Joke Tune Network Terms and Conditions

Terms and Conditions

Thank you for visiting our website (the “Website”), which is owned and provided by Joke Tune Network(including its affiliates, “Joke Tune Network”). Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available by clicking HERE please do not use the Website or any services offered by the Website. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS AND REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OLD OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

Member Accounts

In order to use certain features of the Website, you may need to create an account (“Account”). If the Website requires you to create a User Account, you may never use another User’s Account without permission. All content posted by you via your User Account must comply with Advertising and Marketing codes.

Intellectual Property Ownership

Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by Joke Tune Network(or its affiliates) or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Joke Tune Network and you, all right,

title and interest in and to the Content will at all times remain with Joke Tune Network and/or its Owners.

All brand names, product names, titles, slogans, logos, or service names and other marks used on the

Website, are registered and/or common law trade names, trademarks or service marks of Joke Tune

Network.

Limited Use; Restrictions on Use

You are permitted to use the Content and/or any services and products on the Website for lawful purposes as provided in the Terms of Use only; any other use or misuse of any Content is strictly prohibited. Joke Tune Network grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense, under the following conditions: you shall not, without Joke Tune Network’s express written consent: (a) copy, retransmit, modify,

disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or

modify or re-use all or part of the Content, (b) use any trade name, trademark, or brand name of Joke Tune Network in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Joke Tune Network, the Owner, or any third party referenced therein. Joke Tune Network reserves all other rights. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Joke Tune Network’s and/or its

Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Joke Tune Network may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social Media Sites and Third Party Links

From time to time, the Website may include features and functionality that allow you to interact with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”). Joke Tune Network provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites. Joke Tune Network is not responsible for the contents or transmission of any Linked Site or Social Media Site or for the terms of use or privacy practices of any Linked Site of Social Media Site. You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon Joke Tune Network or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with Joke Tune Network(if any) or any consideration you may receive from Joke Tune Network in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding Joke Tune Network or any of its products on any Social Media Site regardless of any material connection you may have with Joke Tune Network or your receipt of any

consideration. IF YOU MAKE ANY CLAIM REGARDING Joke Tune Network OR ANY OF Joke Tune Network’s PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT Joke Tune Network, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.

Submitted Ideas

While Joke Tune Network appreciates your interest, we expressly request that you do not submit any ideas or information except via our contact us page. All submitted ideas will be subject to the policies published below. We ask that you never submit an idea that you consider to be confidential and/or proprietary. If you chose to ignore this request and submit any ideas or information other than described below, please be aware that, except with respect to your personally identifiable information, (which is governed by our Privacy Policy, all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Joke Tune Network. Further, you understand and acknowledge that Joke Tune Network employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your suggestions and that Joke Tune Network is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Joke Tune Network assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion. Without limitation, Joke Tune

Network shall exclusively own, and you hereby irrevocably transfer and assign to Joke Tune Network, all now known or hereafter existing rights in and to the suggestion, and Joke Tune Network shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

Community Guidelines

In addition to links to Social Media Sites, the Website itself may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by

interacting in real-time (together with the Joke Tune Network relevant sections of the Social Media Sites, the “Community Forums”). If the Website includes any Community Forums, the restrictions and obligations contained in this Section shall apply.

Joke Tune Network shall monitor the Community Forums on a regular basis for compliance with our Advertising and Marketing Codes and for any readily apparent violations of these Terms of Use or illegal content. Notwithstanding the foregoing, you acknowledge that Joke Tune Network is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and  shall have no liability to you for any content posted in a Community Forum.

You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. Joke Tune Network reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.

By using this site, you: (a) direct Joke Tune Network to store any comments, images, or other content that you submit (“Submissions”) on our servers and systems solely at your instruction, if applicable, (b) grant Joke Tune Network an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the submission into Content that may be commercial in nature. Finally, you are expressly prohibited from submitting any of the following (“Prohibited Submissions”):

Any Submission that promotes disparages competitive products, is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child- pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Any Submission that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

Unsolicited promotions, political campaigning, advertising or solicitations;

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or

Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Joke Tune Network or its affiliates or its users to any harm or liability of any type.

No Archive

Even if this Website includes features and functionality that permit you to upload certain Submissions to our services or systems, this Website is not and shall not function as an archive. Joke Tune Network shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.

United States Only

By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the Joke Tune Network Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Pennsylvania with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Pennsylvania, and (c) the exclusive jurisdiction of the courts of the United States and the State of Pennsylvania. Any claim or dispute between you and Joke Tune Network that

arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Allentown, Pennsylvania, U.S.A. Each

party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

 

Disclaimers

WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN JOKE TUNE NETWORKHEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOKE TUNE NETWORK, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN

THIS SECTION. ADDITIONALLY, JOKE TUNE NETWORKDOES NOT MAKE ANY WARRANTIES

THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. JOKE TUNE NETWORKRESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.

 

Limitation of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER JOKE TUNE NETWORK, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL,

 

CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER

INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON

BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS

INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF JOKE TUNE NETWORKWAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST JOKE TUNE NETWORKAND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF JOKE TUNE NETWORKAND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF

THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE

WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

 

Digital Millennium Copyright Act

Joke Tune Network is committed to respecting and protecting the legal rights of copyright owners. As such, Joke Tune Network adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Joke Tune Network’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

 

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;

 

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

 

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 

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

 

 

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

Joke Tune Network’s Copyright Agent to receive DMCA Takedown Notices is: email: inmate@JokeTune

Network.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other

feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for Joke Tune Network to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

 

No Framing; Links; Third Party Sites

Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from Joke Tune Network.

 

Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

 

Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Joke Tune Network without restriction.

 

Notice

From time to time, Joke Tune Network may revise these Terms of Use. To help you stay current of any changes, Joke Tune Network takes the following two steps: (1) Joke Tune Network notes the date the Terms of Use was last updated below and (2) when Joke Tune Network makes a change to the Terms of Use, Joke Tune Network posts conspicuous announcements of such changes on the Website next to the link to these Terms and Conditions. Your use of the Website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. Joke Tune Network strongly recommends checking Terms of Use periodically. If, and only if, Joke Tune Network makes revisions to the Terms of

Use that result in a material lessening of the restrictions on Joke Tune Network’s use or disclosure of your Personal Information, Joke Tune Network will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the

Website constitutes your agreement to the Terms of Use as in effect.

 

Miscellaneous

Joke Tune Network’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms

of Use and of any notice given in electronic form shall be admissible in judicial or administrative

 

proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

 

 

 

Your Ideas:

 

This Agreement sets forth the terms and conditions you agree to by submitting an idea or suggestion. We have created this information to allow you to submit suggestions to us and to avoid misunderstandings. Please read and consider the terms of this Agreement carefully before deciding whether or not to submit your suggestion. Joke Tune Network will not review or consider a suggestion from you unless you have agreed to the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT SUBMIT ANY IDEAS TO US PERIOD. However, if you have an idea that you would like to submit, we’re happy to hear about it under these Terms. Joke Tune Network already employs a large number of people who work at Joke Tune Network or who are our vendors under contract who are constantly providing new ideas and concepts. As a result, many outside suggestions that we receive are already known or available to us, are in our files for future use or development, or have already been tried or exhausted. Your suggestion submitted through this form will go into our suggestion database, which is reviewed by our staff. If we decide to use an idea submitted by you, we may, but are not

obligated to, provide you with a prize or nominal award for your suggestion, such as public recognition, a coupon or other stuff. Any prize or award for an idea used by Joke Tune Network shall be given solely at our discretion. SUBMITTING YOUR SUGGESTION DOES NOT CREATE ANY CONTRACT BETWEEN JOKE TUNE NETWORK AND YOU, IMPLIED OR OTHERWISE, EXCEPT FOR THESE TERMS, AND YOU SHOULD HAVE ABSOLUTELY NO EXPECTATION THAT YOUR SUBMISSION WILL BE USED OR THAT YOU WILL BE COMPENSATED IN ANY WAY IF WE DO USE IT. In addition to the other terms and conditions of this Agreement, by submitting a suggestion to Joke Tune Network, you represent and agree as follows:

 

  • You acknowledge that we may have already independently developed, or be in the process of developing, or may develop at a future date ideas similar to your idea, and you waive any claim based upon the similarity of such ideas.

 

  • You have all necessary rights to submit your idea to Joke Tune Network, including without limitation under any applicable alcohol beverage, advertising and/or marketing codes and standards, and are not aware that it is owned or claimed to be owned by a third party or that it infringes the patent, copyright, trademark or other intellectual property rights of another.

 

  • Anything you submit to us can be used without restriction by Joke Tune Network and by anyone to whom it is disclosed by or for Joke Tune Network, and if used, it shall be owned by Joke Tune Network. You also agree to sign any further documents we ask you to sign that confirm this.

 

  • Anything you submit to us is not confidential and Joke Tune Network has no duty or obligation to hold it in confidence.

 

  • Although Joke Tune Network may, from time to time, provide a prize or award for useful suggestions, it does so in its sole discretion and is not required to do so. You waive any and all claims for any compensation in the event that Joke Tune Network uses your idea or any idea similar to it. In the

 

event that the foregoing waiver is held to be invalid for any reason, you agree that the maximum compensation to which you would be entitled for the use of your idea will not exceed $10.

 

  • Your submission is made for good and valuable consideration, hereby acknowledged as received.

 

  • You are at least eighteen (18) years of age.

 

  • To the extent the terms of Joke Tune Network’s general website Privacy Statement, Terms of Use, and/or any other statements, policies or agreements applicable to the use of Joke Tune Network’s web site in general, shall differ from the terms of this Agreement, the terms of this Agreement shall apply and

shall be controlling.

 

  • You agree to let us contact you at our discretion following receipt of your submission. We urge you to consult with an attorney if you are unsure of whether, or how, your suggestion may be protected by law, and before submitting any suggestion for which compensation is sought or for which you seek to submit on terms or conditions other than those stated in this Agreement. This Agreement is entered into

in the State of Pennsylvania. It, and any dispute arising under or in connection with it, shall be interpreted

under the laws of the State of Pennsylvania (not including conflicts of laws provisions), and, regardless of where you live, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Pennsylvania. No joint venture, partnership, agency, or employment relationship exists between Joke Tune Network and you by virtue of your submitting a suggestion and entering into this Agreement.

 

By submitting your idea you confirm that you have read and agree to the terms & conditions above and that you have read the privacy policy in its entirety and intending to be legally bound and you hereby accept and agree to these terms.