CRACKED WALL COMEDY THEATER
TERMS OF USE AGREEMENT AND PRIVACY POLICY
Cracked Wall Comedy Theater, LLC, also known as, and referred to herein as, “CWCT” and “Cracked Wall Comedy Theater,” 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,” “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 under the CWCT Terms of Use and the CWCT Privacy Policy may differ from the rights granted under applicable local law in your primary place of residence. In all such cases, should the terms presented herein conflict with those rights, you agree that to the extent allowed by applicable law, the rights granted under this CWCT Terms of Use and the CWCT Privacy Policy shall prevail and be controlling.
In using this website, you agree that a legal contract is in effect between you and Cracked Wall Comedy Theater, a Florida Limited Liability Corporation with a mailing address at Cracked Wall Comedy Theater, LLC,10380 SW Village Center Drive, #360,Port St. Lucie, FL 34987. 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 policy. Do not use the site if you do not agree to all of the terms and conditions listed herein. CWCT 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 Cracked Wall Comedy Theater, 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 Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater.
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, entertainment, and commercial purposes. As stated in greater detail below, guests may use this site as a means of learning about CWCT shows and scheduled online performances, and as a means of reserving or purchasing tickets for, or otherwise gaining access to, performances of CWCT online shows.
2. RESPONSIBLE USE OF THIS SITE
The entire CWCT website, including the CWCT logo, is copyrighted 2020 by Cracked Wall Comedy Theater. You are permitted to re-postpromotional videos and other material from the site other than actual CWCT shows on Facebook, Instagram, 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 Cracked Wall Comedy Theater 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. It is emphasized that you do not have any rights in and to recorded performances of Ronald Jay Cohen’s FROZEN STYPH, 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, including but not limited to recording and re-broadcasting a CWCT performance On YouTube or on any other media. Transfer of title to videos, other materials, or any intellectual property owned by Cracked Wall Comedy Theater may only be made by a writing executed by Cracked Wall Comedy Theater and the party or parties involved and any unauthorized use or exhibition of a CWCT play, in whole or in part, may subject the violator to civil penalties and criminal prosecution to the full extent allowable by copyright law and other applicable law. Your use of any CWCT property must be responsible and reasonable and you unconditionally agree to indemnify CWCT against any loss CWCT suffers or reasonably 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. You agree not to attempt to gain unauthorized access to CWCT data, files, or other electronically stored information, nor attempt in any manner to control or alter the functionality of this website.
As elaborated on below, in consideration of being a part of the virtual audience for a CWCT play, regardless whether you paid to be an audience member or became one on a complimentary basis, you unconditionally and irrevocably license CWCT to use your likeness and voice not only in the performance that you virtually attend, but in any rebroadcast or other rendering of that same performance of the show, in perpetuity, anywhere in the world, on digital media, or on any other media now known or yet to be created. CWCT retains the right to edit said performance at CWCT’s sole discretion.
Responsible use of this site takes into account the mission of CWCT which is to provide a fun, interactive, theater experience for all online participants. In order for CWCT to fulfill that mission, any guest who is part of the virtual audience for a CWCT performance may be called upon, with little or no advance notice, to perform a brief cameo appearance, in which they spontaneously contribute content of an improvisational nature to the show. It is imperative that each audience member understands and agrees that in order for the performance to be an enjoyable and comedic interactive theater experience for all, the show must be free of verbal and nonverbal communications that are, or may be perceived to be, genuinely malevolent, hateful, prejudiced, bigoted, or defamatory to any known person or group. Therefore, when contributing content, verbal or nonverbal, to a CWCT performance, all guests agree that their communications will be free of audio or video content that may reasonably be judged to be hateful, violent, vulgar, obscene, pornographic, or otherwise offensive.
3. NOTICE REGARDING MOBILE SERVICES
Access to this website through a mobile network may incur network or roaming or other fees. CWCT assumes no liability if viewing video or other materials on this site, or uploading or downloading of materials on this site, or any other use of this site, is prohibited or in any way restricted by your network provider.
4. NOTICE REGARDING THIRD-PARTY SERVICES
CWCT 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 Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater.
5. NOTICE REGARDING LIMITATION OF LIABILITY
During the course of an online performance of a CWCT play, all guests understand and agree that their likeness and their voice may, at the sole discretion of CWCT, be inserted into the performance for broadcast and subsequent rebroadcast. At the sole discretion of CWCT, some guests may be represented in brief cameos to be a speaking or non-speaking character within the show as part of the performance. Accordingly, attendance in the virtual audience of a performance of a CWCT play, regardless whether such attendance is paid or complimentary, is granted in consideration of the guest’s understanding and agreement that as part of the virtual audience, the guest unconditionally and irrevocably grants CWCT a royalty-free license to use their video image or likeness, and/or their voice, within the show that they virtually attend, as well as any recordings or rebroadcasts of that show, in any venue, at any time in perpetuity, on any media that exists now or is yet to be created, around the world, and edited or not at the sole direction of CWCT. Under no conditions shall CWCT or any of its owners or agents be held liable for any losses, actions, claims, proceedings, demands, costs, expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, in relation to, or arising out of the use of the content of CWCT online performances, including but not limited to any and all content that includes your likeness and voice, or that of any other CWCT guest or actor.
Use of this website is provided “as is” and “as available” and Cracked Wall Comedy Theater 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.
6. 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 Florida law
A) WE COLLECT AND USE INFORMATION FROM THIS SITE
We may 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). Such information may be collected when you contact us for any reason.
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 CWCT could acquire it.
Unless prohibited under applicable law, Cracked Wall Comedy Theater, 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 Cracked Wall Comedy Theater 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, including but not limited to audio/visual recordings of you and other audience members collected by Cracked Wall Comedy Theater during the usual course of a CWCT performance, may be rebroadcast or otherwise used for any reasonable commercial purpose by CWCT. CWCT may, for any reason under applicable law, share such information with CWCT-selected, third-party companies for any reasonable commercial purpose. Third-party companies may 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 Cracked Wall Comedy Theater shall have no liability for the use or storage of such information by third-party companies. Should Cracked Wall Comedy Theater cooperate with a financial institution to offer co-branded products or services to you, we will do so only if permitted by applicable 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
Cracked Wall Comedy Theater has taken reasonable precautions to protect the security, integrity and confidentiality of any information collected on this site, including but not limited to information related to credit card and PayPal transactions, and information related to content that is user-uploaded to the site. Although reasonable safeguards are in place to protect such information from unauthorized access, disclosure, use and modification, users of this site understand and agree that Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater or its authorized agents, including but not limited to third parties who operate or maintain this site or provide security services for it.
C) CHANGE IN PRIVACY POLICY OR OTHER POLICIES
Users of this site understand and agree that Cracked Wall Comedy Theater 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, Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater, including but not limited to or from YouTube, and site visitors are strongly encouraged to acquaint themselves with the privacy policy and other policies in force at such third-party sites.
F) QUESTIONS & COMMENTS
Questions and comments about this CWCT website may be addressed to:
admin@crackedwallcomedytheater.com
7. BINDING ARBITRATION AND CLASS ACTION WAIVER
You and the CWCT agree to arbitrate all disputes between you and Cracked Wall Comedy Theater or its affiliates, except disputes relating to the enforcement of Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater 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, LLC, 10380 SW Village Center Drive, #360,Port St. Lucie, FL 34987, Attention: Legal/Arbitration Notice. Cracked Wall Comedy Theater will send any notice of dispute to you at the contact information we have for you. You and Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater may commence arbitration. If you and Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater’s legal expenses. Neither you nor Cracked Wall Comedy Theater 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 Cracked Wall Comedy Theater 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.
8. 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.
9. SURVIVAL
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
10. 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.
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.