THESE
TERMS OF USE, AS AMENDED FROM TIME TO TIME ("Terms"), ARE A BINDING
CONTRACT BETWEEN ASSHOLESRUS.COM
("We") AND YOU ("you"). YOU MUST READ AND AGREE TO
THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE ASSHOLESRUS.COM
WEBSITE (the "Site") OR ANY SOFTWARE, GAMES, APPLICATIONS, FEATURES
OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE
"SERVICE"). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO
NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
1. DESCRIPTION OF SERVICE; MINIMUM AGE
REQUIREMENT
1.1 Description of Service. Assholesrus.com is
a consumer humor website intended for use by mature audiences
and enjoy sharing in our community.
1.2 Age Requirement. You must be at least
Eighteen (18) years old to use the Service.
2. MODIFICATIONS TO SERVICE
We reserve the right to modify or discontinue,
and restrict or block access to, the Service without notice to you. We may
modify or remove any Content from the Service at any time without notice to
you, including removal of Content that we believe to be obscene, lewd,
lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
3. PROHIBITED CONTENT
You must not post to the Service any Content
that, as reasonably determined by The Site, is or appears to be:
(a) untrue, misleading, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, invasive to another person's
privacy or protected data, hateful, or racially or otherwise objectionable;
(b) infringing upon a third party's intellectual
property rights, including any patent, trademark, trade secret, copyright,
right of publicity, including any Content that is the subject of any claim of
infringement;
(c) of a type that
you do not have a right to transmit under any law or under contractual or
fiduciary relationships, such as proprietary and confidential information;
(d) unsolicited,
undisclosed or unauthorized advertising;
(e) 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;
(f) data or
information obtained through access that was not authorized by the owner, or
that you are not authorized to post; or
(g) in violation of
any applicable local, state, national or international law (including export
laws).
4. PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR
SPAM
4.1 Prohibited Conduct. You must not do, or
attempt to do, any of the following, as reasonably determined by The Site,
subject to applicable law:
(a) access or use the Service in any way that
is not in compliance with any applicable local, state, national or
international law (including export laws), contracts, intellectual property
rights or constitutes the commission of a tort, or for any purpose that is
harmful or unintended (by us), or other than in full compliance with these
Terms;
(b) access, tamper
with, or use services or areas of the Service that you are not authorized to
access;
(c) alter information
on or obtained from the Service;
(d) tamper with
postings, registration information, profiles, submissions or Content belonging
to The Site, or other users of The Site;
(e) use any robot, spider, scraper or other
automated means or interface not provided by us to access the Service or
extract data or gather or use information, such as email addresses, available
from the Service or transmit any unsolicited advertising, "junk
mail," "spam," or "chain letters";
(f) frame any part of the Service, or link to
the Service, or otherwise make it look like you have a relationship to us or
that we have endorsed you or your Content for any purpose except as expressly
permitted in writing by The Site;
(g) impersonate or
misrepresent your affiliation with any person or entity;
(h) reverse engineer any licensed software,
application, games or any other aspect of the Service or do anything that might
discover source code, or bypass or circumvent measures employed to prevent or
limit access to any area, content or code of the Service;
(i) send to or otherwise impact us or the Service (or anything
or anyone else) with harmful, illegal, deceptive or disruptive code such as a
virus, "spyware," "adware" or other code that could
adversely impact the Service or any recipient; or
(j) take any action
which might impose a significant burden (as determined by us) on the Service's
infrastructure or computer systems, or otherwise interfere with the ordinary
operation of the Service.
4.2 Liquidated Damages. IF YOU SEND
UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS
(COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH
THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO ASSHOLESRUS.COM,
BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A
REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH
UNSOLICITED EMAIL OR OTHER COMMUNICATION.
5. MONITORING OF SERVICE CONTENT; RESOLUTION
OF USER DISPUTES
5.1 No Duty to Monitor. We are under no
obligation to restrict or monitor the Service or any Content in any way. THE
SITE DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT.
However, we reserve the right to modify or remove any Content at any time. Any
opinions, advice, statements, services, offers, or other information or Content
expressed or made available by third parties, including other users, are those
of the respective author(s) and not of Assholesrus.com. Assholesrus.com neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice, information, or statement made on the Service.
5.2 Right to Resolve Disputes. The Site has
the right but not the obligation to resolve disputes between
users relating to the Service and The Site’s resolution of a particular dispute
does not create an obligation to resolve any other dispute. The Site’s
resolution of any dispute is final with respect to the Service.
6. PROTECTION OF CONTENT
6.1 License by Assholesrus.com to You. You
must respect the intellectual property laws protecting our Service.
Assholesrus.com grants you a limited, revocable, non-transferable, non-sub
licensable, non-exclusive license, under the rights The Site has in the
Content, to privately display and perform the Content on your computer for your
own personal, noncommercial purposes.
6.3 Reservation of Rights. On its own behalf
and the behalf of its licensors, The Site reserves all rights in the Content,
including any software, not expressly granted in this Section 6.
Assholesrus.com does not in any way grant any other rights to you. Except as
expressly stated in this Section 6, you may not reproduce, distribute, modify,
publicly perform or display, or prepare derivative works of any Content,
including any software, without prior written consent from Assholesrus.com or
other third-party owner of the rights in that Content (if any).
7. PRIVACY POLICY
Please see our Privacy Policy. Our Privacy
Policy is part of and incorporated into these Terms. We reserve the right to
contact you about these Terms or any Content or activities relating to the
Service.
8. TERMINATION OR CANCELLATION
8.1 Right to Terminate. We may, at any time,
without notice to you, terminate your access to the Service, and your Account,
or block your access to the Service if:
(a) we believe in our sole discretion that you
may have violated these Terms or have otherwise engaged in any activities that
may harm or damage the reputation, rights, person, or property of The Site, our
users, or any other person; or
(b) requested by law
enforcement or other government agencies.
8.2 Notice of Termination. If applicable law
requires us to provide notice of termination or cancellation, we may give prior
or subsequent notice by posting it on the Site or by sending a communication to
any address (email or otherwise) that we have for you in our records.
8.3 Effect of Termination. Upon termination of
your Account or the Service, your agreement with Assholesrus.com pursuant to
these Terms will also terminate, except that the following provisions survive
the termination: "Posting Content on the Service; Representations and
Warranties," "Ownership of
Rights; License Rights; User Submissions," "Protection of
Content," "Indemnification," "Disclaimer of
Warranties," "Exclusion of Damages; Limitation of Liability," and
"Additional Terms" and the Privacy Policy. If your Account or access
to the Service is terminated, you may no longer have access to the Content you
posted on the Service.
9. DEALINGS WITH MERCHANTS; LINKS
9.1 Advertisements and Links. The Service may contain
advertisements, offers, or other links to websites of third parties that we do
not control. Advertisements and other information provided by third parties may
not be wholly accurate. Assholesrus.com is not responsible or liable for (i) the availability or accuracy of such sites or
advertisements; or (ii) the content, products or services available from such
sites. The inclusion of any link on the Service does not imply that we endorse
the linked site. You use the links at your own risk. Assholesrus.com's Privacy
Policy is applicable only when you are on our Site. Once you link to another
website, its privacy statement applies to any personal information you supply.
9.2 Transactions with Third Parties. Your
transactions and other dealings with third party merchants or advertisers that
are found on or through the Service, including "click to purchase,"
"co-registration," and other similar programs, including payment and
delivery of related goods or services, are solely between you and such merchant
or advertiser.
10. INDEMNIFICATION
You agree to hold Assholesrus.com, and their
subsidiaries, affiliates, officers, directors, employees, agents, attorneys,
and suppliers, and each of their respective successors and assigns
(collectively, the "Indemnified Persons"), harmless from, and
indemnify them for, all damages, costs, expenses and other liabilities,
including reasonable attorneys' fees and expenses, relating to any claim
arising out of or related to: (i) your access to and
use of the games, software, and other aspects of the Service and the Content;
(ii) your violation of these Terms, and any applicable law or the rights of
another person or party; (iii) any dispute you have with any user of the
Service and any dispute you have related to any merchant or advertising found
on or through the Service; (iv) The Site’s resolution (if any) of any dispute
you have with any user of the Service; (v) your improper authorization for
Assholesrus.com to collect, use or disclose any Content provided by you; and
(vi) any disclosures made with your permission.
11. DISCLAIMER OF WARRANTIES
ASSHOLESRUS.COM PROVIDES THE SERVICE "AS
IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW,
ASSHOLESRUS.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION,
GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. ASSHOLESRUS.COM MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ASSHOLESRUS.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF
DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL
CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF
THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL,
EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
12. EXCLUSION OF DAMAGES; LIMITATION OF
LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE
OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES,
LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR
ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT
LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE
LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID
BY YOU TO US.
13. COPYRIGHT INFRINGEMENT/DMCA
Assholesrus.com respects the intellectual property
rights of others and requests that users of the Service do the same. If you
believe that your work is being used on the Service in a way that constitutes
copyright infringement, you may notify us by providing our copyright agent with
the following information in writing:
a. the electronic or
physical signature of the owner of the copyright or the person authorized to
act on the owner's behalf;
b. identification of the
copyrighted work that you claim has been infringed;
c. identification of the
material that is claimed to be infringing and information reasonably sufficient
to permit Assholesrus.com to locate the material (for example, by providing a
URL to the material);
d. your name, address,
telephone number, and email address;
e. a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
f. a statement that the
information in your notification is accurate and a statement, made under
penalty of perjury, that you are the copyright owner or are authorized to act
on the copyright owner's behalf.
Our designated agent to receive notification
of claimed infringement is Jeff and can be reached at:
admin@assholesrus.com
It is our policy to terminate in appropriate
circumstances any Account or user for repeated infringement of intellectual
property rights, including copyrights, and we also reserve the right to
terminate an Account or user for even one instance of infringement.
Assholesrus.com may access, preserve and
disclose to third parties any of your information or data (including personally
identifiable information and private communications) related to a written
complaint of copyright infringement if we believe in our sole discretion that
such access, preservation, or disclosure is necessary or useful to respond or
otherwise address such complaint.
14. CUSTOMER SUPPORT
We have no obligation to provide you with
customer support of any kind. However, we may provide you with customer support
from time to time, at our sole discretion.
15. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms,
Assholesrus.com will give you any notices by posting them on the Site. Since
notice of any material change to the Terms will be posted to the Site for at
least 30 days, we encourage you to visit the Site at least that often. You also
authorize The Site to send notices (including notice of subpoenas or other
legal process, if any) via electronic mail to either your Assholesrus.com email
account or to the non-assholesrus.com email address that we have on record for
you. You must check the Site for notices, and you will be considered to have
received a notice when it is made available to you by posting on the Site or
when sent by The Site via electronic mail, whether or not received by you.
Assholesrus.com may provide notice to any e-mail or other address that you
provide to us. You must keep your address current and any notice sent by Assholesrus.com
to the address that you have most recently provided is effective notice. With
the exception of notices related to removal of licensed material and to copyright
infringement as described above, respectively, you must send us any notice by
mailing it to our address for Legal Notices which is Jeff:
admin@assholesrus.com
16. ADDITIONAL TERMS
a. Agreement to Conduct Transactions
Electronically. All of your transactions with or through the Service may, at
our option, be conducted electronically from start to finish. If we decide to
proceed non-electronically, those services will still be governed by the
remainder of these Terms unless you enter into different terms on a form
provided by us. If the law allows you to withdraw this consent or if we are
ever required to deal with you non-electronically, we reserve the right to
charge or increase fees and you agree to print or make an electronic copy of
the Terms and any other contract or disclosure that we are required to provide
to you.
b. Compliance with Laws. You are responsible
for compliance with applicable local laws. Access to the Service Content by
certain persons or in certain countries may not be legal.
c. No Agency; No Third Party Beneficiary. These
Terms do not create any agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship. Except for the Indemnified Persons,
there are no third party beneficiaries of these Terms.
d. Severance. If any part of the Terms is held
by a court of competent jurisdiction to be invalid or unenforceable, the
invalid or unenforceable part will be given effect to the greatest extent
possible and the remainder will remain in full effect, provided that the
allocation of risks described in these Terms is given effect to the fullest
extent possible.
e. Assignment. These Terms are personal to you
and you may not transfer, assign or delegate them to anyone without the express
written permission of Assholesrus.com. Any attempt by you to assign, transfer
or delegate these Terms without the express written permission of
Assholesrus.com will be null and void. Assholesrus.com has the right to
transfer, assign and delegate these Terms to one or more third parties without
your permission.
f. Jurisdiction; Choice of Law; Export
Limitations. This Service is controlled by us from our offices in the United
States of America and is directed to U.S. users. If you access the Service from
locations outside the U.S., you do so at your own risk and you are responsible
for compliance with applicable local laws. You may not use or export anything
from the Service in violation of U.S. export laws and regulations or the Terms.
These Terms and all performances and claims of every nature between us are
governed by the laws of the State of California, U.S.A., without regard to any
conflicts of laws principles that would result in the application of the law of
a different jurisdiction. You and Assholesrus.com submit to the exclusive
personal jurisdiction and venue of the state and federal courts located within
Los Angeles County, Washington.
g. Limitations on Actions. Any action
concerning any dispute with respect to the Service must be commenced within one
year after the cause of the dispute arises, or the cause of action is barred.
h. Interpretation. The paragraph headings in
these Terms are included to help make these Terms easier to read and have no
binding effect. As used in these Terms, the words "include" and
"including" are meant to be illustrative and not exhaustive.
i. Entire Agreement.
These Terms (including terms incorporated into them, e.g., the Privacy Policy
and Supplemental Terms) and any policies and guidelines posted to the Service
by Assholesrus.com comprise the entire agreement (the "Entire Agreement")
between you and Assholesrus.com with respect to the use of the Service and
supersede all contemporaneous and prior agreements between the parties
regarding the subject matter contained herein, and neither party has relied on
any representations made by the other that are not expressly set forth in the
Entire Agreement.
k. No Waiver. The failure of any party to
exercise or enforce any right or provision of these Terms, including any
failure to act with respect to a breach, will not constitute a waiver of such
right or provision or that party's right to act with respect to subsequent or
similar breaches. We suggest that you print out a copy of these Terms for your
records.
Further Information
If you have a complaint, you may contact Jeff at
admin@assholesrus.com
LEGAL NOTICES.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider
of this interactive computer service that parental control protections (such as
computer hardware, software, or filtering services) are commercially available
that may assist in limiting access to material that is harmful to minors. A
report detailing some of those protections can be found at
http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's
Internet Protection Act: Report on the Effectiveness of Internet Protection
Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS
ALLOWED
YOU MAY VIOLATE FEDERAL LAW IF YOU: (1)
INITIATE THE TRANSMISSION TO ASSHOLESRUS.COM COMPUTERS OR DEVICES OF A
COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT
OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT
ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR
SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.