1 Our Terms
1.1 The Man Walks Into A Joke website (Website) is owned and operated by The Random House Group Limited (we, us and our). You, your or user means the person using the Website under these terms (Terms).
1.2 You agree to be bound by these Terms from the point you first access the Website, otherwise you must cease your use of and access to the Website immediately.
1.3 These Terms may be amended or replaced by us and we advise you to check back here regularly as you will be bound by the most recent version of these Terms.
1.4 If you are under 18 and wish to use the Website please obtain permission from your parent or guardian before doing so.
2 Contributions to the Website
2.1 This clause applies to all Website users who make contributions to the Website. In relation to any material posted on the Website users will not:
2.1.1 publish falsehoods or misrepresentations that could damage us, our authors or any third party;
2.1.2 submit content this is or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or otherwise discriminatory, or encourage conduct that could be considered a criminal offence, give rise to breach of contract, break any law or is otherwise inappropriate;
2.1.3 submit (or encourage the submission of) illegal or unauthorised copies of works protected by a third party’s copyright including (but not limited to) pirated computer programmes or links to them, information that circumvents manufacture-installed copy-protect devices, or pirated music files or links to them;
2.1.4 submit material that is otherwise subject to third party rights, unless permission to use such material and publish it on the Website has been expressly obtained;
2.1.5 submit material that contains software viruses or any other material that may threaten or interrupt the functionality of the Website in any way
2.1.6 impersonate another person; or
2.1.7 solicit personal information from anyone.
2.2 Any content specified at clause 2.2 is Prohibited Content. We may, at our reasonable discretion, deem any other content not specified in clause 2.2 to be Prohibited Content.
2.3 We reserve the right to investigate and take appropriate action against Website users if, in our opinion, they provide or use Prohibited Content or otherwise breach clause 2.2, such action to include (but not be limited to) reporting the Prohibited Content and the details of the person providing it to the appropriate law enforcement agencies and removing the Prohibited Content from the Website.
2.4 You agree to defend, indemnify and hold us or any of our affiliates or individuals harmless from any third party claims or proceedings (including reasonable legal fees) resulting from any violation of this clause 2 either by you or by persons acting on your behalf.
2.5 If you think that any material contributed to the Website may contain Prohibited Content, please notify us by emailing us at email@example.com.
2.6 We may modify, block, refuse to display or delete any content submitted to this Website (even if it is not Prohibited Content).
2.7 The amount of content that may be added to the Website will be subject to a maximum number of words and/or amount of digital storage space as determined by us.
2.8 We may use, edit, modify or reproduce any contributions to the Website and in submitting content to the Website users grant us a worldwide perpetual, non-transferable and royalty-free licence to use such content in any manner, including for publication in print or electronic format.
3 More about the Website
3.1 The Website may contain competitions, special offers and other features that are subject to additional rules and/or terms. Please read these rules, which may be posted or linked at relevant places of the Website, before participating in these competitions and other features.
3.3 The Website may incorporate links to external websites of third parties. The presence of such links on the Website neither constitutes an authorisation by us to you to access third party websites nor an endorsement of the content of third party websites by us. You agree and acknowledge that your use of and the content of such third party websites falls outside our control and the jurisdiction of these Terms and that we will not be held responsible for any damages, loss, costs or expenses arising from the use of third party websites or products or services available through third party websites.
3.4 We may make changes to the Website at our discretion and this may involve periods of Website downtime. As computer and telecommunication systems are not fault-free, this may also mean that Website users incur periods of downtime. We do not guarantee uninterrupted availability of the Website therefore but we will make all reasonable efforts to minimise any periods during which the Website is not available.
3.5 We use encrypted security software to run the Website. The security of information transmitted via the internet cannot be guaranteed, however, and you use the Website at your own risk. We do not accept liability for any losses incurred or sustained by you as a result of transmitting information by means of email or using the Website.
4 Intellectual Property Rights
4.1 All material in or on the Website in which we own copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) remains vested in our ownership or that of our respective licensors.
4.2 You may not copy, reproduce, upload, download, distribute, republish, retransmit, disassemble, decompile, reverse engineer, modify or otherwise use in any way any of the material on or functionality of this Website, including any computer code and software, other than for your own personal use and in accordance with these Terms.
4.3 All brand names, product names and titles used in the Website are trade names, and in some instances trade marks, of their respective holders. No permission or licence is given in respect of use of any of the above, and such use may constitute an infringement of the relevant holders' rights.
5 Limitations of liability
5.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded by law.
5.2 We provide the Website on an “AS IS, AS AVAILABLE” basis.
5.3 Subject to 5.1 above, we will not be liable to you for any loss or damage in circumstances where (or to the extent that):
5.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you;
5.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
5.3.3 any increase in loss or damage results from the act or default of a third party or a breach by you of any of these Terms.
5.4 Except as expressly provided in these Terms and except in respect of fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law, including (without limitation) any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
5.5 Under no circumstances (including negligence) will we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (however caused) which arise out of or in connection with these Terms or your use of the Website.
5.6 We do not warrant that the Website or any products and materials contained on the Website are error free, or that errors will be corrected, or that the Website or the server from which it is run is free of viruses or other potentially harmful codes.
5.7 Neither we nor our affiliates make any representation that materials on the Website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other territories do so at their own initiative and are responsible for compliance with local laws.
6.1 Our failure to insist upon the strict performance of any of your obligations under these Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
6.3 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
6.4 Nothing in these Terms will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
6.5 Unless the local law in the territory in which you are situated permits or requires these Terms to be governed by such local law, these Terms will be governed by and construed in accordance with English law and each of us agrees to submit to the non-exclusive jurisdiction of the English courts.
7 Contact Us
For comments or questions relating to these Terms or the Website please email us at firstname.lastname@example.org.
These Terms were last updated on 29 June 2009.