Terms and Conditions of Use
SOM’s Terms and Conditions of Use
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of California. You should read these terms and conditions in full because they apply every time you visit snakeormouse.com.
Snakeormouse.com (the “Site”) is a media website designed for entertainment purposes and satirical political commentary. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use the Site in a manner consistent with its purpose and which is in accordance with these terms and conditions (the “Terms”).
The Terms constitute a binding legal agreement between you as user (“you” or “User”) and Jub Jub Jub Jub Jub, LLC a California limited liability company (“we” or “us”).
The Terms apply whenever you visit the Site, whether or not you have chosen to register with us, so please read them carefully. By accessing the Site, using the Site, or registering for or receiving services offered on the Site (the “Services”) you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE SITE.
Use of the Site and Rules Related to Content
The Site is a media website offering entertainment, social interaction and political commentary often in a satirical method for adults. You may only use and become a registered member of the Site if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using the Site you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
Types of content that can be posted the Site
You are able to post messages and other content on the Site (“Content”).
There are some rules about what is acceptable though, so when you are using the Site you may not post or send any Content which:
- Contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- Is obscene, pornographic or otherwise may offend human dignity;
- Is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
- Encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- Is defamatory;
- Relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites);
- Involves the transmission of “junk” mail or “spam”;
- Contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the Site or otherwise; or
- Itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights).
Please use your common sense when picking the Content that you choose to post on or send via the Site because you are solely responsible for, and bear all liability in relation to, such Content.
Rules relating to personal information
We advise you to not display any personal contact or banking information whether in relation to you or any other person on the Site (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
Content uploaded to the Site
When you upload Content to the Site it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you should not upload it to the Site. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to the Site without incurring any liability to you. We have no obligation to display any Content that you submit to the Site, nor to check the accuracy or truthfulness of any Content submitted to the Site, nor to monitor your use or the use of other users of the Site.
Ownership of Posted Content
You retain ownership of any content posted on the Site (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).
Please note though that by posting or sending Content on the Site you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide license to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
By submitting Content to the Site you are warranting that you are the exclusive author and owner of that Content and you agree that you waive any and all moral rights relating to that Content (including, without limitation, the right to be identified as the author).
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
Ownership of Content Not Posted by Users
All text, graphics, user interfaces, trademarks, logos, sounds, artwork and other intellectual property rights in and to the look, design and owner generated content on the Site are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Other than in relation to Content submitted by you to the Site, you do not have any rights in relation to the Content on the Site and you agree that you will not use any Content in any manner which may infringe our or any third party’s rights. Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish, sell or otherwise use or exploit all or any part of the Site or the Content contained on it (other than the Content submitted by you) to anyone else.
The Site including the voting feature is solely for entertainment purposes. We reserve the right to modify, amend, terminate or suspend the voting feature and/or its results at any time with or without notice. We make no representations, warranties or guarantees of any kind regarding the voting results, including but not limited to their accuracy. Votes will be counted and posted at the end of each business day (or as soon as reasonably possible).
Purchases Made Through the Site
The Site offers you the opportunity to purchase goods through links to third party websites. Items for sale may be displayed on the Site but ultimately such items can only be purchased via a third party seller. To make a purchase, Users are redirected to the appropriate third party seller’s website. Please refer to the section titled “Third Party Links on the Site” below for more information regarding purchasing items via third party websites.
Non-transfer of Credits to Another Site user
If you elect to partake in any of the features designed to improve your the experience, you agree to use the credits for yourself and not to transfer (for free or as a sale) to or purchase, or sell such credits from other Site users. We reserve the right not to honor any credits where you have attempted to transfer those credits to another user or you have attempted to buy those credits from another user. The Site will only honor credits if you are the person to whom it was issued.
Duration of Credits
Any unused credits will expire at 11:59 PM PST on November 6, 2012. If you delete your account or if your account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
Unfortunately we can’t guarantee that the Site will always be up and running because sometimes we have to carry out maintenance to the site or it may be affected by a fault or circumstances which are outside our control, so the Site is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of the Site and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on the Site without notice and without incurring any liability to you.
You are responsible for making all the necessary arrangements to ensure you can access the Site (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing the Site through mobile services or any similar service currently known or developed in the future.
By accessing the Site or agreeing to receive messages or notifications from the Site through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
Non-registered users are able to access only that portion of the Site that is publicly available. They will not have the ability to upload any Content or use other portions of the Site reserved for registered users. The extent of registered users’ access to the Site will depend on certain criteria being met. We may change or update the criteria from time to time without prior notice and at our discretion.
Termination of use by us
Sometimes people forget about the Terms and post Content or act in a way while on the Site which is not consistent with the purpose of the Site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
- suspend or revoke your registration (where applicable) and your right to access and/or use the Site or submit any Content to the Site; and
- make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We will try (but we are not obliged) to notify you if your access to the Site is to be or has been limited, suspended or terminated.
Termination of use by you
Content that you have uploaded to the Site, other than your profile (such as comments or email messages), may still appear on the Site following termination of your registration.
You can report any abuse or complain about Content on the Site by contacting us via our contact form, outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.
Third Party Links on the Site
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
Disclaimer of Warranties and Limitation of Liability
If you act in a way that upsets other users then you are responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of the Site, and expressly disclaim any liability for Content uploaded by you or by any other user.
To the fullest extent permitted by law, the Site expressly excludes:
- all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability incurred by you arising from use of the Site, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if the Site has been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god in connection with the Site including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
If we are sued as a result of your use of the Site then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of the Site, the uploading or submission of Content to the Site by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). We retain the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
The Site has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the Site and provides that information on an "as is", "as available" basis. The Site does not give or make any warranty or representation of any kind about the information contained on the Site including, but not limited to the results of any voting, whether express or implied. Use of the Site and the materials available on it is at your sole risk. The Site cannot be held responsible for any loss arising from the transmission, use of data, use of the Site (including its voting features) or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the Site is free of viruses or other harmful components. You accept that the Site will not be provided uninterrupted or error free, that defects may not be corrected or that the Site, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. The Site is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We reserve the right to modify, amend, terminate or suspend the voting feature and/or its results at any time with or without notice. We make no representations, warranties or guarantees of any kind regarding the accuracy of the voting results.
We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms, you should stop using the Site immediately. Your continued use of the Site following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of the Site and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.