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This is the Comedywise.com
web site (the "Site").
Our postal address is : 100 Avenue of the Americas, 6th Fl.,
New York, NY 10013
We can be reached via e-mail at info@comedywise.com
The policies below are applicable to Comedywise.com and other
sites on the World Wide Web portion of the Internet owned
and operated by Comedywise.
Comedywise.com's Privacy Policy
Your privacy on the Internet is important to us. As part of
the operation of Comedywise.com and other Comedywise sites,
we gather certain types of information about Comedywise.com
users, and we would like to explain the types of information
we gather, what we do with it and how to correct or change
the information.
Information Collected By Comedywise.com
Comedywise.com collects two types of personally identifying
information from users: personal data (such as names and e-mail
addresses); and aggregated data (such as information about
traffic patterns on Comedywise.com, for example how many users
log into NationalLampoon.com on a daily basis).
Personal Data
Personal data is collected when users provide personal data
to Comedywise.com, for example in registering for electronic
newsletters or other membership services, in answering surveys,
purchasing items from Comedywise.com, and registering for
contests and other promotional opportunities provided by Comedywise.com.
Also, we collect the e-mail addresses of users who post messages
to our message boards and chat areas.
Aggregated Information
Aggregated information, such as which pages users access or
visit and information volunteered by users, such as survey
information and/or site registrations, is collected through
various methods. For example, Comedywise.com collects IP addresses.
An IP address is a number that is automatically assigned to
your computer whenever you're surfing the Web. Web servers,
the computers that "serve up" Web pages, automatically
identify your computer by its IP address, and when you request
a page from Comedywise.com, our servers log your IP address.
Comedywise.com does not link IP addresses to anything personally
identifiable, so although your session will be logged, you
will remain anonymous to us. Comedywise.com collects IP addresses
for the purposes of system administration and to provide aggregate
data to advertisers about the volume of use on Comedywise.com.
Use of Cookies
Comedywise.com also uses "cookies" to collect information.
A cookie is a small data file that most major Web sites write
to your hard drive for record keeping purposes when you visit
them. Cookies allow Comedywise.com to measure activity on
the Site and to improve your user experience, for example
by remembering your passwords and viewing preferences, thus
allowing you to visit various registered member-only parts
of the Site without re-registering. Cookies are used by NationalLampoon.com
to measure activity on the Site and make improvements and
updates based on which areas are popular and which are not.
Comedywise.com does not use cookies to retrieve information
from your computer that was not originally sent in a cookie.
Except for personal information voluntarily provided by you
(i.e., during membership registration or a contest), Comedywise.com
does not use information transferred through cookies for any
promotional or marketing purposes, nor is that information
shared with any third parties whatsoever.
You may occasionally get cookies from our advertisers, which
is standard in the Internet industry. Comedywise.com does
not control these cookies, and these cookies are not subject
to Comedywise.com's privacy policies.
Most browsers are initially set to accept cookies. If you'd
prefer, you can set yours to refuse cookies or to alert you
when cookies are being sent. However, it is possible that
some parts of the Site, such as the registered member-only
areas and shopping, contest and game areas, will not function
properly if you do so.
Use of Information Collected by Comedywise.com
Comedywise.com uses both the personal and aggregated information
we collect for multiple purposes. The information is used
to improve the content of the Site, to customize the content
and/or layout of the Site for each individual user and to
notify users about updates to the Site or promotional offers
or opportunities that we believe will be of interest to you.
Comedywise shares aggregated information with third parties
for both advertising and promotional purposes. Comedywise
may also share personal information with prescreened third
parties for marketing or promotional purposes. Comedywise
will try to provide users with an opportunity to decline this
service when such information is requested from you online.
COMEDYWISE may also share information with consultants and
affiliates for internal business purposes and may divulge
personal information if such information is subpoenaed, or
if COMEDYWISE believes that any user has committed unlawful
acts, to acts that endanger the health or safety of another
user or of the general public. In some situations, we will
share your personal information, on a confidential basis,
with third parties who perform a particular service on our
behalf, such as sending e-mails. Also, Comedywise.com may
be sold or transferred to another entity. Should such an event
occur, customer information will of course be one of the transferred
assets.
In addition, in the event COMEDYWISE plans to post any personal
information on the Site, Comedywise will either notify you
of this possibility when you provide the information and/or,
if possible, when the information is posted.
Occasionally, we may post the name of a user (for example
a contest winner) on one of our sites. Comedywise will notify
you of this possibility when you provide your information
or, if possible, will notify you when the information is posted.
COMEDYWISE may use third party advertising companies to serve
ads when you visit our sites. These companies may use information
(not including your name, address, email address or telephone
number) about your visits to our sites and to other Web sites
in order to provide advertisements on this site and other
sites about goods and services of interest to you. In addition,
COMEDYWISE may share Web site usage information about visitors
to our sites with such company for the purpose of managing
and targeting advertisements on our sites. For this purpose,
we and our third-party advertising company note some of the
pages you visit on our sites through the use of pixel tags
(also called clear gifs).
If you object to the use of personal information provided
by you for any reason, you may stop that use by modifying
your registration information online. If you have registered
as a member through our online registration system and have
subscribed to COMEDYWISE's Weekly Newsletter, and you no longer
wish to receive COMEDYWISE's Weekly Newsletter, please discontinue
your subscription by sending a message to info@Comedywise.com
We will not reply to this request but we will fulfill your
request and Un-Subscribe you.
Children and Privacy
COMEDYWISE encourages parents and guardians to spend time
with their children online, and to be fully familiar with
the sites visited by their children. Some content on Comedywise.com
may be unsuitable for users under the age of 18. We contend
that screening what children view, is the responsibility of
parents.
Individuals Under 13
No information should be submitted to or posted on the Site
by users under the age of 13 years without the consent of
their parent or guardian. Comedywise.com does not provide
any personally identifying information, regardless of its
source, to any third party for any purpose whatsoever unless
disclosed during collection. Users under the age of 13 are
generally asked not to participate in contests or other promotional
opportunities.
Individuals 13 Through 17
Comedywise.com requests that children under the age of 18
do not submit or post information to the Site without a parent
or guardian's consent. Comedywise.com may collect information,
including personally identifying information, from users between
the ages of 13 and 17, and with the permission of their parent
or guardian this information may be used for marketing and
promotional purposes by Comedywise.com and may be shared with
prescreened third parties. If a user or their parent or guardian
changes their mind with respect to such use, such user, parent
or guardian may stop that use -- either by e-mail request
or by modifying his/her registration information online as
described above in "Use of Information Collected by Comedywise.com".
Message Boards and Chat
Please remember that information posted to message boards
and chat areas becomes public information. Use caution when
posting. Users under the age of 18 should be especially careful
not to provide any personally identifying information while
using chat rooms or message boards. As set forth in Comedywise.com's
Terms and Conditions of use, users of chat rooms and message
boards must follow acceptable standards of behavior when posting
messages online.
Links to Other Sites
It is important to note that Comedywise.com contains links
to sites other than Comedywise.com, and that those sites may
not follow the same privacy policies as Comedywise.com. For
instance, if you click on an advertisement on Comedywise.com,
this will take you away from Comedywise.com and to an entirely
different site. This can include links from advertisers, content
providers and partners who may use Comedywise.com's logo and
or style as a result of a co-branding agreement. These sites
may send their own cookies to you, and may collect data and
make uses of it that Comedywise.com would not.
The use of any information or materials that you may access
at these external sites is purely voluntary. You should not
rely on their contents without independent and thorough review
of the accuracy, completeness, effectiveness, timeliness and
correct sequencing. These external sites may also refer to
specific commercial products, processes, or services by trade
name, trademark, service mark, manufacturer or otherwise.
Unless COMEDYWISE has provided specific authority, such references
in no way indicate our endorsement, recommendation or preference.
This section should be read in conjunction with the full Terms
of Service, below.
Additional Information
No transmission of data over the Internet is guaranteed to
be completely secure. It may be possible for third parties
not under the control of COMEDYWISE to intercept or access
transmissions or private communications unlawfully. While
we strive to protect your personal information, COMEDYWISE
cannot ensure or warrant the security of any information you
transmit to us. Any such transmission is done at your own
risk.
Under no circumstances, including but not limited to negligence,
shall COMEDYWISE be liable for any special, incidental or
consequential damages that result from the use of information
or materials on our sites, even if COMEDYWISE or an authorized
representative of COMEDYWISE, has been advised of the possibility
of such damages. This section also should be read in conjunction
with the full Terms of Service.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF
USE AND PRIVACY POLICY.
COMEDYWISE reserves the right to change this policy at any
time by notifying users of the existence of a revised privacy
policy. You can send e-mail to us with any further questions
at info@Comedywise.com
TERMS OF SERVICE
These Terms of Service (the "Agreement") set forth
the terms and conditions that apply to your use of the Web
site located at http://www.Comedywise.com and the services
and materials offered thereon (the "Service") which
are offered to you by National Lampoon. ("COMEDYWISE").
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT
JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound
by this Agreement, please discontinue your use of the Service.
1. Restrictions on Use
The Service is a computer online service. It is accessible
to you through a personal computer, or other access device
at www.Comedywise.com (the "COMEDYWISE Site") using
a communications connection (e.g., modem and telephone line).
As part of the Service, you will be provided with services
that may include information, editorial content, chat rooms,
links to other Web sites and other computer services that
COMEDYWISE may decide to offer, subject to the terms hereof.
COMEDYWISE may, in its sole discretion, discontinue or alter
any aspect of the Service, including, but not limited to,
(i) restricting the time of availability, (ii) restricting
the availability and/or scope of the Service for certain platforms
(i.e., computer types and operating systems), (iii) restricting
the amount of use permitted, and (iv) restricting or terminating
any User's right to use all or part of the Service, at any
time in COMEDYWISE's sole discretion and without prior notice
or liability. You are responsible for all charges (e.g., telephone)
associated with connecting to the Service through an available
access number. You are also responsible for obtaining or providing
all telephone access lines, telephone and computer equipment
(including modem), or other access device, necessary to access
the Service. You certify that you are an individual (i.e.,
not a corporation). The Service is owned and operated by COMEDYWISE
and its affiliated companies and contains material that is
derived in whole or in part from material supplied and owned
by COMEDYWISE and other sources. Such material is protected
by copyright, trademark, and other applicable laws. You may
not modify, copy, reproduce, republish, upload, post, transmit,
publicly display, prepare derivative works based on, or distribute
in any way any material from the Service, including but not
limited to code and software ("Material"). You may,
however, download Material from the Service for your personal,
non-commercial use only, provided you keep intact all copyright
and other proprietary notices and use the Material in accordance
with all restrictions applicable to your use if the Service
in general. In the event that you download Material from the
Service, such Material is licensed to you by COMEDYWISE and
COMEDYWISE does not transfer title to any such Material to
you.
2. Membership Rules and Guidelines
(a) Registration
Should COMEDYWISE choose to provide member based services,
when you register to use these Services, you will be required
to provide certain information about yourself. You agree to
provide true, accurate and complete information about yourself,
and to update this information when it changes. If you provide
any information that is untrue or inaccurate, not current,
or incomplete, or if COMEDYWISE suspects that your information
is untrue or inaccurate, not current, or incomplete, COMEDYWISE
may, in its sole discretion, suspend or terminate your membership
and refuse current or future access to the Service. Any personal
information supplied hereunder will be subject to the terms
of our privacy policy. Members under the age of 18 must have
parental consent before joining COMEDYWISE, and children under
the age of 13 may not register with COMEDYWISE. The Service
is currently provided for free. COMEDYWISE reserves the right
to change the nature of this relationship at any time.
(b) Passwords
Should COMEDYWISE provide to you a password that allows you
to access certain parts of the Service, you will be solely
responsible for maintaining the confidentiality of the password
and your account information, and are fully responsible for
all activities that occur under your password or account.
You agree that you will immediately notify COMEDYWISE of any
unauthorized use of your password or account, or any other
breach of security, and that you will log off of the Service
at the end of each session to prevent fraud on your account
by third parties.
(c) General
COMEDYWISE may choose to send you e-mail newsletters on a
variety of topics - for example, informing you of membership
benefits and features, letting you know of problems with the
site or with services offered by COMEDYWISE, or presenting
you with the opportunity to buy selected products and services.
You may elect during registration not to receive these e-mail
newsletters, and you may start or stop receiving such e-mail
newsletters at any time by sending an e-mail to an address
that shall be designated for that purpose. With your permission,
COMEDYWISE may send you e-mails on behalf of pre-screened
third parties containing promotional offers or opportunities
that we believe may be of interest to you. You may elect during
registration to receive these e-mails, and you may start or
stop receiving such e-mails at any time by sending an e-mail
to an account that shall be designated for that purpose.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
It is a condition of your use of the Service that you do not:
(i) restrict or inhibit any other user from using and enjoying
the Service; (ii) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including without
limitation, any images or other material depicting Nudity
as herein defined; (iii) post or transmit comments containing
harassing or offensive language, including sexual references,
sexual nicknames, racial slurs, hate propaganda, hate mongering,
swearing, or rude or deliberately offensive comments, or engage
in disruptive activities online, including excessive use of
scripts, sound waves, scrolling (repeating the same message
over and over), or use of viruses, bots, worms or trojan horses;
(iv) post or transmit any information, software or other material
that is fraudulent or violates or infringes the rights of
others, including material that violates privacy or publicity
rights, or infringes copyright, trademark or other proprietary
rights, without first obtaining permission from the owner
or right holder, including WAREZ (copyrighted material distributed
without permission); (v) post or transmit any information,
software or other material that contains a virus or other
harmful component; (vi) post or transmit content that encourages
or provides instructional activities about illegal activities,
in particular hacking, cracking or phreaking; (vii) post,
transmit or in any way exploit any information, software or
other material for commercial purposes or that contains advertising,
"junk mail," "spam," or "chain letters";
(viii) solicit other users to join, become members of, or
contribute money to any online service or other organization,
advocate or attempt to get users to join in legal or illegal
schemes or plan or participate in scams involving other users;
(ix) impersonate any person or entity or falsely state or
otherwise misrepresent your professional or other affiliation
with any person or entity; (x) resell, redistribute, broadcast
or transfer the information or use the information derived
from the Service in a searchable, machine-readable database;
(xi) use the Service to collect personally identifying information
about users of the Service in violation of our Privacy Policy;
(xii) disguise a file type to thwart COMEDYWISE's detection
processes; (xiii) post or transmit any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local,
state, national or international law; (xiv) submit to the
Live Directory multiple web sites with different URLs that
re-direct a user to one web page; (xv) submit to Live Directory
more than one URL for a single category; (xvi) update Live
Directory listings with intent to distort or misrepresent
them, including but not limited to changing titles of the
entries, descriptions of the entries, URLs, or keywords, or
(xvii) attempt to gain unauthorized access to other computer
systems or networks connected to the Service. For the purposes
of this Agreement, "Nudity" shall include, without
limitation, images depicting persons with unclothed genitalia
or persons wearing transparent clothing over genitalia. You
agree that you will not use the Service, including the information
provided therein and all related equipment, networks and network
devices (specifically including Internet access) for any unlawful
purpose. COMEDYWISE, at its sole and absolute discretion,
shall determine whether any information transmitted or received
violates this provision. You may not use any Material in connection
with any site or other use that contains or is associated
with information or content prohibited by this section.
(2) Monitoring
COMEDYWISE has no obligation to monitor the use of the Service
by members. You acknowledge and agree that COMEDYWISE reserves
the right to, and may from time to time, monitor any and all
information transmitted or received through the Service for
operational and other purposes. During monitoring, information
may be examined, recorded, copied, and used for authorized
purposes in accordance with our Privacy Policy. Use of the
Service constitutes consent to such monitoring. Furthermore,
COMEDYWISE reserves the right at all times to disclose any
information posted on any portion of the Service as necessary
to satisfy any law, regulation or governmental request, or
to refuse to post, or to remove, any information or materials,
in whole or in part, that in COMEDYWISE's sole and absolute
discretion are objectionable or in violation of this Agreement.
(3) License
By uploading files, inputting data, or engaging in any other
form of communication (a "Communication") through
the Service you are granting COMEDYWISE a royalty-free, irrevocable,
perpetual, non-exclusive, unrestricted, worldwide license
to (i) use, copy, sublicense, adapt, transmit, publicly perform,
display, or create derivative works from any such Communication,
and (ii) sublicense to third parties the unrestricted right
to exercise any of the foregoing rights granted with respect
to such Communication. No Communication shall be subject to
any obligation of confidence on the part of COMEDYWISE.
(4) Content on the Service
Communications posted through the Service are provided by
users such as you who are unaffiliated with COMEDYWISE, and
the user providing each such Communication is solely responsible
for the content thereof. This means that you, and not COMEDYWISE,
are entirely responsible for all Communications that you upload,
post, email or otherwise transmit via the Service. In using
the Service or receiving e-mail messages from members through
the Service, you should not assume that such messages have
been reviewed by COMEDYWISE, that such Communications contain
correct information, or that the persons posting such Communications
have accurately identified themselves and/or their affiliation
with any third party. You understand that by using the Service,
you may be exposed to Communications that are offensive, indecent,
or objectionable. Under no circumstances will COMEDYWISE be
liable in any way for any Communication, including, but not
limited to, liability for any errors or omissions in any Communication,
or for any loss or damage of any kind incurred as a result
of the use of any Communication posted, e-mailed, or otherwise
transmitted via the Service.
(5) Personal Safety
When using the Service, please be certain that anything you
say does not compromise your personal safety. Do not provide
your name, phone number, postal or e-mail address, your password,
or any other personally identifying information to people
you do not know. Do not continue any conversation online that
makes you feel uncomfortable.
3. Submissions
COMEDYWISE is pleased to hear from users and welcomes your
comments regarding COMEDYWISE's programs and services. COMEDYWISE's
longstanding company policy does not allow it to accept or
to consider creative ideas, suggestions, or materials other
than those it has specifically requested. We hope that you
will understand that the intent of this policy is to avoid
the possibility of future misunderstandings when projects
developed by COMEDYWISE's employees and agents might seem
to be similar to creative works submitted by users. Accordingly,
while we value your feedback, we must ask that you do not
send original creative materials. If, at our request, you
send certain specific submissions (for example contest entries),
or without a request from us you send creative suggestions,
ideas, notes or concepts or other materials (collectively,
"Comments"), they shall be deemed, and shall remain,
the property of COMEDYWISE, and shall otherwise be subject
to the provisions below. You represent and warrant that you
are authorized to grant all rights in the Comments to COMEDYWISE.
Disclosure, submission, or offer of any Comments shall constitute
an assignment to COMEDYWISE of all worldwide rights, titles,
and interests in all copyrights and other intellectual property
rights in such Comments. COMEDYWISE may edit, copy, publish,
distribute, translate, and otherwise use in any medium any
Comments that you forward to COMEDYWISE and will own exclusively
all such rights, titles, and interest and shall not be limited
in any way in its use, commercial or otherwise, of the Comments.
COMEDYWISE is and shall be under no obligation to: (1) maintain
any of your or any user's Comments in confidence; (2) to pay
to you or any user any compensation for any Comments; or (3)
to respond to any of your or any other user's Comments.
4. Merchants
Your correspondence or business dealings with, or participation
in promotions of, merchants found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and
such merchant. COMEDYWISE will not be responsible or liable
for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
merchants on the Service.
5. Disclaimer of Warranties
COMEDYWISE HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES
MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES")
AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON
THE SERVICE. NEITHER COMEDYWISE NOR SUBSIDIARY COMPANIES NOR
ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT
ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY
SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN
OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES
ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMEDYWISE DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM
A COURSE OF PERFORMANCE OR COURSE OF DEALING. COMEDYWISE DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS
AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR
ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES
AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMEDYWISE
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE
OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume
all risk of errors and/or omissions in the Service, including
the transmission or translation of information. You assume
full responsibility for implementing sufficient procedures
and checks to satisfy your requirements for the accuracy and
suitability of the Service, including the information, and
for maintaining any means that you may require for the reconstruction
of lost data or subsequent manipulations or analyses of the
information provided hereunder. You acknowledge and agree
that your use of the Service, and any information sent or
received in connection therewith, may not be secure and may
be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY
FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
6. Limitation of Liability
IN NO EVENT SHALL COMEDYWISE OR ITS SUBSIDIARY COMPANIES OR
AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE
SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED
IN OR OBTAINED THROUGH THE SERVICE, COMEDYWISE'S REMOVAL OR
DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON
ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF COMEDYWISE OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR
INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE,
NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT COMEDYWISE, ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
7. Indemnification
You agree to defend, indemnify and hold harmless COMEDYWISE,
its affiliates and their respective directors, officers, employees
and agents from and against any and all claims, actions, suits
or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys
fees) arising out of or accruing from (a) any material posted
or otherwise provided by you that infringes any copyright,
trademark, trade secret, trade dress, patent or other intellectual
property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation
made by you in connection with your use of the Service; (c)
any non-compliance by you with the terms and conditions of
this Agreement; and (d) claims brought by persons or entities
other than the parties to this Agreement arising from or related
to your access and use of the Service, including the information
obtained through the Service.
8. Termination
COMEDYWISE may, in its sole discretion, terminate your password,
account (or any part thereof) or use of the Service, or remove
and discard any Communication transmitted by you, or information
stored, sent, or received via the Service without prior notice
and for any reason, including, but not limited to: (i) concurrent
access of the Service with identical user identification numbers,
(ii) permitting another person or entity to use your user
identification number to access the Service, (iii) any other
access or use of the Service except as expressly provided
in this Agreement, (iv) any violation of the terms and conditions
of this Agreement or the rules and regulations relating to
the use of, the software and/or data files contained in, or
accessed through, the Service, (v) tampering with or alteration
of any of the software and/or data files contained in, or
accessed through, the Service, or (vi) failure to use the
Service or portion thereof on a regular basis. You may terminate
your membership hereunder upon thirty (30) days written notice
by you to COMEDYWISE of your intent to terminate this Agreement.
Termination, suspension, or cancellation of this Agreement
or your access rights shall not affect any right or relief
to which COMEDYWISE may be entitled, at law or in equity.
Upon termination of this Agreement, all rights granted to
you will automatically terminate and immediately revert to
COMEDYWISE and its licensors.
9. Trademarks
COMEDYWISE and the COMEDYWISE logo are trademarks of Comedywise,
and all other trademarks, service marks and trade names used
on the Service are the property of their respective owners,
and all of the above trademarks may not be copied, downloaded
or otherwise exploited without the permission of COMEDYWISE
or the owner of such trademark, service mark or trade name,
except as explicitly permitted in Section 1 above.
10. Minors
If you have agreed to allow your minor child, or a child for
whom you are legal guardian (a "Minor"), to use
the Service, you agree that you shall be solely responsible
for: (a) the online conduct of such Minor; (b) monitoring
such Minor's access to and use of the Service; and (c) the
consequences of any use of the Service by such Minor. Children
under the age of 13 should not register for any Service hereunder.
11. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, COMEDYWISE
hereby notifies you that parental control protections (such
as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access
to material that is harmful to minors. Information identifying
current providers of such protections is available at the
Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
To view information on our policy regarding the privacy of
children under the age of 13, please see our privacy policy.
12. Infringement Policy
COMEDYWISE, pursuant to 17 U.S.C. Section 512 as amended by
Title II of the Digital Millennium Copyright Act (the "Act"),
reserves the right, but not the obligation, to terminate your
license to use the Service if it determines in its sole and
absolute discretion that you are involved in infringing activity,
including alleged acts of first-time or repeat infringement,
regardless of whether the material or activity is ultimately
determined to be infringing. COMEDYWISE accommodates and does
not interfere with standard technical measures used by copyright
owners to protect their materials. In addition, pursuant to
17 U.S.C. Section 512(c), COMEDYWISE has implemented procedures
for receiving written notification of claimed infringements
and for processing such claims in accordance with the Act.
All claims of infringement must be submitted to COMEDYWISE
in a written complaint that complies with the requirements
below and is delivered to our designated agent to receive
notification of claimed infringement:
By mail:
James Pharo
Comedywise, L.L.C.
100 Avenue of the Americas
6th Fl.
New York, NY 10031
By phone: (212) 845-9905
By e-mail: info@Comedywise.com
In addition, any written notice regarding any defamatory or
infringing activity, whether of a copyright, patent, trademark
or other proprietary right must include the following information:
- A physical or electronic signature of a person
authorized to act on behalf of (1) the owner of an exclusive
right that is allegedly infringed or (2) the person defamed.
- 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. Similarly, for materials
that are defamatory or infringe patent, trademark, or other
proprietary rights of a third party, please submit a list
of such materials.
- Identification of the material that is claimed to be
infringing, to be the subject of infringing activity, or
that is claimed to be defamatory 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 your address, telephone number, and/or electronic
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 or other proprietary right owner, its agent,
or the law.
- 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 or on behalf of the person
defamed.
13. Modification
COMEDYWISE reserves the right, in its sole discretion, to
amend this Agreement, and to modify, add or discontinue
any aspect, content, or feature of the Service. Such amendments,
modifications, additions or deletions shall become effective
upon notice thereof, which may be provided to you by posting
on the Service, via e-mail or any other reasonable means.
Continued use of the Service by you shall constitute your
binding acceptance of any such amendments, modifications,
additions or deletions.
14. Export Control
Information Unless otherwise specified, the materials on
the Service are presented solely to provide information
regarding and to promote NATIONAL LAMPOON's Services and
other products available in the United States, its territories,
possessions and protectorates. The Service is controlled
and operated by NATIONAL LAMPOON from its offices within
the state of California, United States of America. NATIONAL
LAMPOON makes no representation that materials on the Service
are appropriate or available for use outside the United
States. Those who choose to access the Service from outside
the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the
extent that local laws are applicable. Software from the
Service is further subject to United States export controls.
No software from the Service may be downloaded or otherwise
exported or re-exported (A) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods, or
(B) to anyone on the U.S. Treasury Department list of Specially
Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By using the Service, you represent and
warrant that you are not located in, under the control of,
or a national or resident of any such country or on any
such list.
15. Miscellaneous
This Agreement shall be governed by and construed in accordance
with the laws of the State of California without giving
effect to any principles of conflicts of law. Although you
acknowledge that we will have the ability to enforce our
rights in any court of competent jurisdiction, you hereby
consent to the exclusive jurisdiction and venue of courts
in New York, NY , U.S.A., regarding any and all disputes
relating to this Agreement or your use of the Service. You
acknowledge and agree that the warranty disclaimers and
liability and remedy limitations in this Agreement are material
terms of this Agreement and that they have been taken into
account in the decision by COMEDYWISE to provide the Service
hereunder. You may not assign any of your rights, obligations
or privileges hereunder without the prior, written consent
of COMEDYWISE. Any assignment of the foregoing other than
as provided for in this section shall be null and void,
ab initio. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from this Agreement, shall be
enforced to the fullest extent allowed by law as to effect
the intention of the parties, and shall not affect the validity
and enforceability of any remaining provisions. This Agreement
and any posted operating rules constitute the entire agreement
of the parties with respect to the subject matter hereof,
and supersede all prior or contemporaneous communications
and proposals, whether oral or written, between the parties
with respect to such subject matter. No waiver of any provision
or any right granted hereunder will be effective unless
set forth in a written instrument signed by the waiving
party. No waiver by either party of any breach or default
hereunder shall be deemed a waiver of any subsequent breach
or default. You agree not to reproduce, duplicate, copy,
sell, resell, or exploit for any commercial purposes, any
portion of the Service or access to the Service. The titles
and subtitles used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting
this Agreement.
16. Rules for Chat rooms, Message Boards, and Other User-Supplied
Material
Portions of this Site provide you and other users an opportunity
to submit, post, display and exchange information, ideas,
opinions, photographs, images, video, creative works or
other information, messages, transmissions or material to
us, the Site or others ("Post" or "Postings").
Postings do not reflect the views of COMEDYWISE, and COMEDYWISE
does not have any obligation to monitor, edit or screen
any Postings, but may do so in its sole discretion. Notwithstanding
anything else in these Rules of Conduct, COMEDYWISE should
not be seen as endorsing any Post in any way. Neither COMEDYWISE
nor its respective officers, directors, and employees, subsidiaries
and/or affiliates shall be liable for any Posting that is
in violation of this agreement.
You acknowledge that anything you submit to a COMEDYWISE Site
by way of any Posting is routed through COMEDYWISE's servers
and the Internet and that, therefore, you have no expectation
of privacy with regard to any such submission. You acknowledge
that the Posting and features on COMEDYWISE Sites are postings
for public and not private communications. Please keep in mind
that whenever you give out personal information online, for
example, via message boards or chat, that information can be
collected and used by people you don't know. We cannot guarantee
the security of any information you disclose online; you make
such disclosures at your own risk. (Users under the age of 18
should be especially careful not to provide any personally identifying
information while using chat rooms or message boards. As set
forth in Comedywise.com's Terms and Conditions of use, users
of chat rooms and message boards must follow acceptable standards
of behavior when posting messages online.)
If a Posting originates from you or your account, you hereby
agree not to post any materials that (1) interfere with anyone
else's use of the Site; (2) are abusive, illegal, defamatory,
libelous, indecent, obscene, offensive, or threatening in any
way; (3) encourage anyone to break the law; (4) violate anyone's
copyright, trademark or other property right; (5) interfere
with the privacy of any other user; (6) contain a virus or any
other harmful component; or (7) contain false or misleading
statements of fact or descriptions of the origin of the material
or the communication. You agree to comply with any additional
terms which are referred to on this Site or any subsite within
the website.
The message boards provided on the COMEDYWISE Site are for the
purpose of exchanging views and information about our online
content and television programming. COMEDYWISE reserves the
right to terminate the account or suspend the posting privileges
of anyone who Posts materials unrelated to these topics.
You are prohibited from posting or transmitting any defamatory,
libelous, obscene, pornographic, profane, threatening, or unlawful
material or any material that constitutes or encourages conduct
that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law. Although COMEDYWISE
may from time to time monitor or review bulletin boards, chatrooms,
discussions, postings, transmissions, and the like on the Site,
COMEDYWISE is under no obligation to do so and assumes no liability
or responsibility arising from the contents of any such communications
or for any defamation, error, inaccuracy, libel, obscenity,
or profanity contained in any such communication. COMEDYWISE
may change, edit, or remove any user material or conversations
that are illegal, indecent, obscene, or offensive, or that violate
COMEDYWISE's policies in any way. Further, COMEDYWISE reserves
the right to remove or edit content from any Forum at any time
and for any reason although we have no duty to do so. COMEDYWISE
will fully cooperate with any law enforcement authorities or
court order requesting or directing COMEDYWISE to disclose the
identity of anyone posting such materials.
Posting is for noncommercial purposes only and you may not Post
in any manner which does or is intended to promote or generate
revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without
limitation, Postings) violates any of the terms of this agreement,
please click here to send us a message about it. We will not
respond to your message and we reserve the right to take or
refrain from taking any or all steps available to us once we
receive any such message.
This Privacy Statement is current as of May 1, 2006 |
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