TERM & SERVICES
Last Updated: May 26, 2023
1. General Terms and Our Services
Welcome to Punch (the "Platform"), which is provided by Punch, Inc. or one of its affiliates (collectively such entities will be referred to as "Punch", "we" or "us").
You are reading the terms of service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the "Services").
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND PUNCH AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MAN. ATORY BINDING ARBITRATION. AND YOU AND PUNCH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
The Punch App provides an experience that guides and allows users to create short form comedic sketch videos and share them with friends and contacts through the App and social media channels ("Services" or "Platform").
2. Accepting the Terms
If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and
"your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
3. Changes to the Terms
We may amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are legal or regulatory changes. We will use commercially reasonable efforts to notify users of material changes to these Terms, such as through a notice on our Platform. However, you should check the Terms regularly for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Data Use
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your access to our Services at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate
any third party rights, or violate any applicable laws or regulations.
5. Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Services if you are not fully able and legally competent to agree to these Terms;
make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation;
. interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
use automated scripts to collect information from or otherwise interact with the Services;
§. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
including using the Service to make available such content;
Use or attempt to use another's account, service or system without authorization from Punch, or create a false identity on the Services;
use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
use the Service to attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
use the Services to upload, transmit, distribute, store or otherwise make available in any
files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other prohibited form of solicitation;
any private information of any third party, such as addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., government identifiers like Social Security number, National Insurance numbers, passport numbers) or credit card numbers;
any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm;
any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, hate speech, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; that contains a threat of any kind, including threats of physical violence;
any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
material that, in the sole judgment of Punch, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Punch, the Services or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or otherwise harmful to the Services or our users, or we are permitted or required to do so by law.
We can refuse to provide or stop providing all or part of the Service to you immediately to protect our users or services, or if you create risk or legal exposure for us, violate these Terms or our policies (if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your content has been removed in error, or you want to disable or permanently delete your content, please contact us at firstname.lastname@example.org
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate access of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
a. Our Content
As between you and Punch, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and
"look and feel" of the Services, and all intellectual property rights related thereto (the "Punch Content"), are either owned or licensed by Punch, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services.
Use of the Punch Content or materials on the Services for any purpose not expressly
permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Punch Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Punch reserves all rights not expressly granted herein in the Services and the Punch Content. You acknowledge and agree that Punch may terminate this license at any time for any reason or no reason.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Punch Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites, apps, or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
b. User-Generated Content
Users of the Services may be permitted to upload, post or transmit, or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate ("User Content"). Users of the Services may also overlay music, graphics, stickers, backgrounds, and other elements provided by Punch ("Punch Components") onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Punch Components, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as
Instagram, Facebook, YouTube), or to make contact with other users of the Services, you must comply with the standards set out at "Use of Our Services" above. You may also choose to upload or transmit your User Content, including User Content that includes Punch Components, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content quidelines as well as with the standards set out at "Use of Our Services" above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at "Use of Our Services" above. In addition, we have the right - but not the obligation - in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violates these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.
If you wish to complain about information and materials uploaded by other Users please contact us at: email@example.com.
Punch takes reasonable measures to remove from our Services any infringing material that we become aware of. It is Punch's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
You agree to defend, indemnify, and hold harmless Punch, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
9. EXCLUSION OF WARRANTIES
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
10. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (1)
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (11) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA
SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO PUNCH WITHIN THE LAST 12 MONTHS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING DATA USAGE CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. Other Terms
a. Applicable Law and Jurisdiction: These Terms, their subject matter and their formation, are governed by the laws of the United States, and more specifically the state of Delaware.
Except as provided below, you and we agree that:
any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address you use for your account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Punch Inc., ATTN:
Arbitration Opt-out, 115 W California Blvd #9034, Pasadena, CA 91105.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Punch Inc., ATTN:
Arbitration Filing, 115 W California Blvd #9034, Pasadena, CA 91105.
Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
b. Unsolicited Materials, including Feedback: We always appreciate feedback or other suggestions but may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
c. Entire Agreement: These Terms constitute the whole legal agreement between you and Punch and govern your use of the Services and completely replace any prior agreements between you and Punch in relation to the Services.
d.Links: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at "Use of Our Services" above. We reserve the right to withdraw linking permission without notice.
e. Severability: If any aspect of this agreement is unenforceable, the rest will remain in
f. Waiver: Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
h. Security: We do not, and cannot, guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.
We reserve all rights not expressly granted to you.
Contact Us: If you have questions about these Terms or our policies, please contact us at firstname.lastname@example.org
Punch will respond expeditiously to claims of copyright infringement using the Services that are reported to Punch's copyright agent in the notification explained above. It is Punch's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
115 W California Blvd #9034
Pasadena, CA 91105
If the Copyright Owner believes that their copyright work has been copied without permission, you must provide the following information to Punch, INC. The DMCA takedown notice must contain the following information:
Copyright Owner or the designated Agent must:
*Provide an electronic or physical signature.
*Provide a description of the copyrighted work that is claimed as infringed.
*Identify where the infringing copyrighted work is located on the Punch app.
*Provide contact information such as name, address, phone number and email address.
*Provide a statement of a good faith belief that the infringing use is not authorized by the Copyright Owner, or designated Agent or by law.
*Provide a statement under penalty of periury that the information in the notice is accurate and that they are the Copyright Owner or an authorized Agent to act on behalf of the Copyright Owner.
*Copyright Owner or its designated Agent who make misrepresentations with regards to the copyright infringement may be liable for damages incurred as a result of removing or blocking the alleged copyrighted work.
Counter-Notification to Claimed Copyright Infringement
You can file a counter-notification with Punch's designated Agent at the address listed above or at email@example.com if a notice
of copyright infringement has been filed against you. In such counter-notification you must have the following information:
*Provide a physical or electronic signature.
*Identify the copyrighted material that was removed or disabled and the location from where it was removed or disabled.
*Provide a statement under penalty of perjury of a good faith belief that the copyrighted material was removed or disabled because of a mistake or misidentification.
*Provide your name, address, phone number and email address.
*Provide a statement that you consent to the jurisdiction of the Federal District Court in the district where you are located.
*Accept service of process from the complainant.
*The DMCA provides that the copyrighted material that was removed or disabled will be restored or re-enabled upon receipt of valid counter-notification. US copyright law provides substantial penalty for a false counter-notice filed in response to a notice of copyright infringement.
If a counter-notice is received by Punch's Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at Punch's sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
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