Websites may be redistributed through the Internet and other media channels, and may be viewed by the general public.<br>3.  Use of Email for Administrative Purposes.  We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as for customer service purposes).<br>4.  Usage Trends; Optimization and Functionality.  We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Websites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends.<br><br>Cookies; IP Logs<br><br>We use cookies (or similar tracking technologies), clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Websites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.<br><br>Your Choices; Opt-out<br><br>1.  Submission of Personal Information.  You may, of course, decline to submit personally identifiable information through the Websites, in which case you can still view pictures and explore the Websites, but we may not be able to provide certain services to you. You may also change certain personally identifiable information you submit to us by logging into your account.<br>2.  Cookies.  You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies in the browser settings if you prefer. If you choose to decline cookies, you may not be able to sign in or use other Website features or services that depend on cookies. If you choose to accept cookies, your browser may allow you to delete cookies that you have accepted at a later date.<br>3.  Third Party Networks.  We may allow third-party advertising companies and networks to serve cookies on the Website and to serve ads to you when you visit the Websites. These companies and networks may use the log file information and/or information collected by cookies, Web beacons and similar technologies to provide advertisements about goods and services that they believe may be of interest to you. If you would like to prevent certain third parties from collecting and using such information (i.e., opt-out), or would like more information about these practices and to understand your choices regarding use of this information by these companies, you may visit<a href="http://www.networkadvertising.org/managing/opt_out.asp"> http://www.networkadvertising.org/managing/opt_out.asp</a>.<br><br>Third Party Services<br><br>Certain services offered through the Websites are subject to third party privacy policies.  Facebook’s “Like” button is an example of this (and is subject to Facebook’s privacy policies).<br><br>Additional Disclosure Policies<br><br>We may share the information we collect from you to third parties in the following circumstances:<br>1.  Compliance with Laws. We may disclose information we collect (including personally identifiable Information) when we believe it is required to comply with the law, such as in response to a subpoena or court order.  We may provide you with advance notice at our discretion; however, nothing in this policy entitles you to such notice.<br>2.  Safety and Protecting Our Interests.  We may disclose information we collect in order to prevent damage to our property (tangible and intangible), for safety reasons, or in the course of collecting amounts owed to us.<br>3.  Business Transfers. We may use your information in the context of a merger, acquisition, business reorganization, debt financing or sale of company assets, or in the event of an insolvency, bankruptcy or receivership. In these transactions, the information which we collect may be freely transferred to third parties as one of our business assets (i.e., we do not have any obligation to notify you of any such transfer).<br>4.  Business Transactions.  We may share your information to our partners, contractors, and service providers as necessary to provide services to you or to otherwise improve our services.<br><br>Contact Us<br><br>If you have any questions about this notice, email us at <a href="mailto:contactus@cheezburger.com">contactus@cheezburger.com</a>. <br></p> 97443 169 54488 2014-01-03T15:44:29-08:00 6 Privacy Policy Privacy,Policy,legal Cheezburger, Inc. Privacy Policy. Last Updated: February 6, 2013We may change or update this policy from time to time. Notice of any changes or upd... 2 4 0 Privacy Policy 2015-07-29T00:22:06-07:00 2262792 1 2013-02-06T11:59:15-08:00 6 1 Cheezburger, Inc. Member Created Sites. Last updated February 6, 2013 We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted. Cheezburger allows you to create and customize web pages to display content.  All personal pages of our members are subject to our Terms of Service & Use, Community Guidelines, Copyright Information, Privacy Policy, and policies enacted by Cheezburger from time to time. If Cheezburger determines that you have violated such terms or policies, Cheezburger may, in its sole discretion, suspend, modify or terminate your personalized page and other account features.  For example, Cheezburger may block public access to your page and the content you posted on your page. Additionally, Cheezburger may disable your ability to edit your personal page.  You acknowledge that Cheezburger will not be liable if it terminates, modifies or suspends your account and/or you are unable to access or retrieve content you added to your personal page. GENERAL RULES FOR PERSONAL PAGES You may not offer sweepstakes, contest, competition or similar offerings on your personal pages. You may not collect personally identifiable information of any users that visit your personal pages. You may not publish third party advertisements on your personal pages. You may not solicit passwords or personally identifiable information for commercial or unlawful purposes from other users. You may not promote or engage in commercial activities and/or sales without the prior written consent from Cheezburger such as contests, sweepstakes, barter, advertising, or pyramid schemes. You may not engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network. You may not cover or obscure the banner advertisements and/or safety features on your personal profile page, via HTML/CSS or any other means. You may only add content to your personal page which you are authorized to use. You may not  encouraging others to engage in click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent. You acknowledge that all content you add to your personal page shall constitute a “User Submission” as defined in our Terms of Service, and accordingly, Cheezburger can use such User Submissions for any purpose. Additionally, since content posted to your page is intended for sharing, you should be aware that any content will be widely disseminated. IMPERSONATION; TRADEMARKS; NAMES You may not sell, buy, or solicit other forms of payment in exchange for usernames or account names. You may not impersonate or pretend to be another person or entity in order to deceive, cause consumer confusion, or infringe on a third party trademark. You may not register a username or account name that Cheezburger believes compromises its security or intellectual property rights (e.g., ssl.cheezburger.com, lolcats.cheezburger.com). Companies and businesses should report accounts misusing their trademarks or brand by sending an email to contactus@cheezburger.com.  Your complaint should list the following information: (1) Your account user name, (2) company website, (3) your trademarked word or design, (4) the trademark registration office (e.g., USPTO), (5) the trademark registration number and (6) your full contact information (e.g., name, email address, phone number, address). Using a word or symbol in a way does not infringe on a third party’s trademark rights is not a violation of Cheezburger’s trademark policy. Cheezburger permits you to create parody accounts, provided that end users are not confused and the account does not violate any third party intellectual property rights or laws. Nevertheless, Cheezburger may, in its discretion, terminate a parody account if it reasonably believes that (1) Cheezburger needs to do so in order to avoid a dispute with a third party or (2) the account is likely to cause confusion, blur, or dilute a registered or unregistered trademark. INACTIVE ACCOUNTS Cheezburger may delete your personal page if you do not actively use it. To keep your account active, be sure to log in and update your personal page at least once every six months. Accounts may be permanently removed due to prolonged inactivity. <p><b>Cheezburger, Inc. Member Created Sites. Last updated February 6, 2013</b><br><br><i>We may change or update this policy from time to time. Notice of any changes or updates will be indicated by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.</i><br><br>Cheezburger allows you to create and customize web pages to display content.  All personal pages of our members are subject to our Terms of Service &amp; Use, Community Guidelines, Copyright Information, Privacy Policy, and policies enacted by Cheezburger from time to time. If Cheezburger determines that you have violated such terms or policies, Cheezburger may, in its sole discretion, suspend, modify or terminate your personalized page and other account features.  For example, Cheezburger may block public access to your page and the content you posted on your page. Additionally, Cheezburger may disable your ability to edit your personal page.  You acknowledge that Cheezburger will not be liable if it terminates, modifies or suspends your account and/or you are unable to access or retrieve content you added to your personal page.<br><br><b>GENERAL RULES FOR PERSONAL PAGES</b><br></p> <ol> <li>You may not offer sweepstakes, contest, competition or similar offerings on your personal pages.</li> <li>You may not collect personally identifiable information of any users that visit your personal pages.</li> <li>You may not publish third party advertisements on your personal pages.</li> <li>You may not solicit passwords or personally identifiable information for commercial or unlawful purposes from other users.</li> <li>You may not promote or engage in commercial activities and/or sales without the prior written consent from Cheezburger such as contests, sweepstakes, barter, advertising, or pyramid schemes.</li> <li>You may not engage in any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.</li> <li>You may not cover or obscure the banner advertisements and/or safety features on your personal profile page, via HTML/CSS or any other means.</li> <li>You may only add content to your personal page which you are authorized to use.</li> <li>You may not  encouraging others to engage in click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent.</li> <li>You acknowledge that all content you add to your personal page shall constitute a “User Submission” as defined in our Terms of Service, and accordingly, Cheezburger can use such User Submissions for any purpose. Additionally, since content posted to your page is intended for sharing, you should be aware that any content will be widely disseminated.</li> </ol> <b>IMPERSONATION; TRADEMARKS; NAMES</b><br><ol> <li>You may not sell, buy, or solicit other forms of payment in exchange for usernames or account names.</li> <li>You may not impersonate or pretend to be another person or entity in order to deceive, cause consumer confusion, or infringe on a third party trademark.</li> <li>You may not register a username or account name that Cheezburger believes compromises its security or intellectual property rights (e.g., ssl.cheezburger.com, lolcats.cheezburger.com).</li> <li>Companies and businesses should report accounts misusing their trademarks or brand by sending an email to contactus@cheezburger.com.  Your complaint should list the following information: (1) Your account user name, (2) company website, (3) your trademarked word or design, (4) the trademark registration office (e.g., USPTO), (5) the trademark registration number and (6) your full contact information (e.g., name, email address, phone number, address). Using a word or symbol in a way does not infringe on a third party’s trademark rights is not a violation of Cheezburger’s trademark policy.</li> <li>Cheezburger permits you to create parody accounts, provided that end users are not confused and the account does not violate any third party intellectual property rights or laws. Nevertheless, Cheezburger may, in its discretion, terminate a parody account if it reasonably believes that (1) Cheezburger needs to do so in order to avoid a dispute with a third party or (2) the account is likely to cause confusion, blur, or dilute a registered or unregistered trademark.</li> </ol> <b>INACTIVE ACCOUNTS</b><br>Cheezburger may delete your personal page if you do not actively use it. To keep your account active, be sure to log in and update your personal page at least once every six months. Accounts may be permanently removed due to prolonged inactivity.<br> 97443 157 54490 2014-07-06T15:03:45-07:00 7 Member Created Sites Terms of Use Member,Created,Sites,Terms,Use,Legal Cheezburger, Inc. Member Created Sites. Last updated February 6, 2013We may change or update this policy from time to time. Notice of any changes o... 2 6 1 Member Created Sites Terms of Use 2015-07-29T00:22:06-07:00 2262792