Welcome to the official Laugh Factory web site located at www.laughfactory.com ("Site"), which is operated by Laugh Factory New Media, LLC ("LF," "we," or "us"), a subsidiary of Laugh Factory, Inc. By clicking "I Agree" or by using the Site after having been afforded an opportunity to review the following terms and conditions concerning your use of the Site ("Terms"), you are indicating that you agree to follow and be bound by the Terms.
These Terms were last revised on December 13, 2012.
1. Use of Site Content
(a) Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics, or other material contained on this Site or in commercially produced information presented to you through the Site by LF or LF's third party licensors ("Content") is protected by copyright, trademarks, service marks, patents, or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by LF. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and LF and its third party licensors retain all of its and their respective right, title, and interest to the Site and Content.
(b) Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of LF. Requests for such permission should be made to email@example.com.
2. You may without our permission:
(a) Stream, view, and print Content, but only if:
- the Content is used solely for personal, informational, or internal business purposes;
- the Content is not provided, sold, licensed, or leased (nor is access provided to the Content) for any fee or other consideration;
- all copyright, trademark, and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
- the Content is not modified or altered in any way; and
- no graphics are used separately from accompanying text.
(b) Link or hyper-link to the home page of the Site from any Qualified Site, but only if:
- you notify us by email at firstname.lastname@example.org specifying the URL of each page from which you will be linking to our home page;
- you do not frame the Site or any portion of the Site;
- you do not deep link into the Site (i.e., you do not link into any page other than the home page) without our permission;
- the link or hyper-link to the Site is not used in a way that suggests that LF endorses you or your web site;
- the link is identified using a plain text rendering of the Laugh Factory name and not any trademark or logo of LF or Laugh Factory;
- the link or hyper-link to the Site is not used or presented in any way that disparages LF or Laugh Factory or tarnishes, blurs, or dilutes the quality of its or their names or trademarks or any associated goodwill;
- the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
- you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
"Qualified Site" means a web site that displays no Objectionable content, is not owned or controlled by a competitor to LF and the content of which is not competitive to the Site.
"Objectionable" means as to any content, information in any medium or format, including without limitation text, data, graphics, audio, or video, that:
- is libelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized;
- a reasonable person would consider harassing, abusive, threatening, obscene, or excessively violent, or
- constitutes a breach of any person's privacy or publicity rights, hate speech, or an infringement of any third party's intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality, or moral rights; or
- violates or encourages other to violate any applicable law.
You may not under any circumstance:
- Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising, solicitations, and similar email solicitations are expressly prohibited);
- Delete, modify or attempt to change or alter any of the Content on the Site;
- Use any device, software, or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties' use of the Site;
- Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
- Use any "robot", "spider," or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
- Use any LF or Laugh Factory names or trademarks as metatags or hidden text.
4. Use of Interactive Components of Site
The Site may contain message boards, blogs, forums, social media integrations, chat rooms, and/or other interactive functions (collectively, "Site Forums"). The functionality of the Site may allow you to:
- provide content (including, without limitation, text or photographs, video, or other graphics), e-mail communications or other information that is to be posted on or through the Site (collectively, as provided by any user "Forum Information"); and
- view and respond to Forum Information provided by other users of the Site.
You acknowledge that
- LF does not necessarily pre-screen Forum Information;
- LF does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein; and
- LF shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material
If you believe that LF has acted mistakenly with respect to certain Forum Information or other content, you may contact us at email@example.com, in which case we may investigate the matter further. We reserve the right, however, to take no further action. You agree not to post any Forum Information that is Objectionable. In the event that you post or make accessible communications or other materials that we determine in our sole discretion are Objectionable, LF shall terminate your access to the Site. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. If you believe that Forum Information remains on the Site that infringes your copyrights, you must follow the procedure set forth in Section 16 below.
- you authorize LF to do so;
- you yourself disclose your identity or other personal information about yourself in a Site Forum or as part of Forum Information posted to an area of the Site accessible to other users; or
- if LF is required to do so by law or in the good faith belief that such action is necessary to:
- conform with applicable laws or comply with legal process served on LF;
- protect and defend the rights or property of LF or another user; or
- enforce these Terms.
Certain subscription, pay per view and other fee-based services ("Pay Services") offered through the Site may require the user to pay to LF fees for the Pay Services at the times and in the amounts specified on the Site. LF bills you through an online account (your "Billing Account") for Pay Services. You agree to pay LF all charges at the prices then in effect for any Pay Services ordered by you or other persons (including your agents) using your Billing Account, and you authorize LF to charge your payment method (your "Payment Method") for such Pay Services. You agree to make payment using your selected Payment Method. If LF does not receive payment from the provider of your Payment Method (the "Payment Method Provider"), you agree to pay all amounts due on your Billing Account upon demand. LF reserves the right to limit the selection of, and changes to, your Payment Method Provider.
You must provide current, complete, and accurate information for your Billing Account in order to receive the Pay Services ordered. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify LF if your payment method is canceled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your password.
IF YOU FAIL TO PROVIDE LF ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT LF MAY CONTINUE CHARGING YOU FOR ANY PAY SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR ACCOUNT FOR SUCH PAY SERVICE (CONFIRMED IN WRITING UPON REQUEST).
Prices for all Pay Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise, excluding taxes based upon LF's net income. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are charged to your Billing Account or Payment Method. LF expressly reserves the right, in its sole discretion, to change the pricing of all Pay Services, from time to time. If you and LF have agreed to a specific duration and price for your Pay Services, then any price change for that service will not apply to your continued use of Pay Services under that plan (provided that you do not change plans or otherwise interrupt your subscription) until the first day following the expiration of the specific term to which you and LF have agreed. For example, if you have signed up for a plan at a particular monthly price for 12 months, then any subsequent price increase for that plan will not apply to you until either your 12-month subscription expires or you choose to terminate your plan before the conclusion of the 12-month period, whichever is earlier.
If the amount to be charged to your Billing Account varies from the amount you have preauthorized, whether as a result of your selection of a new plan, or a change in pricing of your current plan, you have the right to receive, and LF will provide, notice of the amount to be charged and the date of the charge prior the scheduled date of the transaction. In the event the change in the amount to be charged is attributable to a change in the pricing of your existing plan and you do not agree to such change, then you must cancel your plan and stop using the Pay Services prior to the effective date of such change. Your continued use of the Pay Services after the effective date of such change constitutes your acceptance of and agreement to such change. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method.
LF MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, ANNUALLY IN ADVANCE) FOR YOUR PAY SERVICE, ON SUCH ANNUAL OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE LF REASONABLY COULD ACT.
Your continued use of the Pay Services on your Billing Account reaffirms that LF is authorized to charge your Payment Method. LF may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive LF's right to seek payment directly from you.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR PAY SERVICE IS SUSPENDED, CANCELLED, OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT PAY SERVICE TERM.
In the event of a charge back by your Payment Method Provider or other non-payment by you in connection with your payment of the applicable Pay Service or renewal fee, you acknowledge and agree that the Pay Service for which such fee has not been paid may be suspended, canceled, or terminated, in LF's sole discretion. LF will reinstate any such Pay Service solely at its discretion, and subject to our receipt of the applicable Pay Service or renewal fee.
Certain product, service, or company designations for companies other than LF may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where LF is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
7. Modifications To Terms
LF may change these Terms from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
8. Termination of Site/Modifications To Site
LF reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that LF will not be liable to you or any third party in the event that LF exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
9. Privacy; Passwords
- the information about yourself is true, accurate, current, and complete as required by various LF registration forms ("Registration Information"); and
- you will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete
10. Other Sites, Content, Products, and Services
- the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by LF, or vice versa;
- third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or
- any loss or damage of any sort you may incur from dealing with any third party.
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. LF MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT:
- THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
- THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE, OR APPLICABLE TO YOUR CIRCUMSTANCES;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
LF may provide you with access via the Site to live or taped performances of comedians and other performers and/or to Forum Information provided by other users of the Site. We do not control the content or subject matter of the performances or Forum Information that are made available through our Site. You may find the performances or Forum Information to be offensive, harmful, inaccurate, or deceptive. Any opinion, idea, or view expressed within the performances or Forum Information is the responsibility of the applicable author and LF does not endorse any such opinion, idea, or view. By using this Site, you agree to accept such risks and LF is not responsible for the content or subject matter of the performances or Forum Information.
12. Limitation of Liability
IN NO EVENT SHALL LF OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION, IN CONTRACT, OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SUCH PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless LF, its affiliates, shareholders, directors, officers, employees, contractors, and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, arising out of, or in any way connected with
- your use of or access to the Site or the Content or your linking to or emailing the Site,
- the violation of these Terms by you,
- the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity, or
- your submission of any material to LF or the Site or from any person's use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
In the event that you have a dispute with one or more users, you release LF (and our officers, directors, agents, contractors, affiliates, parents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Dispute Resolution
Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in New York City, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent
- to the non-exclusive jurisdiction of the State and Federal Courts located within New York City for any action
- to compel arbitration,
- to enforce the award of the arbitrators, or
- at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and
- to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
- 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 at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the complaining party;
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
8001 Sunset Blvd.
Hollywood, CA 90046
Attn: Laugh Factory Copyright Infringement
- that you have read and understood these Terms; and
- that these Terms have the same force and effect as a signed agreement.
18. Contact Information
If you have any questions regarding these Terms or the Site, please contact LF at firstname.lastname@example.org.