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. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT1.1. Description of Service. Cracked.com is an award-winning, smart and irreverent website best known for its funny and informative lists and non-fiction cultural commentary. Created as an online extension of the American humor magazine founded in 1958, Cracked.com is one of the longest-running and fastest growing comedy brands online.

1.2. Age Requirement. You must be at least 16 (sixteen) years old to use the Service.

2. MODIFICATIONS TO TERMS2.1. Procedure. At any time Cracked may change these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms. We will provide notice to you of any material change in the Terms by posting notice to the Site. Your continued use of the Service 30 days after our notice to you of a change in the Agreement will mean that you have agreed to be bound by the amended Agreement.

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.

3. MODIFICATIONS TO SERVICEWe reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect Cracked’s license to your Content as stated in Section 5 below.

4. POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES4.1. Content Protected by Intellectual Property Rights. Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Cracked or its licensors.

4.2. Your Warranties Regarding Your Content. By displaying or publishing (“posting”) any Content on the Service, you warrant and represent that:4.2.1. You own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to Cracked the rights described in these Terms;

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. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS5.1. Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms.

5.2. Your License to Cracked.5.2.1. Subject to Section 5.b.ii, you hereby grant Cracked a 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.

5.2.2. 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. PROHIBITED CONTENT

You must not post to the Service any Content that, as reasonably determined by Cracked, is or appears to be:6.1. Untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;

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. PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM

7.1. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Cracked, subject to applicable law:7.1.1. Access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;

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. MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES8.1. No Duty to Monitor. We are under no obligation to restrict or monitor the Service or any Content in any way. CRACKED DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Cracked. Cracked neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.

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. PROTECTION OF CONTENT9.1. License by Cracked to You. You must respect the intellectual property laws protecting our Service. Cracked grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Cracked has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.

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).

10. PRODUCT SALESTo order a tangible product offered via the Service (“Products”), you will need to follow the ordering procedures described via the Service. Pricing details for Products and the procedures for payment and delivery are displayed via the Service, and are subject to change without notice. By placing an order via the Service, you expressly agree that we are authorized to charge to the payment method you provide at that time (or to a different payment method you designate that we accept) the applicable fee at the then-current rate displayed via the Service plus any applicable taxes, shipping fees, and any other charges you may incur in connection with your use of the Service or your order. At any time, and for any reason, we may in our discretion (but are under no obligation to) provide a refund, bonus or other consideration to some or all of our customers. Any delivery times or dates are estimates only. All Products sales are final. However, if you would like to be considered for a refund, please contact customer service through the Service.

11. PRIVACY POLICYPlease see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.

12. TERMINATION OR CANCELLATION

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.