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Definitions

Service

Service is the joketown.com web application operated by Zelus Group, LLC.

Personal Information

Personal Information means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Information

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to:

• Email address
• IP address

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.

Usage Data
‍When you access the Service with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. When you access the Service with a traditional web browser, we may also collect information automatically, including, but not limited to the IP address of your computer, the type of Internet browser you use, unique device identifiers, and other diagnostic date. (Together, the information collected about your computer or mobile device is called “Usage Data.”)

2.2 Our Content. In addition, content found on or through this Service are the property of Zelus Group, LLC or used with permission. Other than as provided in these terms, you may not copy, make derivative 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, sublicense, 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 our 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, and will not interfere with the operation of the Services.

2.3 Third party content and Interactive Areas. We may provide interactive activities for the Service’s 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 Service’s Interactive Areas.  

Any User Submissions or postings by visitors to certain parts of the Service, including, without limitation, Interactive Areas, will be public and posted in public areas on our Site.  The Service, Company, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Service’s 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 Service, 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.   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 Site.  Nonetheless, Company reserves 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 Service.  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 Service 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 Service contains facts, views, opinions, and statements of third parties, visitors and other organizations.  The Service, 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 Service.  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 Service, 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 Service.

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 Service. 

You agree not to use the Interactive Areas or the Service 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
• s intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or materials on this website.

The Service strives to make its 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 Service, at the Company’s sole discretion, in addition to any other remedies.  The Service 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.

Zelus Group, LLC has the right but not the obligation to monitor and edit all content provided by users.

3. 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 Service 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 Service is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

Zelus Group, LLC

Freedom Place | Old Parkland

4143 Maple Ave, Suite 120

Dallas, TX 75219

Email: media@zelus.io

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 Service in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at  contact@joketown.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 Service’s designated DMCA agent (listed above), 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 Service receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “Repeat Copyright Infringer.”  The Company reserves the right to terminate the accounts of Repeat Copyright Infringers.

Material on our Service may include inaccuracies or typographical errors.  We have the right to make changes and update any information contained on our Service without prior notice.

4. Accounts

4.1 Your Account. When you create an Account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service.

You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. Links To Other Web Sites

5.1 Other sites. Our Service may contain links to third party web sites or services that are not owned or controlled by Zelus Group, LLC.

Zelus Group, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for the content of such third party websites, nor do we warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Zelus Group, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

6. Term; Termination

6.1 Term. The term of these Terms and Conditions will commence on the Effective Date and will remain in effect until terminated under this Section 5.

6.2 Termination. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. 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 Service (or any portion thereof). These Terms are terminated upon our notice of termination to you via the contact information provided for your Account.

If you do not have an account, you may terminate this agreement by simply discontinuing use of the Service. You may discontinue your participation in and access to the Service at any time.

6.3 Survival of Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, binding arbitration, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Mobile

The Service may offer mobile SMS/text message and mobile alerts updates as a text messaging/mobile email service “Mobile Service”. Please read these terms and conditions prior to using the Mobile Service. By using the Mobile 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 MOBILE SERVICE.  Please note that to process your requests for this Mobile 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 Service 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 Service or for whom you provide a wireless phone number has consented to receive communications from us.

8. Indemnification

8.1 General. You agree to defend, indemnify and hold harmless Zelus Group, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

8.2 Intellectual Property.

Subject to the limitations in this Section 8, you will defend Zelus Group, LLC, its affiliates, and their respective employees, officers, and directors against any third-party claim alleging that any of Your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

9. Limitation Of Liability

9.1 In no event shall Zelus Group, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose

11. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

11.1 Binding Arbitration. Any dispute, claim or controversy (“Claim”) relating in any way to this Agreement, the Site, or your use of the Services will be resolved by binding arbitration as provided in this Section 11, rather than in court, except that you may assert claims in small claims court if your claims qualify.

11.1.1 If you are located in the United States: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Texas. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”) as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in a Federal District Court or a Texas state court located in Dallas County, Texas. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable.  If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial.

11.1.2 If you are located in the United Kingdom: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Any dispute, claim or controversy relating in any way to this Agreement, the Services, your use of the Services, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be London.

11.1.3 If you are located in any territory that is not specifically enumerated in Sections 11.1.1 or 11.1.2, you may elect for either of Section 11.1.1 or 11.1.2 to apply to you, otherwise this agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Ireland. Any dispute, claim or controversy relating in any way to this Agreement, the Services, your use of the Services, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be Dublin, Ireland.

11.2 Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

11.3 30-Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: via email at  contact@joketown.com. with subject line LEGAL OPT OUT. The notice must be sent within 30 days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we will also not be bound by them.

11.1.2 If you are located in the United Kingdom: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Any dispute, claim or controversy relating in any way to this Agreement, the Services, your use of the Services, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be London.

11.1.2 If you are located in the United Kingdom: This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Any dispute, claim or controversy relating in any way to this Agreement, the Services, your use of the Services, or to any products or services licensed or distributed by us will be resolved by binding arbitration as provided in this clause. Prior to commencing any formal arbitration proceedings, parties shall first seek settlement of any claim by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause. If the dispute is not settled by mediation within 14 days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be English. The seat or legal place of arbitration shall be London.

12. Trademarks

“JokeTown,” the JokeTown design, our site names, and logos, as well as certain other names, logos, and materials displayed in the Service 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.

13. Copyright; Restrictions on Use

The content on the Service (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 Service in source code form.

14. Exclusions

14. 1 Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

15. Governing Law

15.1 These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

16. Changes

16.1 To these Terms. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. It is your responsibility to check these Terms periodically for changes.

16.2 To the Service. We may change, suspend, or discontinue any or all of the Services or change or remove functionality of any or all of the Services from time to time with or without notice to you.

17. Miscellaneous

17.1 Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.1 will be void. We may assign this Agreement without your consent; and effective upon such assignment, the assignee is deemed substituted for us as a party to this Agreement and we are fully released from all of our obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

17.2 Entire Agreement and Modifications. These Terms incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control. Any modification to the terms of this Agreement may only be made in writing.

17.3 Language. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

17.4 Notice.

(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Site; or (ii) sending a message to the email address then associated with your Account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

(b) To Us. To give us notice under this Agreement, you must contact us by email at  contact@joketown.com.

17.5 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

17.6 No Third-Party Beneficiaries. Except as otherwise set forth herein, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

17.7 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

17.8 Force Majeure. Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to acts of God, utilities or other telecommunications failures, cyber attacks, earthquake, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Contact Us

If you have any questions about these Terms, please contact us at