TERMS AND CONDITIONS OF USE
Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.
CaptionWit.com is a community to promote fun with witty and humorous captions. CaptionWit.com offers a free service without any specific warranty. The ratings on captions are collected from readers, based on one vote per IP address. The captions are not moderated. All captions are accepted except those with clear signs of spamming and irrelevance.
Copyright of the images belongs to their respective copyright holders. By submitting your images you acknowledge that CaptionWit.com has the right to reproduce, broadcast and publicize those images or any part thereof in any manner whatsoever.
The following types of images may not be uploaded under any circumstances:
- Images that are pornographic. This includes, but is not limited to, images depicting genitalia, nudity, or sexual situations.
- Images that infringe on the copyrights of any entity. This includes, but is not limited to, copyrighted photographs, as well as images for which user lacks usage and distribution permissions.
- Images whose intended use or purpose is to promote hatred or harassment of individuals or groups of people.
- Images that are illegal and/or are in violation of any United States laws, laws pertaining to digital content usage in the United States Federal Government.
Images of poor technical quality or distasteful will not be accepted either.
The authorship of captions belongs to the submitting author. By submitting your captions you acknowledge that CaptionWit.com has the right to reproduce, broadcast and publicize those captions or any part thereof in any manner whatsoever. Please note that due to the volume of captions we receive, not all captions will be published, and those that are published may be edited for language, brevity, clarity or anonymity.
Captions which do not relate to the respective image will not be published. Captions with language containing the following (but not limited to the following) are strictly prohibited:
- Excessive profanity,
- Instigation of hatred,
- Phrases of obscenity, and
- Utterance of death threat.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.
3. ANTI-SPAM POLICY.
We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.
If you subscribe to electronic newsletters or other communications from our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us by sending an e-mail to Support@captionwit.com and providing us with information relating to your concern. You may also mail your concerns to us at the address below.
4. EXTERNAL LINKS POLICY.
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.
In addition, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.
We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to Support@captionwit.com.
5. MODIFICATIONS AND TERMINATIONS.
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our website’s home page of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you.
If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to Support@captionwit.com, and providing us with information relating to your concern.
6. LICENSEE STATUS.
You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
7. CONTENT OWNERSHIP.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to Support@captionwit.com.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to Support@captionwit.com, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
You agree as a condition of viewing, that any communication between you and our Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. You agree to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
10. OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to Support@captionwit.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.
12. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website.
You agree that the laws of Ontario govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Ontario, Ontario, Canada. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
13. SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
14. HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to Support@captionwit.com, and providing us with information relating to your concern.
15. ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
These terms and conditions were last updated on 06-09-2009.
Copyright © 2008 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this website at captionwit.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.