Terms of Use


Last Modified: 7.15.20

  1. These Terms of Use

            The following legal terms and conditions (“Terms of Use”), together with all documents they expressly incorporate by reference, govern your access to and use of www.personalizedpranks.com (the “Website”), including any content, functionality, and any services or products offered on or through the Website, whether as a guest or a registered user.  These Terms of Use are entered into by and between you and Personalized Pranks, LLC (“Personalized Pranks,” “we,” “our,” or “us”).

YOUR USE OF THE WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE. 

            PLEASE CAREFULLY READ THE ENTIRETY OF THESE TERMS OF USE AND ALL DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE BEFORE YOU START TO USE OR PLACE AN ORDER THROUGH THE WEBSITE.  BY USING THE WEBSITE OR PLACING AN ORDER THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND ALL DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE, INCLUDING OUR PRIVACY POLICY

            AFTER READING THESE TERMS AND CONDITIONS, IF FOR ANY REASON YOU DO NOT AGREE TO OR CANNOT ABIDE BY EITHER THESE TERMS OF USE OR ANY DOCUMENTS THEY EXPRESSLY INCORPORATE BY REFERENCE, INCLUDING OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY.  OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY, AND SUBJECT TO, THESE TERMS OF USE, AND YOUR AGREEMENT CONSTITUTES A BINDING AND ENFORCEABLE CONTRACT BETWEEN YOU AND PERSONALIZED PRANKS.

            We may update, revise, or otherwise change these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to, and use of, the Website thereafter.  Your continued use of the Website following the posting of any revised Terms of Use means that you accept and agree to the changes.

            YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CHECKING THIS PAGE EACH TIME YOU ACCESS THIS WEBSITE SO THAT YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.

  1. Website access and account security

            Personalized Pranks reserves the right to modify or discontinue this Website and/or any service or product we offer through the Website, at any time, for any reason, with or without notice to you.  We will not be liable if for any reason all or any part of the Website, or any service or product offered through the Website, are unavailable at any time or for any period.  At our sole discretion, we may restrict access to some parts of the Website, or the entire Website, to any person, including registered users.

            You are responsible for making all arrangements necessary for you to have access to the Website.  You also are responsible for ensuring that all persons who access the Website through your internet connection are aware of, and comply with, these Terms of Use.

            To access the Website or the services and products offered through the Website, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  YOU ACCEPT AND AGREE THAT ALL INFORMATION YOU PROVIDE TO REGISTER WITH THIS WEBSITE OR TO ACCESS THE SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THROUGH THE USE OF ANY INTERACTIVE SERVICES OR FEATURES ON THE WEBSITE, IS GOVERNED BY OUR PRIVACY POLICY, AND YOU CONSENT TO ALL ACTIONS WE TAKE WITH RESPECT TO YOUR INFORMATION CONSISTENT WITH OUR PRIVACY POLICY.

            If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to, or use of, your username or password, or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

            We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Intellectual property rights

            The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Personalized Pranks, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

            Personalized Pranks’ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Personalized Pranks or its affiliates or licensors.  You must not use such marks without the prior written consent of Personalized Pranks.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

            You do not have, and will not acquire, any right, title, or interest in or to any of our intellectual property except as specifically detailed in these Terms of Use.  You have a limited, non-exclusive, revocable license to access and use the Website in accordance with these Terms of Use.

            These Terms of Use permit you to use the Website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

  • your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • you may store files that are automatically cached by your internet browser for display enhancement purposes;
  • you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications; and
  • if we provide any social media or interactive features with certain content, you may take such actions as are enabled by such features and otherwise allowed by these Terms of Use.

You must not:

  • modify copies of any materials from the Website;
  • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website; and/or
  • access or use for any commercial purposes any part of the Website or any services or materials available through the Website, without our prior written consent.

            If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Personalized Pranks.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may subject you to civil or criminal liability under applicable copyright, trademark, and/or other laws and regulations.  

  1. User-submitted content and materials

            (a)       User contributions

            The Website may contain certain interactive features (“Interactive Services”) that allow you and other users to post, submit, publish, display, or transmit to Personalized Pranks, other users, or other persons content or materials (collectively, “User Contributions”) on or through the Website.  Such User Contributions may include, but are not limited to, any posts, comments, reviews, or the like made by you, as well as any other information, designs, or other materials you may provide Personalized Pranks.  All User Contributions must comply with these Terms of Use, including the content standards set out below.  All User Contributions will be considered non-confidential and non-proprietary.

            By submitting any User Contribution, you expressly grant Personalized Pranks a royalty-free, worldwide, transferable, exclusive, sub-licensable right and license to use the content of such User Contributions in any and all media, existing now or created in the future, as we choose and/or as we deem necessary to enable you to use our services.  Further, by submitting any User Contribution, you expressly grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

          By submitting any User Contributions, you represent and warrant that:

  • you own or control all rights in and to all User Contributions you submit and that you have the right to grant the rights and license granted above to us and our affiliates and service providers, and each of our/their respective licensees, successors, and assigns; and
  • all of your User Contributions do and will comply with these Terms of Use.

            You understand and acknowledge that you are fully and solely responsible for any User Contributions you submit or contribute, and that you, not Personalized Pranks, have and assume full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

            (b)       Monitoring and enforcement; termination

            Personalized Pranks has the authority, in its sole and absolute discretion, for any or no reason, to:   

  • remove or refuse to post any User Contributions;
  • take any action with respect to any User Contribution that we deem necessary or appropriate, including if we believe that such User Contributions violates these Terms of Use (including the content standards below), infringes any intellectual property right or other right of any person or entity, threatens the safety of users of the Website or the public, or could create any liability for Personalized Pranks;
  • disclose your identity or other information about you to any third party who claims that any User Contribution violates their rights, including their intellectual property rights or their right to privacy;
  • disclose your identity or other information about you to law enforcement authorities;
  • take any and all legal action we deem necessary, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
  • terminate or suspend your account and/or your access to all or part of the Website.

            Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS PERSONALIZED PRANKS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION BY PERSONALIZED PRANKS TAKEN DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PERSONALIZED PRANKS OR BY LAW ENFORCEMENT AUTHORITIES. 

            We cannot and do not undertake to review all material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding any User Contributions or any other transmissions, communications, or content provided by you or any other third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

            (c)        Content standards

            These content standards apply to any and all User Contributions and to the use of any Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, any User Contribution is prohibited if it:

  • violates intellectual property laws;
  • infringes any patent, trademark, trade secret, copyright, or other intellectual property rights, including rights of privacy and personality, of any person or entity;
  • violates the legal rights of any person or entity;
  • contains or consists of any word, phrase, term, symbol, or other mark that signifies, or may be construed to signify, hate, racism, or violence toward any person or group of people;
  • is discriminatory or promotes discrimination based on race, sex, religion, nationality, ethnicity, sexual orientation, gender, age, or disability;
  • is pornographic or sexually explicit;
  • exploits images of, or the likeness of, minors;
  • is obscene, indecent, or vulgar;
  • is harassing, threatening, abusive, hateful, libelous, defamatory, or inflammatory;
  • causes annoyance, inconvenience, or needless anxiety, or is likely to upset, embarrass, or alarm any person;
  • is violent or depicts violence;
  • is fraudulent or is otherwise likely to deceive any person;
  • misrepresents your or any other person’s identity or affiliation with any person or group;
  • contains or consists of any reference to illegal substances or drugs, or the use thereof;
  • promotes any illegal activity;
  • gives the impression that it emanates from, or is endorsed by, us or any other person or entity, if this is not the case;
  • is lewd, lascivious, generally offensive, or in bad taste, or is otherwise objectionable as determined by Personalized Pranks; or
  • could give rise to any civil or criminal liability under applicable laws and regulations; or
  • is otherwise prohibited by any applicable law or regulation.

This list is NOT exhaustive and is intended to serve only as a general guideline.

            (d)       Communications with the Website and Personalized Pranks

            Any communication or material you transmit to Personalized Pranks or to the Website, whether by email or otherwise, including data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.  Personalized Pranks cannot prevent the harvesting of information from the Website, and you may be contacted by Personalized Pranks or unrelated parties, by email or otherwise, within or outside of the Website.

            Anything you transmit to Personalized Pranks or to the Website may be edited by or on behalf of Personalized Pranks, may be posted to the Website at the sole discretion of Personalized Pranks, and may be used by Personalized Pranks or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting.  You acknowledge and agree that Personalized Pranks is free to use any ideas, concepts, know-how, or techniques contained in any communication or material you transmit to us or to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising, or marketing products or services, or otherwise.  If you transmit any ideas, concepts, materials or other communications to Personalized Pranks or to the Website, you accept that it will not be treated as confidential and may be used by Personalized Pranks without compensation in any manner whatsoever, and for any purpose whatsoever, including, without limitation, for purposes of reproduction, transmission, publication, marketing, product development, or otherwise.

  1. Notice and procedure for making claims of copyright infringement

            If you believe that any material appears on the Website in a way that constitutes copyright infringement, you may provide us a notice to the Website’s designated copyright agent below.  Pursuant to Section 512(c) of the Digital Millennium Copyright Act (“DMCA”), any such notice of copyright infringement should include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a detailed description of the copyright work that you claim has been infringed;
  • identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate that material;
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, their agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Personalized Pranks’ copyright agent for notice is:

Personalized Pranks, LLC

c/o Zachary M. VanVactor / Copyright Agent

Stites & Harbison PLLC

400 West Market Street, Suite 1800

Louisville, KY 40202-3353

Email: personalizedpranks@stites.com

            We may give notice to our users of any claim of copyright infringement by means of a general notice on our Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records.  If you receive such a notice, you may provide a counter-notification in writing to the copyright agent designated above.  To be effective, any such counter-notification should include the following information:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement by you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material removed or disabled; and
  • your name, address, telephone number, and email address; and
  • a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Personalized Pranks may be found, and that you will accept service of process from the person who provided notification of alleged infringing material or an agent of such person.

            Personalized Pranks may terminate user accounts that have been the subject of five separate DMCA notices.  In the event a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Personalized Pranks will treat the underlying DMCA notice as withdrawn.  Personalized Pranks reserves the right to terminate, in appropriate circumstances and at its sole discretion, user accounts that are the subject of fewer than five DMCA notices.

  1. Notice and procedure for making claims of trademark or other intellectual property infringement

            If you believe that any material appears on the Website in a way that constitutes trademark or other intellectual property infringement, you may provide us a notice to the Website’s designated agent below.  Any such notice of trademark or other intellectual property infringement should include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the trademark or other intellectual property interest;
  • a detailed description of the trademark work or other intellectual property interest that you claim has been infringed;
  • identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate that material;
  • your name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the trademark or other intellectual property interest, their agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the trademark or other intellectual property interest, or authorized to act on their behalf.

Personalized Pranks’ agent for notice is:

Personalized Pranks, LLC

c/o Zachary M. VanVactor / Copyright Agent

Stites & Harbison PLLC

400 West Market Street, Suite 1800

Louisville, KY 40202-3353

Email: personalizedpranks@stites.com

            We may give notice to our users of any claim of trademark or other intellectual property infringement by means of a general notice on our Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records.  If you receive such a notice, you may provide a counter-notification in writing to the agent designated above.  To be effective, any such counter-notification should include the following information:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access had been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement by you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material removed or disabled; and
  • your name, address, telephone number, and email address; and
  • a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Personalized Pranks may be found, and that you will accept service of process from the person who provided the notification of alleged infringing material or an agent of such person.

            Personalized Pranks may terminate user accounts that have been the subject of five separate notices of trademark or other intellectual property infringement.  In the event a user’s materials are removed due to a notice of trademark or other intellectual property infringement, and then subsequently restored due to the filing of a counter-notification, Personalized Pranks will treat the underlying notice of trademark or other intellectual property infringement as withdrawn.  Personalized Pranks reserves the right to terminate, in appropriate circumstances and at its sole discretion, user accounts that are the subject of fewer than five notices of trademark or other intellectual property infringement. 

  1. Prohibited uses of the Website

            You may use the Website and the services offered through the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use either the Website:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, by asking for their personally identifiable information, or otherwise;
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use;
  • to transmit, or procure the transmission of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • to impersonate or attempt to impersonate Personalized Pranks, any Personalized Pranks employee or other associate, any other user of the Website, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Personalized Pranks or users of the Website, or expose us or them to liability.

Additionally, you agree not to:

  • use the Website in any manner that could disable, overburden, damage, or impair the Website or otherwise interfere with any other party’s use of the Website;
  • use any robot, bot, spider, indexer, crawler, harvester, or any other automatic device, process, program, algorithm, or other means, whether automatic or manual, to access, monitor, or copy the Website or any of any portion of the Website, for any purpose not expressly authorized in these Terms of Use or through any means not purposefully made available through the Website;
  • use any device, software, routine, or other means that interferes with the proper working of the Website;
  • introduce or attempt to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Website in any way whatsoever.
  1. Prohibited uses of Personalized Pranks’ products

            You may use the products offered by Personalized Pranks through the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use any such product for any purpose, or in any manner, that:

  • violates any applicable law or regulation, including, but not limited to, intellectual property laws;
  • infringes any intellectual property rights, including rights of privacy and personality, of any person or entity;
  • violates the legal rights of any person or entity;
  • is harassing, threatening, abusive, hateful, libelous, defamatory, offensive, exploitative, inflammatory, or otherwise harmful to any person or entity;
  • causes annoyance, inconvenience, or needless anxiety, or is likely to upset, embarrass, or alarm any person; or
  • could give rise to any civil or criminal liability under applicable laws and regulations.

            BY USING ANY PRODUCT OFFERED BY PERSONALIZED PRANKS THROUGH THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT SUCH USE CONFORMS WITH THE ABOVE PROHIBITIONS AND WITH THESE TERMS OF USE.  FURTHER, BY USING ANY PRODUCT OFFERED BY PERSONALIZED PRANKS THROUGH THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE OF, AND ACCEPT SOLE RESPONSIBILITY FOR, ANY AND ALL RISK, LIABILITY, OR OTHER CONSEQUENCES THAT MAY RESULT FROM SUCH USE. 

  1. Information about you and your visits to the Website

            All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.   

  1. Linking to the Website and social media features; links from the Website

              You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our prior written consent.

            This Website may provide certain social media features that enable you to, among other things:  link from your own or third-party websites to content on this Website; send emails or other communications with content or links to content on this Website; or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or third-party websites.  You may use these features solely as they are provided by us and otherwise in accordance with these Terms of Use.  Subject to the foregoing, you must not: establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website (e.g., framing, deep linking, or in-line linking); or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice at any time.

            If the Website contains links to other websites and/or resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to any applicable terms and conditions of use for such websites.

  1. Geographic and age restrictions

            The owner of the Website is based in the Commonwealth of Kentucky in the United States.  We provide this Website for use only by persons who are 18 years of age or older and who reside and are located in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with Personalized Pranks and that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.                             

  1. No warranties

            PERSONALIZED PRANKS DOES NOT REPRESENT THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS.  YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 

            PERSONALIZED PRANKS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED THROUGH WEBSITE, INCLUDING SPECIFICALLY ANY (A) WARRANTY OF MERCHANTABILITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (C) WARRANTY OF TITLE, OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

            Further, Personalized Pranks assumes no responsibility, and shall not be liable for, any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data, or other property on account of your access to, use of, or browsing in the Website, or your downloading of any materials from the Website or any linked websites.

  1. Limitation of liability

            TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PERSONALIZED PRANKS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, OR DIRECTORS, OR AGENTS OF EACH OF THEM, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS), OR PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, ON OR UNDER ANY THEORY OF LIABILITY WHATSOEVER, ARISING OUT OF, OR IN CONNECTION WITH, THE WEBSITE, ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE, YOUR USE OR INABILITY TO USE THE WEBSITE, ANY LINKS TO THIRD-PARTY WEBSITES FROM THIS WEBSITE, OR YOUR USE OF ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE.

            The foregoing does not affect any liability that cannot be excluded or limited under applicable law.  Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.

  1. Indemnification

            YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PERSONALIZED PRANKS, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF, OR RELATING TO, YOUR VIOLATION OF THESE TERMS OF USE, YOUR USE OF THE WEBSITE, OR YOUR USE OF ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE.

  1. Governing law and jurisdiction

             All matters, whether sounding in contract, tort, or otherwise, arising out of, or relating to, these Terms of Use, the Website or your use of the Website, or your use of any service or product offered through the Website shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice-of-law provision, conflict-of-law provision, or other rule that would cause the application of the laws of any jurisdiction.

            Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Website or your use of the Website, or your use of any service or product offered through the Website shall be instituted exclusively in the United States District Court for the Western District of Kentucky, Louisville Division, unless that court lacks subject matter jurisdiction, in which case any such legal suit, action, or proceeding shall be instituted in the courts of general jurisdiction for the Commonwealth of Kentucky located in the City of Louisville in Jefferson County, Kentucky.  YOU EXPRESSLY ACCEPT ANY ACKNOWLEDGE THAT SUCH COURTS SHALL HAVE PERSONAL JURISDICTION OVER YOU AND WAIVE ANY AND ALL OBJECTIONS OR OTHER CHALLENGES EITHER TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS OR TO THE PROPRIETY OF VENUE IN SUCH COURTS. 

            Notwithstanding the foregoing, Personalized Pranks reserves the right to bring any legal suit, action, or proceeding against you arising out of, or related to, these Terms of Use, the Website or your use of the Website, or your use of any service or product offered through the Website, in the federal district court embracing your place of your residence or any other court where you may be subject to personal jurisdiction. 

  1. Entire agreement; waiver and severability

            These Terms of Use, together with our Privacy Policy and all other documents expressly incorporated by reference herein, shall constitute the sole and entire agreement between you and Personalized Pranks relative to the Website and the services and products offered through the Website, and shall supersede any and all prior and contemporaneous understandings, agreements, representations, and warranties, whether written and oral.

            No waiver by Personalized Pranks of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or of any other term or condition, and any failure of Personalized Pranks to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Privacy Policy

            Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Website and the services and products offered through the Website.  Our Privacy Policy describes the types of information we may collect from you and/or that you may provide when you visit the Website, as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.  

            PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE YOU START TO USE THE WEBSITE.  IF FOR ANY REASON YOU DO NOT AGREE TO THE TERMS OF OUR PRIVACY POLICY, PLEASE EXIT THIS WEBSITE IMMEDIATELY.  OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THE TERMS OF OUR PRIVACY POLICY.