Welcome to www.sethcomedy.com (the "Website")! By visiting and/or accessing this Website, you signify your agreement to (1) these terms and conditions (the "Terms & Conditions") and (2) the Website privacy policy, found at http://www.sethcomedy.com/privacy.php and incorporated herein by reference. If you do not agree with any of these Terms & Conditions, you are not authorized by Calvacade Productions, LLC ("we", "us", "our") to access and/or use any portion of the Website. These Terms & Conditions shall remain in full force and effect while you use or access the Website.
A. CHANGES TO Terms & Conditions: Although we may attempt to notify you when material changes are made to these Terms & Conditions, it is your responsibility to periodically review the most up-to-date version http://www.sethcomedy.com/terms.php. We may, in our sole discretion, modify or revise these Terms & Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any rights or benefits on you or any third party. In order to participate in certain Website services or promotions that may be offered by us from time to time, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms & Conditions.
B. AUTHORIZED USE OF THE WEBSITE: By accessing and using the Website, you represent and warrant that you are 13 years of age or older; and your use of the Website does not violate any applicable law or regulation. This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 13. Additionally, if you are 13 years old or younger, you are not authorized to register or submit any information to this Website without the explicit consent of your parent or legal guardian. If you live in a state where consent of a parent or guardian is required if you are under the age of 18, you may be required by us to secure such consent prior to your registration with the Website. This Website is not intended for commercial use. This Website and all Material (defined below in Paragraph E) contained herein is provided for your personal, non-commercial use. Any other use of the Website requires our prior written consent.
C. UNAUTHORIZED USE OF THE WEBSITE: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute any Material made available on the Website. You may not take any action to interfere with the Website or any other user's use of the Website, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" the Website. Further, you may not use any such automated means to manipulate the Website or attempt to exceed the limited authorization and access granted to you under these Terms & Conditions. You may not download, use, copy, license, or otherwise exploit any Material in any manner or for any purpose without our prior written consent. You may not resell use of, or access to, the Website to any third party. Any unauthorized use or violation of these Terms & Conditions immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another's privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright. Appropriate legal action will be taken for any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to:
D. PRIVACY: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy located at http://www.sethcomedy.com/privacy.php.
E. OWNERSHIP OF INTELLECTUAL PROPERTY: All Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") provided to you are the property of Calvacade Productions, LLC and/or our subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. We hereby grant you a limited personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material and/or software that you may download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without our express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
F. DISCLAIMER AND LIMITATION OF LIABILITY/INDEMNITY: YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF MATERIALS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to the information and Material contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CALVACADE PRODUCTIONS, LLC, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall our liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website. You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from, or related to, (i) any breach by you of any of these Terms & Conditions, (ii) the content of any information submitted by you (iii) your use of Materials or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.
G. THIRD PARTY HYPERLINKS: The appearance on the Website of external hyperlinks to third party sites, in any form, does not constitute endorsement, by us or any of our subsidiaries and affiliates, of the opinions or views expressed by any such third party websites and we do not endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at such sites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you or any third party in any way for any content, errors or omissions, or for the results obtained from the use of any information contained in these sites.
H. GOVERNING LAW: The laws of the State of California shall govern these Terms & Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE Terms & Conditions OR YOUR ACCESS OR USE OF THE SERVICE.
I. SEVERABILITY: If any part of these Terms & Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms & Conditions.
J. WAIVER; REMEDIES: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms & Conditions, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms & Conditions. Our rights and remedies under these Terms & Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
K. MISCELLANEOUS: These Terms & Conditions and your account on the Website are personal to you and may not be transferred or assigned. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms & Conditions, including without limitation this Paragraph K. Our performance under these Terms & Conditions is subject to existing laws and legal process, and nothing contained in these Terms & Conditions is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
L. CONTACT US: Please contact us at legal@sethcomedy.com with any questions regarding these Terms & Conditions.
M. SOFTWARE: Software made available to you by the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
N. NOTICE: We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
These Terms & Conditions are effective and were last updated on August 25, 2008