DON’T TELL COMEDY

TERMS & CONDITIONS  

Effective Date: September 22nd, 2017

The DontTellComedy.Com website and its associated services and content (collectively “Website”) is owned and operated by Don’t Tell Comedy, LLC. (“Don’t Tell Comedy”).  Don’t Tell Comedy has adopted these Terms and Conditions (“Agreement”) to inform you – a ticket purchaser – of your rights and duties when using the Website and purchasing tickets.  If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.  

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, USING THE WEBSITE AND ASSOCIATED SERVICES, OR PURCHASING TICKETS. BY ACCESSING AND USING THE WEBSITE OR PURCHASING TICKETS TO EVENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

DON’T TELL COMEDY MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT DON’T TELL COMEDY MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

About The Site

Don’t Tell Comedy hosts secret comedy shows in the Los Angeles area, and other areas within Don’t Tell Comedy’s discretion, with events hosted at various venues ranging from living rooms, backyards, rooftops, and other intimate settings.  The Website allows you to purchase tickets to these comedy shows up to a week in advance, with the location of the venue being disclosed the day of the event.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions.  You warrant that you are a human individual that is eighteen (18) years of age or older.  If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.  

You warrant and represent that any and all information that you provide to Don’t Tell Comedy and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website or otherwise use your purchased ticket in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.  Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website.  The Website is operated in the United States and Don’t Tell Comedy makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.  

Ownership of Website and License

Excluding your content, you acknowledge and agree that Don’t Tell Comedy is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Don’t Tell Comedy. 

Don’t Tell Comedy hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.  Absent prior written permission from Don’t Tell Comedy, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content.  This license is revocable at any time, and any rights not expressly granted herein are reserved to Don’t Tell Comedy.  

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners.  Specifically, all Don’t Tell Comedy marks are the property of Don’t Tell Comedy, including, but not limited to DON’T TELL COMEDY and all Don’t Tell Comedy logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Don’t Tell Comedy. You are prohibited from using Don’t Tell Comedy’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Don’t Tell Comedy 

Ticket Payment and Refunds

Don’t Tell Comedy offers tickets for purchase in United States Dollars (USD) via the Website.  By purchasing a ticket, you agree to both the terms and conditions of this Agreement and any additional terms and conditions related to the ticket purchased.  Tickets may be purchased for Don’t Tell Comedy events up to one week in advance.  Payment for Don’t Tell Comedy tickets made are processed through third-party payment processors, including Stripe and PayPal along with any third-party payment processor Don’t Tell Comedy may use in the future.  You agree and understand that you will be charged a service fee for each ticket purchase.  Don’t Tell Comedy reserves the right to change the service fee amount at any time.  You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your Don’t Tell Comedy ticket purchase through the Website.  You understand and agree that Don’t Tell Comedy will not be held liable for any failure to complete a transaction entered into through the Website.  By utilizing Stripe and PayPal payment services, you are subject to their separate Terms found here: 

·       https://www.paypal.com/us/webapps/mpp/ua/useragreement-full

·       https://stripe.com/us/legal

and their separate Privacy Policies found here:  

·       https://www.paypal.com/us/webapps/mpp/ua/privacy-full

·       https://stripe.com/us/privacy.  

Don’t Tell Comedy has no responsibility or liability for the activities of the existing, or any future, third-party service providers used by Don’t Tell Comedy to offer the services associated with the Website.   

Don’t Tell Comedy will refund your ticket purchase up to twenty-four (24) hours before the show. Don’t Tell Comedy allows you to transfer your ticket for another future event of equal cost, as available, if you are unable to make the originally scheduled event or the originally schedule event gets cancelled.  Don’t Tell Comedy is not liable for any cancellation or delay of the event beyond refunding you the amount paid for your ticket.  

Venue

Don’t Tell Comedy organizes comedy events and sells tickets to a variety of venues that it does not own or control.  The owners, employees, agents and/or representatives of each venue reserve the right to refuse your entry or force your exit from the venue for any reason and prohibit illegal items from being within the venue.  Don’t Tell Comedy is not responsible or liable for and is under no obligation to refund your ticket purchase price in the event of any such refusal or forced exit.  In the event that you are under the age of 21, it is your responsibility to confirm that you are entitled to, under law, enter the venue.  

When you are attending an event at a venue, unless otherwise stated, you are allowed to bring your own food and beverages with you to enjoy.  No smoking is permitted.  You are solely responsible for any losses or damages to your personal property, and neither Don’t Tell Comedy nor the venue are liable for any losses or damages incurred while at the event or on the way to/from the event.  You agree to be respectful and not cause disruption to other people at the event. Don’t Tell Comedy will send an e-mail regarding the event’s venue at 12:00 PM the day of the event with additional information applicable to that particular venue. 

By purchasing a ticket and/or attending an event, you give consent to have your image, likeness, voice, or other information (“footage”) collected via photograph, videotape, or other digital recording method.  You agree to waive any and all rights to your image, likeness, or right of publicity in relation to this content.  All rights associated with the footage collected at venues belongs exclusively to Don’t Tell Comedy or the relevant third-party.  You also agree that any such footage may be used by Don’t Tell Comedy in any and all media for any purpose at any time throughout the world, including for commercial purposes without compensation or payment to you.  

Additional terms and conditions specific to the venue may apply and you agree to the same upon purchase of your ticket. 

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

•       Posting or transmitting content that:

•       Infringes upon the intellectual property rights of others;

•       Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;

•       Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;

•       Incites any illegal activity or unlawful sexual solicitation;

•       Relates to weaponry, controlled substances, gambling, or debt collection;

•       Raises support or defense of anyone alleged to be involved in criminal activity;

•       Impersonates another or is fraudulent, inaccurate, or misleading;

•       Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;

•       Intends to collect personal or personally identifiable information from others;

•       Violates any term or condition of this Agreement;

•       Using a robot, spider, scraper, or other automated technology to access the Website;

•       Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;

•       Attempting to gain access to the private data or personal information of a Website user or third party;

•       Circumventing Don’t Tell Comedy’s technological and physical security measures;

•       Suggesting an affiliation with or endorsement by Don’t Tell Comedy. 

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Don’t Tell Comedy by sending an email to info@donttellcomedy.com

Mobile Devices
The Website is fully accessible via a mobile device.  To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply.  Don’t Tell Comedy is not responsible for any fees or errors that occur while accessing the Website via mobile device. 

Section 230 of Communications Decency Act

You acknowledge and agree that Don’t Tell Comedy is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Don’t Tell Comedy may edit, remove, or control the content displayed through the Website, you agree that Don’t Tell Comedy will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Third Party Links

You understand that the Website may contain links to third party websites, applications, or services that Don’t Tell Comedy does not own or control. You agree that Don’t Tell Comedy will not be held responsible or liable for the content of third party websites, applications, or services and that Don’t Tell Comedy’s inclusion of those websites, applications, or services within its Website does not constitute Don’t Tell Comedy’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement or Liability

While Don’t Tell Comedy allows you to purchase tickets to events hosted at third-party locations, Don’t Tell Comedy does not endorse or recommend any venue, performer, product, service, content or communication provided at these events and is not liable or responsible for any damages sustained related thereto.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation and in no event a timeframe prior to completion of the event for which you purchased a ticket.  Don’t Tell Comedy may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

DON’T TELL COMEDY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR TICKET(S) PURCHASED THROUGH THE WEBSITE. DON’T TELL COMEDY PROVIDES THE WEBSITE AND TICKETS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

DON’T TELL COMEDY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. DON’T TELL COMEDY IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. DON’T TELL COMEDY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

DON’T TELL COMEDY WILL NOT BE HELD LIABLE FOR THE ACTS OF ANY VENUE HOST OR PERFORMER, INCLUDING, WITHOUT LIMITATION, RELATED TO ANY PRODUCT, SERVICE, CONTENT OR COMMUNICATION RECEIVED AS A RESULT OF A TICKET PURCHASE.

DON’T TELL COMEDY WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability

DON’T TELL COMEDY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR PURCHASE OF TICKETS AND ATTENDANCE AT ANY VENUE OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT DON’T TELL COMEDY CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR TICKETS THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO DON’T TELL COMEDY, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. DON’T TELL COMEDY IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Don’t Tell Comedy, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or tickets purchased through the Website, your reliance upon advice provided through the Website,  your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Don’t Tell Comedy under the terms of this Agreement will not provide you with the right to control Don’t Tell Comedy’s defense, and Don’t Tell Comedy reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Don’t Tell Comedy.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Don’t Tell Comedy may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website or any offering thereon.

Jurisdiction, Governing Law, and Resolution of Dispute

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of California without giving effect to any conflicts of laws principles.  The parties submit to and agree to personal jurisdiction in California, with venue proper in Los Angeles, California. 

YOU AND DON’T TELL COMEDY AGREE THAT ANY DISPUTE (whether arising in tort or contract and whether arising under statute or common law) brought by either of the Parties hereto, arising out of or in any way relating to this Agreement will be submitted to binding arbitration in Los Angeles County, California, before a sole arbitrator selected from Judicial Arbitration and Mediation Services, Inc., or its successor (“JAMS”), pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. If JAMS is no longer able to supply the arbitrator, such arbitrator will be selected from the American Arbitration Association, and such arbitration will be conducted in accordance with the provisions of California Code of Civil Procedure §§ 1280 et seq. as the exclusive forum for the resolution of such dispute. The arbitrator will follow any applicable federal law and California state law (with respect to all matters of substantive law) in rendering an award. At the conclusion of the arbitration, the Arbitrator will issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based. Any award or relief granted by the Arbitrator hereunder will be final and binding on the Parties hereto and may be enforced by any court of competent jurisdiction. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE HEREBY WAIVING ANY RIGHTS TO TRIAL BY JURY. The Parties further agree that in any proceeding to enforce the terms of this Agreement, the prevailing Party will be entitled to its reasonable attorneys’ fees and costs, including, without limitation, the costs of the arbitrator, the arbitration proceeding and any proceeding in court to confirm or to vacate an arbitration award, incurred by it in connection with resolution of the dispute in addition to any other relief granted. 

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Don’t Tell Comedy will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Don’t Tell Comedy inadvertently collects such personally identifiable information, Don’t Tell Comedy will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

DON’T TELL COMEDY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DON’T TELL COMEDY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Don’t Tell Comedy.

Privacy and E-mail Communication

Don’t Tell Comedy may collect the following personal or personally identifiable information from you:

·       First and last name;

·       Email address;

·       Billing address;

·       Shipping address;

·       Phone number;

·       And any other information that you voluntarily submit to the Website.

Don’t Tell Comedy may collect the following additional information from you:

·       Your IP address;

·       Your browser and search engine information;

·       Your device information;

·       Your visitor history;

·       Information stored in cookies, pixel tags, or web beacons;

·       Analytical data from Google Analytics;

·       And any other additional analytic data that you voluntarily submit to the Website. 

Don’t Tell Comedy may collect your personal information from you through various channels, including, but not limited to, your voluntary submission of information to the Website, through the collection and analysis of information concerning your computer and browsing activities, through use of cookies, and through other sources permitted by law.

Don’t Tell Comedy may use your personal information to provide you with the Website; process any requests made by you; process any ticket purchasers through the Website; communicate with you regarding ticket purchases, upcoming events, or promotions; and identify and fix problems with the Website.

Your personal information is stored and processed on computers and servers in the United States, and through your use of the Website and purchase of a ticket, you unequivocally consent to the processing and storage of your personal information.  Don’t Tell Comedy uses commercially reasonable efforts and standard technology to store and help prevent against the unauthorized disclosure of your information.  Though it undertakes commercially reasonable efforts to protect your information, no Website, software, or online service is completely safe.  Accordingly, you provide all such information at your own risk. 

When contacting the Website or signing up for our e-mail list, you are agreeing to receive email notifications from Don’t Tell Comedy.  The email notifications from Don’t Tell Comedy contain an unsubscribe feature that allows you to “opt out” from future notifications.

You agree that any third party processing, as identified herein, is subject to the privacy practices, and any privacy policy, of such third party processors.

Notice

Any notice required by this Agreement must be in writing, and must be mailed to:

Don’t Tell Comedy, LLC

820 S. Mansfield Ave, Apt. 409

Los Angeles, California 90036

United States

With a copy via e-mail to: info@donttellcomedy.com