TERMS OF USE OF CHEESE9.COM (sorry, nothing funny about this.)
DISCLAIMER: All images and comments published at www.Cheese9.com are published for purposes of comment, criticism, parody, and/or for the purpose of pointing out political and/or social injustice. Any similarity to real people, without parodic purpose, is a coincidence. All trade names, product names and trademarks of third parties, including any trademarked characters, used at www.Cheese9.com are used without the authorization of those third parties, and are used only for the purpose of parody and identification. No sponsorship, endorsement or affiliation by or with those third parties exists or should be implied.
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of Cheese9.com ("the Website") and any of the site activities, games or amusements (hereinafter referred to as “Amusements”), is subject exclusively to these Terms of Use. You will not use the Website/Amusements for any purpose that is unlawful or prohibited by these Terms of Use. By using the Website/Amusements you are accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms of Use, you must immediately stop using the Website/Amusements.
1.2 We reserve the right to update or amend these Terms of Use at any time and your continued use of the Website/Amusements following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms of Use regularly for any changes.
2 THE AMUSEMENTS
Cheese9.com is a consumer humor Website intended for use by mature audiences. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use.
Prohibited commercial uses include any of the following actions taken without Cheese9.com’ express approval:
1. Sale of access to the Website/Amusements on another website;
2. Use of the Website/Content for the purpose of gaining advertising or subscription revenue;
3. The sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or the Website;
4. Any use of the Website/Amusements that Cheese9.com finds, in its sole discretion, to use its resources or User Submissions with the effect of competing with or displacing the market for the Website, its Content, or its User Submissions.
3 AGE REQUIREMENT.
You must be at least 18 (eighteen) years old to use the Website/Amusement.
4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Amusement requires you to open an account, you will be required to complete the registration process by providing certain information and registering a username and password for use with that Amusement. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place within your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Cheese9.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You acknowledge and agree that if Cheese9.com disables access to your account, you may be prevented from accessing the Amusements, your account details or any files or other content which is contained in your account. You acknowledge and agree that while Cheese9.com may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Amusements or on the amount of storage space used for the provision of any Amusement, such fixed upper limits may be set by Cheese9.com at any time, at Cheese9.com’s discretion.
5 ACCEPTABLE USE
5.1 A. You may submit photos, graphics, audio, video or other content (“User Submissions”) to Cheese9.com. You understand that whether or not such User Submissions are published, Cheese9.com does not guarantee any confidentiality with respect to any User Submissions.
5.2 In using the Website/Amusements you agree not to:
5.2.1 use the Amusements to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.2.5 post, publish, disseminate or otherwise use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
5.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
5.2.7 collect or store personal information about others, including email addresses;
5.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.2.9 impersonate any person or entity for the purpose of misleading others;
5.2.10 violate any applicable laws or regulations;
5.2.11 use the Website/Amusements in any manner that could damage, disable, overburden or impair the Website/Amusements or interfere with any other party’s use and enjoyment of the Website/Amusements;
5.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
5.2.13 attempt to gain unauthorised access to any of the Amusements, other accounts, computer systems or networks connected to the Website/Amusements through hacking, password mining or any other means.
5.3 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 grant the rights granted to Cheese9.com herein.
5.4 Cheese9.com hereby grants you a limited, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Cheese9.com, any of its products and services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Cheese9.com also grants you a limited, non-exclusive right to export some community generated content (as permitted by Cheese9.com) to partners for printing on certain merchandise offered by those partners. These limited rights may be revoked at any time.
You may not frame or utilize framing techniques to enclose any Cheese9.com trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Cheese9.com's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Cheese9.com or any third party.
5.5 You retain all of your ownership rights in your User Submissions. However,
5.5.1 You hereby grant Cheese9.com a perpetual, irrevocable, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of the User Submissions (including, but not limited to, merchandise), and to incorporate such User Submissions into other works in any form, media, or technology now known or later developed. Cheese9.com shall not compensate you in any way besides granting you use of the Amusements/Website in accordance with the terms hereof, , Cheese9.com does not grant you any rights in the tools, artwork, graphical elements or any ointellectual property owned by Cheese9.com or its licensors except to the extent explicitly granted herein. Cheese9.com reserves all rights not explicitly granted herein.
5.5.2 You also hereby waive any moral rights you may have in such User Submissions under the laws of any jurisdiction. We may (but are not obligated to) display your User Submissions, including your username and your actual name (according to the preferences you select).
5.5.3 You also hereby grant each user of the Amusements/Website a non-exclusive license to access your User Submissions through the Amusements/Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Amusements/Website and under these Terms of Use.
5.6 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 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 Cheese9.com all of the license rights granted herein.
5.7 Cheese9.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Cheese9.com expressly disclaims any and all liability in connection with User Submissions. Cheese9.com does not permit copyright infringing activities and infringement of intellectual property rights on its Amusements/Website, and Cheese9.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Cheese9.com reserves the right to remove Content and User Submissions without prior notice.
5.8 If you provide feedback to us regarding the Amusements/Website, 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.
5.9 We have no obligation to monitor the Amusements but shall be entitled to review User Submissions and, at our sole discretion, to remove any User Submissions that breach these Terms of Use or are otherwise objectionable.
6 TERMINATION
We have the right to terminate your access to any or all of the Amusements at any time, without notice, for any reason, including without limitation, breach of these Terms of Use. We may also at any time, at our sole discretion, discontinue the Website/Amusements or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Amusements.
7 LINKS TO THIRD PARTY WEBSITES
The Website/Amusements may include links to, or display content such as video content from third party websites that are controlled and maintained by others. Any link to other websites or content from other Websites is not an endorsement of such websites and you acknowledge and agree that Cheese9.com is not responsible for the content or availability of any such sites.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 The Amusements/Website and its content (including without limitation the Amusements/Website design, text, artwork, graphics and all software and source codes (collectively referred to as “Software”) connected with the Website and the Amusements) are protected by copyright, trade marks, patents and other intellectual property rights and laws.
None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
8.2 Unless Cheese9.com has otherwise agreed in a writing signed by an authorized representative of Cheese9.com, nothing in the Terms gives you a right to use any of Cheese9.com’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Amusements.
8.4 Unless you have been expressly authorized to do so in writing by Cheese9.com, you agree that you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8.5 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Cheese9.com, in writing.
8.6 It is Cheese9.com’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). Cheese9.com may terminate the accounts of repeat infringers and delete their content. Details of Cheese9.com’s policy can be found below.
9 WARRANTY AND INDEMNITY
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE USER SUBMISSIONS WHICH YOU SUBMIT AND THAT THE USER SUBMISSIONS DO NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE USER SUBMISSIONS OR ANY PARTS OF THE USER SUBMISSIONS. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You agree to indemnify and hold Cheese9.com harmless from and against any breach by you of these Terms of Use and any claim or demand brought against Cheese9.com by any third party arising out of your use of the Amusements and/or any User Submissions submitted, posted or transmitted through the Amusements, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Cheese9.com in consequence of your breach of these Terms of Use.
10 DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 USE OF THE WEBSITE/AMUSEMENTS IS AT YOUR OWN RISK. THE WEBSITE/AMUSEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
10.2 TO THE EXTENT PERMITTED BY LAW, CHEESE9.COM WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, OPPORTUNITY, DATA, PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE/AMUSEMENTS.
10.3 CHEESE9.COM MAKES NO WARRANTY THAT THE WEBSITE/AMUSEMENTS WILL MEET YOUR REQUIREMENTS, THAT CONTENT WILL BE ACCURATE OR RELIABLE, THAT THE FUNCTIONALITY OF THE WEBSITE/AMUSEMENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE/AMUSEMENTS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE.
10.4 YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT CHEESE9.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, CHEESE9.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS WEBSITE.
10.4 Nothing in these Terms of Use shall affect your statutory rights as a consumer.
11 ADVERTISEMENTS
11.1 Some of the Amusements are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Amusements, queries made through the Amusements or other information.
11.2 The manner, mode and extent of advertising by Cheese9.com is subject to change without specific notice to you.
12 SEVERANCE
If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be enforced only to the extent it is enforceable and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
13 GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the law of Washington state and you hereby submit to the exclusive jurisdiction of the courts in King County, WA.
DIGITAL MILLENNIUM COPYRIGHT ACT
Cheese9.com responds to notices of alleged copyright infringement. This page describes the procedures related to allegations of infringement. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov).
Cheese9.com’s response to these notices may include removing or disabling access to allegedly infringing material and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.
Infringement Notification for Web Search and all other products
To file a notice of infringement with us, please provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite Cheese9.com’s ability to process your request, please use the following format (including section numbers):
Identify in sufficient detail the copyrighted work that you believe has been infringed (for example, "The copyrighted work at issue is the text that appears on http://www.______.com/_______.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the book titled “The Big Hairy Dog” by Bark Loudly, published by _________, ISBN #___________").
Identify with specificity the material that you claim infringes the copyrighted work.
Provide your contact information (email address is preferred).
Provide contact information, if possible, for the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Digitally sign the notice.
Email the written communication to the following address:
admin@cheese9.com
Attn: Cheese9.com Legal Support, DMCA Complaints
ADDRESS
OR fax to:
(425) ________, Attn: Cheese9.com Legal Support, DMCA Complaints
Counter Notification
The law permits the publisher of the allegedly infringing content or a site administrator of an affected site to make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When Cheese9.com receives a counter notification, we may reinstate the complained-of material.
To file a counter notification, please provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the specific URLs or other unique identifying information of material that Cheese9.com has removed, to which Cheese9.com has disabled access or to which Cheese9.com referred in a communication with you.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or King County, WA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
Digitally sign the paper.
Email the written communication to the following address:
admin@cheese9.com
Attn: Cheese9.com Legal Support, DMCA Counter Notification
Address
OR fax to:
(425) _______, Attn: Cheese9.com Legal Support, DMCA Counter Notification
