Please carefully read the following User Agreement (“Agreement”) before accessing or using the Gagsnetwork.com Website. By accessing, using or participating In the features available at Gagsnetwork.Com, you represent and warrant that you are at least 18 years of Age (or the Age of Majority in Your respective jurisdiction), you own or have sufficient authorization to use the Computer, Mobile Device, Technology Or Other Device you use to access the Gagsnetwork.com (Collectively, your “Device”), and you have the right, authority and capacity to consent to this Agreement and agree to be bound by this Agreement In its entirety. If you do not agree to this Agreement, then you are not authorized to access, use or participate in any features available at Gagsnetwork.com
- License Grant
- User Conduct
- Disclaimer of Warranty; Limitation of Liability
- Third Parties and GagsNetwork.com
- Mobile Devices
- Premium Services
- Additional Provisions
- Digital Millennium Copyright Act (DMCA) - Infringement Notification
- Sweepstakes and Promotions
- Contact Us
The GagsNetwork.com website is made available by AFL Productions LCC (“AFL”, “we”, “us”, “our”). Access to the GagsNetwork.com website is available to AFL consumers and other users who agree to be bound by the terms of this Agreement (“Users”, “you”, “your”). Complete access to certain GagsNetwork.com is limited to users who choose to register and set up a membership account (“Account”). If you choose not to register on GagsNetwork.com, you may not have access to all web pages, areas or features of GagsNetwork.com
This Agreement and any rules and conditions specified on screen on any GagsNetwork.com set forth the terms and conditions that apply to the use of GagsNetwork.com by you, the User. The right to use GagsNetwork.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s account under any screen name or password by any person or entity and for ensuring that User’s account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality and security of User’s password. AFL shall have the right at any time to change or discontinue a GagsNetwork.com membership, and any aspect or feature thereof, including, but not limited to, content, hours of availability, equipment needed for access or use and any other capability(ies) of the GagsNetwork.com website.
GagsNetwork.com may change or modify the terms and conditions applicable to User’s use of the GagsNetwork.com website or any part thereof or to impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting herein, and any other notice of such which may be given by any means including, but not limited to, electronic mail or by posting at GagsNetwork.com. Any use of GagsNetwork.com by User after such change, modification, addition or deletion shall be deemed to constitute acceptance by User thereof. If a User registers for or uses additional features available as a part of GagsNetwork.com, such as AFL Premium Services (described below), additional terms and conditions, rules, policies and disclaimers may apply, which are hereby incorporated into and made a part of this Agreement (see “Additional Terms”).
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the GagsNetwork.com website and all charges, including telecommunications charges, related thereto.
The GagsNetwork.com website is available by AFL Productions from its offices within the United States. AFL makes no representation that GagsNetwork.com, including any content available through GagsNetwork.com, are appropriate or available for use in locations outside of the United States and access to GagsNetwork.com from locations where its content is or may be deemed illegal is strictly prohibited. If a User accesses GagsNetwork.com from a location outside of the United States, such User is solely responsible for compliance with all local laws.
AFL grants to Users a limited, non-exclusive, non-transferable license to access and use GagsNetwork.com (including any Materials, as defined below) strictly in accordance with this Agreement and any applicable Additional Terms. AFL may terminate this license at any time for any reason. Users may access and use GagsNetwork.com for their own personal, non-commercial use. No part of GagsNetwork.com may be reproduced in any form or incorporated into any information retrieval system, electronic, mechanical or otherwise. Users may not use any device, software or routine to interfere or attempt to interfere with the proper working of GagsNetwork.com and Users may not take any action that imposes an unreasonable or disproportionately large load on the GagsNetwork.com network or system.
User shall use the GagsNetwork.com for lawful purposes only. User agrees to comply with all applicable local, state, national and international laws and regulations (including but not limited to export control laws) that relate to User’s use of GagsNetwork.com. User shall not post or transmit through GagsNetwork.com, any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AFL’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, in AFL’s sole discretion, restricts or inhibits any other User from using or enjoying the GagsNetwork.com website will not be permitted.
Access to view certain content on any GagsNetwork.com may require a login and password, and each User shall have his or her own uniquely identifiable login and password. User agrees to keep his or her login and password confidential and not disclose the same, and further agrees to notify AFL promptly if he or she has any reason to believe that any third party has gained unauthorized access to such information. User shall be responsible for any and all use of GagsNetwork.com and any video players required to be used in connection with the website occurring under his or her logins. AFL may, but shall not be required to, monitor any abuse of the foregoing, or any fraud and may take any and all actions necessary in response to such abuse or fraud, including without limitation cancelling a User’s login and terminating User’s access to GagsNetwork.com and the associated video player in the event of any violation of the foregoing.
User shall not use GagsNetwork.com to advertise or perform any commercial solicitation online, including (but not limited to) the solicitation of Users to become users of other on-line information services. Regarding copyrights, GagsNetwork.com contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music, and sound, and the entire contents of GagsNetwork.com are copyrighted as a collective work under United States copyright laws (all of the foregoing, collectively, the “Materials”). AFL owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, as well as in the Materials original to AFL. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Materials or other content on GagsNetwork.com, in whole or in part, unless that Material is explicitly owned and/or created and/or uploaded by User. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or downloading of the Materials or other content is permitted without the express permission of AFL and the applicable copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading or storing copyrighted material.
You agree that you will not: (i) submit viruses, forge TCP/IP packet or other header information, flood, spam or mail bomb in connection with your access to and use of any of GagsNetwork.com; (ii) attempt to decipher, decompile, decrypt, reverse engineer, or disassemble any of the software comprising, or any other part of, GagsNetwork.com (including, without limitation, any Materials); (iii) impersonate any person or entity or misrepresent your affiliation with any other person or entity (including, without limitation, anyone from or associated with GagsNetwork.com or a third party content provider); or (iv) frame, link to or embed any of the Materials contained on GagsNetwork.com other than as expressly permitted by this Agreement.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
User expressly agrees that use of Gagsnetwork.сom is at User’s sole risk. Gagsnetwork.сom, in whole and in part (including, without limitation, all materials and content) warrants that all Material is provided, transmitted, distributed, and made available “As Is” without express or implied warranties of any kind, including, without limitation, warranties of title, implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, neither AFL, GagsNetwork.com nor its affiliated entities, content owners, or licensors, nor any of their respective parents, subsidiaries, affiliates, officers, directors, members, employees, agents or licensors (collectively, The “AFL Parties”) make any warranty: (A) that Gagsnetwork.com will be uninterrupted or error-free; (B) that defects or errors In Gagsnetwork.com will be corrected; (C) that Gagsnetwork.com will be free from viruses or other harmful components; (D) as to the quality, accuracy, completeness or validity of any information or materials User receives in connection with Gagsnetwork.com; (E) that User’s use Of Gagsnetwork.com will meet User’s requirements; or (F) that transmissions or data will be secure.
Users expressly acknowledge and agree that Users assume total responsibility and risk for use of Gagsnetwork.com and the results and performance thereof (including, without limitation, third party applications and websites, and any goods, services or content you may receive in connection with Gagsnetwork.com or other links to or from Gagsnetwork.com).
In no event and under no cause of action, including, without limitation, negligence, shall the AFL Parties be liable for any damages, claims or losses incurred (including, without limitation, compensatory, incidental, direct, special, consequential or exemplary damages), however caused, and under any theory of liability arising from or in connection with the following circumstances, even if an AFL Party is advised of the possibility of such damages, claims or losses: (A) any claim related to Gagsnetwork.com, including, without limitation, any content; (B) User’s use or inability to use Gagsnetwork.com, including, without limitation, any content; (C) any materials available through Gagsnetwork.com, whether provided by User or any Third Party, or User’s use of or reliance upon any such materials; (D) any Third Party information, site or service used in connection with or available through Gagsnetwork.com; (E) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received in connection with Gagsnetwork.com; (F) errors, system down time, network or system outages, file corruption or service interruptions; or (G) any modification, deletion or addition to User-submitted materials by an AFL Party or another User.
Notwithstanding anything to the contrary contained herein, the AFL Parties’ cumulative liability to User or any Third Party arising from any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by User for use of Gagsnetwork.com. If no amounts were paid, User’s sole remedy under this agreement shall be to discontinue any use of Gagsnetwork.com.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, so some of the above disclaimers, exclusions and limitations may not apply to all Users. In such jurisdictions, the AFL Parties’ liability will be limited to the fullest extent permitted by applicable law.
AFL shall have the right, but not the obligation, to monitor or prescreen the content and User traffic of GagsNetwork.com to determine compliance with this Agreement, any applicable additional terms and any operating rules established by AFL, and to satisfy any law, regulation or authorized government request.
User agrees to defend, indemnify and hold harmless the AFL Parties from and against any and all losses, damages, claims and expenses, including attorneys’ fees, arising in any way out of the use of GagsNetwork.com by User or User’s Account, a User’s placement or transmission of any message, content, information software or other materials through GagsNetwork.com, or a User’s breach or violation of applicable law, this Agreement or any applicable Additional Terms. AFL reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by a User, and in such case, User agrees to cooperate with AFL in the defense of any such claim.
Either AFL or User may terminate this Agreement at any time. In addition, AFL may terminate any User’s access to, or terminate in general, any content, features, and/or services on GagsNetwork.com, in whole or in part, at any time. Without limitation of the foregoing, AFL may immediately terminate User’s Account and use of GagsNetwork.com in the event of any conduct by User which AFL, in its sole and absolute discretion, considers to be unacceptable or in breach of this Agreement or any applicable law or regulation or which does or may tend to expose any AFL Party to any liability. Notwithstanding any termination of this Agreement or User’s access to and use of GagsNetwork.com, Users’ obligations with respect to Sections 5, 7 and 14 shall survive.
User shall have no rights to use any names, marks, logos, copyright titles, trademarks or service marks of any AFL Party or otherwise appearing on GagsNetwork.com except as expressly provided herein. All rights not granted herein are hereby expressly reserved.
THIRD PARTIES AND GAGSNETWORK.COM .
AFL is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, AFL has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of GagsNetwork.com, are those of the respective author or distributor and not of AFL. Neither AFL nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 5 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through GagsNetwork.com represents the opinions and judgments of the respective information provider. AFL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on GagsNetwork.com by anyone other than authorized AFL employee spokespersons while acting in their official capacities. Under no circumstances will AFL be liable for any loss or damage caused by a User’s reliance on information obtained through GagsNetwork.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through GagsNetwork.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content as needed.
Other websites maintained by third parties may, from time to time, provide links and pointers to GagsNetwork.com. AFL does not operate or control in any respect any information, content, products or services on these third party sites. AFL neither endorses, nor is AFL responsible for the accuracy or reliability of any linked website or any opinion, advice, statement or information made or provided on or through any linked website.
You may be able to: (a) upload content to GagsNetwork.com via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse GagsNetwork.com from your mobile device and/or (d) access certain features or content you have downloaded and installed on your mobile device. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile device, as applicable). You must provide all equipment and software necessary to connect to GagsNetwork.com, including, but not limited to, a mobile device that is in working order and suitable for use in connection with Gagsnetwork.com. You must ensure that your device and/or software does not disturb or interfere with GagsNetwork.com, including their operations. Any device, equipment or software causing interference will be immediately disconnected from GagsNetwork.com, and AFL may immediately suspend or terminate a User’s further use of GagsNetwork.com. If any upgrade to the GagsNetwork.com requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current GagsNetwork.com will be subject to the terms and conditions of this Agreement.
Some services on GagsNetwork.com may be offered to you conditioned on your payment of a fee (each, an “AFL Premium Service”). By using an AFL Premium Service, you will be subject to any charges and rules set forth in any applicable Additional Terms for that service. You may register for an AFL Premium Service by completing the applicable registration form.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION
If you believe that any of the materials on GagsNetwork.com infringe your copyright, you should notify us of your copyright infringement claim in accordance with the procedures described below. We will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Any claimed copyright infringement notifications should be sent to our designated agent.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on GagsNetwork.com are covered by a single notification, a representative list of such works on the site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SWEEPSTAKES AND PROMOTIONS
Any sweepstakes, contests and/or games accessible on GagsNetwork.com are governed by specific rules and/or terms and conditions (which are hereby incorporated into this Agreement by this reference). By entering such sweepstakes or contests or participating in such games, User will become subject to those rules and/or terms and conditions. AFL urges all Users to read the applicable rules and/or or terms and conditions, which are linked from the particular activity. Users are not permitted to post or provide links to any sweepstakes, contests or other third party promotions on GagsNetwork.com.