Stand-Up Comedians.com’s, Terms of Service
ACCEPTANCE OF TERMS
Stand-Up Comedians.com welcomes you. We provide the Services (defined below) to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. We will add any all changes here in this TOS if any and will do out best to make it obvious. By accessing and using the Stand-Up Comedians.com’s Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using our particular owned or operated services, you and Stand-Up Comedians.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Stand-Up Comedians.com may also offer other services that are governed by different Terms of Service. For instance, any type of agent representation or management that Stand-Up Comedians may or may not involve ourselves in, through our encounters.
Description of Stand-Up Comedians Services
Stand-Up Comedians.com may provide users with access to a rich collection of resources, including without limitation various communications tools, forums, search services, personalized content and programming through our network of properties, which may be accessed through any various medium or device now known or hereafter developed by Stand-Up Comedians.com. You also understand and agree that these services may include advertisements and that these advertisements are necessary for Stand-Up Comedians.com to continue to provide our services. You also understand and agree that the Stand-Up Comedians.com Services may include certain communications from us such as service announcements, administrative messages and the Stand-Up Comedians.com Newsletter and that these communications are considered part of Stand-Up Comedians.com membership and are not to be considered spam. They are merely educational tools to try to meet your needs. Unless explicitly stated otherwise, any new features that augment or enhance the current Stand-Up Comedians.com Services, including the release of new properties, shall be subject to the TOS. You understand and agree that the our services is provided “AS-IS”. Please be aware that Stand-Up Comedians.com has created certain areas on the Stand-Up Comedians.com website that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Stand-Up Comedians.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the our services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Stand-Up Comedians.com registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Stand-Up Comedians.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Stand-Up Comedians.com has the right to suspend or terminate your account and refuse all current or future use of our services (or any portion thereof). Stand-Up Comedians.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to our services must specify that you are creating a “Family Account.” When you create a “Family Account” and add your child’s name to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed at Stand-Up Comedians.com Family Account. By adding a child to your Family Account, you also give your child permission to access many areas of the Stand-Up Comedians.com Services, including, email, message boards and instant messaging (among others). Please remember that the Stand-Up Comedians Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of our service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
STAND-UP COMEDIANS.COM PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Stand-Up Comedians.com Privacy Policy. You understand that through your use of our services you consent to the collection and use (as set forth in the applicable privacy policy) of this information.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Stand-Up Comedians.com, are entirely responsible for all content that you upload post, email, transmit or otherwise make available via our services. You understand that by using the Stand-Up Comedian.com services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted or otherwise made available by our services.
You agree to not use the Stand-Up Comedians.com Services to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Harm minors in any way.
Impersonate any person or entity, including, but not limited to, a Stand-Up Comedian official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our service.
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, email, transmit or otherwise make available 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;
Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Interfere with or disrupt our services or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to the services.
Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
You acknowledge that Stand-Up Comedian may or may not pre-screen Content, but that Stand-Up Comedians.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Stand-Up Comedians.com Services. Without limiting the foregoing, Stand-Up Comedians.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to Stand-Up Comedians.com including without limitation information in our message boards and in all other parts of our services.
You acknowledge, consent and agree that Stand-Up Comedians.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Stand-Up Comedians.com, its users and the public.
You understand that the Stand-Up Comedians.com Services and software embodied within the Stand-Up Comedians.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Stand-Up Comedians.com and/or content providers who provide content to the Stand-Up Comedians.com Services. You may not attempt to override or circumvent any of the usage rules embedded into our services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Stand-Up Comedians.com Services, in whole or in part, is strictly prohibited.
CONTENT SUBMITTED OR MADE AVAILABLE FOR STAND-UP COMEDIANS.COM SERVICE
Stand-Up Comedians.com does not claim ownership of Content you submit or make available for inclusion in our services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of our services, you grant Stand-Up Comedians.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Stand-Up Comedians.com the license to use, modify, adapt, publicly perform and publicly display such Content on our services solely for the purposes of providing and promoting the specific service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the services and will terminate at the time you remove or Stand-Up Comedians.com removes such Content from our services.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of our services, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Stand-Up Comedians.com services are defined as those areas that are intended by us to be available to the public. By way of example, publicly accessible areas of our services would include message boards and portions of video clips that are open to both members and visitors.
CONTRIBUTIONS TO STAND-UP COMEDIANS.COM
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Stand-Up Comedians.com through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Stand-Up Comedians.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Stand-Up Comedians.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
INDEMNITY
You agree to indemnify and hold Stand-Up Comedians.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through our services, your use of the services, your connection to the services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF STAND-UP COMEDIANS.COM SERVICES
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Stand-Up Comedians.com Services (including Content and advertisements without prior written permission.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Stand-Up Comedians.com may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by our services. You acknowledge that Stand-Up Comedians.com reserves the right to log off accounts that are inactive for an extended period. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
Stand-Up Comedians.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that Stand-Up Comedians.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services (or any part thereof).
TERMINATION
You may terminate your account, any associated email address and access to the Stand-Up Comedians.com Services by submitting such termination request to us.
You agree that Stand-Up Comedians.com may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated email address, and access to our services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Stand-Up Comedians.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Stand-Up Comedians.com sole discretion and that we shall not be liable to you or any third party for any termination of your account.
Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within the our services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of our services.
DEALINGS WITH AGENTS
Your correspondence or business dealings with, or participation in promotions of, yourself while found on or through Stand-Up Comedians.com services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such agency. You agree that Stand-Up Comedians.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such agencies on the Stand-Up Comedians.com Services.
LINKS
The Stand-Up Comedians.com Services may provide, or third parties may provide, links to other sites or resources. You acknowledge and agree that Stand-Up Comedians.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
STAND-UP COMEDIANS.COM PROPRIETARY RIGHTS
You acknowledge and agree that the Stand-up Comedians.com Services and any necessary software used in connection with our services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Stand-Up Comedians.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Stand-Up Comedians Services, such Content or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STAND-UP COMEDIANS.COM OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE STAND-UP COMEDIANS.COM SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE STAND-UP COMEDIANS.COM SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
Stand-Up Comedians.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Stand-up Comedians.com Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Stand-Up Comedians.com Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Stand-Up Comedians.com Services in an authorized manner.
TRADEMARK INFORMATION
You agree that all of Stand-Up Comedians.com trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Stand-Up Comedians.com. Without our prior permission, you agree not to display or use in any manner the Stand-Up Comedians.com Marks.
GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Stand-Up Comedians.com and governs your use of our services, superseding any prior version of this TOS between you and Stand-Up Comedians.com with respect to the services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Stand-Up Comedians.com services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of Stand-Up Comedians.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Stand-Up Comedians.com account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Stand-Up Comedians.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of Law and Forum. You and Stand-Up Comedians.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Stand-Up Comedians.com shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Stand-Up Comedians.com agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.