Terms and Conditions
Terms of Use
The Internet web site for the Las Vegas Comedy Festival is provided to you at the Uniform Resource Locator of www.lvcomedyfestival.com. As the end user customer ("Customer") you operate the web site at your own risk. Reasonable and diligent work has been made to make the site and its downloads are free of various forms of viruses and malware. Las Vegas Comedy Festival is hereby known as “The Service.”
The Service is provided subject to the terms and conditions set forth in this Terms of Use ("the Terms of Use") as indicated at www.lvcomedyfestival.com
By connecting to the Service, you are agreeing to the Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS THE SERVICE.
YOU ARE STRICTLY PROHIBITED FROM ENGAGING IN ANY OF THE PROHIBITED ACTIVITIES SET FORTH IN SECTION 2 BELOW (INCLUDING, WITHOUT LIMITATION THE UNAUTHORIZED DOWNLOADING OR UPLOADING OF COPYRIGHTED MATERIALS SUCH AS MOTION PICTURES OR MUSIC). SUCH PROHIBITED USE MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL PENALTIES.
- Customer Responsibilities:
- Equipment. Customer is responsible for providing the necessary consumer equipment to use the Service, such as laptop or tablet and Wi-Fi enablement. Las Vegas Comedy Festival will not provide any equipment to you or the end user to see the videos.
- Charges. If the Service is made available to you for a fee, you agree to pay all charges associated with the Service. These charges will include any taxes or surcharges. Customer hereby authorizes Las Vegas Comedy Festival to charge Customer's credit card. Customer agrees that it is responsible for any charges incurred while using the Service to make purchases.
- Content. The Internet is a public forum, and therefore some of the material posted on websites may be offensive to you. Las Vegas Comedy Festival provides access to the Internet but is not responsible for the content posted on third party sites. Customer is solely responsible for any content transmitted to and from Customer's device through the Service, and Customer is responsible for taking appropriate precautions to prevent minors from receiving inappropriate content. Las Vegas Comedy Festival has no obligation to monitor content through the Service. Some of the videos have swear words and other offensive language. It is the Customer’s responsibility to keep this language away from minors.
- Viruses; Security Protection. Customer is responsible for virus and security protection for any Customer device connected to the Service. If Customer's device is infected with a virus, this may result in damage to Customer's software, hardware, files, and theft of data. Customer should be aware that wireless transmissions are not always as secure as wireline transmissions, and Customer's transmissions could be intercepted by unauthorized persons.
- Data Backup. Customer is responsible for backing up all existing computer files by copying them to another storage medium prior to using the Service.
- FTP/HTTP Server Setup. Customer should be aware that when using the Service to access the Internet or any other online service, there are certain applications, such as FTP (File Transfer Protocol) server and HTTP (Hyper Text Transfer Protocol) server, which may be used to allow other Service users and Internet users to gain access to Customer's device. If Customer chooses to run such applications, Customer should take the appropriate security measures.
- Customer shall not:
- Invade another person's privacy, stalk, harass, or otherwise violate the rights of others;
- Harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful;
- Post, transmit, or disseminate content which violates any proprietary rights of any third party, or is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable;
- Post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, federal or international law, order or regulation;
- Access any other person's device, software, or data of any other person without the knowledge and consent of such person;
- Upload, download, post, publish, transmit, reproduce, create derivative works of, or distribute in any way, information, video, software or other material obtained through the Service which is protected by copyright or other proprietary right, without obtaining permission of the owner. Las Vegas Comedy Festival assumes no responsibility, and Customer assumes all risks regarding the determination of whether material is in the public domain, or may otherwise be used by the Customer for such purposes. Customer may not use the videos watched and downloaded for commercial purposes in any way. For rights to using the videos for commercial purposes, please contact the Las Vegas Comedy Festival for pricing.
- Resell the Service or otherwise charge others to use the Service, or copy or distribute any software provided by Las Vegas Comedy Festival. This Service is for personal use only and Customer agrees not to use the Service for operation as an Internet Service Provider or for any other business enterprise in competition with the Service;
- Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the Equipment or the Service, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful feature; or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
- Use the Service to breach or attempt to breach the security of another user or attempt to gain access to any organization or person's device, software, or data without the knowledge and consent of such person. The Equipment and the Service may not be used in any attempt to circumvent the user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for Customer, logging into or making use of a server or account Customer is not expressly authorized to access, or probing the security of other networks or devices for any reason. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited;
- Disrupt Las Vegas Comedy Festival's network or interfere with device networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to "crash" a host;
- Operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing server-like functionality in connection with the Service;
- Take part in any fraudulent activities, including impersonating any person or entity or forging anyone else's digital or manual signature;
- Use the Service to send bulk, commercial or unsolicited ("spam") email messages. The Service may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services that violate this Terms of Use or the acceptable use policy of any Internet service provider. In addition, "mail bombing," the sending of numerous copies of the same or substantially similar messages or very large messages or files with the intent to disrupt a server or account, is prohibited; or
- Reference Las Vegas Comedy Festival in the header or body of an unsolicited email, or list an IP address that belongs to Las Vegas Comedy Festival in any unsolicited email. Further, Customer may not take any action which implies that Las Vegas Comedy Festival is the sponsor of any unsolicited email even if that email is not sent through the Las Vegas Comedy Festival network. Further, forging, altering or removing electronic mail headers is prohibited.
Engaging in any of the activities listed above may result in immediate termination of the Service and Las Vegas Comedy Festival may exercise all remedies available to it in law or in equity, including, but not limited to, injunctive relief, criminal and civil charges, and refusal to provide future Service to Customer.
Customer agrees to indemnify and hold harmless Las Vegas Comedy Festival and each of its respective affiliates, officers, directors, subcontractors, employees and agents, from any claims, losses, or expenses of any kind (including, but not limited to attorneys' fees) arising from Customer's use or attempted use of the Service, including, but not limited to, use of the Equipment or the Service in any manner prohibited under these Terms of Use.
- MONITORING AND COLLECTION OF DATA
When Customer uses the Service, Las Vegas Comedy Festival will track and store the IP address of the access point and may track the MAC address or unique identifier of the Customer's device accessing the Service. Las Vegas Comedy Festival may also monitor the traffic for network management and security purposes, such as identifying malware, spammers, protocols used, the amount of bandwidth consumed, child pornography and other abuses. Las Vegas Comedy Festival may provide this information to law enforcement personnel pursuant to lawful subpoena or court order. By using the Service, Customer acknowledges and agrees that Las Vegas Comedy Festival has the right to monitor electronically to operate the Service properly, or to protect itself or its subscribers, and to disclose any information as necessary to satisfy any law, regulation or other governmental request. Las Vegas Comedy Festival may offer location-based advertising based upon the location of the Wi-Fi access points.
- Termination.
If Customer violates any term of this Terms of Use, Las Vegas Comedy Festival may immediately terminate this Terms of Use and Las Vegas Comedy Festival's provision of the Service, and may prevent Customer from accessing the Service again. Customer may terminate at any time by ceasing use of the Service.
- NO WARRANTY AND LIMITATION OF LIABILITY
- THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
- LAS VEGAS COMEDY FESTIVAL DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE VIDEO IS AS FUNNY AS THE CUSTOMER’S EXPECTATIONS. NO WARRANTY IS MADE THAT THIS OPERATION WILL BE ERROR FREE. PERFORMERS AND PEOPLE WHO HAVE AUDITIONED FOR THE LAS VEGAS COMEDY FESTIVAL HAVE SIGNED A WAIVER GIVING THE LAS VEGAS COMEDY FESTIVAL THE RIGHTS TO SELL THIS VIDEO OF THEM, AND THEIR LIKENESS IN ANY FORM NOW AND INTO PERPETUITY.
- IN NO EVENT SHALL LAS VEGAS COMEDY FESTIVAL OR THE OWNER THROUGH WHICH YOU ARE ACCESSING THE SERVICE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING WITHOUT LIMITATION, ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, CORRUPTED DATA, OR VIRUS INFECTION, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE.
- Although Las Vegas Comedy Festival has taken commercially reasonable steps to provide a secure system within limitations existing in network and device infrastructure, Las Vegas Comedy Festival does not warrant or guarantee that communication over the Service shall be secure from monitoring or tampering, nor that information stored on any device connected to the Service shall be secure from monitoring or tampering. Because of this, any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by Customer is sent at Customer's sole risk and Las Vegas Comedy Festival shall have no liability whatsoever for any claims, losses, action, damages, suits or proceedings arising out of or otherwise relating to such actions by Customers.
- Nothing contained in this Terms of Use shall be construed to limit Las Vegas Comedy Festival's rights and remedies available at law or in equity.
- Multiple Users. Customer acknowledges that Customer is executing this Terms of Use on behalf of all persons who use the Equipment and/or Service through Customer's computer or other device. Customer shall have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Terms of Use. Customer further acknowledges and agrees that Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Terms of Use, whether such breach is caused by Customer or by any other third party using the Service with Customer's computer or other device.
- Amendment. Las Vegas Comedy Festival may, in its sole discretion, change, modify, add or remove portions of this Terms of Use, and the Service provided hereunder, at any time.
- Governing Law. This Terms of Use shall be exclusively governed by, and construed in accordance with, the laws of the State of Nevada. Customer may not bring any claim, suit or proceeding more than (1) year after the date the cause of action arose.
- General. This Terms of Use constitutes the entire agreement and understanding between the parties and supersedes and replaces any and all prior written or verbal agreements with respect to the subject matter of this Terms of Use. In the event that any portion of this Terms of Use is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. Las Vegas Comedy Festival's failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Terms of Use. This Terms of Use may not be assigned or transferred by Customer. This Terms of Use is freely assignable by Las Vegas Comedy Festival to third parties.