Tuesday, September 18, 2018

Legal Stuff

The Idiot-or-Moron Community

Rules of Conduct and General Guidelines

We’re not asking for the kind of respect reserved for nuns, the elderly, and brain surgeons. We mean don’t abuse the site. Every cool new community feature on Idiot-or-Moron involves a certain level of trust. We trust you to be responsible, and millions of users respect that trust. Please be one of them.

Don’t Cross the Line

Here are some common-sense rules that will help you steer clear of trouble:

  • Idiot-or-Moron is not for pornography or sexually explicit content. If this describes your video, even if it’s a video of yourself, don’t post it on Idiot-or-Moron. Also, be advised that we work closely with law enforcement and we report child exploitation.
  • Don’t post videos showing bad stuff like animal abuse, drug abuse, under-age drinking and smoking, or bomb making.
  • Graphic or gratuitous violence is not allowed. If your video shows someone being physically hurt, attacked, or humiliated, don’t post it.
  • Idiot-or-Moron is not a shock site. Don’t post gross-out videos of accidents, dead bodies or similar things intended to shock or disgust.
  • Respect copyright. Only upload videos that you made, have “fair use” rights to, or that you are authorized to use. This means don’t upload videos you didn’t make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.
  • We encourage free speech and defend everyone’s right to express unpopular points of view. But we don’t permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
  • Things like predatory behavior, stalking, threats, harassment, intimidation, invading privacy, revealing other people’s personal information, and inciting others to commit violent acts or to violate the Terms of Service are taken very seriously. Anyone caught doing these things may be permanently banned from Idiot-or-Moron.
  • Everyone hates spam. Don’t create misleading descriptions, tags, titles or thumbnails in order to increase views. It’s not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.

Please take these rules seriously and take them to heart. Don’t try to look for loopholes or try to lawyer your way around the guidelines—just understand them and try to respect the spirit in which they were created.

We Enforce These Guidelines

Okay, this one is more about us than you. Idiot-or-Moron staff review flagged videos 24 hours a day, seven days a week to determine whether they violate our Community Guidelines. When they do, we remove them. Sometimes a video doesn’t violate our Community Guidelines, but may not be appropriate for everyone. These videos may be age-restricted. Accounts are penalized for Community Guidelines violations and serious or repeated violations can lead to account termination. If your account is terminated, you won’t be allowed to create any new accounts.

Idiot-or-Moron is for the Community

Remember that this is your community! Each and every user of Idiot-or-Moron makes the site what it is, so don’t be afraid to dig in and get involved!

  • Have fun with the site. There’s a lot to see and learn here, and lots of folks making amazing stuff—one of them might be you! Equipment’s getting cheaper and easier to use all the time, so dive in and enjoy.
  • Let folks know what you think. Feedback’s part of the experience, and when done with respect, can be a great way to make friends, share stories, and make your time on Idiot-or-Moron richer. So leave comments, rate videos, make your own responses to videos that affect you, enter contests of interest—there’s a lot going on and a lot of ways to participate.
  • You may not like everything you see. Some of the content here may offend you—if you find that it violates our Terms of Service, then click the button that says “Flag” under the video you’re watching to submit it for review by Idiot-or-Moron staff or send us a message using the Contact-Us form. If it doesn’t, then consider just clicking on something else—why waste time watching videos you don’t like?

That’s it! Thanks for reading!

—The Idiot-or-Moron Team

Personal Information

  • Browsing Idiot-or-Moron You can watch some videos on Idiot-or-Moron without having a Idiot-or-Moron Account.. You also can contact us through the Idiot-or-Moron Help Center or by emailing us directly without having to register for an account.
  • Your Idiot-or-Moron Account. For some activities on Idiot-or-Moron, like uploading videos, posting comments, flagging videos, or watching premium or restricted videos, you need a Idiot-or-Moron Account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access. A Idiot-or-Moron Account, additionally, allows you to access other Idiot-or-Moron services that require registration.
  • Usage Information. When you use Idiot-or-Moron, we may record information about your usage of the site, such as the channels, groups and favorites you subscribe to, which other users you communicate with, the videos you watch, the frequency and size of data transfers, and information you display about yourself as well as information you click on in Idiot-or-Moron (including UI elements, settings). If you are logged in, we may associate that information with your Idiot-or-Moron Account. In order to ensure the quality of our service to you, we may place a tag (also called a “web beacon”) in HTML-based customer support emails or other communications with you in order to confirm delivery.
  • Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (e.g., video comments, your profile page) may be collected and used by others. If you use the Idiot-or-Moron Uploader, your copy includes a unique application number. This number, and information about your use of the Uploader (version number, language) will be sent to Idiot-or-Moron when the Uploader automatically checks for updates and will be used to update your version of the Uploader.

Uses

  • If you submit personal information to Idiot-or-Moron, we may use that information to operate, maintain, and improve the features and functionality of Idiot-or-Moron, and to process any flagging activity or other communication you send to us.
  • We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Idiot-or-Moron changes or for customer service purposes). You also can choose how often Idiot-or-Moron sends you email updates in your Idiot-or-Moron Account settings page.
  • We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit Idiot-or-Moron; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

Information That is Publicly Available

  • When you create an Idiot-or-Moron Account, some information about your Idiot-or-Moron Account and your account activity will be provided to other users of Idiot-or-Moron. This may include the date you opened your Idiot-or-Moron Account, the date you last logged into your Idiot-or-Moron Account, your age (if you choose to make it public), the country and the number of videos you have watched.
  • Your Idiot-or-Moron Account name, not your email address, is displayed to other users when you engage in certain activities on Idiot-or-Moron, such as when you upload videos or send messages through Idiot-or-Moron. Other users can contact you by leaving a message or comment on the site.
  • Any videos that you submit to Idiot-or-Moron may be redistributed through the internet and other media channels, and may be viewed by other Idiot-or-Moron users or the general public unless other specific terms are negotiated between you and Idiot-or-Moron.
  • You may also choose to add personal information which may include your name, gender, profile picture or other details, that will be visible to other users on your Idiot-or-Moron Account channel page. If you choose to add certain features to your Idiot-or-Moron Account channel page, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users. Such shared activity may include your favorite videos, videos you rated and videos that you have uploaded.

Your Choices

  • If you have a Idiot-or-Moron Account, you may update or correct your personal profile information, email preferences and privacy settings at any time by visiting your account profile page.
  • You may control the information that is available to other users and your confirmed friends at any time by editing your Idiot-or-Moron Account and the features that are included on your channel page. If you have enabled Active Sharing, other users may see that you, as identified by your account name, not your email address, are watching the same video.
  • You may, of course, decline to submit personal information through Idiot-or-Moron, in which case you can still view videos and explore Idiot-or-Moron, but Idiot-or-Moron may not be able to provide certain services to you. Some advanced Idiot-or-Moron features may use other services like Google Checkout, PayPal, AdSense and others. The privacy notices of those services govern the use of your personal information associated with them.

Advertising on Idiot-or-Moron

  • Idiot-or-Moron strives to provide you with relevant and useful advertising and we use cookies, as well as other third party ad serving systems, to do so. We may use a range of information including cookies, web beacons, IP addresses, usage data and other non-personal information about your computer or device (such as browser type and operating system) to provide you with relevant advertising. If you are logged into your Idiot-or-Moron Account, we may also show you advertising based on the information you have provided to us in your Idiot-or-Moron Account.
  • We use cookies on Idiot-or-Moron to help advertisers and publishers serve and manage ads on this site and other Google and AdSense partner websites. Advertisers may serve ads based on interests associated with non-personally identifiable online activity, such as videos viewed, frequency of uploading or activity on other AdSense partner sites. Advertisers may also serve ads to you based on previous activity on that advertiser’s website. This non-personally identifiable information is held separately from your Idiot-or-Moron Account data, or other personally identifying information in our possession.
  • Other third-party ad serving companies may display ads on Idiot-or-Moron, provided they comply with our ad serving requirements. Idiot-or-Moron does not provide any personal information to these third-party ad servers or ad networks without your consent. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Idiot-or-Moron’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Any data obtained by third-party ad servers subsequently shared with Idiot-or-Moron is maintained and dealt with by Idiot-or-Moron in accordance with this privacy policy.

More Information

Idiot-or-Moron adheres to the US Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the Department of Commerce’s web site.

All original Idiot-or-Moron site content, graphics, and videos are protected by copyright and All Rights are Reserved by Idiot-or-Moron.

Third-parties may add content to the Idiot-or-Moron site from time-to-time and must adhere to copyright law at all times.

Idiot-or-Moron respects the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on the Idiot-or-Moron website any materials that violate another party’s copyrights. Among other things, this means that we remove content that is reported to us pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA.

However, while Idiot-or-Moron does not tolerate copyright infringement, we also do not tolerate false claims of infringement. If you believe that content that you posted on the site was removed by mistake, you can file a DMCA counter-notice by using our counter-notice form. So long as everything appears to be in order with your counter-notice, we will forward it to the complaining rights owner. The DMCA then allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.

Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA counter-notice with us.

1. Your Acceptance

  • By using and/or visiting this website (collectively, including all content and functionality available through the Idiot-or-Moron.com domain name, the “Idiot-or-Moron Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2)Idiot-or-Moron’s privacy notice, found on our website’s Legal page and incorporated here by reference, and (3) Idiot-or-Moron’s Community Guidelines, also found on the website’s Legal page, and also incorporated here by reference. If you do not agree to any of these terms, the Idiot-or-Moron privacy notice, or the Community Guidelines, please do not use the Idiot-or-Moron Website.
  • Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version which can be found on our website’s Legal page). Idiot-or-Moron may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

2. Idiot-or-Moron Website

  • These Terms of Service apply to all users of the Idiot-or-Moron Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Idiot-or-Moron Website includes all aspects of Idiot-or-Moron, including but not limited to all products, software and services offered via the website such as the Idiot-or-Moron channels, the Idiot-or-Moron “Embeddable Player,” the Idiot-or-Moron “Uploader” and other applications.
  • The Idiot-or-Moron Website may contain links to third party websites that are not owned or controlled by Idiot-or-Moron. Idiot-or-Moron has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Idiot-or-Moron will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Idiot-or-Moron from any and all liability arising from your use of any third-party website.
  • Accordingly, we encourage you to be aware when you leave the Idiot-or-Moron Website and to read the terms and conditions and privacy policy of each other website that you visit.

 

3. Idiot-or-Moron Accounts

  • In order to access some features of the Website, you will have to create a Idiot-or-Moron account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Idiot-or-Moron immediately of any breach of security or unauthorized use of your account.
  • Although Idiot-or-Moron will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Idiot-or-Moron or others due to such unauthorized use.

 

4. General Use of the Website—Permissions and Restrictions

Idiot-or-Moron hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

  • You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Idiot-or-Moron’s prior written authorization.
  • You agree not to alter or modify any part of the Website, including but not limited to Idiot-or-Moron’s Embeddable Player or any of its related technologies.
  • You agree not to access User Submissions (defined below) or Idiot-or-Moron Content through any technology or means other than the video playback pages of the Website itself, the Idiot-or-Moron Embeddable Player, or other explicitly authorized means Idiot-or-Moron may designate.
  • You agree not to use the Website, including the Idiot-or-Moron Embeddable Player for any commercial use, without the prior written authorization of Idiot-or-Moron. Prohibited commercial uses include any of the following actions taken without Idiot-or-Moron’s express approval:
    • sale of access to the Website or its related services (such as the Embeddable Player) on another website;
    • use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
    • the sale of advertising, on the Idiot-or-Moron website or any third-party website, targeted to the content of specific User Submissions or Idiot-or-Moron content;
    • and any use of the Website or its related services (such as the Embeddable player) that Idiot-or-Moron finds, in its sole discretion, to use Idiot-or-Moron’s resources or User Submissions with the effect of competing with or displacing the market for Idiot-or-Moron, Idiot-or-Moron content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
  • Prohibited commercial uses do not include:
    • uploading an original video to Idiot-or-Moron, or maintaining an original channel on Idiot-or-Moron, to promote your business or artistic enterprise;
    • using the Embeddable Player to show Idiot-or-Moron videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with Idiot-or-Moron;
    • any use that Idiot-or-Moron expressly authorizes in writing.

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

  • If you use the Idiot-or-Moron Embeddable Player on your website, you must include a prominent link back to the Idiot-or-Moron website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
  • If you use the Idiot-or-Moron Uploader, you agree that it may automatically download and install updates from time to time from Idiot-or-Moron. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Idiot-or-Moron to deliver these to you) as part of your use of the Uploader.
  • You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Idiot-or-Moron servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Idiot-or-Moron grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Idiot-or-Moron reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
  • In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, Idiot-or-Moron Community Guidelines, and all applicable local, national, and international laws and regulations.
  • Idiot-or-Moron reserves the right to discontinue any aspect of the Idiot-or-Moron Website at any time.

 

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Idiot-or-Moron Website.

  • The content on the Idiot-or-Moron Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Idiot-or-Moron, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Idiot-or-Moron reserves all rights not expressly granted in and to the Website and the Content.
  • You may access User Submissions for your information and personal use solely as intended through the provided functionality of the Idiot-or-Moron Website. You shall not copy or download any User Submission unless you see a “download�? or similar link displayed by Idiot-or-Moron on the Idiot-or-Moron Website for that User Submission.
  • User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Idiot-or-Moron Website. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Idiot-or-Moron Website or otherwise as prohibited under this Agreement.
  • You may access Idiot-or-Moron Content, User Submissions and other content only as permitted under this Agreement. Idiot-or-Moron reserves all rights not expressly granted in and to the Idiot-or-Moron Content and the Idiot-or-Moron Website.
  • You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
  • You agree not to circumvent, disable or otherwise interfere with security-related features of the Idiot-or-Moron Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Idiot-or-Moron Website or the Content therein.
  • You understand that when using the Idiot-or-Moron Website, you will be exposed to User Submissions from a variety of sources, and that Idiot-or-Moron is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Idiot-or-Moron with respect thereto, and agree to indemnify and hold Idiot-or-Moron, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

 

6. Your User Submissions and Conduct

  • As a Idiot-or-Moron account holder you may submit video content (“User Videos”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Idiot-or-Moron does not guarantee any confidentiality with respect to any User Submissions.
  • You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Idiot-or-Moron to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
  • For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Idiot-or-Moron, you hereby grant Idiot-or-Moron a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Idiot-or-Moron Website and Idiot-or-Moron’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Idiot-or-Moron Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Idiot-or-Moron Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Idiot-or-Moron Website. You understand and agree, however, that Idiot-or-Moron may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
  • In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Idiot-or-Moron all of the license rights granted herein.
  • You further agree that you will not, in connection with User Submissions, submit material that is contrary to the Idiot-or-Moron Community Guidelines, found at our website’s Legal page, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  • Idiot-or-Moron does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Idiot-or-Moron expressly disclaims any and all liability in connection with User Submissions. Idiot-or-Moron does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Idiot-or-Moron will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Idiot-or-Moron reserves the right to remove Content and User Submissions without prior notice.

 

7. Account Termination Policy

  • Idiot-or-Moron will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
  • Idiot-or-Moron reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Idiot-or-Moron may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Idiot-or-Moron’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, P.O. Box 5855., Garden Grove, Ca. 92846. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Idiot-or-Moron customer service through http://www.IdiotorMoron.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Copyright Agent, Idiot-or-Moron may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Idiot-or-Moron’s sole discretion.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE Idiot-or-Moron WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Idiot-or-Moron, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Idiot-or-Moron MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Idiot-or-Moron WEBSITE. Idiot-or-Moron DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Idiot-or-Moron WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Idiot-or-Moron WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL Idiot-or-Moron, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Idiot-or-Moron WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Idiot-or-Moron SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Idiot-or-Moron from its facilities in the United States of America. Idiot-or-Moron makes no representations that the Idiot-or-Moron Website is appropriate or available for use in other locations. Those who access or use the Idiot-or-Moron Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless Idiot-or-Moron, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Idiot-or-Moron Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Idiot-or-Moron Website.

 

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Idiot-or-Moron Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Idiot-or-Moron Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Idiot-or-Moron without restriction.

14. General

You agree that: (i) the Idiot-or-Moron Website shall be deemed solely based in California; and (ii) the Idiot-or-Moron Website shall be deemed a passive website that does not give rise to personal jurisdiction over Idiot-or-Moron, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Idiot-or-Moron that arises in whole or in part from your use of the Idiot-or-Moron Website shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at http://www.Idiot-or-Moron.com/privacy and any other legal notices published by Idiot-or-Moron on the Website, shall constitute the entire agreement between you and Idiot-or-Moron concerning the Idiot-or-Moron Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Idiot-or-Moron’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Idiot-or-Moron reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Idiot-or-Moron Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Idiot-or-Moron AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Idiot-or-Moron WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.