Terms And Conditions
DISCLAIMER: All characters, names and places used in CRACKED fiction and semifiction (whether online, in print or any other media) are fictitious and are used herein for the purposes of comment, criticism, parody, pointing out political and/or social injustice or any other purpose through which humanity is held up to the ridicule it frequently deserves. Any similarity to real people, without parodic purpose, is a coincidence. All trade names, product names and trademarks of third parties, including any trademarked characters, used in CRACKED fiction and semifiction (whether online, in print or any other media) are used without the authorization of those third parties, and are used only for the purpose of parody and identification. No sponsorship, endorsement or affiliation by or with those third parties exists or should be implied.
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING CONTRACT BETWEEN LITERALLY MEDIA LTD. (herein referred to as “Cracked” or “we”) AND YOU (“you”). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE CRACKED.COM WEBSITE (the “Site”) OR ANY SOFTWARE, GAMES, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “SERVICE”). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
1.2. Age Requirement. You must be at least 16 (sixteen) years old to use the Service.
2.2. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Cracked at all times. In addition, we encourage you to check back regularly to review these Terms at least once every thirty days.
4.2.2. You will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
4.2.3. You are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Cracked described in these Terms; and
4.2.4. Your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
4.3. Establishing an Account to Post Content. To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the “Account”). You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate current and complete information to Cracked for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Cracked is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
5.2.2. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service (collectively, “Interactive Content”), you hereby grant Cracked an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), advertise in, on, and around, and create derivative works of the Content, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
5.2.3. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
5.3. Your Right to Terminate the License. With the exception of Interactive Content, you may remove or modify Content that you post on the Site. If, prior to such removal or modification, Cracked has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then Cracked has a limited right to continue to distribute those materials. If you want Cracked to stop distributing your Content, simply send us written notice to stop distributing such materials, in which event we will stop distributing your Content within 30 days. Your notice must be signed by you, include your telephone number and email address, and be sent by first class mail, postage prepaid, to Literally Media Ltd., 146 N. Canal St., Ste. 210, Seattle, WA 98103, USA. In addition, the notice must clearly identify the Content at issue, describe the specific use of the Content you wish to end, and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 30 day period for Cracked to stop distributing your Content begins only once Cracked has received a notice complying with the requirements of this Section.
5.4. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to Cracked you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; (b) if we so choose, Cracked may use and disclose your Submissions in any way; and (c) Cracked has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
6.2. Infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
6.3. Of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
6.4. Unsolicited, undisclosed or unauthorized advertising;
6.5. Software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
6.6. Data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
6.7. In violation of any applicable local, state, national or international law (including export laws).
7.1.2. Access, tamper with, or use services or areas of the Service that you are not authorized to access;
7.1.3. Alter information on or obtained from the Service;
7.1.4. Tamper with postings, registration information, profiles, submissions or Content belonging to Cracked or other users of Cracked;
7.1.5. Use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
7.1.6. Frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Cracked;
7.1.7. Impersonate or misrepresent your affiliation with any person or entity;
7.1.8. Reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
7.1.9. Send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
7.1.10. Take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
7.2. Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO CRACKED, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY CRACKED $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
8.2. Right to Resolve Disputes. Cracked has the right but not the obligation to resolve disputes between users relating to the Service and Cracked’s resolution of a particular dispute does not create an obligation to resolve any other dispute. Cracked’s resolution of any dispute is final with respect to the Service.
9.2. Reservation of Rights. On its own behalf and the behalf of its licensors, Cracked reserves all rights in the Content, including any software, not expressly granted in this Section 9. Cracked does not in any way grant any other rights to you. Except as expressly stated in this Section 9, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Cracked or other third-party owner of the rights in that Content (if any).
12.1. Right to Terminate. We may, at any time, without notice to you, terminate, block or suspend your access to the Service, and your Account.
12.2. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
12.3. Effect of Termination. Upon termination of your Account or the Service, your agreement with Cracked pursuant to these Terms will also terminate, except that the following provisions survive the termination: Section 4 “Posting Content on the Service; Representations and Warranties,” Section 5 “Ownership of Rights; License Rights; User Submissions,” Section 9 “Protection of Content,” Section 14 “Indemnification,” Section 15 “Disclaimer of Warranties,” Section 16 “Exclusion of Damages; Limitation of Liability,” and Section 20 “Additional Terms”. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.