SoANNoYING is a community of ranters who have been posting, commenting and sending ANNoY-A-GRAMS since 2009. It is an app-driven home for wound-up folks, spouses at their wits end, grumps, coworkers on the brink, travelers, salespersons or customers who can’t take anymore, and all of us who are about to…snap. Here it is okay to read or post a picture and description of irritating observances: your husband’s shavings in the sink, a screaming baby at a restaurant, a couple wearing matching clothes, impossible packaging, heavy doors, the dumb rules we must follow, and the general infuriating nonsense that we all go through as consumers, students, employees and friends.
SoANNoYING PRIVACY POLICY
Thank you for visiting SoANNoYING.com. By using and/or visiting this website, including all content and functionality available through the SoANNoYING.com domain name, mobile applictaion or the "SoANNoYING.com Website", (collectively referred to hereinafter as the " SoANNoYING.com Website" or “the Website”),and reviewing our Privacy Policy. Your privacy is important to us, and our policy is simple: we will collect no personally identifiable information about you when you visit the website unless you choose to provide that information. The following outlines our privacy and data protection policy.
Third party partners of SoANNoYING.com and other websites/apps you may access via SoANNoYING.com have different privacy policies and are not subject to this Privacy Policy. We recommend that you read the privacy statement of each such website to find out how they protect your personal information.
Collection and Use of User Details
When you register at SoANNoYING.com we will collect your e-mail address.
When you visit the website, we may also collect website usage information and information about your computer and internet connection, including your computer's IP address, the type and version of browser and operating system you use, your internet domain and, if you arrived at SoANNoYING.com via a link from another website, the URL of the linking page.
We may use this information to:
• personalize the content and advertising you will see based on your personal characteristics or preferences;
• notify you of relevant new products and features on SoANNoYING.com (if you opt to receive such information);
• notify you of promotions from SoANNoYING.com and its affiliates (if you opt to receive such information);
• allow reputable third parties to send you information (if you opt to receive such information); and
• ensure, as far as is practical, that our site is compatible with the browsers and operating systems used by most of our visitors.
We may also use the information for in-house research to:
• improve our understanding of customer needs in developing SoANNoYING.com;
• build marketing profiles;
• aid strategic development; and
• manage our relationship with advertisers.
The results of all such research and analysis will be presented as anonymous or aggregated information and will not reveal any personal facts about individual users.
ANNoY-A-GRAMS
ANNoY-A-GRAMS are anonymous e-mail telegram alerts. SoANNoYING.com does not store or review the alerts or replies.
User Choices
The registration form may provide you with a series of choices regarding communications to you from SoANNoYING.com and its affiliates.
We may occasionally allow other similar, reputable organizations to contact you. If you wish to receive communications from these companies, please tick the appropriate box on the registration form.
Cookies
When you visit our website, SoANNoYING.com may send a cookie, a small file containing code, to your computer. SoANNoYING.com uses cookies to improve the quality of our service, including for storing user preferences, improving search results and ad selection, and tracking user trends.
You can delete cookies from your computer at any time. SoANNoYING.com has the right to work with third-parties and sell the collected cookies.
Advertisements
We use a third-party advertising company to serve advertisements when you visit the SoANNoYING.com website. This advertising company may use information (not including your name, address, e-mail address or telephone number) about your visit to the website in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.
Information Sharing
SoANNoYING.com only shares personal information with other companies or individuals outside of SoANNoYING.com in the following limited circumstances:
(1) We have your consent. By using the platform you have given opt-in consent for the sharing non-personally identifiable information
(2) We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf.
(3) We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
(4) We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of SoANNoYING.com, its affiliates, its users or the public as required or permitted by law. This disclosure may include sharing information with law enforcement, other companies, lawyers, agents or government agencies.
Changes to This Privacy Policy
Please note that this Privacy Policy may change from time to time, and we will post any Privacy Policy changes on this page.
Children
SoANNoYING.com does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under age 13, please do not attempt to register for SoANNoYING.com or send any information about yourself to us, including your name, address, telephone number, or e-mail address. No one under age 13 may provide any personal information to or on SoANNoYING.com.
We recommend that minors age 13 or older ask their parents for permission before sending any information about themselves to anyone over the Internet.
Last Update
This Privacy Policy was last updated on April 15th, 2013
Contact Information
Questions or comments regarding the SoANNoYING.com website should be sent by e-mail to: info@SoANNoYING.com
Contact SoANNoYING
Maybe you found a bug, hate a Post, have an idea, or you want to know our mailing address so you can send dandelions…in any case, e-mail us and we will read it.
1. Your Acceptance.
This website and mobile application is operated by SoANNoYING.com (also referred to hereinafter as “we” and “service provider”) and/or its Affiliates. By using and/or visiting this website, including all content and functionality available through the SoANNoYING.com domain name, mobile applictaion or the "SoANNoYING.com Website", (collectively referred to hereinafter as the " SoANNoYING.com Website" or “the Website”), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) SoANNoYING.com's Privacy Policy, which is incorporated herein by reference, and (3) SoANNoYING.com's Guidelines, which are also incorporated herein by reference. If you do not agree to the terms and conditions of SoANNoYING.com’s Terms of Service, Privacy Policy, and Guidelines, please do not use the SoANNoYING.com Website.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. SoANNoYING.com may, in its sole discretion, modify or revise these Terms of Service, guidelines, and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. SoANNoYING.com Website and mobile application (the “Platform”).
(a) These Terms of Service apply to all users of the SoANNoYING.com Platfrom, including users who are also contributors of picture/image content, information, and other materials or services on the Website. The SoANNoYING.com Platform includes all aspects of SoANNoYING.com, including but not limited to all products, software and services offered via the website such as the SoANNoYING.com “ANNoY-A-GRAM,” and the SoANNoYING.com “iPhone®/mobile applications,” The SoANNoYING.com “Rant Page,” and other features/names and conceptual products. The SoANNoYING.com Website, products, software, and services are provided for entertainment purposes only.
(b) The SoANNoYING.com platform may contain links to third party websites that are not owned or controlled by SoANNoYING.com. SoANNoYING.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SoANNoYING.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve SoANNoYING.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the SoANNoYING.com Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. SoANNoYING.com Accounts.
In order to access some features of the Website, you must register to create a SoANNoYING.com account. Use of another user's account without permission is strictly prohibited. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SoANNoYING.com immediately of any breach of security or unauthorized use of your account.
Although SoANNoYING.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SoANNoYING.com or others due to such unauthorized use.
You hereby acknowledge and declare under penalty of perjury that the e-mail address you provide in the “Profile Area,” “Annoyance Upload,” or at any time when prompted for your e-mail address, is yours.
4. General Use of the Website - Permissions and Restrictions.
SoANNoYING.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
(a) You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without SoANNoYING.com's prior written authorization.
(b) You agree not to alter, modify, or reverse engineer any part of the Website, including but not limited to SoANNoYING.com's Embeddable Player, Annoyance Postings, ANNoY-A-GRAM, or any of its related technologies.
(c) You agree not to access User Submissions (defined below) or SoANNoYING.com Content through any technology or means other than the pages of the Website itself, the SoANNoYING.com Embeddable Player, or other explicitly authorized means SoANNoYING.com may designate.
(d) You agree not to use the Website, including the SoANNoYING.com Annoyance Posts and Embeddable Player for any commercial use, without the prior written authorization of SoANNoYING.com. Prohibited commercial uses include any of the following actions taken without SoANNoYING.com's express approval:
i. sale of access to the Website or its related services (such as the Embeddable Player and Annoyance Posts) on another website;
ii. use of the Website or its related services (such as the Embeddable Player and Annoyance Posts), for the primary purpose of gaining advertising or subscription revenue;
iii. the sale of advertising, on the SoANNoYING.com website or any third-party website, targeted to the content of specific User Submissions or SoANNoYING.com Content; and
iv. any use of the Website or its related services (such as the Embeddable Player and Annoyance Posts) that SoANNoYING.com finds, in its sole discretion, to use SoANNoYING.com's resources or User Submissions with the effect of competing with or displacing the market for SoANNoYING.com, SoANNoYING.com Content, or its User Submissions.
Prohibited commercial uses do not include:
v. uploading an original picture, viideo or image to SoANNoYING.com;
vi. using the Embeddable Player or Annoyance Posts to show SoANNoYING.com videos or Annoyance Posts on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with SoANNoYING.com; and
vii. any use that SoANNoYING.com expressly authorizes in writing.
(e) If you use the SoANNoYING.com app you agree that it may automatically download and install updates from time to time from SoANNoYING.com. These updates are designed to improve, enhance and further develop the app and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SoANNoYING.com to deliver these to you) as part of your use of the app.
(f) You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the SoANNoYING.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SoANNoYING.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SoANNoYING.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
(g) You agree not to use the Website or any of the Content for any illegal or harmful purpose. By way of example only, and not as a limitation, you specifically agree not to:
i. upload, post, e-mail, or otherwise transmit any material that is unlawful, indecent, pornographic, harmful, threatening, abusive, bullying, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. harm minors in any way;
iii. impersonate any person or entity, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
v. upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other proprietary rights of any party;
vii. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
ix. intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ
(h) In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, SoANNoYING.com Community Guidelines, and all applicable local, national, and international laws and regulations.
(i) You agree not to “frame” or “mirror” any Content or third-party content contained on or accessible from the Website on any other server or Internet-based device without the advance written authorization of SoANNoYING.com
(j) SoANNoYING.com reserves the right to discontinue any aspect of the SoANNoYING.com Website at any time.
5. Your Use of Content on the Site.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the SoANNoYING.com Website.
(a) The SoANNoYING.com Website contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, pending patents, trade dress or other intellectual or proprietary rights owned by SoANNoYING.com, its Affiliates, or third parties (the “Content”). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. “SoAnnoying,” “SoANNoYING.com,” “ANNoY-A-GRAM,” and other SoANNoYING.com logos and product and service names are trademarks of SoANNoYING.com or its Affiliates (the “SoANNoYING.com Marks”). Without SoANNoYING.com’s written permission, you agree not to display or use in any manner the SoANNoYING.com Marks.
Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SoANNoYING.com reserves all rights not expressly granted in and to the Website and the Content.
(b) You may access User Submissions for your information and personal use solely as intended through the provided functionality of the SoANNoYING.com Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by SoANNoYING.com on the SoANNoYING.com Website for that User Submission.
(c) User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the SoANNoYING.com Website. User Comments are made available "as is," and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SoANNoYING.com Website or otherwise as prohibited under this Agreement.
(d) You may access SoANNoYING.com Content, User Submissions and other content only as permitted under this Agreement. SoANNoYING.com reserves all rights not expressly granted in and to the SoANNoYING.com Content and the SoANNoYING.com Website.
(e) You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
(f) You agree not to circumvent, disable or otherwise interfere with security-related features of the SoANNoYING.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SoANNoYING.com Website or the Content therein.
(g) You understand that when using the SoANNoYING.com Website, you will be exposed to User Submissions from a variety of sources, and that SoANNoYING.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SoANNoYING.com with respect thereto, and agree to indemnify and hold SoANNoYING.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct.
As a SoANNoYING.com account holder you may submit picture/image content ("Annoyance Post") and textual content ("User Comments"). Annoyance Posts and User Comments are collectively referred to herein as "User Submissions." You understand that whether or not such User Submissions are published, SoANNoYING.com does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SoANNoYING.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to SoANNoYING.com, you hereby grant SoANNoYING.com a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, sublicense, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SoANNoYING.com Website and SoANNoYING.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the SoANNoYING.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SoANNoYING.com Website a non- exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in and to User Submissions are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SoANNoYING.com all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to the SoANNoYING.com Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
SoANNoYING.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SoANNoYING.com expressly disclaims any and all liability in connection with User Submissions. SoANNoYING.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SoANNoYING.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SoANNoYING.com reserves the right to remove Content and User Submissions without prior notice.
You acknowledge and agree that SoANNoYING.com does not and shall not have any obligation to review User Submissions, and therefore does not guarantee the accuracy, integrity or quality of User Submissions and cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website. However, you acknowledge and agree that SoANNoYING.com has the right to monitor and to alter, edit, refuse to post or remove any User Submission that you post to the Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that SoANNoYING.com does not have any obligation to use or respond to any User Submission.
You acknowledge and agree that SoANNoYING.com may disclose your identity and/or confidential information, including but not limited to, address, telephone number, e-mail address, User Submissions, and Website usage habits and history, in compliance with a court order, subpoena, and/or in cooperation with law enforcement authorities. You also understand and agree that SoANNoYING.com reserves the right, in our sole discretion, to report to law enforcement authorities any suspected illegal activities conducted using the Website, Content, and/or through the submission or posting of User Submissions.
7. Account Termination Policy.
SoANNoYING.com will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
SoANNoYING.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SoANNoYING.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act.
(a) If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
i. A physical or electronic signature of an owner or 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;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail (e-mail) address;
v. A statement that you have 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; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SoANNoYING.com actual knowledge of facts or circumstances from which infringing material or acts are evident.
(b) SoANNoYING.com's designated Copyright Agent to receive notifications of claimed infringement is:
Name: Att: Copyright Agent
Address: 734 Franklin Avenue, Garden City, NY 11530
Email: Copyright@SoANNoYING.com
(c) Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, SoANNoYING.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner 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 10 to 14 business days or more after receipt of the counter-notice, at SoANNoYING.com's sole discretion.
(d) SoANNoYING.com suggests that you consult your legal advisor before filing a notice with SoANNoYING.com’s Copyright Agent. Please note that there can be penalties for false claims under the DMCA.
9. Warranty Disclaimer.
SOANNOYING.COM IS PROVIDED "AS IS" AND YOU AGREE THAT YOUR USE OF THE SOANNOYING.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOANNOYING.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SOANNOYING.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE.SOANNOYING.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOANNOYING.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOANNOYING.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability.
IN NO EVENT SHALL SOANNOYING.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOANNOYING.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SOANNOYING.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOANNOYING.COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING IN CONNECTION WITH USE OF THE WEBSITE IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
The Website is controlled and offered by SoANNoYING.com from its facilities in the United States of America. SoANNoYING.com makes no representations that the SoANNoYING.com Website is appropriate or available for use in other locations. Those who access or use the SoANNoYING.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity.
You agree to defend, indemnify and hold harmless SoANNoYING.com, its officers, directors, employees, agents, successor, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SoANNoYING.com Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SoANNoYING.com Website.
12. Ability to Accept Terms of Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the SoANNoYING.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the SoANNoYING.com Website.
13. Assignment.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SoANNoYING.com without restriction.
14. General.
You agree that: (i) the SoANNoYING.com Website shall be deemed solely based in New York; and (ii) the SoANNoYING.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over SoANNoYING.com, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and SoANNoYING.com that arises in whole or in part from your use of the SoANNoYING.com Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York.
These Terms of Service, together with the Privacy Notice at http://www.SoANNoYING.com/t/privacy and any other legal notices published by SoANNoYING.com on the Website, shall constitute the entire agreement between you and SoANNoYING.com concerning the SoANNoYING.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SoANNoYING.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Your use of the SoANNoYING.com Website is subject to the additional disclaimers and caveats that may appear throughout the Website.
SoANNoYING.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the SoANNoYING.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
You further agree that any action brought by you with respect to anything related to the SoANNoYING.com platform, including without limitation any transaction conducted on or through the platform, must be brought, if at all, within one (1) year from the accrual of such cause of action. Otherwise, you waive such cause of action, which shall be deemed to be permanently barred.
SoANNoYING Guidelines
This is really common-sense stuff. Keep in mind that rejected postings are not necessarily because they are in violation of the guidelines, but may be due to the presence of the same or similar annoyance already Posted. In any case, there are a few rules that will help you make your posting as publishable as possible.
If your post was removed it is most likely because:
It was one or two words like “enough said,” with a picture of Sara Palin or “School sucks,” or “my boyfriend is annoying.”
It contained nonstop hard cursing and no other useable text.
It wasn’t annoying, witty or different. It has to be a real annoyance and described in a funny/relatable way.
Look at the live posts for examples of acceptable posts.
1. No Names:
Don’t use proper names like“Joe Snidegrass.”If Joe is your friend then just write,“my friend.” It is not important to the Mainstream what his actual name is.
If you are talking about your teacher,“Mrs. Snoozefest,” just write,“my teacher.”“My Uncle Frank” becomes “my Uncle” and so on…
2. No hard Cursing
This means most pejoratives that begin with, “f.” Replace them with more descriptive words. For example:“my f***ing sister is always bringing her little brat friends over, and when they shower their long hair is all over the bathroom floor…and I step in it. (picture of your foot with long hairs in it). Instead write,“my younger brat sister…”
3. Don’t be mean just for the sake of it
Don’t put a picture up of your boyfriend and write, “ANNOYING.” This is not relatable unless the picture of your boyfriend is of him chewing with his mouth open. In this case, describe why he is annoying and that you have explained to him a zillion times that he is repulsive.
You can’t put a picture up and say,“This person gave me a certain sexually transmitted disease.”This is not a relatable annoyance; it’s just mean. It is also illegal to publicly divulge a person’s health status.
4. It must be actually Annoying
The words, “so annoying,” are used together millions of times a day. Sometimes it is over a private or indescribable matter that nobody else would understand or care about. Well they probably don’t, so use your discretion. Oppositely, something like: “Congress works so slowly. What takes these people so long to get anything done,” (picture of Nancy Pelosi), is a fact of life for all of us. It is more than annoying and there are thousands of articles, books and reporters that cover this in full. It is really not something in-step with the spirit of this site.
If you have midterms and must study all night, of course that is annoying; everybody hates it. However, it is probably not edgy enough to Post. If you have a picture of a four-foot-high stack of papers, then that is particularly unusual, and more likely to get posted.
Try not to use the word “annoying” in your post. Describe things. Ask questions like this: “Why is this lady wearing a giant sun-hat on the airplane? She looks like an idiot. How much sun could be hitting her face from the small side window. She probably just wants us all to know she’s rich… and what’s worse is I can’t help staring at it. It’s distracting!” (picture of dumb lady with big red-brimmed round hat).
ANNoY-A-GRAM
Use the ANNoY-A-GRAM for entertainment reasons or to tell people things that you are nervous or uncomfortable to say in person. People in offices eat disgusting smelly lunches that make everyone miserable. Tell them. But don’t use it to tell your x-girlfriend that she is a tramp.
1) Your anonymity is based on proper use of the feature (see Terms and Conditions). You cannot threaten, harass or use it to extort. If you abuse it and a criminal/legal matter is raised then we will cooperate fully with Authorities if probed.
2) Don’t say,“I’m gonna kill you…” even if you mean it in the way most people use it—as a joke—as if what they have done deserves the maximum penalty. People get nervous when this is written and from an anonymous sender. Imagine if the Mailman delivered you a letter that said, “The curry you eat in the office reeks and it makes me want to Kill You.” You cannot threaten people with the ANNoY-A-GRAM.
Responses to the ANNoY-A-GRAM is written by the ANNoY-A-GRAM’s recipient and transmitted by SoANNoYING.com.
SoANNoYING.com doesn’t review or keep a record of ANNoY-A-GRAMS or replies for privacy reasons.
The recipient has the option to disallow future ANNoY-A-GRAMs coming from your e-mail address or disallow ANNoY-A-GRAMS altogether. By using other e-mail addresses after they have already requested that you not send them another ANNoY-A-GRAM can be considered harassment
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