Welcome to WhatTheFudge.TV (the "Website"). PLEASE READ THESE TERMS OF USE (the
"Terms") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS WEBSITE. This website
is subject to the Terms, which may be updated by us from time to time without notice to you. In addition, you
shall be subject to any posted guidelines or rules applicable to the Website which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference into these Terms.
1. Your Acceptance
BY USING OR VISITING WhatTheFudge.TV (the "Website"), OR SUBMITTING CONTENT
TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE. (the "Terms of Use"). These Terms apply to
all users of the Website. If you do not agree to these Terms, then please do not use the Website.
2. Registration
You are granted the limited right to view and use the Website only for the
purposes of viewing or for accessing information and services. We reserve the right to suspend or deny, in
its sole discretion, your access to all or any portion of the Website.
3. Website Access
WhatTheFudge.TV hereby grants you permission to use the Website, provided
that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy,
distribute or modify any part of the Website without WhatTheFudge.TV's prior written authorization; (iii)
you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not
transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v)
you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms. In
order to access some features of the Website, you will have to create an 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 WhatTheFudge.TV immediately of any breach of security or
unauthorized use of your account. You will be liable for any use made of your account or password and the
losses of WhatTheFudge.TV or others due to such unauthorized use. WhatTheFudge.TV will not be liable for
your losses caused by any unauthorized use of your account. You agree not to use or launch any automated
system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website
in a manner that sends more request messages to the WhatTheFudge.TV 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. WhatTheFudge.TV
grants the operators of public search engines permission to use spiders to copy materials from the Website
for the sole purpose of creating publicly available searchable indices of the materials, but not caches or
archives of such materials. WhatTheFudge.TV 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 or e-mail addresses, from the Website, nor to use the communication systems provided by the
Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions (as defined below). WhatTheFudge.TV has the
right to terminate your access to the Website, in its sole discretion, immediately and with or without
cause.
4. Password And Security
You are responsible for maintaining the confidentiality of YOUR password and
account, and are fully responsible for all activities that occur under your password or account. You agree
to immediately notify us of any unauthorized use of your password or account or any other breach of
security. You acknowledge, consent and agree that we may access, preserve, and disclose your account
information and Material if required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any Materials violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety of us, our users and the public.
You understand that the technical processing and transmission involved in interacting with the Website,
including the transmission of Materials, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or devices. You understand
that the Website may include security components that permit digital materials to be protected, and use of
these materials is subject to usage rules set by us and/or content providers who provide content to the
Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website.
5. Contests And Rating Content
From time to time, we may conduct contests in which we may award various
prizes. You agree that if you participate in any contest, you will abide by all the rules and be subject to
all the terms and conditions of such contest, in addition to these Terms. You agree that you shall only rate
each individual instance of content on our Website, such as videos, still pictures, games and joke only
once.
6. Links; Advertisers
The Website may contain links to third party websites that are not owned or
controlled by WhatTheFudge.TV. WhatTheFudge.TV is not affiliated with those websites, has no control over,
and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
WhatTheFudge.TV will not and cannot censor or edit the content of any third-party site. For advertisements,
we hold the right to reject or request changes for any advertisements on WhatTheFudge.TV for any reason. By
using the Website, you expressly release WhatTheFudge.TV from any and all liability arising from your use of
any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to
read the terms and conditions and privacy policy of each other website that you visit. Additionally, your
dealings with or participation in promotions of advertisers found on the Site, including payment and
delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You
agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with
such advertisers.
7. International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Materials. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United States or the country
in which you reside.
8. Limitation of Liability
IN NO EVENT SHALL WhatTheFudge.TV, 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) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY
UNAUTHORIZED USE OF OUR 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 ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT WhatTheFudge.TV 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 WhatTheFudge.TV 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.
9. Indemnity
You agree to indemnify and hold us, WhatTheFudge.TV, affiliates, officers,
agents, partners and employees harmless from any claim or demand, including reasonable attorneys' fees,
arising out of your content and materials, your use of the Website, your violation of these Terms or your
violation of any third party's rights including such party's copyrights and trademarks.
8a.
Disclaimer Of Warranties THE WEBSITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES ARE PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED
BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE WEBSITE; LACK OF VIRUSES, WORMS,
TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE; AND (B) ANY DUTIES OF
REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE WEBSITE, APPLICATIONS, OR
RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN
CONNECTION WITH THE WEBSITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, WE DISCLAIM
ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE WEBSITE, APPLICATIONS,
AND RELATED INFORMATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age or possess legal
parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use.
In any case, you affirm that you are over the age of 13, as the Website is not intended for children under
13. If you are under 13 years of age, then please do not use the Website.
11. Assignment
These Terms & Conditions, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by WhatTheFudge.TV without restriction.
12. User Conduct
As a condition of use, you promise not to use the Services for any purpose
that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by
WhatTheFudge.TV.
By way of example, and not as a limitation, you agree not to use the
Services:
1. to abuse, harass, threaten, impersonate or intimidate other WhatTheFudge.TV users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous,
defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of
any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all
local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private information from any WhatTheFudge.TV user;
5. to create or submit unwanted email ("Spam") to any other WhatTheFudge.TV users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs
repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated
means to access the Website for any purpose without our express written permission. Additionally, you agree
that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper
working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use
to prevent or restrict access to the Website;
9. with the intention of artificially inflating or altering the ' WhatTheFudge.TV count', comments, or any
other WhatTheFudge.TV service, including by way of creating separate user accounts for the purpose of
artificially altering WhatTheFudge.TV's services; giving or receiving money or other remuneration in
exchange for votes; or participating in any other organized effort that in any way artificially alters the
results of WhatTheFudge.TV's services;
10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of
these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or
sell to any user without their prior explicit consent;
11. attempt to impersonate another user or person;
12. sell or otherwise transfer your profile.
WhatTheFudge.TV may remove any Content and WhatTheFudge.TV accounts at any time for any reason (including,
but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such
Content), or for no reason at all. To report Terms of Use abuse, please email: abuse at
WhatTheFudge.TV
You are solely responsible for your interactions with other users of the Website. WhatTheFudge.TV reserves
the right, but has no obligation, to monitor disputes between you and other users.