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CWCT WEBSITE TERMS OF USE AND PRIVACY POLICY
The Cracked Wall Comedy Theater, LLC also known as “the CWCT” and the “Cracked Wall Comedy Theater, Inc.,” welcomes visitors from all over the world to the Cracked Wall Comedy Theater website (also referred to herein for the sake of brevity variously as “the site”, “the CWCT site,” “this site,” “this website” or “the CWCT website” or “this CWCT website”). If you are accessing this site from a country other than the United States, or even if you are accessing it from certain states within the United States, your rights, including but not limited to your right of privacy, may differ from the description of your rights herein. In all cases, nothing herein is intended to affect the legal rights that are in effect in your primary place of residence. Should the terms presented herein conflict with those rights, the rights granted under applicable local law shall be controlling.
In using this website you agree that a legal contract is in effect between you and the Cracked Wall Comedy Theater,LLC with a mailing address at 8927 Hypoluxo Road, #224, Lake Worth, FL 33467. Please read these terms of use before using the site because by using the site you agree to be bound by all of the following terms and conditions, including but not limited to the CWCT privacy policies. Do not use the site if you do not agree to all of the terms and conditions listed herein. You understand and agree that we may unilaterally terminate the contract permitting your use of this site if you fail to agree and abide by the terms governing its use. You understand and agree that from time to time, as a result of the enactment of applicable law, or solely at the discretion of the CWCT, the published terms of use of this site may change or be supplemented, and that any such revision, change, or supplementation shall prevail over the original wording of the term(s). No one affiliated in any manner with the CWCT is authorized to in any way change, amend, revise, or supplement these terms orally. It is our intention that any changes will be made in writing on this website by an authorized representative of the CWCT.
Now, in consideration of the use of this CWCT website, you agree as follows:
1. THE SERVICE PROVIDED
The CWCT website is for your personal, non-commercial use. Material presented on this site is for informational and entertainment purposes and in no way constitutes professional (legal, medical, psychological, financial, etc.) advice, and may not be used for such purposes.
2. RESPONSIBLE USE OF THIS SITE
The entire CWCT website is copyrighted 2017 and 2018 by the Cracked Wall Comedy Theater, Inc. You are permitted to re-post videos and other material from the site on Facebook and other such social media sites. Whether or not you do this, you understand and agree that any video or other material copied from the site may not be altered, and that the CWCT remains the sole owner of all rights in and to said materials. You do not have any rights in and to said materials, and you may neither represent, in any way, that you own rights to such CWCT property, nor in any way convey, or attempt to convey to others, any such rights. Transfer of title to videos, other materials, or any intellectual property owned by the CWCT may only be made by a writing executed by the CWCT and the party or parties involved. Your use of any CWCT property must be responsible and reasonable and you unconditionally agree to indemnify CWCT against any loss CWCT might suffer, including but not limited to reasonable legal fees and court costs, resulting from your use of CWCT property. You agree to make your best effort to keep this site free of computer viruses or any other such harmful entity that would constitute a nuisance or a danger to others, and/or would restrict the free and full use of this site by others.
3. NOTICE REGARDING MOBILE SERVICES
Access to this website through a mobile network may incur network or roaming or other fees. Downloading of materials on this site may be prohibited or restricted by your network provider.
4. NOTICE REGARDING THIRD-PARTY SERVICES
CWCT service may, from time to time, integrate, be integrated into, or be provided in connection with third-party services and content. It is understood and agreed that the CWCT does not control such third-party services and content. More information about the terms of use agreements and privacy policies that apply to such third-party services and content may be obtained from such third-parties, and not the CWCT.
5. LIMITATION OF CWCT LIABILITY
Use of this website is provided “as is” and “as available” and the CWCT shall not be liable to you for any consequential damages resulting from delay or failure in performance resulting from discretionary causes or causes beyond our reasonable control, or as a result of the introduction by malicious or malevolent others of a computer virus or similar harmful component into this site. Under no circumstances shall our total liability to you for all damages and causes of action exceed one U.S. dollar ($1.00 US). These disclaimers do not affect your rights as a consumer or limit liability that under the law of your place of residence may not be excluded.
6. USER-GENERATED CONTENT
In the event that this CWCT site becomes interactive to the extent that user-generated content is published on it, and in all user-generated inquiries and comments conveyed from the site directly to CWCT personnel, you agree that under no conditions will you communicate, submit, upload or otherwise make available text, images, audio, video, or other content that may reasonably be judged to be defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive. Although you retain ownership of your user-generated content, you grant the CWCT a non-exclusive, irrevocable and royalty-free worldwide license, under all copyrights and other intellectual property rights, to use such content at its sole discretion, in whole or in part, in all media formats and in any media now known or yet to be devised.
7. UNSOLICITED CREATIVE IDEAS AND MATERIALS
The CWCT neither accepts nor considers unsolicited creative ideas, suggestions or material. With regard to any such submissions, you understand and agree that such creative ideas and suggestions are not being made or received in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and the CWCT in any way, and that if you elect to attempt to submit an unsolicited creative idea you do so with no expectation of feedback, review, compensation or any consideration of any kind.
8. PRIVACY POLICY FOR THE CWCT WEBSITE
The CWCT privacy policy describes the treatment of information provided or collected on this site. This privacy policy was formulated in accordance with local Florida law. Your rights may differ as a result of laws in the location of your primary residence.
A) WE COLLECT AND USE INFORMATION FROM THIS SITE
We collect both personal information (name, e-mail, etc.) and anonymous information (such as “number of site visitors” or other information that is not unique to an individual site visitor). The information is collected when you click on the “subscribe” button or when you contact us with a question or comment.
Information may also be collected through technology such as cookies, flash cookies and web beacons, and through other trusted sources to update or supplement the information you provided or that was collected automatically. In some cases, local law may have required that you authorized the third party to share your information with us before the CWCT could acquire it.
Unless prohibited under applicable law, the CWCT, as a data controller, may use your information for varied purposes, including but not limited to, a) providing you with the products and services you request; b) communicating with you about your queries to the CWCT and sending you information about features on our site or changes to our policies; c) sending you offers and promotions for products and services or third-party products and services; d) personalizing the content you receive; and e) detecting, preventing, and investigating activities that may violate CWCT policies or be illegal.
You understand and agree that any information collected by the CWCT may, for any reason under applicable law, be shared with CWCT-selected, third-party companies so that these companies can send you offers and promotions about their products and services. Once any personal information is shared with another company, the information received by the other company becomes subject to the other company’s privacy practices and the CWCT shall have no liability for the use or storage of such information by third-party companies. Should the CWCT cooperate with a financial institution to offer co-branded products or services to you, such as a co-branded CWCT credit card, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services. When companies perform services on our behalf, like package delivery and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law.
You may correct, update and delete any personal information provided; or, you may unsubscribe. Applicable law may give you additional choices. Also by visiting the Digital Advertising Alliance, you may be able to limit targeted advertising from many ad networks, data exchanges, marketing analytics and other such service providers.
B) DATA SECURITY
The CWCT has taken reasonable precautions to protect the security, integrity and confidentiality of any information collected on this site, and reasonable safeguards are in place to protect such information from unauthorized access, disclosure, use and modification. However, users of this site understand and agree that the CWCT should not, cannot, and will not be held liable, under any circumstances, for a data breach or any unauthorized access to or manipulation of data that is, for whatever reason, beyond the control of the CWCT or its authorized agents, including but not limited to third parties who operate or maintain this site or provide security services for it. Please note that personal information is retained only for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by applicable law.
C) CHANGE IN PRIVACY POLICY OR OTHER POLICIES
Users of this site understand and agree that the CWCT may, from time to time, change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for any other reasonable purpose. In the event of such changes, notice will be provided to you, and if required by applicable law, the CWCT will obtain your consent to make the changes.
D) LINKS TO THIRD-PARTY SITES
Our site may contain links to other sites that are neither owned nor controlled by the CWCT, including but not limited to youtube, and site visitors are strongly encouraged to acquaint themselves with the privacy policy and other policies in force at such third-party sites.
E) CHILDREN’S PRIVACY
Although the CWCT recognizes the need for enhanced or special privacy protections with respect to the personal information that may be collected from children, neither our site content, nor any feature on the site is age-gated. We do not knowingly collect personal information from children in connection with any content or element of this site. If in the relatively rare situation the CWCT did intend to collect personal information from children, the children-targeted communications would be age-gated, and the additional privacy protection steps would be taken. We would:
1) notify parents about our information practices with regard to children, including the types of personal information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
2) in accordance with applicable law, obtain consent from parents for the collection of personal information from their children, or send parents information about our products and services;
3) limit our collection of personal information from children to no more than would be reasonably necessary to participate in an online activity on this site, such as a contest with entry restricted for children;
4) grant parents the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted; and,
5) institute any additional protections as required by applicable law.
F) QUESTIONS & COMMENTS REGARDING PRIVACY POLICY
Questions and comments about this CWCT website privacy policy may be addressed to:
Cracked Wall Comedy Theater, 8927 Hypoluxo Road, #224, Lake Worth, FL 33467.
9. BINDING ARBITRATION AND CLASS ACTION WAIVER
You and the CWCT agree to arbitrate all disputes between you and the CWCT or its affiliates, except disputes relating to the enforcement of the CWCT or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and the CWCT empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or the CWCT must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to the Cracked Wall Comedy Theater, 8927 Hypoluxo Road, #224, Lake Worth, FL 33467, Attention: Legal/Arbitration Notice. The CWCT will send any notice of dispute to you at the contact information we have for you. You and the CWCT will attempt to resolve a dispute through informal negotiation within ninety (90) days from the date the notice of dispute is sent. After ninety (90) days, you or the CWCT may commence arbitration. If you and the CWCT do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration in Palm Beach County, Florida (USA) before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Should the arbitrator find the arbitration was initiated by you frivolously, or brought for an improper purpose, you agree to pay all filing, AAA, arbitrator’s fees and expenses, and all the CWCT’s legal expenses. Neither you nor the CWCT will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
You agree that any action at law or in equity arising out of or relating to these terms or the CWCT Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the county of Palm Beach in the state of Florida in the United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
10. SEVERABILITY
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
11. SURVIVAL
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
12. WAIVER
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.