Terms of Service
Terms of Service
Please read the following terms carefully before using likealaugh.
Last Modified: 28.11.2014
Accepting the Terms of Service
The purpose of this website, thejumblr.com (the “Site”), owned and operated by “likealaugh”, is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“User” or “You”) under the following terms and conditions:
Subject to the terms and conditions of this Agreement, likealaugh may offer to provide the Services, as described more fully on the Site, and which are selected by User, solely for User’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services likealaugh performs for User, as well as the offering of any Content (as defined below) on the Site. likealaugh may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. likealaugh may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. likealaugh Inc reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice via e-mail, where possible, or on the Site. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such modification constitutes User’s acceptance of the terms and conditions of this Agreement as modified.
1.Responsibility of Website Visitors:
likealaugh has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, likealaugh does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. likealaugh disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
User certifies to likealaugh that if User is an individual (i.e., not a corporate entity), User is at least 13 years of age. No one under the age of 13 may provide any personal information to or on likealaugh (including, for example, a name, address, telephone number or email address). User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. likealaugh makes no claim that the Site may be lawfully viewed or that Content may be downloaded outside of Iceland. Access to the Content may not be legal by certain persons or in certain countries. If You access the Site from outside Iceland, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.
likealaugh will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by likealaugh to minimize such disruption where it is within likealaugh ’s reasonable control.
You agree that neither likealaugh nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your User Content or other Content.
likealaugh retains the right to create limits on use and storage in its sole discretion at any time with or without notice.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Content
The Site and its contents are intended solely for the use of likealaugh Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the likealaugh Template Code (as defined below) (collectively, “Content”) (other than Content posted by User (“User Content”)) are the property of likealaugh and/or third parties and are protected by Iceland and international copyright laws. The likealaugh API shall be used solely pursuant to the terms of the API Terms of Service. All trademarks, service marks, and trade names are proprietary to likealaugh and/or third parties. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to Iceland copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
User may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that User maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from likealaugh , or from the copyright holder identified in such Content’s copyright notice. In the event You download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by likealaugh or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the User Content on which the Software is recorded, but likealaugh or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
3. User Content
User shall own all User Content that User contributes to the Site, but hereby grants and agrees to grant likealaugh a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such User Content and to allow others to do so (“Content License”) in order to provide the Services. On termination of User’s membership to the Site and use of the Services, likealaugh shall make all reasonable efforts to promptly remove from the Site and cease use of the User Content; however, User recognizes and agrees that caching of or references to the User Content may not be immediately removed. User warrants, represents and agrees User has the right to grant likealaugh and the Site the rights set forth above. User represents, warrants and agrees that it will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after User has been notified that such User Content violates any of sections (a) to (e) of this sentence. likealaugh reserves the right to remove any User Content from the Site, suspend or terminate User’s right to use the Services at any time, or pursue any other remedy or relief available to likealaugh and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if likealaugh is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
Responsibility of Contributors:
If you operate an account, comment on a post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by likealaugh or otherwise.
By submitting Content to likealaugh for inclusion on your Website, you grant likealaugh a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, likealaugh will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, likealaugh has the right (though not the obligation) to, in likealaugh’s sole discretion (i) refuse or remove any content that, in likealaugh’s reasonable opinion, violates any likealaugh policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in likealaugh’s sole discretion. likealaugh will have no obligation to provide a refund of any amounts previously paid.
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of User’s right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any likealaugh user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will User use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
5. Warranty disclaimer
likealaugh has no special relationship with or fiduciary duty to User. User acknowledges that likealaugh has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or user who posted the Content. likealaugh does not monitor the Content of the Site and takes no responsibility for such Content. User releases likealaugh from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. likealaugh makes no representations concerning any content contained in or accessed through the Site, and likealaugh will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Although likealaugh and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither likealaugh nor the Site is responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content.
The Services, Content, Site and any Software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. likealaugh makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, likealaugh disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that likealaugh is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by users; (4) the temporary or permanent inability to access or retrieve any User Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
6. Third party websites
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of likealaugh or the Site. Unless explicitly otherwise provided, neither likealaugh nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. likealaugh and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or likealaugh with respect to such sites and third party content.
7. Registration and security
As a condition to using Services, User will be required to register with likealaugh and select a password and likealaugh URL. User shall provide likealaugh with accurate, complete, and updated registration information, including User’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (a) select or use as a likealaugh URL a name of another person with the intent to impersonate that person; or (b) use as a likealaugh URL a name subject to any rights of a person other than User without appropriate authorization. likealaugh reserves the right to refuse registration of, or cancel a likealaugh URL in its discretion. User shall be responsible for maintaining the confidentiality of User’s likealaugh password. User is solely responsible for any use of or action taken under User’s password and accepts full responsibility for all activity conducted through User’s account and agrees to and hereby releases the Site and likealaugh from any and all liability concerning such activity. User agrees to notify likealaugh immediately of any actual or suspected loss, theft, or unauthorized use of User’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
User will indemnify and hold likealaugh , its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.
9.Limitation of liability
In no event shall likealaugh , its directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. likealaugh ‘s and the Site’s collective liability under this agreement shall be limited to three hundred U.S. Dollars. Some places do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to User.
10. Fees and payment
Some of the Services require payment of fees. All fees are stated in U.S. dollars. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Site. User represents to likealaugh that User is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. likealaugh may modify and/or eliminate such fee-based Services at its discretion. User understands and agrees that the payment for virtual goods grants User a limited license to use the virtual goods as specified on the Site.
likealaugh may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Site and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
Either party may terminate the Services at any time by notifying the other party by any means. likealaugh may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. likealaugh may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Upon termination of User’s account, User’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to likealaugh or the Site, including without limitation any indemnification obligations contained herein.
If you wish to terminate this Agreement or your thejumblr.com account (if you have one), you may simply discontinue using the Website.
14. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
likealaugh respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.
Copyright Infringement and DMCA Policy:
As likealaugh asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by thejumblr.com violates your copyright, you are encouraged to notify likealaugh in accordance with likealaugh’s Digital Millennium Copyright Act (“DMCA”) Policy. likealaugh will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. likealaugh will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of likealaugh or others. In the case of such termination, likealaugh will have no obligation to provide a refund of any amounts previously paid to likealaugh.
likealaugh’s intellectual property policy is to (a) remove material that likealaugh believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any User Content posted to the Services by “repeat infringers.” likealaugh considers a “repeat infringer” to be any user that has uploaded User Content to the Services and for whom likealaugh has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. likealaugh has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon likealaugh’s own determination.
This Agreement does not transfer from likealaugh to you any likealaugh or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with likealaugh. likealaugh, Likealaugh, thejumblr.com, the thejumblr.com logo, and all other trademarks, service marks, graphics and logos used in connection with thejumblr.com, or the Website are trademarks or registered trademarks of likealaugh or likealaugh’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any likealaugh or third-party trademarks.
Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
Identification of the specific 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 likealaugh to locate the material;
Information reasonably sufficient to permit likealaugh to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that the 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 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.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information:
Via E-mail: email@example.com
If you receive a notification from likealaugh that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide likealaugh with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to likealaugh’s Designated Agent through one of the methods identified immediately above, and include substantially the following information:
A physical or electronic signature of the user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which likealaugh may be found, and that the user will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
likealaugh’s Actions Following Receipt of Counter Notification:
Upon receipt of a Counter Notification, likealaugh shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and likealaugh will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter Notice, unless likealaugh’s Designated Agent first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on likealaugh’s system or network.
False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [likealaugh] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Furthermore likealaugh, likealaugh its directors, officers, shareholders, employees or members are protected by icelandic copyright laws and the „Icelandic Modern Media Initiative“.
likealaugh reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act or the I.M.M.I. and the procedures set forth in this Agreement should be sent to the Designated Agent at firstname.lastname@example.org or to the postal address identified above. Any other comments, compliments, complaints or suggestions about likealaugh, the operation of the Services or any other matter should be sent to email@example.com.
General Representation and Warranty:
Last Modified: 1st March 2014 All the pictures and videos shown on thejumblr.com are the property of their respective owners. All the pictures and videos contained on thejumblr.com were collected from different public sources, including different websites, considered to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)
thejumblr.com does not claim to own exclusive rights on all images and videos published. All sources we use to create our articles are and will be credited with a proper link-back However, we are hosting a lot of uncredited material from unknown authors we received via mail, from friends and our readers. Furthermore we ask you to understand that a lot of our content is user generated which makes it almost impossible to guarantee that the uploader is always the creator of said content. Although if he or she agrees to our TOS, he or she complies to only posting content with the legal permission of the creator. So if anything posted on thejumblr.com is yours and you did not create the post, please contact us and we will respond accordingly.
If you own copyrights to some material such as images or data and you want us to remove it from our pages, contact us to claim your ownership and we will either credit you and your website, or if you wish – completely remove the content.
Designated Contact Information:
Via E-mail: firstname.lastname@example.org