Terms & Conditions Agreement

Last Updated: October 17th, 2024

By creating an account on comedyinaustin.com by Wise Crack LLC, you agree to the following terms and conditions. Please read them carefully. If you do not agree with any part of these terms, do not create an account or use the services offered by comedyinaustin.com by Wise Crack LLC.

1. Truthful Information and Age Restrictions

By creating an account on comedyinaustin.com by Wise Crack LLC, you agree to the following conditions regarding the accuracy of the information you provide:

• Truthful and Valid Information: You affirm that all information you provide during the account creation process, including your name, email address, payment details, and any other requested information, is truthful, accurate, and up to date. You agree to update your information as necessary to maintain its accuracy. Providing false, misleading, or inaccurate information may result in the suspension or termination of your account and may subject you to legal action.
• Analyze your social media data to deliver relevant content, recommendations, and advertisements.
• Age Restrictions: The services provided by comedyinaustin.com by Wise Crack LLC are intended for users who are at least 18 years of age. By creating an account, you affirm that you are 18 years of age or older. We reserve the right to verify the age of any user and to deny access or terminate accounts if we suspect underage usage. If we find that a user under the age of 18 has created an account, that account will be terminated immediately without notice.

2. Account Ownership and Transfers

Accounts on comedyinaustin.com by Wise Crack LLC are personal to the user and cannot be transferred, assigned, or sold to any third party without prior written consent. Violation of this policy may result in the termination of the account.

3. Third-Party Links and Services

comedyinaustin.com by Wise Crack LLC may contain links to third-party websites or services. We do not endorse or assume any responsibility for any third-party websites, services, or content. You agree that you use any third-party links or services at your own risk.

3. Use of Brand Likeness

By using comedyinaustin.com by Wise Crack LLC, you agree not to imitate, duplicate, or otherwise misuse the likeness, branding, or trade dress of comedyinaustin.com by Wise Crack LLC or any third-party brands. This includes:

4. Agreement to Access Social Media Data and Images

By creating an account on comedyinaustin.com by Wise Crack LLC, you grant the website access to your social media platforms, including but not limited to Instagram, Facebook, Twitter (X), LinkedIn, TikTok, and any other connected accounts. This access allows comedyinaustin.com by Wise Crack LLC to:

• Collect & collaborate and use images, posts, videos, and other publicly available content on your social media platforms for the purpose of enhancing your experience on the website and providing personalized services.
• Analyze your social media data to deliver relevant content, recommendations, and advertisements.
• Use your social media content, such as images and posts, in connection with promotions, marketing, or advertising campaigns, both on the platform and through third-party services.

You acknowledge and agree that comedyinaustin.com by Wise Crack LLC will have access to and may store, display, and distribute any content shared through these platforms, subject to applicable privacy policies.

5. Copyright Infringement

You agree that you will not upload, post, or otherwise share any content that violates any third-party intellectual property rights, including but not limited to copyrights, trademarks, or patents. By using comedyinaustin.com by Wise Crack LLC, you affirm that:

• You have the necessary rights to upload or share any content, including images, videos, or other media, and that the content does not infringe upon the intellectual property rights of any third party.
• In the event that any intellectual property violation is reported, comedyinaustin.com by Wise Crack LLC reserves the right to take down the infringing content and may terminate or suspend your account.
• The receiving party holds all Confidential Information in strict confidence and take reasonable precautions to protect it from unauthorized disclosure.

You agree to indemnify and hold harmless comedyinaustin.com by Wise Crack LLC from any claims, damages, or costs (including attorney fees) arising from the infringement of any intellectual property rights of a third party.

6. Use of Brand Likeness

By using comedyinaustin.com by Wise Crack LLC, you agree not to imitate, duplicate, or otherwise misuse the likeness, branding, or trade dress of comedyinaustin.com by Wise Crack LLC or any third-party brands. This includes:

• Using the website's branding, logo, or likeness without prior written permission.
• Creating accounts, profiles, or content that may mislead or confuse users into believing they are
• affiliated with or endorsed by comedyinaustin.com by Wise Crack LLC or any third-party brand, company, or individual.

Any unauthorized use of comedyinaustin.com by Wise Crack LLC’s brand likeness or the likeness of third-party brands will result in the immediate suspension or termination of your account, and you may be subject to legal action.

7. Imitation of Brand or Concept

You agree not to create, distribute, or promote any content, website, product, or service that imitates, duplicates, or substantially copies the concept, design, or functionality of comedyinaustin.com by Wise Crack LLC, including but not limited to its user interface, content features, or brand identity.

You acknowledge that comedyinaustin.com by Wise Crack LLC reserves all legal rights to pursue claims for any violation of intellectual property rights, including seeking damages, injunctive relief, or other remedies available under applicable law.

8. Prohibited Content Submissions

By using comedyinaustin.com by Wise Crack LLC, you agree that any content submissions that fall under the following categories will be denied and may result in account suspension or termination:

• Hate Speech: Content that promotes or encourages violence, discrimination, or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or nationality. Hate speech includes slurs, harmful stereotypes, and content that incites violence or harassment.
• Copyright of Other Brands: Content that infringes on the copyright, trademark, or intellectual property of any third party, including unauthorized use of brand names, logos, or other proprietary materials.
• Slander: Any false, defamatory, or harmful statements made about a person, business, or entity with the intent to damage their reputation.
• Intimidation: Content that seeks to harass, threaten, or coerce individuals or groups, including but not limited to bullying, stalking, or other forms of intimidation online or offline.

Any violation of these prohibited content guidelines will result in the immediate rejection of the submission, and repeated violations may lead to the suspension or permanent termination of your account

9. Termination of Account

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by Wise Crack LLC reserves the right to suspend or terminate your account at any time without prior notice if you breach any of the terms in this agreement. Grounds for termination include but are not limited to:

• Violation of intellectual property laws.
• Misuse of the website's or third-party brand likeness.
• Submission of inaccurate or false information, including contact details and event addresses.
• Uploading or sharing copyrighted content without proper authorization.
• Submission of content containing hate speech, slander, or intimidation.

Upon termination, your access to the website will cease, and comedyinaustin.com by Wise Crack LLCmay delete or retain your account data at its discretion, subject to applicable privacy regulations.

10. Limitation of Liability

In no event shall comedyinaustin.com by Wise Crack LLC, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the website or any content uploaded to the website, including but not limited to loss of data, use, goodwill, or other intangible losses.

11. Force Major Clause

Force Major: comedyinaustin.com by Wise Crack LLC will not be held liable for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, governmental actions, or failure of internet services.

12. Privacy Policy

By agreeing to these terms, you also acknowledge and consent to the collection, use, and sharing of your personal information as outlined in the comedyinaustin.com by Wise Crack LLC Privacy Policy. This includes but is not limited to the use of your social media data, cookies, and other tracking technologies for the purposes of marketing, analytics, and service improvement.

13. Modifications to Terms

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by Wise Crack LLC reserves the right to modify these terms at any time. Any changes will be posted on the website, and your continued use of the website after the posting of changes constitutes acceptance of the revised terms.

14. Governing Law

These terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

15. International Users and Compliance with Local Laws

comedyinaustin.com by Wise Crack LLC is operated from the United States, and we make no representations that the content or services are appropriate for use outside of the U.S. Users who access the site from other locations do so at their own initiative and are responsible for compliance with their local laws.

16. Billing and Payment Terms

By creating an account and utilizing services on comedyinaustin.com by Wise Crack LLC, you agree to the following billing and payment terms:

• Payment Methods: All payments must be made via PayPal. By providing your PayPal account details, you authorize comedyinaustin.com by Wise Crack LLC to charge the full amount of any purchases or services you agree to through the platform.
• Valid Payment Information: You agree to provide valid and current PayPal account information when prompted to complete any transaction. Failure to provide accurate or up-to-date payment details may result in the suspension or termination of your account.
• Subscription Services: If applicable, any subscription services offered by comedyinaustin.com by Wise Crack LLC will automatically renew unless canceled by you prior to the renewal date. Renewal fees will be automatically charged to the PayPal account on file. You are responsible for ensuring that your payment method remains valid for auto-renewals. Cancellations must be completed before the renewal date to avoid being charged for the next billing cycle.
• Failed Payments: In the event that a payment is declined, you will be notified via email and must resolve the issue within 5 business days. If the payment issue is not resolved, comedyinaustin.com by Wise Crack LLC reserves the right to suspend or terminate your account and any services associated with it.
• Refund Policy: Payments for services rendered by comedyinaustin.com by Wise Crack LLC are generally non-refundable. However, refund requests may be considered on a case-by-case basis at the discretion of the company. For questions regarding refunds, please contact comedyinaustin@gmail.com.
• Disputed Charges: If you believe there has been an error in billing, you must contact us within 30 days of the disputed charge. Failure to notify us of any billing issues within this timeframe will result in your waiver of the right to dispute the charge.
• Modification of Billing Terms: comedyinaustin.com by Wise Crack LLC reserves the right to modify these billing terms at any time. Any changes will be posted on the website, and your continued use of the services constitutes acceptance of the updated billing terms.

17. Data Security:

While comedyinaustin.com by Wise Crack LLC takes reasonable steps to protect user information, you acknowledge that no data transmission over the internet can be guaranteed as 100% secure. You agree that we are not responsible for any unauthorized access to your personal data or the loss or alteration of any data transmitted via our website.

18. DMCA (Digital Millennium Copyright Act) Notice

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by Wise Crack LLC respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been used on our website in a way that constitutes copyright infringement, you may submit a DMCA Notice to request the removal of the infringing content.

Filing a DMCA Notice (Takedown Request)

If you are a copyright owner (or an agent authorized to act on behalf of the copyright owner) and believe that content on comedyinaustin.com by Wise Crack LLC infringes upon your copyright, you must provide the following information in writing to our designated DMCA Agent:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has allegedly been infringed.
• Identification of the copyrighted work claimed to have been infringed. If multiple works are involved, a representative list of such works.
• 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 (e.g., URLs or specific descriptions of the content).
• Your contact information, including an email address, telephone number, and mailing address, so that we can contact you regarding your claim.
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright 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 the copyright that is allegedly infringed.

DMCA Notices should be sent to:

DMCA Agent

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by Wise Crack LLC

Email: comedyinaustin@gmail.com

Upon receipt of a valid DMCA notice, comedyinaustin.com by Wise Crack LLC will act expeditiously to remove or disable access to the allegedly infringing content and notify the user responsible for uploading the content. We may also terminate the accounts of repeat infringers.

Counter-Notification (Response to a DMCA Notice)

If you believe that the material you posted was removed or access to it was disabled in error, you may file a counter-notification. A valid counter-notification must include the following:

• Your physical or electronic signature.
• Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access was disabled.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• Your contact information, including name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in the district where you are located (or in the Southern District of Texas if you are outside the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receiving a valid counter-notification, comedyinaustin.com by Wise Crack LLC will forward it to the party who submitted the original DMCA notice. If the original claimant does not file a lawsuit within 10 business days, we will restore the removed content.

Repeat Infringers

access to the site and/or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.

19. Dispute Resolution and Arbitration:

Any disputes or claims arising out of or relating to these Terms, including disputes regarding the validity, interpretation, breach, or termination of the Terms, shall be resolved through binding arbitration conducted by the American Arbitration Association in accordance with its rules. The arbitration shall be held in Austin, Texas. Both parties agree to waive any right to a jury trial or to participate in a class-action lawsuit.

20. Contact Information

If you have any questions or concerns about these terms, please contact us at comedyinaustin@gmail.com