A. Copyright Notification
1. FP is an Online Service Provider (“OSP”) within the meaning of 17 U.S.C. § 512 (the “DMCA”), providing digital transmission services to Users under the safe harbor from copyright infringement liability available to OSP’s. FP has a system for responding to takedown notices, does not interfere with the copyright owners’ ability to issue notices, and under appropriate circumstances, terminates users who repeatedly or blatantly infringe copyrights accordance.
2. In compliance with 17 U.S.C. §512(i)(A)(1), FP informs all Users that, if FP identifies a User whose postings are repeatedly the subject of complaints of copyright infringement submitted in the proper DMCA form, FP will terminate the User’s account, in appropriate circumstances. FP will, in its sole discretion, decide whether circumstances appropriately warrant termination of an account.
B. Visitor Notifications
3. FP encourages Users to post fun and interesting material, and does not screen for appropriateness, so Visitors are cautioned that if they are easily offended, they may wish to spend their Internet time elsewhere.
4. Media content at FP is not moderated or censored, and may contain images and statements offensive to some persons.
5. Anyone who believes they are being harassed by content or comment postings at FP, that violate the Community Guidelines can submit an Abuse Report at http://www.funnypictures.pk/contact/ . To be considered, an Abuse Report must specifically identify the allegedly abusive content or comment, and refer to the Community Guidelines allegedly violated. For more information, review the FP Community Guidelines http://www.funnypictures.pk/community_guidelines/.
6. Anyone who is a copyright-holder or the agent of a copyright-holder whose creations appear without consent on FP, can submit a content removal request at http://www.funnypictures.pk/copyright/.
C. Visitor Agreement
7. I am over the age of eighteen.
8. I have no objection to viewing un-moderated and uncensored media content, and agree that my sole remedy is to stop viewing FP.
9. I will not assert any claims against the Operator arising out of my viewing, posting or commenting at FP.
10. I agree that my use of FP is subject to all of the disclaimers of warranties and liability set forth below at Section E.5 below, and that any and all disputes arising between the Operator and myself will be subject to the Dispute Resolution provisions of this Agreement set forth in paragraph 45 below.
D. User Notifications
11. Users have a User Profile that records User activity. Users can control several features of the Profile, including whether other Users can view the User Profile, and whether to accept Personal Messages from other Users. Users agree to familiarize themselves with the Profile settings and exercise control over their Profile settings.
12. Users can “friend” and accept other Users as friends. Users are not obliged to accept any other Users as friends. Refusing a friend request will not notify the other User of your refusal.
13. Users are all included in a ranking system that records various indexes of their participation on FP. Users may not opt out of this ranking system, and accept the ranking system as a feature of FP. The ratings are solely for the sake of entertainment, and will not be the basis of any allocations of privilege or compensation. User agrees that the ratings have no monetary value or equivalent, and that User will never to make any claim against FP or any other User based on the rankings system.
15. FP is advertising-supported. Operator does not control which advertisements appear on FP, and makes no representations, express or implied, as to the value of the products or services offered through those advertisements.
16. FP hosts outbound hyperlinks that lead to other websites, including but not limited to advertising. Operator has no control over the operation of websites Users may access through outbound hyperlinks and makes no representations, express or implied, about the products or services offered by non-FP websites, or about their security practices.
E. User Agreement
E.1 Media Content Sharing Rules
17. FP features four types of media content (“Media Content”): (1) user-created media content (“User-Created Content”), (2) content created by others, i.e., other-created content (“Third-party Content”), (3) User comments (“Comments”), and content owned by FP (“FP Content”). Different rules, set forth below, apply to these four types of content, and Users who violate the rules may have their User status and User access to FP terminated.
18. All FP content appearing on FP, other than User-Created Content, Third-Party Content, and Comments, is the property of Operator, including FP text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “FP Content”.) FP Content is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
19. User agrees to allow FP and all other FP Users, free of charge and for personal use only, to view and transmit Media Content on or through the Website and any other electronic communication media or technology, including but not limited to Twitter and Facebook. User waives all claims or potential claims of infringement, contributory infringement, or any related claim that could be claimed to arise from User’s posting of User-Created Content and Comments on FP.
20. User grants FP the non-exclusive, royalty free right and license to reproduce and display User-Created Content and Comments, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of User-Created Content and Comments as necessary for the purposes of reproduction, display and transmission. User grants all other Users of FP the right to comment upon, reproduce, alter, distort, parody and satirize their own User-Created Content and Comments on FP.
21. User is granted a personal, non-exclusive, non-transferable, revocable right to access and use FP. This right is conditioned on User’s compliance with the Agreement, and may be revoked by FP at any time in the discretion of the Operator, for non-compliance with the terms of this Agreement or for no reason.
22. User agrees to utilize Media Content solely for personal use through the normal functionality of FP, and never to exploit the content of other Users for their own business purposes.
23. User agrees not to download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit FP Content. User agrees never to utilize FP or FP Internet resources or to access the FP system for any unlawful, deceptive, or damaging purpose, such as to transmit, facilitate, or conceal the transmission of spam, surreptitious communications, malware, viruses, worms, or other form of information crime and mischief.
24. User agrees to upload only Third-Party Content for which User holds intellectual property rights, including but not limited to, copyrights, trademarks, rights to the use of personal name and likeness, and rights of publicity.
25. User agrees to use the content posted by other Users only through the usual functionality of FP, which includes disseminating it through services like Twitter and Facebook, but will not attempt to copy, disseminate, license or sell any other User’s content for commercial use.
E.2 NSFW Rules
26. User will have access to a sub-forum identified as “NSFW”. User agrees and understands that the NSFW sub-forum may contain material that may be sexually provocative or explicit, further agrees that User is not obliged to view or use the NSFW sub-forum for any purpose, and further agrees that User’s sole remedy with respect to other Users and FP with regard to NSFW content is to not access or view it.
27. User may post material to NSFW that falls within commonly-accepted norms of adult entertainment or mature content, but only if it is User-Created Content or Third-party Content in which User holds the intellectual property rights.
28. User will not post adult entertainment or mature content anywhere except in the NSFW sub-forum.
29. User will not cross-post NSFW content into non-NSFW sub-forums, or otherwise cause NSFW content to be seen anywhere except in the NSFW sub-forum.
30. User agrees not to upload any User-Created Content or Third-Party Content anywhere on FP that depicts or appears to depict child pornography, underage nudity (partial or total), rape, physical or psychological abuse, dangerous acts, illegal acts, obscene, defamatory or libelous material.
31. User agrees not to infringe public policy and accepted moral standards and not to display, incite or otherwise promote illegal or immoral activity, violate any applicable laws or regulations.
32. Violation of the NSFW Rules will be responded to by immediate termination of the offending User account.
33. User agrees that in the event User commits a violation of the NSFW Rules that exposes Operator or FP to legal action of any sort, User will be liable to Operator for all damages occasioned thereby, and will defend, indemnify and hold FP and Operator harmless from any and all legal consequences.
E.3 User’s Duty To Respect Other Users and Community Guidelines
34. User agrees to abide by the Community Guidelines posted at http://www.funnypictures.pk/community_guidelines/. User agrees not to use the FP messaging function, to post Comments, or to post Media Content in violation of Community Guidelines.
35. Operator has no obligation and does not undertake to review any Comments or Media Content proactively for violation of Community Guidelines.
36. Users or Visitors may submit complaints alleging violation of the Community Guidelines posted at http://www.funnypictures.pk/community_guidelines/ using the form posted at http://www.funnypictures.pk/contact/.
37. User agrees that the determination of whether messages, Comments or Media Content violate Community Guidelines will be determined by the Operator in its sole discretion.
38. Operator may exercise any and all appropriate responses to remedy violations of Community Guidelines, including and up to termination of User accounts and reporting violations of law to legal authorities.
E.4 Users’ Duty To Respect The Intellectual Property Rights of Third Parties
39. User agrees to upload Third-Party Content that has been released into the public domain, or made available for lawful display by the owner of the copyrights under specified conditions that include display via FP, or for which User otherwise possesses necessary authorizations granted by the copyright owner(s).
40. Operator responds to duly-submitted complaints of copyright infringement through the DMCA procedure that copyright holders or their agents may initiate at http://www.funnypictures.pk/copyright/.
41. Repeated infringers may be terminated under appropriate circumstances, as previously stated at Section A of this Agreement.
E.5 Miscellaneous Provisions
42. USER AGREES THAT HIS OR HER USE OF THE WEBSITE SHALL BE AT THEIR SOLE RISK AND LIABILITY. EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY. OPERATOR, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. OPERATOR ALSO DISCLAIMS ALL WARRANTIES, TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR THE CONTENT PRESENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE WEBSITE.
43. USER AGREES THAT OPERATOR SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL OPERATOR BE LIABLE TO AN USER OR OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, REGARDLESS OF WHETHER OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
44. User agrees to indemnify and hold FP and Operator harmless from and against any liability, loss, damages, or other charges, including reasonable attorneys’ fees and the costs of investigating, defending or asserting any claim for indemnification, arising from or relating to User’s use of FP in a manner that violates this Agreement or any applicable laws.
45. User and FP agree that: this contract is deemed to have been made in the State of California; any dispute between User and FP arising out of or relating in any way to this Agreement or the operation of FP shall be interpreted in accord with the laws of the State of California; the dispute shall be subject to arbitration before a single arbitrator in Los Angeles County, California, through Judicial Arbitration and Mediation Service or by any substitute neutral as may be chosen by court order; no class action arbitrations shall be had; the prevailing party shall be entitled to an award of attorneys fees and costs; a petition to compel arbitration may be filed in the Main Downtown Courthouse of the Superior Court for Los Angeles County, or in any courthouse of the United States District Court for the Central District of California. A party that fails to file a responsive pleading in an action to compel arbitration shall be deemed to have waived the right to arbitration, and the matter shall proceed directly to a default proceeding before the court as in any ordinary lawsuit.
46. You agree to be bound by any affirmation, assent, communication or agreement you transmit through the FP online system, including but not limited to any consent you give to receive communications from FP solely through electronic transmission. You agree that, when in the future you click on “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
47. FP may amend or revise the Agreement or any other policy at any time and you agree to be bound by such revisions. Any such amendment or revisions will become effective upon the date it is first posted to this site. Users and Visitors have the responsibility to review this Agreement from time to time, and continued use of FP after such changes are posted will establish consent to any such amendments or revisions.
49. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.