Terms of Use - Comedy Calendar

INTRODUCTION. Please, read this Web page carefully. It contains the Terms of Use governing Your access to and use of www.COMEDYCALENDAR.com (hereinafter the “Website” or “Site”) and to any associated websites, mobile applications, content, products and services owned, operated or provided by BRICKWALL SESSIONS COMEDY PRODUCTIONS LLC, a Florida Limited Liability Company; and to any correspondence by e-mail between Us and You. Please, read these terms carefully before using this Website. Using this Website indicates that You accept these terms. If You do not accept these terms, do not use this Website. These Terms of Use are legally enforceable and binding agreement between You and BRICKWALL SESSIONS COMEDY PRODUCTIONS LLC, and shall be referred to as “Agreement”’ or “Terms of Use.”

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms & Conditions for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms of Use in the event of a conflict with respect to the applicable Services.

We shall reserve the right to amend these Terms of Use related to the Services from time to time. Amendments will be effective upon Our posting of such updated Terms of Use or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.

While some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

1. SERVICES. BRICKWALL SESSIONS COMEDY PRODUCTIONS LLC’s platform COMEDY CALENDAR provides a marketplace where persons who seek comedy event services (“Fans”) can be matched with professionals and companies who offer those services (“Comedians”). Fans and Comedians are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the COMEDY CALENDAR platform. For purposes of this Agreement, the comedy services provided by Comedians that are accessed through the Platform by Fans shall be referred to collectively as the “Services”.

Fans. The Services allow registered users that are fans and/or consumers of comedy to access certain features, functionality, information and services provided by us and/or our affiliates, which may include the ability to access personalized information and content regarding certain artists, such as notifications and recommendations regarding live events, performances, events, tickets, audio-visual content and other related products and services.

Comedians. The Services allow registered users that comedians (and/or their representatives) and booking agents (collectively, “Comedians”) to access certain features, functionality, information and services provided by us and/or our affiliates, which may include (a) the ability to promote, market, display, message and make certain information and content available to Fans regarding live events, performances, events, tickets, audio-visual content and other related products and services, and (b) analysis, statistics, reports and other information regarding a Comedian’s Fan base, social media interaction and marketing, including the number and location of their “trackers”, number and location of people who have RSVP’d to an event, source and volume of ticket clicks and other similar Fan-related information .

Third Party Platforms. Some of the Services may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g., Facebook, Twitter, etc.) (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access such Services. Such Third Party Platforms may provide us with certain additional information about you, which may include your email address, legal name, country of residence, location, date of birth, music/artist/band and other preferences and usage data, all as more fully described herein and subject to the terms and conditions hereof, including the Privacy Policy.

By becoming a User, You agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from COMEDY CALENDAR, and its affiliated companies and/or Stylists, may include but are not limited to: operational communications concerning Your User account or use of the COMEDY CALENDAR platform or Services, updates concerning new and existing features on the COMEDY CALENDAR platform, communications concerning promotions run by us or our third- party partners, and news concerning COMEDY CALENDAR and industry developments. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send.

2. Ownership of Content and Grant of Conditional License. The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

• Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
• Link to any portion of the Site other than the URL assigned to the home page of our site;
• "Frame" or "mirror" any part of the Site;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
• Remove any copyright, trademark or other proprietary rights notices contained on the Site;
• Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may 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. We may revoke this exception at any time and require removal of archived materials gathered in the past;
• Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes (including Ticketmaster ticket cash™ and tm ticket cash™), promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
• Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
• Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
• Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals;
• Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
• Reproduce or scan tickets in a format or medium different from that provided by the Site;
• Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
• Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at info@comedycalendar.com.

3. REPORTING INTELLECTUAL PROPERTY INFRINGEMENTS. Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark such as offering counterfeit items for sale. We reserve the right to remove content where We have grounds for suspecting the violation of these Terms of Use, Our policies or of any party's rights. If You have a good faith belief that a listing on the Website infringes Your copyright, trademark, or other intellectual property rights, then You must immediately Contact Us through the “Contact Us” section located on the www.COMEDYCALENDAR.com site and in writing with all supporting documents and details regarding such infringement. No request or complaint regarding any infringement of intellectual property shall be considered unless proper documentation evidencing ownership of intellectual property are provided. You must a) clearly identify the material on the Website that You claim is infringing so that We may locate it on the Website; b) provide a statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury that (1) the above information in Your notice is accurate, and (2) that You are the owner of the intellectual property interest involved or that You are authorized to act on behalf of that owner; d) provide Your address, telephone number, and email address; and e) Your physical or electronic signature. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. This section shall survive the termination of this Agreement.

4. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
• 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 us to locate the material
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
• 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
• 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.

Written notification of claimed infringement must be submitted to the following Designated Agent: Manuel Garavito info@comedycalendar.com

For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to CC by sending an email to legal@cc.com. You acknowledge and agree that if you fail to comply with all of the requirements of this Section 14, your DMCA notice may not be valid.

It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

5. Making Purchases. Please review our Purchase Policy, which will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Site. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.

6. Parental Controls. We cannot prohibit minors from visiting our Site, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.

7. Access from Outside the United States. The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.

8. USE OF WEBSITE. You agree to not do any of the following:

• violate any laws or Company policies;
• be false or misleading;
• infringe any third-party right;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm the Company or the interests or property of the Company’s users;
• copy, modify, or distribute any of the Company’s content on this Site or any other person's content posted on the Site, unless expressly authorized to do so;
• use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without Our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their instruction;
• bypass measures used to prevent or restrict access to the Website.

9. USER'S CODE OF CONDUCT. You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that in Our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website for violating these provisions:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
• that is pornographic or depicts a human being engaged in actual sexual conduct in any way;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that impersonates any person or entity, including, but not limited to, a Company’s employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.);
• that includes personal or identifying information about another person without that person's explicit instruction;
• that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests;
• that includes links to commercial services or web sites, except as allowed in "services";
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state and local law;
• 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;
• that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; or
• that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website;
• contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
• "stalk" or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website - unless expressly permitted by Us;
• post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Our infrastructure;
• post the same item or service in more than one classified category or forum;
• attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website;
• use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;
• directly or indirectly or through the use of any device or other means, copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, sell, transmit, or retransmit the online services or content that belongs to or is posted by Us unless expressly permitted by COMEDY CALENDAR in writing.

10. INFORMATION COLLECTED. The information which COMEDY CALENDAR collects through the Website may include Personal Information (hereinafter the "Personal Information") which refers to information that helps it identify users or viewers of the Website (collectively, "Users" and each a "User" or “You” and shall refer to Subscriber or Registered User as defined in Website Terms and Conditions). The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website in the manner set forth below. COMEDY CALENDAR may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website; (iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other COMEDY CALENDAR information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the "Anonymous Information"). For example, COMEDY CALENDAR may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by COMEDY CALENDAR from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow COMEDY CALENDAR to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, COMEDY CALENDAR may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use COMEDY CALENDAR may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and services.

11. WEBSITE USE OF INFORMATION. Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant COMEDY CALENDAR , its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers, and employees the right to store, use, and distribute Your Personal Information. We gather and use information as follows: We will receive and store any information You enter on the website or give us in any other way that personally identifies You to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact You when needed. By submitting this personally identifiable information to Our Website You agree to receive email and postal mail from the Company and other third party marketers. You further understand and agree that by using these services, You are extending an express invitation for the Company, and other third marketers to contact You by telephone at the numbers You have provided and You hereby consent to any such calls even if Your phone number is on any federal state or other do not call lists. We believe in 100% permission based marketing, members always have the option to unsubscribe through the link at the bottom of the emails by clicking on the sample unsubscribe link at the bottom of the emails. Users also have the options of completely removing their information from Our database by submitting the request at www.COMEDYCALENDAR.com. Please, note that user information may be cached in search engine indexes after removal and that this Website and COMEDY CALENDAR have no control over such caching.

12. ACCOUNTS, PASSWORDS AND REGISTRATION TO THE WEBSITE. You agree that We are not responsible or liable for the personal protection and security of any password or username that You may use to access this Website. You are responsible for maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely responsible for any and all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to Your username or password. If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.

13. CONTENT FROM THE WEBSITE. As between You and COMEDY CALENDAR, You own any and all content that You submit to the Website. You grant COMEDY CALENDAR, and its affiliates a right to use, distribute, and send Your content to third-parties to perform the transaction(s) being requested.

14. ABUSING THE WEBSITE. Please send Us an email through the “Contact Us” section located on the www.COMEDYCALENDAR.com site to tell Us about any problems or offensive content so that together We can keep the Website working properly. We may limit or terminate Our service, remove hosted content and/or take technical and legal steps to keep Users off the Website if We think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website or not, We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.

15. LIMITATIONS ON WEBSITE SERVICES. You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which You may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

16. POSTING AGENTS. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website's resources, You may not use a Posting Agent to post any content on the Website without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Company.

17. NO SPAM POLICY. You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.

18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

19. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THIS WEBSITE AND ITS GUIDELINES AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMIT A TION, THE WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER COMEDY CALENDAR’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION, CONTENT, GUIDELINES, AND SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER COMEDY CALENDAR’S, OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

20. ENDORSEMENT WAIVER. Reference to any specific third party platform, products or services by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, or recommendation by COMEDY CALENDAR or its owners. COMEDY CALENDAR encourages You to exercise discretion when browsing the internet. Any link on the COMEDY CALENDAR Website is provided solely for Your information and as a convenience to You and COMEDY CALENDAR and its affiliates make no representation or warranty about the legality of any third party Website nor about its accuracy, content, products or services. Any such Website is independent from COMEDY CALENDAR, and COMEDY CALENDAR has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Website. A link between the COMEDY CALENDAR Website and another Website further does not mean that COMEDY CALENDAR endorses, recommends, sponsors or approves that Website. Linking to off-site pages is done at Your own risk, requiring You to make Your own independent decisions regarding Your interactions or communications with any other Website. COMEDY CALENDAR expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any such third party not under the COMEDY CALENDAR domain.

21. INDEMNITY. You agree to indemnify and hold COMEDY CALENDAR, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party claims due to or arising out of Our guidelines, services, or offerings, Your violation of these Terms of Use or Your infringement, or the infringement or use by any other user of Your account, of any intellectual property or other right of any person or entity. This section shall survive the termination of this Agreement.

22. TERMINATING OUR SERVICES. You may terminate or stop using Our services at any time. COMEDY CALENDAR may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at Our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website. Further, You agree not to attempt to use the Website after said termination.

23. DISPUTE RESOLUTION. This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of Florida. Any disputes relating in any way to Your use of the COMEDY CALENDAR Site and its content, guidelines, and services shall be submitted to confidential & binding arbitration in Miami, except to the extent that You have in any manner violated or threatened to violate COMEDY CALENDAR intellectual property rights. COMEDY CALENDAR may seek injunctive or other appropriate relief in any state or federal court in the state of Florida and You consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If We don't enforce any particular provision, We are not waiving Our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

24. FORCE MAJEURE. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part the obligations as set forth in this Agreement, then the Company and the Site shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Site liable to You.

25. RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

26. MESSAGES TRANSMITTED THROUGH ELECTRONIC MAIL. Notwithstanding any of the foregoing, if You voluntarily provide Your E-mail address for public distribution or for any other purpose to Us then You agree to receive unsolicited advertisement or promotional message from Us, Our its agents, or affiliates, or associated third parties. If You want to opt out then You must contact Us by submitting an e-mail through the “Contact Us” section located on the www.COMEDYCALENDAR.com site.

27. SECURITY PROCEDURES. COMEDY CALENDAR undertakes reasonable efforts to operate secure data networks, which are protected by industry standard firewall and password protection systems. COMEDY CALENDAR undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although COMEDY CALENDAR is ever diligent in its security pursuits, it cannot guarantee the success of its efforts.

28. CONTRIBUTIONS. Please send questions, comments or complaints (“Contributions”) to www.COMEDYCALENDAR.com by submitting an e-mail through the “Contact Us” section. By submitting ideas, suggestions, documents or proposals to COMEDY CALENDAR through its suggestions or feedback WebPages, You acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) COMEDY CALENDAR is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) COMEDY CALENDAR 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; (iv) COMEDY CALENDAR may have something similar to the Contributions already under consideration or in development; (v) You irrevocably non-exclusively license to COMEDY CALENDAR rights to exploit Your Contributions; and (vi) You are not entitled to any compensation or reimbursement of any kind from COMEDY CALENDAR under any circumstances.

29. ENTIRE AGREEMENT. You agree that These Terms of Use and the other policies posted on the Website constitute the entire, complete and exclusive agreement between The Company, the Site, and You, superseding any prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent with respect to the subject matter of this Agreement.