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Smoking or Joking Privacy Notice
Updated as of June 19, 2007
The Smoking or Joking, L.L.C. Privacy Policy describes how Smoking or Joking, L.L.C. and its subsidiaries treat personal information when you use Smoking or Joking, L.L.C. services, including information provided when you use Smoking or Joking. In addition, the following describes privacy practices specific to Smoking or Joking. To understand how we treat the information you give us as you use Smoking or Joking, you should read this policy and the Smoking or Joking, L.L.C. Privacy Policy.
Personal Information
- Non-Account Activity. You can watch videos on Smoking or Joking without having a Smoking or Joking Account or a Smoking or Joking, L.L.C. Account.
- Account-Related Activity. Certain other activities on Smoking or Joking—like uploading videos, posting comments, or watching restricted videos—require you to have a Smoking or Joking Account or a Smoking or Joking, L.L.C. Account. We ask for some personal information when you create a Smoking or Joking Account or a Smoking or Joking, L.L.C. Account, including your email address and a password, which is used to protect your account from unauthorized access. A Smoking or Joking, L.L.C. Account allows you to access many of our services that require registration.
- Usage Information. We may record information about your usage, such as when you use Smoking or Joking, the channels, groups, and favorites you subscribe to, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or click on in Smoking or Joking (including UI elements, settings, and other information). If you are logged in, we may associate that information with your account. We may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to our users to track which emails are opened by recipients.
- Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your playback or profile pages, etc.) becomes publicly available and can be collected and used by others.
Uses
- If you submit personally identifiable information to us through the Smoking or Joking Sites, we use your personal information to operate, maintain, and provide to you the features and functionality of the Smoking or Joking Sites, as well as provide special personalized features to you.
- Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the Smoking or Joking Sites and other Users can contact you through messages and comments. Any videos that you submit to the Smoking or Joking Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
- We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Smoking or Joking Site changes or for customer service purposes).
- We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Smoking or Joking Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
- We use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Smoking or Joking Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
Your Choices
- You may, of course, decline to submit personally identifiable information through the Smoking or Joking Sites, in which case you can still view videos and explore the Smoking or Joking Sites, but Smoking or Joking may not be able to provide certain services to you. Some advanced Smoking or Joking features may, for authentication purposes, require you to sign up for other Smoking or Joking, L.L.C. services like Smoking or Joking, L.L.C. Checkout or AdSense. The privacy notices of those services govern the use of your personal information associated with them.
- You may update or correct your personal profile information and email preferences at any time by visiting your account profile page.
More Information
Smoking or Joking, L.L.C. adheres to the US Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the Department of Commerce's web site.
For more information about our privacy practices, go to Smoking or Joking, L.L.C.'s full privacy policy. If you have additional questions, please contact us any time. Or write to us at:
Smoking or Joking Privacy
Smoking or Joking, L.L.C.
PO Box 218
Wickatunk, NJ 07765
Copyright Tips
We've been receiving a lot of questions from members about what makes a video copyright infringing and ineligible for upload on Smoking or Joking. Posting copyright-infringing content can lead to the termination of your account, and possibly monetary damages if a copyright owner takes you to court. Here are some guidelines to help you determine whether your video is eligible or whether it infringes someone else's copyright.
As a general matter, we at Smoking or Joking respect the rights of artists and creators, and hope you will work with us to keep our community a creative, legal and positive experience for everyone, including artists and creators.
How To Make Sure Your Video Does Not Infringe Someone Else's Copyrights
The way to ensure that your video doesn't infringe someone else's copyright is to use your skills and imagination to create something completely original. It could be as simple as taping some of your friends goofing around, and as complicated as filming your own short movie with a script, actors, and the whole works. If it's all yours, you never have to worry about the copyright—you own it! Make sure to follow the other guidelines in the terms of use, too.
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video is infringing the copyrights of others, and we will take it down as soon as we become aware of it.
Commercial Content Is Copyrighted
The most common reason we take down videos for copyright infringement is that they are direct copies of copyrighted content and the owners of the copyrighted content have alerted us that their content is being used without their permission. Once we become aware of an unauthorized use, we will remove the video promptly. That is the law.
Some examples of copyrighted content (although not all) are:
- TV shows
- Including sitcoms, sports broadcasts, news broadcasts, comedy shows, cartoons, dramas, etc.
- Includes network and cable TV, pay-per-view and on-demand TV
- Music videos, such as the ones you might find on music video channels
- Videos of live concerts, even if you captured the video yourself
- Even if you took the video yourself, the performer controls the right to use his/her image in a video, the songwriter owns the rights to the song being performed, and sometimes the venue prohibits filming without permission, so this video is likely to infringe somebody else's rights.
- Movies and movie trailers
- Commercials
- Slide shows that include photos or images owned by somebody else
A Few Guiding Principles
- It doesn't matter how long or short the clip is, or exactly how it got to Smoking or Joking. If you taped it off cable, videotaped your TV screen, or downloaded it from some other website, it is still copyrighted, and requires the copyright owner's permission to distribute.
- It doesn't matter whether or not you give credit to the owner/author/songwriter—it is still copyrighted.
- It doesn't matter that you are not selling the video for money—it is still copyrighted.
- It doesn't matter whether or not the video contains a copyright notice—it is still copyrighted.
- It doesn't matter whether other similar videos appear on our site—it is still copyrighted.
- It doesn't matter if you created a video made of short clips of copyrighted content—even though you edited it together, the content is still copyrighted.
What Will Happen If You Upload Infringing Content
Anytime we become aware that a video or any part of a video on our site infringes the copyrights of a third party, we will take it down from the site. We are required to do so by law. If you believe that a video on the site infringes your copyright, send us a copyright notice and we will take it down. If you believe that we have removed a video that you uploaded in error and that you are the copyright owner or have permission, you can file a counter notice and let us know. If you repeatedly post infringing content, your account will be terminated. This is also a requirement of the law.
Using Some Copyrighted Content in Your Videos
While videos that are direct copies of someone else's content are clear copyright violations, there are certain very limited circumstances in which the use of very short clips of a copyrighted video or song may be legal even without permission. This is known as the "fair use" principle of copyright law.
To determine whether a particular use of a short clip of a copyrighted video or song qualifies as a "fair use," you need to analyze and weigh four factors that are outlined in the U.S. copyright statute. Unfortunately, the weighing of these four factors is often quite subjective and complex, and for this reason, it's often difficult to determine whether a particular use is a "fair use." If the copyright owner disagrees with your interpretation of fair use, the copyright owner may chose to resolve the dispute in court. If it turns out that your use is not a fair use, then you are infringing the copyrights of the owner and you may be liable for monetary damages.
If you would like to learn more about the principle of fair use, below are a few links to websites that discuss it. Please remember, however, that your decision about whether and how to exercise your fair use rights is solely yours, and we at Smoking or Joking bear no responsibility for your decision.
Fair Use Links on the Web
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Smoking or Joking, L.L.C.
PO Box 218
Wickatunk, NJ 07765
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
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