Please read carefully these terms and conditions herein apply to this website, at: www.HilarityByDefault.net, which is owned and operated by Hilarity by Default.
RESTRICTIONS ON USE OF MATERIALS:
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Hilarity by Default. No material from this Web site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein is strictly forbidden.
Modification of the materials or use of the materials for any other purpose is a violation of Hilarity by Default’ copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Hilarity by Default.
Usage by Children Under 13
Hilarity by Default cannot prohibit minors from visiting this site. Hilarity by Default must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations — including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Hilarity by Default to either a foreign national or a foreign destination in violation of such laws.
Forums and Public Communication
“Forum” means a discussion group, chat area, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of this Web site or any other Hilarity by Default Web site. You shall not upload to, distribute through, or otherwise publish through a Forum on this Web site or any other Hilarity by Default Web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this Web site or any other Hilarity by Default Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
It is our policy to respect the privacy of all guests. Therefore, subject to the terms of the Hilarity by Default privacy statement, in general, we will not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of this Web site or any other Hilarity by Default Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to comply with the law or comply with legal process served on Hilarity by Default; protect and defend the legitimate business interests, rights or property of Hilarity by Default, it’s users, advertisers, customers, sponsors, advertisers or affiliates; or act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.
Please see our Forum Rules and Participation Guidelines of more information.
NO WARRANTIES OR REPRESENTATION:
THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO HILARITY BY DEFAULT, ITS OWNERS, EMPLOYEES , AGENTS AND ITS AFFILIATES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HILARITY BY DEFAULT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF HILARITY BY DEFAULT OR A HILARITY BY DEFAULT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HILARITY BY DEFAULT TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Pennsylvania and jurisdiction therefore shall rest solely in Pennsylvania, USA.
Consents and Waivers:
The failure of Hilarity by Default at any time to require, insist upon or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a Party of any condition or any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty.
You agree to indemnify, defend and hold harmless Hilarity by Default, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Your use of this Site.
Hilarity by Default shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by Hilarity by Default to link its servers to the Internet.
Hilarity by Default reserves the right to change the terms, conditions, policies and guidelines for this Site, including this Agreement. You are responsible for regularly reviewing these terms, conditions, policies and guidelines, and any additional terms posted on the Site. Your continued use of the Hilarity by Default Site and Services constitutes your agreement to all such terms, conditions, policies and guidelines. Any changes may be posted without notice, and will become effective when posted on the Site.
All notices required under this Agreement shall be in writing and shall be made either by conventional mail, overnight courier, or other commercial delivery services. Hilarity by Default may also broadcast notices or messages through the Site to inform you of changes to this Agreement, a Service, or other matters. These broadcasts also constitute notice to you. All notices to Hilarity by Default must be made in writing e-mailed to email@example.com.
Links to Other Sites:
Hilarity by Default contains links to third-party Websites. These links are provided solely as a convenience to you and do not constitute endorsement or approval by Hilarity by Default of the content on such third-party Websites. Hilarity by Default is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. Hilarity by Default does not make any representations regarding the content or accuracy of materials on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk. Your use of third-party Websites may also be subject to the terms and conditions of use of such sites.
The use of a hyperlink is not an endorsement of a company, product, or opinion. The use of the hyperlink does not imply that Hilarity by Default agrees with the content being linked to nor do we guarantee that the content contains accurate information. Hilarity by Default has no obligation to link to any site.
Intellectual Property (Trademarks and Copyrights):
Unless otherwise indicated, Hilarity by Default owns all copyrights in the materials on this Site. You may print and download portions of materials from the different areas of this Site solely for your own noncommercial use. Any redistribution, resale, retransmission, or publication of the copyrighted material posted at this Site is strictly prohibited without the express written consent of Hilarity by Default. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from Hilarity by Default.
Hilarity by Default, the distinctive look and feel, GIF, JPEG, graphic and icon designs on this Site are trade names, trademarks and/or service marks of Hilarity by Default and are protected by state, federal, and international law. Any other marks used on this Site are the property of their respective owners..
Third-party Websites may use the Hilarity by Default logo if they first notify Hilarity by Default and agree to use the logo or mark in conformance with Hilarity by Default’s Linking Agreement.