These Terms and Conditions are accepted by Yourself or Business as a REGISTERED USER on the ComedyE.com platform. These, together with your Online User Registration as well Your activities(s) constitute a binding agreement between Yourself (the USER ) and ComedyE.com. This Agreement may not be assigned or transferred by any REGISTERED USER of ComedyE.com.
If You are accepting these User Terms & Conditions on behalf of someone else or an entity, You confirm that you have the legal authority to bind that person, business or entity to these Terms.
· AGE & REQUIREMENTS.
Age Requirements & Responsibilities of Guardian.
USERS of ComedyE must be a minimum of 18 Years of Age. Anyone under 18 years of age is prohibited from using this site. You represent that You are at least 18years old. If not, your parent or legal guardian must consent to these Terms and affirm that they accept these Terms on your behalf. By registering for this site you agree to these User Terms & Conditions.
· USER REGISTRATION
When you Register on ComedyE.com, you will be asked to provide certain information about yourself, your business or business/person you represent. This information must be fully completed or you will be denied access to the site. You agree to provide us accurate information when you create your account on ComedyE.com. We will treat information you provide as part of your Registration. You should take care in maintaining the confidentiality of your password at all times.
· YOUR CONTENT.
As a Registered User of ComedyE.com you are enabled to add: Posts, Text, Photos, Videos, Links, Advertisements, Sell Tickets and Share Information with other Users of ComedyE.com. All materials that you upload, publish, display, share publicly on this site or transmit to others via ComedyE will be referred to collectively as “Your Content.”
You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted below. Added Post and Listings published by you on ComedyE.com are subject to being marked as Featured, Premium or User Listings & Posts on our website. They will be shared publicly without assumption of affiliation and free of association and compensation to you or your organization. You acknowledge and agree that, as part of using ComedyE.com, Your Content may be viewed by the general public.
License and Permission to Use Your Content.
By submitting, posting, displaying, or transmitting Your Content on or through the ComedyE.com Platform, you grant ComedyE and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid, license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the ComedyE Platform or, subject to our Privacy Policy, the promotion, advertising or marketing of the ComedyE Platform or our business partners, in any and all media or distribution methods (now known or later developed), including via means of automated distribution and automated programs.
You agree that, subject to and consistent with our Privacy Policy, this license includes the right for ComedyE to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with ComedyE for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the ComedyE Platform or through other media or distribution methods. This license also includes the right for other users of the ComedyE Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to these Terms of Service and our Privacy Policy.
Once you Post on ComedyE.com, you may edit or delete it at any time from public display. The Publisher may not be able to control removal of your Comments/Posts/Shared Information from display on syndicated, third party channels or other previously distributed methods outside of https://www.ComedyE.com. ComedyE may remove suspected spam from Your Posts. Once you Post on ComedyE.com, it may be edited or deleted by the Editors or Publisher of ComedyE at any time. Any edits and changes made by you may be visible to other users. The right for ComedyE to copy, display, transmit, publish, perform, reformat, distribute, store, modify, and otherwise use any Posts/Shares and to sub-license those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in these Terms.
You acknowledge and agree that ComedyE may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of ComedyE, its Users, or the General Public.
ComedyE.com may remove or refuse to publish Your Content, in whole or part, at any time. You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third parties of any of Your Content outside of the ComedyE Platform or in violation of our Terms of Service should ComedyE or our affiliates deem it necessary to do so.
Your Responsibilities for Your Content.
By posting Your Content on the ComedyE Platform, you represent and warrant to us that:
(1) you have the ownership rights, or you have obtained all necessary licenses or permissions to use Your Content and grant us the rights to use Your Content as provided for under these Terms, and
(2) that posting Your Content violates no intellectual property or personal right of others or any other applicable law or regulation, including any laws or regulations requiring disclosure that you have been compensated for Your Content. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate any of ComedyE.com Policies, Trademarks or any other applicable laws or regulations. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Posted Content and You shall bear all burdens related to any legalities that shall arise from Your Posts and Content on ComedyE Platform and will hold ComedyE.com and it’s parent company, Comedy Entertainment LLC harmless from such.
(3) You agree and grant access rights to the Publisher & Editors of ComedyE.com to edit, change, modify or amend your Submitted and Posted Editorial Content on our ComedyE.com platform without cause for legal actions against ComedyE.com and its affiliates.
· OUR CONTENT.
Our Content and Materials. All intellectual property in or related to ComedyE and the ComedyE Platform (specifically including, but not limited to: our software, the ComedyE marks, the ComedyE.com and “CE” logo, ComedyE.com Map & Directory) excluding Your Content, is the property of ComedyE, Inc., or its subsidiaries and affiliates.
Data. All data ComedyE collects (“Usage Data”) about use of the ComedyE Platform by you or others is the property of ComedyE, Inc., its subsidiaries, and affiliates. For clarity, Usage Data does not include Your Content and is separate from Our Content and Materials. Please refer to our Privacy Policy for information about how we process your personal information.
· OUR LICENSE TO YOU.
We grant you a personal, limited, non-exclusive license to use and access Our Content and Materials and Usage Data as made available to you on the ComedyE Platform in connection with your use of the ComedyE Platform, subject to the terms and conditions of this agreement.
ComedyE gives you a worldwide, royalty-free, revocable, personal, non-assignable and non-exclusive license to re-post a small portion of any answer, comment or post shared by ComedyE users anywhere on the web, subject to these Terms and provided that:
the content in question was added to the ComedyE Platform after January 1, 2024;
- the user who created the content has not explicitly marked the content as not for reproduction on the ComedyE Platform;
- you do not modify the content;
- you attribute ComedyE.com by name in readable text and with a human and/or machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on https://ComedyE.com on every page that contains such content;
- upon request, either by ComedyE or a user, you remove the user’s name from content which the user has subsequently made anonymous;
- upon request, either by ComedyE or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the ComedyE Platform.
- upon request, either by ComedyE or by a user who contributed to the content, you make a reasonable attempt to delete content that has been deleted or marked as not for reproduction on the ComedyE Platform;
- you do not use any automated tools to aggregate or create derivative works.
- you do not use any of ComedyE.com Content or Materials to train or develop any AI, large language models or machine learning algorithms. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by ComedyE, or any ComedyE user, without separate, express prior written permission from us.
We may terminate our license to you at any time for any reason. We have the ‘right to publish’ but maintain and hold ‘no obligation to publish’ or distribute any content on the ComedyE Platform that we deem unsuitable for our readers. We reserve the right to remove or alter content for any reason at our sole discretion.
· RESTRICTED USES.
You represent and warrant that you will not:
- access, search or collect data from the ComedyE.com Platform including but not limited to automated or other means, including artificial intelligence, machine learning or any future method that may become available.
- create derivative works of ComedyE.com or of Our Content, Materials or Information.
- train or develop any AI, large language models or machine learning algorithms based upon or similar to the ComedyE.com: website, platform, maps, materials or information.
- create or attempt to create any service competitive to the ComedyE.com or our Certain Offerings and any derivative product of ComedyE.com.
- Use ComedyE in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the ComedyE platform.
- Reverse assemble, reverse compile, de-compile any part of the ComedyE platform.
- Upload, transmit, or distribute to or through the ComedyE.com any viruses, worms, malicious code, or other software intended to interfere with the ComedyE platform, including its security-related features.
- Gain access to (or attempt to gain access to) another User’s Account or any non-public portions of the ComedyE platform, including the computer systems or networks connected to or used together with the ComedyE platform.
· SEARCH ENGINES:
If you operate a search engine, subject to the Restricted Uses section above, we conditionally grant permission to crawl the ComedyE Platform for the purpose of indexing ComedyE on your search platform. This granted permission is subject to the following rules:
- You must use a descriptive USER Agent Header.
- You must follow robots.txt at all times.
- Your access must not adversely affect any aspect of the ComedyE.com Platform functions.
- You must make it clear how to contact you, either in your user agent string, or on your website.
· No Endorsement or Verification.
Please note that the ComedyE Platform contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on the ComedyE Platform does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the ComedyE Platform by anyone.
· OWNERSHIP
You acknowledge and agree that Our Content and Materials remain the property of ComedyE.com and or the Users of ComedyE.com. The content, information and services made available on the ComedyE Platform are protected by U.S. and International Copyright & Trademark Laws and You acknowledge that these rights are valid and enforceable.
· PRIVACY POLICY
Our privacy practices are set forth and published in our Privacy Policy. By using ComedyE, you accept our Privacy Policy, regardless of whether you are a Registered registered user or not.
· OFFERINGS on the ComedyE Platform.
Compliance with ComedyE Policies.
By using ComedyE.com, USERS agree to follow all ComedyE policies at all times. If you see something on ComedyE that you believe violates any of our policies you agree to report it to [email protected]. If you believe that any conduct on ComedyE violates US Copyright, Trademark or other generally accepted ethical standard, you may report the violation to the same link as well.
· TALENT REGISTRY & BOOKINGS.
In creating and uploading your images video & text to our website’s Listings Directory and selecting “Yes” to ‘Accepts Bookings’ in your Talent Listing Registration, you agree to allow ComedyE.com to advertise, sell, and book your talents on the platform. You further acknowledge that bookings or engagements handled through the ComedyE.com, our affiliates or partners will earn the Publisher 20% (Twenty Percent) Commission to be deducted from income generated from said bookings or engagements.
ADVERTISING & DIRECTORY LISTINGS.
The Advertiser shall purchase the online Advertising or Directory Listings Package at the rate listed, and for the duration specified, in the insertion request as applied for by Advertiser online via our online portal at ComedyE.com/Advertising and submit required files for Image, Text, Video & HTML Advertising files in the required specification sizes to the Publisher. Upon completion of such form, Advertiser is bound to this agreement.
- In consideration for ComedyE granting you access to use ComedyE.com for this purpose, you agree that ComedyE.com and its third-party providers and partners may serve and display your Advertisements on the ComedyE Platform.
- Rejection of Advertisements.
Notwithstanding anything in this Agreement, ComedyE.com reserves the right to reject or cancel any advertisement at any time, for any reason (including but not limited to: ComedyE’s belief that the advertisement conflicts with ComedyE Company Policies, associations, objectives, competes with ComedyE products or services, is false, misleading, may degrade the graphic quality of the ComedyE.com website, or may subject the ComedyE.com our Companies or Affiliates to criminal, civil, health & life liabilities).
All Paid Advertisements will only appear on ComedyE.com upon Admin. approval. It is at the discretion of site’s Admin. to reject, modify or alter Advertiser’s Ad Content or placement on the site without liability to Publisher. Should Advertiser disagree with such modifications or altering of such advertisement, Publisher shall retain the right to further modify such to suit Advertiser’s need(s) or refund to Advertiser a prorated portion of the unused, but previously paid Ad Rate. - Positioning.
Except as otherwise expressly provided, positioning of advertisements is at the sole discretion of the Publisher. Advertiser acknowledges that Publisher has not made any guarantees with respect to usage, statistics, or levels of impressions for any advertisement. To the extent Publisher provides the Advertiser with estimated advertisement placement, usage, statistics, or levels of impressions, Publisher does so only as a courtesy to Advertiser and shall not be held liable for any claims.
· PAYMENTS.
Advertiser shall provide payment for the advertisement at the time the order is submitted and prior to advertisement being displayed on the ComedyE.com Platform. Any subsequent payment(s) shall be made within 30 days of the billing date or as otherwise agreed upon on invoicing. Publisher reserves the right to request full or partial payment before publishing any advertisement and to cease publishing any advertisement when payment for previous advertising is more than 15 days overdue. In the event any account becomes past due, in addition to such other remedies as it may have, the full amount of the account shall immediately become due and payable by Advertiser. Advertiser is responsible for all expenses incurred in connection with the collection of past due amounts payable, including attorneys fees and costs.
· RENEWALS.
Publisher is allowed to accept Recurring Payments on Advertising & Listings Payments if “Yes” has been selected and agreed to by Advertiser on initial Ad Order insertion.
· CANCELLATIONS.
Advertisements scheduled for insertion may be cancelled by the Advertiser if ComedyE.com is notified in writing, at least 48 hours prior to the beginning of such Advertising insertion date. When an Advertiser cancels all or part of an advertisement insertion, the Advertiser is responsible for payment of the pro-rated differential resulting from such cancellation.
· INDEMNIFICATION.
Advertiser assumes all liability for content of Advertisement and agrees to defend, hold harmless, and indemnify ComedyE.com from all claims, losses, judgments, damages, costs and expenses whatsoever, including but not limited to attorney fees, court costs and any other items for which, ComedyE.com may become liable by reason of its publication of the Advertiser’s Postings, Updates To Postings or other such Advertisements or Content shared on ComedyE.com.
· LIMITATIONS OF LIABILITY.
Liability for typographical errors, wrong insertions, late publications, and/or non-publication, or other Association nonperformance is limited to the amount charged to the Advertiser by the ComedyE.com. In no event shall ComedyE.com be liable to Advertiser or to any third party for any indirect, special, or consequential damages, including but not limited to lost profits or unrealized business opportunity arising out of this agreement or the publications failure to publish any advertisement.
· FORCE MAJEURE.
Neither party shall be held responsible for delay or failure in performance under this Agreement caused by acts of God, fires, floods, strikes, terrorism, work stoppages, breakdown of equipment, government action, global health crisis, internet or website downtime, or other causes beyond the affected parties’ reasonable control.
· SETTINGS.
We offer online tools to help you manage your privacy, messaging, advertising, posts, shares and other content options for your account. You can review and adjust your account settings by logging-in and visiting the “My Profile” section of your account.
· UPGRADES.
ComedyE.com is always trying to improve your experience on the ComedyE Platform. We may add, remove update or change features without notice to you.
· GOVERNING LAW.
This Agreement is governed by the laws of the State of New York without regard to its conflict of laws rules or principles.
· TERMINATION.
ComedyE.com shall be entitled to terminate this Agreement with or without cause upon immediate written notice to Advertiser. In the event of termination under this paragraph, ComedyE.com shall make all efforts to refund or credit Advertiser for the unused pro-rata portion of the Rate previously paid, if any, by Advertiser provided no other outstanding invoices or payments are due.
· FEEDBACK
We welcome your feedback and suggestions about how to improve the ComedyE.com. Feel free to submit feedback at ComedyE.com/contact. By submitting feedback, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.