Terms + Conditions
The Service
By subscribing to our SMS service (the “Service”), you agree to be bound by the following terms:
Website Owner’s Name:
Guber (“Guber”), a mark owned and operated by ENCSquared, LLC (“ENCSquared”), a New York-based Limited Liability Corporation, the provider of the Service described herein.
Agreement to Receive Text Messages:
By providing your mobile number to the Service, you opt-in and consent to receive SMS messages from Guber containing a daily joke, periodic surveys, and other information related to our service. Guber does not send unsolicited text messages.
Message Frequency and Timing:
Free Service: You will receive one joke every Monday morning (after 8am local time).
Paid Subscription Service: You will receive one joke each weekday morning (after 8am local time), except on national holidays.
Opting Out:
You have the freedom to opt out at any time. Simply text the word STOP to 1-833-455-2972. Upon opting out, you may receive a confirmation message to verify your request.
Assistance and Support:
For assistance, please contact us using the contact form provided at www.guberjokes.com.
Message and Data Rates:
Message and data rates may apply from your carrier; please check with your mobile carrier for details.
Participating Carriers and Geography:
The Service is available through various U.S. carriers, including but not limited to AT&T, T-Mobile®, Verizon Wireless, Sprint, and others.
Participation Requirements:
To participate in the Service, you must be eighteen (18) years of age or older, have a wireless device capable of two-way messaging, and be a subscriber to text messaging services with a participating carrier.
Original Content:
All content provided by Guber are original works, created by our team or acquired from third-party content creators. We take care to assure as best we can that all content shared through our Service is unique and not sourced from outside parties without their acknowledgment or permission.
Changes and Termination:
We reserve the right to modify or terminate the Service at any time, with or without cause and/or advance notice.
Data Collection and Usage:
By using the Service, you consent to the collection of data such as your cell phone number, carrier’s name, and message content. This information may be used to improve the Service and provide personalized experiences. We may also use third-party services, such as Stripe for payment processing, which may result in cookies being written to your device. This does not constitute sharing your personal information with these third parties, except to the extent required for processing payments. With the exception of the messaging platform licensed by Guber for the sole purpose of operating the Service, Guber does not share, sell, or otherwise make your data available to any outside party, for any reason whatsoever.
Analytics and Cookies:
We may use third-party services, such as Google Analytics, for basic web statistics and analytics purposes. Additionally, our integration with third-party services, such as Stripe for payment processing, may result in cookies being written to your device. This does not constitute sharing your personal information with these third parties, except to the extent required for processing payments. If we collect such information, our website will provide notice of cookie collection in accordance with lawful standards and best practices.
Indemnification:
By opting into the Service, you agree to indemnify Guber for any claims, losses, or liabilities arising from your use of our service, including any failure to notify us of changes to your mobile number.
Disclaimer of Liability:
Guber is not liable for any damages or losses incurred due to the use of the Service, including but not limited to message delivery failures, delays, or inaccuracies.
User Conduct:
Users are prohibited from engaging in abusive, offensive, or illegal behavior while using the Service. Violation of this provision may result in termination of your use of the Service.
Intellectual Property Rights:
All content transmitted through the Service is the property of Guber. When sharing that content, recipients are asked to include attribution to Guber.
Governing Law and Jurisdiction:
These terms shall be governed by and construed in accordance with the laws of the State of New York, and any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of New York State.
Copyright and Trademark Notice:
All content, including but not limited to jokes, surveys, and other materials transmitted through the Service, is protected by copyright and trademark laws. Unauthorized use or reproduction of such content is prohibited. When and if sharing content, please include attribution to Guber.
External Links Statement:
Guber may include links to external websites for additional information or resources. However, Guber does not endorse or assume responsibility for the content of these external sites.
Intellectual Property Policy:
All intellectual property rights related to the Service, including but not limited to trademarks, logos, and text message content are owned by Guber. Users may not use, reproduce, or modify any intellectual property belonging to Guber without prior authorization.
Statement of Right to Refuse Service:
Guber reserves the right to refuse the Service to any user for any reason, including but not limited to violation of the terms and conditions or misuse.
Miscellaneous:
By opting into the Service, you affirm that you have the necessary rights and authority to agree to these terms. If any provision of this agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect. We reserve the right to update these terms, and your continued use of the service constitutes acceptance of any modifications.
Subscription Service and Payments:
Paid subscriptions are processed via the Stripe payment platform. By subscribing to the paid service, you agree to a one-year subscription term. No refunds will be provided if you choose to opt out of receiving text messages before the end of the subscription term.
If you have any questions or concerns regarding these terms and conditions, please use the contact form at www.guberjokes.com.