Terms + Privacy
Updated and Effective as of August 19, 2021
2. Your Responsibility
3. User Submissions and Interactive Areas
4. Copyright Infringement and Trademark Rights
6. Modifications To Terms
7. Modifications To the Services
8. Password, Security and Confidentiality
11. Third Party Websites
12. Disclaimer of Warranties
13. Limitations of Liability
15. Notice of Arbitration Provision and Waiver of Jury Trial
16. Trademarks & Patents
17. Copyrights; Restrictions on Use
By joining, and/or each time you access and use the Services, you signify that you have read and understand, and agree to be bound by, these Terms. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you do not agree to these terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.
Contact Us: If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us here or by post to 1013 N. Orange Drive, Los Angeles, CA 90038. If we have to contact you or give you notice in writing, we will do so by email and post to any (email) address you provide to us.
- The key terms you should consider are the limitations on liability contained in the sections titled Disclaimer of Warranties and Limitations of Liability, and a class action waiver and resolution of disputes by arbitration in the section titled Arbitration Agreement.
- We recommend that you print a copy of these Terms and the Privacy Notice for your future reference.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: AS MORE FULLY DESCRIBED IN THE ARBITRATION AGREMENT SECTION BELOW, YOU AGREE THAT DISPUTES UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Your Responsibilities
You are responsible for obtaining and maintaining at your own cost all equipment and services needed for access to and use of the Services. When you register with us and each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Notice and that you have no ownership or proprietary interest in your account other than as set out in these Terms. If you elect to register with us, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. If any information you provide is or becomes untrue, inaccurate, or incomplete, we have the right to terminate your access to and use of your account and the Services. In addition, you agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Services; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any “robot,” “spider,” “rover,” “scraper” or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Services, our network or databases; (h) use any features of the Services for anything other than their intended purpose; (i) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or (j) assist, permit or encourage any person to perform any of the activities described above.
You must be thirteen (13) years of age or older to participate in any activities or services offered on our Sites.
Restrictions and Commercial Use: Other than as set provided for in these Terms: you may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicence or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or out networks. You may not modify, adapt, or create derivative works from the software or remove proprietary notices in the software. You undertake not to use the Services for any purpose that is fraudulent or unlawful, not to interfere with the operation of the Services. Your use of the Services must comply with our policies.
3. User Submissions and Interactive Areas
We may provide interactive activities for the Sites’ communities such as chat rooms, article and blog comment posting areas, SMS text messaging and mobile alerts (collectively, ‘Interactive Areas‘) for the enjoyment of our visitors. You must be thirteen (13) years of age or older to participate in the Sites’ Interactive Areas.
Any User Submissions or postings by visitors to certain parts of the Sites, including, without limitation, Interactive Areas, will be public and posted in public areas on our Sites. The Sites, Company, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Sites’ Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.
We do not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Services, including any such materials that you submit through Interactive Areas (collectively, “User Submissions“). As between you and us, you own all rights to your User Submissions. However, you grant (and confirm and promise to us that you have the right to grant) to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, translate, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Notice. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attributions with respect to your User Submissions. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you. These advertisements may be targeted to the content or information stored on the Services. In consideration for us granting you access and use of the Services, you agree that we may place such advertisements throughout our Services. We do not pre-screen all User Submissions, and you agree that you are solely responsible for all of your User Submissions. By participating in any of the aforementioned activities, all visitors and members agree to follow the Company’s standards of conduct. Postings to public areas may or may not be reviewed by Company prior to appearing on the Sites. Nonetheless, Company reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Sites. Company will also cooperate with local, state and/or federal authorities to comply with applicable law.
We are not required to backup, host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). Your User Submissions must not violate our policies. You may not represent or imply to others that your User Submissions are in any way provided, sponsored or endorsed by us. Please consider the risks of revealing personal information (such as name, phone number or street address) about yourself or others in Interactive Areas, including when connecting to the Sites through a third-party service. You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the Service, such as your home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this section 3 will survive the termination of these Terms.
All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. The content is provided “as is,” and your use or reliance on such materials are solely at your own risk.
Our Sites contains facts, views, opinions, and statements of third parties, visitors and other organizations. The Sites, Company, and/or any of its subsidiaries, affiliates, brands, divisions, entities that it controls, or parent companies do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through our Sites. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Sites, Company, and/or any of its subsidiaries, affiliates, brands, divisions, entities that it controls, or parent companies shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Sites.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, email, transmit, upload, or otherwise make available through our Sites.
You agree not to use the Interactive Areas or the Sites to make available any content that:
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person;
- contains unauthorized advertising or solicits other visitors; or
- is intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on this website.
The Sites strive to make their Interactive Areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations, and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor’s registration and access to the Sites, at the Company’s sole discretion, in addition to any other remedies. The Sites may provide interactive activities on several topics, but our staff or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. These hosts claim no professional expertise or authority. We may also post additional guidelines and/or a code of conduct for certain Interactive Areas or events. Any additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules of a specific event and this Agreement, the rules of the specific event will govern. If you see objectionable content or have any questions about this Agreement, please contact us.
4. Copyright Infringement and Trademark Rights
We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 ( ‘DMCA‘), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.
1013 N. Orange Drive, Los Angeles, CA 90038
Your written notice must:
(a) contain your physical or electronic signature;
(b) identify the copyrighted work alleged to have been infringed;
(c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
(d) contain adequate information by which we can contact you (including postal address, telephone number, and email address);
(e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;
(f) contain a statement that the information in the written notice is accurate; and
(g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at email@example.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright. Send counter-notices to the same addresses listed above and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
If the Sites receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a ‘repeat copyright infringer.’ The Company reserve the right to terminate the accounts of ‘repeat copyright infringers.’
Material on our Sites may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on our Sites without prior notice.
We may terminate or suspend your access to all or part of the Services, without notice, if you violate these Terms or engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the Services, or any third party. You agree that Company shall not be liable to you or any third party for removing your user submissions or suspending or terminating your access to the Services (or any portion thereof). You may discontinue your participation in and access to the Services at any time. We reserve the right to investigate your use of the Services in the event we, in our sole and absolute discretion, believe you have violated these Terms. Upon termination, we have no obligation to retain, store, or provide you with any data, information or other content that you uploaded, stored, or transferred on or through the Services, other than as provided by law and in accordance with our Privacy Notice.
You can request to disable your account at any time, for any reason, by emailing us here with the subject ‘Close My Account‘. Please provide as much information as you can about your account, so we may identify the account and you correctly. If we do not receive sufficient information, we will be unable to disable or delete your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
6. Modifications To Terms
We may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering for an account. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
7. Modifications To the Services
We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The Internet site is provided over the Internet and so the quality and availability of the site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Sites or for any loss of material, data, transactions, or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you, or any third party should Company exercise its right to modify, suspend or discontinue the Services.
8. Security and Confidentiality
Information obtained by you via your account and information disclosed directly to you by us ( ‘Confidential Information‘) shall be kept strictly confidential by you and used only for the purpose of interacting with and transacting on the platform and shall not be disclosed by you in whole or in part, directly or indirectly to any third party, provided that: (a) you may disclose such information to any of your employees, solicitors and other professional advisors (if appropriate) for the purpose of working with you in connection with your decision to use the Services, on the basis that you understand that you will be responsible for their use and handling of such information; and (b) Confidential Information shall not include information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any information received by you from us; or (iv) you are required to disclose in accordance with applicable law, provided that you give us as much advance written notice of such requirement as is reasonably practicable in the circumstances.
Email is an important communication method for our online visitors. The person in whose name the email account is registered should generate all email sent to us. Email users shall not mask their identity by using a false name or another person’s name or account. We will use your email address and the content of any email for correspondence and visitor response purposes. Any non-personal information you provide to us by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas, or the like, shall be deemed to be non-confidential, and we assume no obligation to protect such non-personal information contained in the email from disclosure.
The submission of non-personal information to us shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas or the like by the Sites, Company, their parents, affiliates, subsidiaries or operational providers for any purpose, and the Sites, Company, their parents, affiliates, subsidiaries and operational providers shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction. Any personal information transmitted with an email, such as the sender’s name, email, or home addresses, will be protected in accordance with the policies set forth in our Privacy Notice.
The Sites may offer mobile SMS/text message and mobile alerts updates as a text messaging/mobile email service. Please read these terms and conditions prior to using the service. By using the service, you agree to be legally bound by this Agreement and our Privacy Notice. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SERVICE. Please note that to process your requests for this service, you may be charged a fee to send and receive messages based on the terms of your wireless service. Check your wireless service provider if you have questions about your service plan.
By signing up for the Services and providing us with your wireless number, you confirm that you want us to send you information regarding your account or transactions with us and that we think may be of interest to you, which may include using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from us, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from us.
11. Third Party Websites
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE FUNNY OR DIE, INC. NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). FUNNY OR DIE, INC. MAKES NO WARRANTY THAT THE FUNNY OR DIE, INC. NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE SERVICES IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SERVICES OR THEIR UNAVAILABILITY. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FUNNY OR DIE, INC. OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES AND INFORMATION ON THE SITES IS PROVIDED ‘AS IS.’ THE SITES DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITES OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU REPRESENT AND WARRANT TO US THAT EXECUTION, DELIVERY AND PERFORMANCE OF ANY ASPECT(S) OF THESE TERMS WILL NOT VIOLATE ANY LAW, ORDINANCE, CHARTER, BY-LAW, OR RULE APPLICABLE TO YOU, OR ANY OTHER AGREEMENT BY WHICH YOU ARE BOUND OR BY WHICH ANY OF YOUR OR THEIR ASSETS ARE AFFECTED.
13. Limitations of Liability
You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, subcontractors or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any unforeseeable, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, business, business interruption, business opportunity goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Services. We will not be liable for damages which you could have avoided by following our advice, including to apply an update, patch or error correction offered to you free of charge or to have in place the minimum system requirements advised by us. We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms that is caused by any event or circumstances beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network. Unless otherwise provided by applicable law, in no event shall our liability to you exceed the amount of fees you paid us (if applicable) for a period of three (3) months prior to the date you submit a claim.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your (or anyone using your accounts) violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: ‘A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.’
15. Notice of Arbitration Provision and Waiver of Jury Trial
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
16. Trademarks & Patents
‘Funny Or Die,’ the Funny Or Die design, our site names, and logos, as well as certain other names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos ( ‘Marks‘) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
17. Copyrights; Restrictions on Use
The content on the Services (the ‘Content‘), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.
b. Entire Agreement. These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that we make available through the Services and any additional terms to which you agree when using particular elements of the Services (for example, terms specific to a site within the network of Sites or relating to the payment of fees for certain Services content or services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.
c. Transfer of Rights. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
d. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For users outside of the European Union Only. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
f. Survival. The terms of sections 2 and 12 through 18 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
g. Our Relationship. Both parties are independent contractors of each other. No other person shall have any rights to enforce any of the provisions contained in these Terms. Neither party shall be deemed an employee, agent, partner, joint venture, or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.
Updated and Effective as of July 2, 2020
We will only process your Personal Data in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Funny Or Die, Inc. of 1013 N. Orange Dr., Los Angeles, CA 90038.
Table of Contents
- Information We Automatically Collect
- Cookies/Tracking Technologies
- Information You Choose To Submit
- Information We Receive From Other Sources
- Information Use
- Social Network and Platform Integration
- Our Information Sharing Practices
- Anonymous Data
- Public Information
- Users Outside of the United States and Consent to Transfer
- Important Information for California Residents: Your California Privacy Rights
- How We Respond to ‘Do Not Track’ Signals
- Choice/Opt-Out From Communications
- Retaining, Modifying and Deleting Your Personal Data
- EU Data Subject Rights
- Children’s Privacy
- Sensitive Personal Data
- Contact Us
1. Information We Automatically Collect
Categories of Information. We and our third-party service providers (including any third-party content, advertising, and analytics providers) automatically collect certain information from your device or web browser when you interact with the Services to help us understand how our users use the Services and to target advertising to you (which we will refer to in this Privacy Notice collectively as ‘Usage Data’). For example, each time you visit the Services we and our third-party service providers automatically collect your location, IP address, mobile device identifier or other unique identifier, browser and computer type, Internet service provider used, clickstream information, access time, the Web page you came from, the URL you go to next, the Web page(s) that you access during your visit and your interaction with content or advertising on the Services. We may contract with third parties to collect this information on our behalf for analytics purposes. These include companies such as Chartbeat, Comscore and Google.
Purposes For This Information. We and our third-party service providers use such Usage Data for a variety of purposes including to diagnose problems with our servers and software, to administer the Services, to gather demographic information and to target advertising to you on the Services and elsewhere online. Accordingly, our third-party advertising networks and ad servers will also provide us with information, including reports that will tell us how many ads were presented and clicked on the Services in a manner that does not identify personally any specific individual. The Usage Data we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Data.
2. Cookies/Tracking Technologies
We use tracking technologies, such as cookies, local storage, and pixel tags.
Cookies and Local Storage
Our Services use the following types of cookies for the purposes set out below:
Cookies and Local Storage
|Type of cookie||Purpose|
|Analytics and Performance Cookies||These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services works. You can find out more information about Google Analytics cookies here. You can find out more about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available here.|
|Service Cookies||These cookies are essential to provide you with services available through our Services and to enable you to use its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.|
|Functionality Cookies||These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.|
|Social Media Cookies||These cookies are used when you share information using a social media sharing button or ‘like’ button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter, Instagram or others. The social network will record that you have done this and collect information from you which may be your Personal Data.|
|Targeted and advertising cookies||These cookies track your browsing habits to enable us to show advertising which is more likely to be of interest to you. These cookies use information about your browsing history to group you with other users who have similar interests. Based on that information, and with our permission, third-party advertisers can place cookies to enable them to show ads which we think will be relevant to your interests while you are on third-party websites. These cookies also store your location, including your latitude, longitude, and GeoIP region ID, which helps us show you locale-specific news and allows our Services to operate more efficiently.|
A Flash cookie is a data file placed on a device via the Adobe Flash plug-in that is built into or downloaded by you onto your device. Flash cookies are used for various purposes, including, without limitation, enabling a Flash feature and remembering your preferences. For more information about Flash and the privacy choices Adobe offers, visit here. If you choose to adjust your Flash privacy settings on your device some features of the Services may not function properly.
We also use ‘pixel tags,’ which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.
We use pixel tags, either provided by us or by our third-party advertisers, service providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites.
A log file is a file that records events that occur in connection with your use of the Service, such as your service use data.
App Technologies, Customization, and Usage
There are a variety of tracking technologies that may be included in our apps that allow us to collect information about your installation, use, and updating of our apps as well as information about your device, including your unique device identifier ( ‘UDID’) and other technical identifiers. More specifically, these tracking technologies allow us to collect data about your device and your use of our apps, the pages, videos, other content, or ads you see or click on during your visit and when and for how long you do so, and items you download. These tracking technologies are not browser-based like cookies and cannot be controlled by browser settings. For example, our apps may include third party SDKs, which is code that sends information about your use to a server, and is in effect the app version of a pixel. These SDKs allow us to track our conversions and communicate with you across devices, bring you advertising both on and off the Sites, customize the app to your interests and preferences and link such across platforms and devices, and provide you with additional functionality, such as the ability to connect our Site with your social media account.
GPS, WiFi, Bluetooth, and other location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
In addition, we use a variety of other technologies that collect similar information for security and fraud detection purposes essential to the operation of our sites and business.
3. Information You Choose To Submit
You can visit the Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual (which we will refer to in this Privacy Notice collectively as ‘Personal Data’). If, however, you wish to register to become a member of the Services, you are required to provide certain Personal Data (for example, your name and email address), and you must also provide a username and password. We use your Personal Data to fulfill your requests for products and services, to improve our Services, to contact you from time to time, with your consent, about us and our products and services, and as otherwise described in this Privacy Notice.
We refer collectively to all information we collect that is not Personal Data, including Usage Data, demographic data and de-identified Personal Data, as ‘Non-Personal Data’. If we combine Non-Personal Data with Personal Data, we will treat the combined information as Personal Data under this Privacy Notice.
Personal Data, Non-Personal Data, and User Submissions are referred to in this Privacy Notice collectively as ‘User Information.’
You may choose to enter contests, sweepstakes, competitions, participate in surveys, subscribe to newsletters, comment articles, use message boards, chat rooms, reader photo upload areas, reader ratings and reviews, save articles or other content on our Sites, reader-created content upload areas, contact us and customer support areas, and areas that allow you to register for SMS text messaging and mobile alerts, or otherwise interact with us in similar ways ( ‘Interactive Areas’). These Interactive Areas may require that you provide Personal Data corresponding with the activities. You understand and agree that the Interactive Areas are voluntary and that your providing Personal Data for those activities will be collected and used by us to identify and communicate with you. In certain circumstances, we may share that Personal Information with sponsors, advertisers, affiliates or other partners. If you have questions about a specific Interactive Area, please contact us and reference that specific Interactive Area.
In addition, you are required to provide certain Personal Data when you submit a job application and supporting materials. Where you submit a job application on behalf of another person, you confirm that you have made that person aware of how we collect, use and share their Personal Data, the reason you have provided it, how they can contact us, the terms of this Privacy Notice and related policies and that they have consented to such collection, use and sharing. You can also choose to submit or we may collect additional information about yourself, such as demographic information (for example your gender, birth date, or zip code) and information about your preferences and interests. Failure to provide any required Personal Data will prevent us from being able to provide the Services you request (e.g., member registration or submission of job application) or otherwise inhibit our ability to provide the Services.
Here are examples of User Information we may collect:
- Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
- Credentials. We collect passwords, password hints, and other information for authentication and account access.
- Demographic Data. We collect demographic information including your age, gender, and country.
- Payment Data. We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
- Profile Data. We collect your username, interests, favorites, and other profile data.
- Contacts. We collect data about your contacts in order to fulfill a request by you, such as fulfilling a gift subscription. Such functionality is only intended for United States ( ‘U.S.’) residents. By using this functionality, you acknowledge and agree that both you and your contacts are based in the U.S. and that you have your contacts’ consent for us to use their contact information to fulfill your request.
- Content. We collect the content of messages you send to us, such as feedback and product reviews you write, or questions and information you provide to customer support. We also collect the content of your communications as necessary to provide you with the services you use.
- Resume Data. We collect data to consider you for a job opening if you submit an application to us, including your employment history, writing samples, and references.
- Survey Data. We may also survey visitors about various topics, including events and experiences, media consumption preferences and how we can improve our Sites and services. Response to our surveys is entirely voluntary.
- Public Postings. We collect information when you submit something to be displayed on our Sites. Any communication you submit or that may be posted to a publicly viewable area of our Sites, such as a comment on an article or a review, is a public communication and may be viewed by the general public. Therefore, you acknowledge and understand that you have no expectation of privacy or confidentiality in the content you submit to such areas via our Sites, whether or not your submission includes personal information. These submissions would include newsletter sign-ups and any area of our site that requires a login or registration prior to use. If at any time you display your personal information in any communication submitted to such areas, other individuals may collect and use your personal information. We are not responsible for, nor can we guarantee the protection of, any personal information you disclose in a communication submitted to such areas for posting or contained in an email or other communication submitted to us for such posting, and thus, you acknowledge that if you disclose personal information in any such material, you do so at your own risk.
4. Information We Receive From Other Sources
We may supplement the information we collect with outside records in order to learn more about our users, to better tailor the content and offers we show you, and for other purposes. We may receive this information about you from public sources or third parties, including without limitation consumer data resellers, social networks, and advertisers that demonstrate collection complaint with applicable privacy laws. We may combine the information we receive from those other sources with information we collect through the Services. In those cases, we will apply this Privacy Notice to the combined information.
5. Information Use
We use the information we collect, including Personal Data and Usage Data:
- to enable you to use our Services, to create an account or profile, to process information you provide via our Services (including verifying that your email address is active and valid) and to process your transactions;
- to provide related customer service and care, including responding to your questions, complaints, or comments and sending surveys and processing survey responses;
- to provide you with information, products, or services that you have requested;
- to offer SMS text message mobile alerts for specific purposes;
- to offer an ‘Email This’ feature that allows visitors to email a link to another person to inform them about an article or feature on the Sites. We do not retain telephone numbers or email addresses collected for these purposes after sending the SMS text message or email;
- to receive and process job applications for jobs with us;
- to provide you with information, products, or services that we otherwise believe will interest you, including special opportunities from us and our third-party partners;
- to tailor content, recommendations, and advertisements we and third parties display to you, both on the Services and elsewhere online;
- for internal business purposes, such as to improve our Services and content;
- to administer and process contests, sweepstakes, promotions, conferences and special events (collectively ‘Events’). Information collected through our Sites in conjunction with such Events is also used for marketing additional products, services and events by us and/or by our advertisers, sponsors, and marketing partners. Please see the rules of each individual Event and any applicable privacy policies for those Events for additional information on the choices you may exercise with respect to the use of your personal information collected in connection with that Event. To the extent there is a conflict between this Privacy Notice and the rules or policies applicable to an Event, the rules and policies associated with the Event shall govern.;
- to comply with regulatory and legal obligations; and
- for purposes as disclosed at the time you provide your information and as further described in this Privacy Notice.
6. Social Network and Platform Integration
7. Our Information Sharing Practice
We share Non-Personal Data, including Usage Data, de-identified Personal Data and aggregated user statistics, with third parties in our discretion. Information collected via the Sites is shared among our affiliates. For example, we may share your information with our related entities including our parent and sister companies for customer support, marketing, and technical operations. We share User Information, including Personal Data, as otherwise described in this Policy, and under the following circumstances.
From time to time, we enter into relationships with third parties who provide services to us (for example, analytics and research companies, advertisers and ad agencies, data management and storage services, credit card processing services, merchandise sales facilitators, sweepstakes or contest prize fulfillment). We share your information with third parties for the purposes of facilitating your requests (such as when you choose to share information with a social network about your activities on the Sites) and in connection with tailoring advertisements, measuring and improving our Sites and advertising effectiveness, and other enabling enhancements. We share aggregate information about our visitors with our advertisers, sponsors, and promotional partners, such as how many persons visited a particular page or activity, the average age of our visitors on the Site(s) or page(s), or the likes and dislikes of our visitors, but this information is not specific to any individual visitor. We obtain geographic information such as zip code clustering from other sources, but this aggregate information will not reveal the precise location of a specific visitor. We also obtain other demographic information from third parties to improve our products and services, for marketing purposes or to display more relevant advertising. In those circumstances, we disclose User Information so that such service providers perform those services. These service providers are only permitted to use your Personal Data to the extent necessary to enable them to provide their services to us. They are required to follow our express instructions and to comply with appropriate security measures to protect your Personal Data. And our sites use certain Google analytics and other services, and certain pages use the Google AMP Client ID API, each of which enable collection and sharing of your information (including Personal Data) with Google for further use. For specific information on Google usage and how to control it, please see How Google uses data when you use our partners’ sites or apps and Google’s Privacy Notice.
Our Events and promotions may be jointly managed, sponsored or offered by third parties. If you voluntarily choose to enter or attend an Event, we may share your information with third parties as set forth in the official rules that govern the Event as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a contest or sweepstakes Event, you agree to the official rules that govern that Event, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. Some events may be managed wholly by a third party and will be governed by any rules or terms they provide for that event and it is your responsibility to review and comply with those terms.
Third-Party Direct Marketing
Third Party Features
Logging-In. You may choose to log in, create an account or enhance your profile on the Sites through the Facebook Login feature. By doing this, you are asking Facebook to send us certain information from your Facebook profile, and you authorize us to collect, store, and use in accordance with this Privacy Notice any and all information available to us through the Facebook interface.
Brand Pages. We offer our content on social networks such as a Facebook, Twitter, and Instagram. Any information you provide to us when you engage with our content (such as through our brand page) is treated in accordance with this Privacy Notice. Also, if you publicly reference our Sites on a third party service (e.g., by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Service.
Change of Control
In the event we go through a business transition (such as a merger, acquisition by another company, bankruptcy, or sale of all or a portion of our assets, including, without limitation, during the course of any due diligence process), your Personal Data will likely be among the assets transferred. By providing your Personal Data, you agree that we can transfer such information in those circumstances without your further consent. Should such a business transition occur, we will make reasonable efforts to request that the new owner or combined entity (as applicable) follow this Privacy Notice with respect to your Personal Data. If your Personal Data would be used contrary to this Privacy Notice, we will request that you receive prior notice.
Other Disclosure Scenarios
We reserve the right, and you hereby expressly authorize us, to share User Information: (i) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims; (ii) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person or property; (iii) if we believe it is necessary to investigate, prevent, or take action regarding significant abuse of the Services infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of information); (iv) to protect and defend our legal rights or property, our services or their users, or any other party, and to protect the health and safety of our users or the general public; and (v) to our parent company, subsidiaries, joint ventures, or other companies under common control with us (in which case we will require such entities to honor this Privacy Notice).
8. Anonymous Data
When we use the term ‘anonymous data,’ we are referring to data and information that does not permit you to be identified or identifiable, either alone or when combined with any other information available to a third-party. We may create anonymous data from the Personal Data we receive about you and other individuals whose Personal Data we collect. Anonymous data will include analytics information and information collected by us using cookies. We make Personal Data into anonymous data by excluding information (such as your name or other personal identifiers) that makes the data personally identifiable to you. We use this anonymous data to analyze usage patterns in order to make improvements to our Services.
9. Public Information
If you identify any User Information as public, you are authorizing us to share such information publicly. For example, you can elect to make certain of your User Submissions (such as your alias, bio, email or photos) publicly available. Also, there are areas of the Services (for example, message boards, discussion rooms, and other online forums) in which you are able to post information that automatically will be available to all other users of the Services. By choosing to use these areas, you understand and agree that anyone can access, use, and disclose any information that you post to those areas.
10. Users Outside of the United States and Consent to Transfer
The Services are operated in the United States. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to, stored and processed in the United States. By using the Services or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws are not as comprehensive as those in the country where you reside or are a citizen such as the European Union. You understand that the U.S. government can obtain access to the Personal Data you submit if necessary for investigative purposes (e.g., terrorism investigation). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Notice. We use appropriate and suitable safeguards for transferring your Personal Data to the U.S. (e.g., standard contractual clauses issued by the European Commission, which can be accessed here).
11. Important Information for California Residents: Your California Privacy Rights
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 ( ‘CCPA’) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of ‘personal information’ under the CCPA includes your name, but also more general information such as age.
Notice of Collection
Although the information we collect is described in greater detail in Sections 1-6 above, the categories of personal information that we may have collected ‘ as described by the CCPA ‘ in the past 12 months are:
- Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.
- Customer records, billing and shipping address, and credit or debit card information.
- Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.
- Commercial information, including purchases and engagement with the Services.
- Internet activity, including your interactions with our Service.
- Audio or visual data, including pictures or videos you post on our Service.
- Geolocation data, including location enabled services such as WiFi and GPS.
- Employment and education data, including information you provide when you apply for a job with us.
- Inferences, including information about your interests, preferences and favorites.
For more information on our collection practices, including the sources we receive information from, please review the different forms of information collected through various means as described in more detail in Sections 1 ‘ 6 above. We collect and use these categories of personal information for the business purposes also described in Sections 1 ‘ 6, as well as our sharing practices described in Section 7.
We do not generally ‘sell’ personal information as the term ‘sell’ is traditionally understood. However, to the extent ‘sale’ under the CCPA is interpreted to include advertising technology activities such as those disclosed in the Advertising (Section 13) as a ‘sale,’ we provide you the option to request that we not ‘sell’ your personal information. We do not sell the personal information of minors known to be under the age of 16 without affirmative authorization.
We sell or disclose the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review Our Information Sharing Practices in Section 7 above, Advertising in Section 7 below, and our Cookies and Tracking Technologies Policy for more detail about the parties we have shared information with.
Right to Know and Delete
If you are a California resident, you have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
- The categories of personal information we have collected about you;
- The categories of sources from which the personal information was collected;
- The categories of personal information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the personal information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling the personal information; and
- The specific pieces of personal information we have collected about you.
To exercise any of these rights, please submit a request through our online form or email us at firstname.lastname@example.org. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days.
We have a duty as the holder of certain personal information to verify your identity when making requests to know or delete personal information and to ensure that dissemination of that information would not cause harm to you if it were distributed to another person. To verify your identity, we will request and collect additional personal information from you to match it against our records. We may ask for additional information or documentation if we feel it is necessary to confirm your identity with the necessary degree of certainty. We may communicate with you through email, a secure message center, or other reasonably necessary and appropriate means. We do have the right to deny requests under certain circumstances. In such cases, we will notify you of the reasons for denial. We will not provide you with specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, your account with us, or the security of our systems or networks. In no event will we disclose, if we have collected it, your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers.
Right to Opt-Out
To the extent we sell your personal information as the term ‘sell’ is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out of by clicking Do Not Sell My Personal Information. You may also submit a request to opt-out by emailing us at email@example.com.
You may submit a request through a designated agent. You must instruct that agent that they will need to state that they are acting on your behalf when making the request, have reasonably necessary documentation, and be prepared to provide the necessary personal information to identify you in our database.
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them.
We may offer discounted prices to consumers who sign up to be on our mailing lists or join our loyalty programs. Such programs will have additional terms that require your review and agreement. Please review those terms for the details of those programs, how to withdraw or cancel, or to assert your rights specific to those programs.
We generally do not treat consumers differently if they exercise a right under California law. However, in certain circumstances, discounted prices will require you to be on our mailing list or a member of our loyalty program. In such circumstances, we may offer a price difference because the price is reasonably related to the value of your data. The value of your data will be explained in the terms of such incentivized programs.
Shine the Light
California’s ‘Shine the Light’ law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt out of this type of sharing.
To exercise a Shine the Light request, please contact us at firstname.lastname@example.org or Funny Or Die, Inc. c/o Legal Department , 1013 N. Orange Dr., Los Angeles, CA 90038. You must put the statement ‘Your California Privacy Rights’ in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. Please note that we will not accept inquiries via the telephone, email, or by facsimile, and we are not responsible for notices that are not labelled or sent properly, or that do not have complete information.
Important Information for Nevada Residents-Your Nevada Privacy Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us here or email us at email@example.com with the subject line ‘Nevada Do Not Sell Request’ and providing us with your name and the email address associated with your account.
12. How We Respond to ‘Do Not Track’ Signals
Internet browsers can be configured to send ‘Do Not Track’ signals to the online services that you visit. California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how Funny Or Die, Inc. responds to ‘Do Not Track’ browser settings.
There currently is no consensus among industry participants as to what ‘Do Not Track’ means in this context. Therefore, like many websites and online services, the Services do not alter their practices when they receive a ‘Do Not Track’ signal from a visitor’s browser. To find out more about ‘Do Not Track,’ please visit here.
We use other companies under agreements with us to serve third-party advertisements when you visit and use the Services. These companies collect and use click stream information, browser type, time and date, subject of advertisements clicked or scrolled over during your visits to the Services and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use tracking technologies to collect this information. Other companies’ use of their tracking technologies is subject to their own privacy policies, not this one. In addition, we share with these third parties any personal information you voluntarily provide, such as an email address, in response to an advertisement or sponsored content link.
In order to serve offers and advertisements that may be of interest to our users, we display targeted advertisements on the Services, or other digital properties or applications in conjunction with our content, based on information provided to us by our users and information provided to us by third parties that they have independently collected.
Your Ad Choices
Some of the third-party services providers and/or Advertisers may be members of the Network Advertising Initiative ( ‘NAI’) or the Digital Advertising Alliance ( ‘DAA’) Self-Regulatory Program for Online Behavioral Advertising. You can visit here, which provides information regarding targeted advertising and the ‘opt-out’ procedures of NAI members. You can opt-out of the use of your behavioral data used by DAA members to serve you interest-based advertising on third-party sites here.
If you are accessing the Services through an application (i.e., mobile phone or tablet) you can download the AppChoices application from your device’s application store (i.e., Google Play, Apple App Store, and Amazon Store). This DAA application allows participating companies to offer an opt-out of customized advertisements that are based on predictions about your interests generated from your application usage. For more information, visit here.
Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online or on your device.
We may from time to time offer certain location or pinpoint based services, such as location assisted navigation instruction. If you elect to use such location-based services, we must periodically receive your location in order to provide such location-based services to you. By using the location-based services, you authorize us to: (i) locate your hardware; (ii) record, compile and display your location; and (iii) publish your location to third parties designated by you by means of location publication controls available within the applications (for example, settings, user preferences). As part of the location-based services, we also collect and store certain information about the users who elect to use such location-based services, such as a device id. This information will be used to provide you the location-based services. We use third-party providers to help provide location-based services through mobile systems (unless you opt out of such location-based services with such providers) and we provide the information to such providers to enable them to provide their location-based services, provided that such providers use the information in accordance with our Privacy Notice.
14. Choice/Opt-Out From Communications
We offer you the opportunity to manage your communications from us. Even after subscribing to one or more newsletters and/or opting in to one or more offers to receive marketing and/or promotional communications from us or our third-party partners, users may elect to modify their preferences by following the ‘Communications Preferences’ and/or ‘Unsubscribe’ link provided in an email or communication received. You may also be able to change your preferences by updating your profile or account, depending on which of our Services you are using. Please be aware that if you wish to remove yourself from a newsletter and/or other marketing emails from third parties that you consented to through the Services, you must do so by contacting the relevant third-party. Even if you do opt-out of marketing emails, we reserve the right to send you transactional and administrative emails including those related to the Services, service announcements, notices of changes to this Privacy Notice or other Services policies, and to contact you regarding any goods or services you have ordered.
15. Retaining, Modifying and Deleting Your Personal Data
You may request access to the information you have provided to us. If you wish to make a request, please contact us using the details in the Contact Us section below. If you would like to update, correct, modify or delete from our database any Personal Data you previously submitted to us, please let us know by logging in and updating your profile. If you delete certain information you may not be able to order services in the future without re-submitting such information. We will comply with your request as soon as reasonably practicable. Also, please note that we will maintain Personal Data in our database whenever we are required to do so by law, for necessary operational reasons, or to maintain uniform business practices.
Please note that we need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (for example, when you enter a promotion, you may not be able to change or delete the Personal Data provided until after the completion of such promotion). We will retain your Personal Data for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
16. EU Data Subject Rights
If you are a resident of the European Economic Area (EEA), you have the right to: (a) request access to your Personal Data and rectification of inaccurate Personal Data; (b) request erasure of your Personal Data; (c) request restrictions on the processing of your Personal Data; (d) object to processing your Personal Data; and/or (e) the right to data portability (collectively, ‘EU Requests’).
We can only process EU Requests from a user whose identity has been verified. To verify your identity, please provide your email address or [URL] when you make an EU Request. For more information about how to get access to Personal Data and for exercising your rights, you can submit a request here by selecting the ‘I am an EU resident and would like to exercise my individual rights’ option. You also have the right to lodge a complaint with a supervisory authority. To view additional information about behavioral advertising and manage your preferences, you can do so by visiting: http://www.youronlinechoices.eu/.
We have implemented commercially reasonable and appropriate technical and organizational security measures to help protect your Personal Data from accidental or unlawful destruction, loss, alteration, misuse, or unauthorized access or disclosure; unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your User Information, we cannot guarantee its security. You use the Services and provide us with information at your own initiative and risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately notify us of the problem by contacting us using the details in the Contact Us section below.
The Services contain links to other websites that we do not control, and the Services contain videos, advertising and other content hosted and served by third parties. We are not responsible for the privacy practices of any third-party. We may also integrate with third parties who will interact with you under their terms of service. One such third party is YouTube. We use YouTube API Services and by using the Sites or Services, you agree to be bound by the YouTube Terms of Service located here.
19. Children’s Privacy
The Services are intended for a general audience and are not intended for and should not be used by children under the age of 13. We do not knowingly collect information from children under the age of 16 and we do not target the Services to children under the age of 16. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us using the details in the Contact Us section below. We will delete such information from our files as soon as reasonably practicable.
20. Sensitive Personal Data
Subject to the following paragraph, we ask that you not send us, and you not disclose, any sensitive Personal Data as this term is defined under applicable data protection and privacy laws (for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.
If you send or disclose any sensitive Personal Data to us or the public through the Services, you consent to our processing and use of such sensitive personal data in accordance with this Privacy Notice. If you do not consent to our processing and use of such sensitive Personal Data, you must not submit such content to our Services, and you must contact us to make us aware immediately.
We update this Privacy Notice from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Data by posting a notice on relevant areas of the Services. We will also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Privacy Notice will be effective immediately upon the posting of the revised Privacy Notice unless otherwise specified. Your continued use of the Services after the effective date of the revised Privacy Notice (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Data in a manner materially different than what was stated at the time your Personal Data was collected.
22. Contact Us
If you have any questions about this Privacy Notice, please feel free to contact us by email at: firstname.lastname@example.org.