HilariousHijinks Terms of Service

Before you begin using HilariousHijinks, you must read and agree to these HilariousHijinks Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

Although we may attempt to notify you when major changes are made to these HilariousHijinks Terms of Service, you should periodically review the most up-to-date version (http://www.HilariousHijinks.com/terms). 33rd Street Media may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the HilariousHijinks service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. HilariousHijinks is a web publishing service and optional hosting service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. 33rd Street Media disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. 33rd Street Media also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

You must be at least eighteen (18) years of age to use the Service. 33rd Street Media reserves the right to refuse service to anyone at any time without notice for any reason.

2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.

You agree to abide by the following HilariousHijinks Content Policy ("Content Policy"). HilariousHijinks is a free service for communication and self-expression. We respect our users' ownership of and responsibility for the content they choose to share.

In order to uphold these values, we need to curb abuses that threaten our ability to provide this service. As a result, there are some boundaries on the type of content that can be hosted with HilarousHijinks. The boundaries we've defined are those that both comply with legal requirements and that serve to enhance the service as a whole. Any content not meeting the requirements in the content policy will go unpublished and may be deleted at any time with out notice.

Content Policy

Content Quality. HilariousHijinks requires that posted content meet a minimum level of quality in order to insure the overall usefulness of the service. Content that does not fit with the theme of hilarious hijinks, is not written in the English language, or contains any other deficiencies that make it difficult to read will be in violation of this content policy.

Lewd/Offensive Content. Pictures posted to the site that contain nudity or content posted for the obvious purpose of being lewd or offensive may be flagged for review by our users or editors. When this happens, HilariousHijinks reserves the right to not publish or remove any content without notice.

Illegal Purposes. HilariousHijinks may not be used for illegal purposes. Examples of this include using HilariousHijinks for fraudulent purposes or operating a phishing site (used to obtain account and password information).

Spam. We will aggressively seek to remove spam from our site. There are a variety of different ways in which spam manifests itself in blogs. Generally, when we talk about spam we mean content that is created for the primary purpose of manipulating search engine results, or generating revenue or traffic through deceptive means. The following are examples of the types of spam that are forbidden by the Content Policy, but this is not an exhaustive list.

* comment spam: the manual or automated placement of comments on a post for the sole purpose of driving either traffic to another site.
* cloaking: the programmatic hiding of content on a site for the purposes of having that content indexed by search engines without it being viewable
* automated content creation: the scripted creation of content for the purpose of generating revenue or manipulating search results

Identity Theft and Privacy. Posts that misleadingly appropriate the identity of another person are not permitted.

Users may not post other people's personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver's and other license numbers. You may not post information such as other people's passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.

Hate Content. Hate speech and other objectionable content may be flagged for review by our users or editors. When this happens, HilariousHijinks reserves the right to not publish or remove any content without notice.

Just because a given post has received votes through this mechanism does not mean that any particular action will be taken. For example, posts that are flagged because readers disagree with the political opinions expressed in a post will not be acted upon.

Defamation/Libel. Users should not publish any content that is unlawful, defamatory, and fraudulent. Note that an allegation of defamatory expression, in and of itself, does not establish defamation. The truth or falsehood of a bit of expression is a key element in establishing defamation, and we are not in a position to make that sort of fact-based judgment. That said, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.

Disruptions and Exploits. We will terminate accounts and block addresses of those who attempt unauthorized use of both hilarioushijinks.com.

Copyright. Using copyrighted material does not constitute infringement in all cases. In general, however, users should be careful when using copyrighted content without the permission of those who created it.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). If we remove a post or disable access to a post to comply with the DMCA, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to section 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice, with any personally identifying information removed, will be sent to a third party who will make it available to the public.

Commercial Pornography. We do not permit the posting of content that exist for the primary purpose of garnering commercial traffic through pornography.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. 33rd Street Media reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Much of the content of hilarioiushijinks.com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. 33rd Street Media does not monitor all the content of hilarioushijinks.com and takes no responsibility for such content. Instead, 33rd Street Media merely provides access to such content as a service to you.

By its very nature, hilarioushijinks.com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using hilarioushijinks.com.

33rd Street Media does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

3. Privacy. You agree that 33rd Street Media may access or disclose your personal information, including the content of your communications only if 33rd Street Media is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service. Personal information collected by 33rd Street Media may be stored and processed in the United States or any other country in which 33rd Street Media Inc. or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage. You agree that 33rd Street Media has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. 33rd Street Media retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service. 33rd Street Media takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does 33rd Street Media have any obligation to monitor such third-party content. 33rd Street Media reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. 33rd Street Media also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of 33rd Street Media, its users and the public. 33rd Street Media will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

6. Intellectual Property Rights. 33rd Street Media's Intellectual Property Rights. You acknowledge that 33rd Street Media owns all right, title and interest in and to the Service, including all intellectual property rights (the "33rd Street Media Rights"). 33rd Street Media Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, 33rd Street Media Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. 33rd Street Media claims no ownership or control over any Content submitted, posted or displayed by you on or through 33rd Street Media services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through 33rd Street Media services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through 33rd Street Media services which are intended to be available to the members of the public, you grant 33rd Street Media a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on 33rd Street Media services for the purpose of displaying and distributing 33rd Street Media services. 33rd Street Media furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

7. No Resale of the Service. Unless expressly authorized in writing by 33rd Street Media, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Publicity. Any use of 33rd Street Media's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "HilariousHijinks" and "hilarioushijinks.com," must be in compliance with this Agreement and approved by 33rd Street Media before use.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to 33rd Street Media to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

10. Termination; Suspension. 33rd Street Media may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.

11. Indemnification. You agree to hold harmless and indemnify 33rd Street Media, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 33rd Street Media will provide you with written notice of such claim, suit or action.

12. Entire Agreement. This Agreement constitutes the entire agreement between you and 33rd Street Media and governs your use of the Service, superseding any prior agreements between you and 33rd Street Media. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 33rd Street Media services, affiliate services, third-party content or third-party software.

13. Waiver and Severability of Terms. The failure of 33rd Street Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of 33rd Street Media services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Orange County, California, and you consent to the jurisdiction of such courts.

16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please fill out mail the following form.

Notice of Infringement Form

33rd Street Media

211 33rd St

Newport Beach, California 92663

Date: ______________

Dear Sir:

I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights. The name of such owner is ____________________________________ (the “Owner”).

I have a good faith belief that the material identified below is not authorized by the above Owner, its agent, or the law and thus infringes the Owner’s rights. Please act promptly to remove or disable the access to the material or items claimed to be infringing.

Location of the alleged infringing material:

____________________________________________

Description of the infringing material:

____________________________________________

Description of the copyrighted work that you claimed is infringed:

____________________________________________

You may contact me at:

Name: ___________________________________

Title: ___________________________________

Company: ________________________________

Street address: ____________________________

City, State: _______________________________

Zip: ___________________________________

Tel.: ___________________________________

Email: ___________________________________

Fax: _____________________________________

By: _____________________________________

Name: ___________________________________

Title: ____________________________________