Terms & Conditions

This is a family-oriented website and you must only submit jokes that are suitable for all ages. Prior to using this website and before you submit any materials, you must review our terms of use carefully, and you agree to comply with and be bound by all the terms and conditions contained therein.

Terms of Use

These terms of use (Terms) set forth the terms and conditions under which you may use our website and submit material. We may amend these Terms from time to time without notice to you, and you agree to comply with and be bound by any such amendments. Therefore, you should review these Terms each time you use our website and submit any material. If these Terms or any amendments are unacceptable, you must discontinue your use of our website immediately. As used in these Terms, we, us, and our refer to JokeBanana.com. References to our website includes, where applicable, any content and services contained on our website. As used in these Terms, you, refers to the individual or other party using our website in any manner.

1. General

   (a) We reserve the right to modify, suspend, or discontinue all or any part of our website at any time for any or no reason with or without notice to you.

   (b) You shall not use or attempt to use our website for any improper or unlawful purpose including, without limitation, to violate any of our policies, procedures, or requirements, or to interfere with, disrupt, or breach the security of our website or any of our servers or networks. You are responsible for ensuring that your use of our website does not violate any applicable local, state, federal, international or other law, rule, or regulation including, without limitation, those of any national or international stock exchange, regulatory authority, and any law regarding the transmission of technical data exported from the United States of America or any other country.

2. Submission of Material

   (a) You must not, and represent and warrant that you will not, post or promote on our website material (including but not limited to jokes) of any kind or nature which is, or which may be reasonably considered by us to be illegal, obscene, indecent, libellous, pornographic, seditious, offensive, spam, defamatory, threatening, unlawful, harmful, vulgar, liable to incite racial hatred, discriminatory, menacing, blasphemous, in breach of confidence, contract, or in respect of which you are not the true and lawful owner of the patent, copyright or trademark or other proprietary right, as the case may be, or for which is racially, ethnically or otherwise objectionable; and you further represent and warrant that any material you submit shall not be contrary to any local, state, federal, or international laws, rules, regulations, or infringe the rights of any third party.

   (b) Any material you submit to our website will not be confidential and you understand that you will be held entirely responsible for any such material. We may disclose any submission for any purpose whatsoever including, but not limited to, as required by law, regulation, or governmental request.

   (c) By submitting material to our website, you grant (or warrant the lawful owner has expressly granted) us a royalty-free, perpetual, and irrevocable right and license to use, reproduce, modify, publish, and display such materials or any part thereof for any purpose whatsoever, in any form through any medium, and to further sublicense such materials. We reserve the right to delete or to not post any submission for any or no reason. You hereby irrevocably waive any claim that you may have against us for any of the materials you submit to us.

3. Security

   You may receive a username and a password for your use of certain parts of our website. It is your responsibility to maintain the confidentiality of your username and password. You must contact us immediately if you become aware of any unauthorized use of your account or breach in the confidentiality of your username and/or password. You are responsible for all use, including unauthorized use, of our website through your designated username and password. In no event shall we be liable for any loss or damage resulting from or relating to the requirements of this Section.

4. Ownership

   All materials contained on our website including, but not limited, to text, images, and graphics are protected under applicable laws relating to intellectual property rights, such as copyright, patent, and trademark laws. No part of our website may be reproduced, copied, modified, republished, or transmitted in any manner by any means without our written permission. You shall not modify our website or sell, lease, loan, distribute or create any derivative works from it.

5. Links

   We assume no responsibility for your decision to utilize any third-party links on our website, or for the accuracy or usefulness of any materials contained on any such sites. All sites mentioned within search results or linked to by those results are developed by persons independent of us. All such sites (and the results themselves) are not screened by us and so may contain material that is inappropriate, illegal, offensive or otherwise objectionable in some way. You assume all risks, direct and indirect, for following links from our website, either in search results, banner advertisements, or other third-party links.

6. No License

   Except as set out in any written agreement we have with you, nothing contained on our website confers any license, right, title, or interest in or to our intellectual property or any third-party’s intellectual property (including but not limited to patents, copyrights and trademarks) in any form by implication, estoppel, or otherwise.

7. Infringement

   We respect the intellectual property rights of others. In compliance with 17 U.S.C. § 512, if you believe any link to a third-party site found within our website infringes your intellectual property rights, please contact us (in writing, including your name, address, and telephone number, and providing a description and the location of the alleged infringing material) at the address stated at the end of these Terms so that we may review any alleged infringement.

8. Indemnification

   You agree to indemnify, defend, and hold us and our directors, officers, employees, agents, contractors, affiliates, subsidiaries, successors and assigns harmless from any and all third-party losses, claims, demands, liabilities, damages, costs or expenses of any kind or nature (including but not limited to attorneys’ fees and costs of litigation) resulting from your use of our website and any and all material, in whole or part, submitted by you.

9. No Warranties

   Our website and any service therein is provided as is and as available and without any warranties of any kind. We expressly disclaim any warranties of any type whatsoever, either express or implied, including but not limited to any implied warranty of Merchantability or fitness for a particular purpose; non-infringement; any implied warranty relating to course of performance, course of dealing, or usage of trade; any warranty that access to our website will be uninterrupted, reliable, secure, or error-free; and any warranty regarding the suitability and quality of our website for your purposes or expectations.

10. Limitation of Liability

    In no event shall we or any of our directors, officers, employees, agents, contractors, affiliates, subsidiaries, successors or assigns be liable to you or any other party for any claim for direct, indirect, incidental, special, punitive, or consequential damages (including but not limited to lost profits), or for any other damage (including but not limited to harm resulting from accessing information or accessing or submitting material on our website), loss of data, or any claim in contract or tort (whether or not arising in whole or part out of our act, omission, fault, negligence, strict liability, or product liability) arising out of or in connection with the use of our website, even if such damages are foreseeable or we have been advised of or have constructive knowledge of the possibility of such damages.

    Furthermore, in no event shall we or any of our directors, officers, employees, agents, contractors, affiliates, subsidiaries, successors or assigns be responsible or liable for the content, completeness, accuracy or legality of information or material displayed in connection with or arising out of our website or any cessation, interruption or delay in the performance of our website for any reason including, without limitation, causes beyond our reasonable control such as earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, act of terrorism, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of business including internet access, or any change in or the adoption of any law ordinance, rule, regulation, order, judgment or decree.

11. Third-Party Beneficiaries

    Except as may be specifically set forth in these Terms, there are no third-party beneficiaries to these Terms.

12. Partial Invalidity

    If any provision of these Terms for any reason shall be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of this Agreement; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.

13. Waiver

    Any waiver of any provision of these Terms will be effective only if in a writing signed by us. The failure by us to enforce any provision of these Terms will not be deemed a waiver of such provision or any other provision.

14. Governing Law and Consent to Jurisdiction

    The laws of the state of Delaware, U.S.A. govern all matters arising out of these Terms, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. Any dispute or claim arising out of or in relation to these Terms, or the interpretation, making, performance, breach or termination thereof, will be finally settled by the courts of the state of Delaware, U.S.A. and of any federal court located in the state of Delaware, U.S.A.

15. Entire Agreement

    These Terms along with any other notices, policies, procedures, agreements, and terms and conditions on our website and/or concluded with you in writing offline contain the entire understanding with respect to your use of our website and our relationship with you and supersede all prior understandings and agreements, whether written or oral, and all prior dealings.