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Terms of Service

Updated: 4/12/2007

1. INTRODUCTION

Prankified.com is owned and operated by Maxim Software Corp.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING PRANKIFIED.COM. By using prankified.com, you signify your agreement to these terms of service. If you do not agree to these terms of service, you may not use Prankified.com. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of service at any time in accordance with the procedures set forth below in section 15 labeled "Amendment."

2. CONSIDERATION

You acknowledge that these terms of service are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the site and receipt of information, data, and materials available at or through the site, the possibility of our review, use or display of your Submissions (as defined below in section 4 labeled "Submissions"), and the possibility of promotion and publicity from use of your Submissions.

3. RESTRICTIONS ON USE OF MATERIALS

All information, content and materials contained on Prankified.com are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, and trade names are proprietary to us and/or our licensors or licensees. No information, content or material from prankified.com or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way, except that you may download one copy of the content, information or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the content, information or materials, (c) you do not use the content, information or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download content, information or materials so as to avoid future downloads from prankified.com. The use of any content, information or materials on prankified.com on any other Web site or computer environment is prohibited.

The site is only for your personal use. You may not use the site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

In the event that you download software from prankified.com, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, disassemble, decompile, reverse engineer or otherwise reduce the Software to a human-readable form.

4. SUBMISSIONS

We do not accept or consider unsolicited creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or under the direction of us might seem to others to be similar to their own creative work. Please do not send us any unsolicited materials such as ideas, concepts, suggestions, pitches, stories, formats, artwork, drawings, photographs, videos, audiovisual works, sound recordings, program formats and/or other similar materials ("Unsolicited Submissions").

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, or through features or activities on prankified.com (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled "PUBLIC FORUMS AND COMMUNICATION")), you submit, post or otherwise send us any content, information or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, sound recordings, postings, your and/or other persons' names, likenesses, voices, profiles, usernames, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, sound recordings, postings, your and/or other persons' names, likenesses, voices, profiles, usernames, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, "User-Generated Content") through such features or activities (such User-Generated Content, together with Unsolicited Submissions, the "Submissions"), we (and our representatives, agents and other authorized personnel) shall be entitled to unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any User-Generated Content constitutes a Submission, such User-Generated Content shall be conclusively deemed to be a Submission. No Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Without limiting the foregoing, you hereby grant us (and our representatives, agents and other authorized personnel), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, exhibit, display, distribute, re-distribute, copy, categorize, host, archive, store, cache, index, comment on, broadcast, stream, edit, alter, modify, translate, adapt, create derivative works based upon and publicly perform such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on Prankified.com, on third party web sites, or broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, publicity, promotional, marketing, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). To the extent that we solicit Submissions through features or activities on Prankified.com (including, without limitation, games, sweepstakes, contests, promotions and Public Forums (defined below in section 6 labeled "PUBLIC FORUMS AND COMMUNICATION")) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our representatives, agents and other authorized personnel). If such rights are not assigned to us (and our representatives, agents and other authorized personnel), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of service.

You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our representatives, agents and other authorized personnel, and you shall procure the same agreement not to enforce from any others who may possess such rights.

The terms of the Submissions License shall govern our right to use all Submissions. If terms other than the Submissions License govern the submission of, and our right to use, User-Generated Content submitted in connection with a particular Prankified.com feature or activity, such other terms shall be posted at the applicable Prankified.com feature or activity and shall supersede the terms of the Submissions License; provided however, that in such instances, all provisions of these terms of service other than the Submissions License shall continue to apply to such Prankified.com feature or activity (unless otherwise stated in the terms and conditions applicable to the particular Prankified.com feature or activity).

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

5. REGISTRATION DATA AND SECURITY

You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to terminate or suspend your account and refuse any and all current or future use of prankified.com (or any portion thereof).

You also agree (a) to promptly notify us at security@prankified.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to prankified.com. In addition, you agree to log out from your account at the end of each session.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

6. PUBLIC FORUMS AND COMMUNICATION

"Public Forum" means an area, feature or site offered as part of prankified.com that enables users or readers of prankified.com (a) to post, submit, display and/or view User-Generated Content and/or (b) to communicate, exchange or share User-Generated Content with other Prankified.com users, readers and members of the general public including, without limitation, instant messaging, chat rooms, message boards, mobile messaging, social networking, profile pages, conversation pages, e-mail (including, but not limited to, electronic greeting cards and tell-a-friend e-mails).

You acknowledge that anything you submit to prankified.com by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a Public Forum, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the advice, recommendations or opinions posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We reserve the right to screen, reject, remove or edit User-Generated Content at any time and for any or no reason in our sole and absolute discretion without prior notice, although we have no duty to do so or to monitor any Public Forum. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.

When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any trading, investment, or any other decisions made or actions taken or not taken based on such information or content.

Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.

7. USER RULES

The following is a list of User Rules applicable to the site. By using the site, you agree that:

  1. You will not post, submit, distribute, upload or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, insulting, threatening, harassing, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is hateful, bigoted, or racially or otherwise offensive; (c) is obscene, violent, vulgar, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (ii) copyright, patent, trademark, trade secret or other proprietary or contractual rights; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled "SUBMISSIONS");
  2. You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of service (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you post, submit, distribute, upload or otherwise make available or transmit.
  3. You will not use any Public Forum for commercial purposes of any kind (whether or not for profit), including, without limitation, toadvertise or sell any products or services or solicit others (including, without limitation, solicitations for contributions or donations), or (b) use any product or service available on prankified.com (including, without limitation, electronic greeting cards, e-mail functions (e.g., tell-a-friend e-mails) and RSS feeds or other similar type feeds) for commercial purposes of any kind;
  4. You will not post, submit, distribute, upload, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise damage or impair the site or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the site;
  5. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, or voice;
  6. You will not engage in disruptive, antisocial, or destructive acts, including "spamming," "flaming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
  7. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
  8. You will not post, submit, distribute, upload or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
  9. You will not attempt to post, submit, distribute, upload or otherwise make available or transmit any User-Generated Content in violation of a Public Forum's restrictions including, but not limited to, its age restrictions, procedures and/or these terms of service; and
  10. You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.

We cannot and do not assure that other users comply with the foregoing User Rules or any other provisions of these terms of service, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

To the extent that any feature on prankified.com requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines.

WE MAY CHANGE THE SITE OR DELETE FEATURES OR CONTENT IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

8. CONTENT LINKED TO PRANKIFIED.COM

You should be aware that when you are on prankified.com, you could be directed to other sites that are beyond our control. There are links to other sites from pages on Prankified.com that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off Prankified.com. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves prankified.com, the site you will land on is not controlled by us and different terms of service and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to prankified.com, although we are under no obligation to do so.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to prankified.com.

9. OUR CONTENT REMOVAL RIGHTS

We reserve the right, but disclaim any obligation or responsibility, to remove any User-Generated Content from prankified.com (a) that violates these terms of service (including, without limitation, the User Rules) and (b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using prankified.com in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-Generated Content and turn all or a portion thereof over to law enforcement officials.

10. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and other account(s) information, as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, representatives, agents and other authorized personnel, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, representatives, agents and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of service or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

11. DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON PRANKIFIED.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON PRANKIFIED.COM (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PRANKIFIED.COM OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO PRANKIFIED.COM, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM PRANKIFIED.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from prankified.com. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from prankified.com or third-party content, information or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the content, information or materials contained on any third-party site. We do not make any representations or warranties as to the security of any content, information or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, PRANKIFIED.COM OR CONTENT, MATERIALS OR FUNCTIONS ON THE SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF PRANKIFIED.COM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO PRANKIFIED.COM.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, ORANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF SERVICE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

13. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these terms of service shall be filed, and that venue properly lies, only in state or federal courts located in Orange County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that content, information or materials on prankified.com are appropriate or available for use in any particular location. Those who choose to access prankified.com do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

14. AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of service at any time without notice, and it is your responsibility to review these terms of service for any changes. Your use of prankified.com following any amendment of these terms of service will signify and constitute your assent to and acceptance of such revised terms of service.

15. TERMINATION

These terms of service are effective until terminated by either you or us. You may terminate these terms of service at any time by discontinuing use of Prankified.com and destroying all materials obtained from the site and all related documentation and all copies and installations thereof, whether made under these terms of service or otherwise. In the event that you terminate these terms of service, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Maxim Software Corp.
P.O. Box 5182
Orange, CA 92863

We may immediately terminate these terms of service with respect to you (including your access to Prankified.com) without cause and without notice to you in our sole discretion. Upon termination, you must cease use Prankified.com and destroy all materials obtained from the site and all copies thereof, whether made under these terms of service or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these terms of service, which by their nature should survive the termination of these terms of service, shall so survive such termination.

16. MISCELLANEOUS

  1. Captions are used herein for reference purposes only and shall not be construed to limit the provisions of any section hereof or used in any way to interpret the meaning of the provisions therein contained.
  2. These terms of service shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law.
  3. If any provision of these terms of service is, or becomes, or is declared to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of service and shall not affect the validity and enforceability of any remaining provisions.
  4. No waiver of any provision of these terms of service by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.
  5. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO PRANKIFIED.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: Maxim Software Corp.

Name of Agent Designated to Receive Notification of Claimed Infringement: Craig Jones

Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 5182, Orange, CA 92863-5182

E-Mail Address of Designated Agent: designated-agent@maximsc.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. 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 us to locate the material;
  4. Information reasonably sufficient to permit us 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;
  5. 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on prankified.com, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.



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