Terms of Use

Your Acceptance

Please read this Terms of Use Agreement carefully before accessing or using this Comediva, LLC (hereafter referred to as “Comediva”, “we”, or “us”) Website. Comediva provides the comediva.com website and the website-related services (collectively, the “Website”) subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement.  By using and/or visiting the Website, you signify your agreement to the terms, conditions and notices contained in (1) this Terms of Use Agreement (the “Terms of Use Agreement”) and (2) Comediva’s Privacy Policy, found at comediva.com/privacy (the “Privacy Policy”) which shall collectively be referred to herein as the “Terms of Use” unless specifically stated otherwise.  By using the Website you agree to the Terms of Use and to abide by all rules, terms, conditions, restrictions and notices therein.  If you do not agree to the Terms of Use or anything contained in this Agreement, do not access or otherwise use the Website and exit this page before using, accessing, downloading, subscribing or installing Comediva technology and/or purchasing products and services from Comediva.

Please check this Terms of Use periodically for changes.  If we need to update our Terms of Use in the future, we will post the revised Terms of Use on the Website at comediva.com/terms and update the “Last Updated” date to reflect the date the Terms of Use was updated.  Through your continued use of the Website after we post any such changes, you accept the Terms of Use as modified.  Comediva reserves the right at any time, in its sole discretion, to (1) change or revise the Terms of Use and policies, and (2) change the Website, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion, data on or feature of the Website, and you agree to be bound by such modifications or revisions.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

If any of these rules or any future changes are unacceptable to you, you should immediately discontinue use of the Website.  Your continued use of the Website now, or following the posting of notice of any changes in this Agreement, will indicate acceptance by you of such rules, changes and/or modifications.  Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use Agreement.

The Comediva Website

These Terms of Use apply to all visitors, users and/or customers of the Website, including users who are also contributors of Content and other information, materials or services on the Website (collectively or individually “Users”).  “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Website.

The Website may contain links to third party websites that are not owned or controlled by Comediva. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Comediva or any of its employees, officers, agents or other representatives.  While Comediva works to ensure the information on the Website is current and accurate, Comediva does not warrant the accuracy of any information contained on the Website or its fitness for any particular purpose.  Comediva has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Further, Comediva will not and cannot censor or edit the content of any third party websites.  By visiting and/or using the Website, you expressly relieve Comediva from any and all liability arising from your use of any third party website.  Comediva hereby disclaims any and all liability arising from your use of or access to any third party website, including but not limited to, any information, materials, products or services posted or offered at any third party website. Comediva encourages you to conduct your own research and due diligence regarding such third parties and their products and services.

Comediva Accounts

In order to access some features of the Website, you will need to create a Comediva account. We may require you to provide us with certain information about you (e.g., your name, e-mail address, etc). Providing us with your personal information is your choice.  Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form(including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate this Terms of Use Agreement and your use of the Website (or any portion thereof) or your participation in any activity contained on the Website.

Furthermore, we may refuse to grant you a log in email address that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion.  You will be responsible for the confidentiality and use of your log in email address and password and agree not to transfer or resell your right to use or access the Website or participate in any activities contained on the Website to any third person or party.  In the event a Website user is a company or other entity, the entity hereby agrees that it is responsible for the confidentiality and use of the log in email addresses and passwords of the entity and agrees not to transfer or resell its right to use or access to the Website or participate in any activities contained on the Website to any third person or party outside the entity.  If you have reason to believe that your log in email address or password is no longer secure, you must: (i) promptly change your password by visiting the Website, and (ii) immediately notify us of the problem at privacy@comediva.com. You may never use another’s account without permission. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and the failure to do so may permit other persons having access to your computer to use, or modify, your account.  If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized. Although Comediva will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Comediva or others due to such unauthorized use.

If you would like your Comediva account deleted or for any other account related inquiries, please email us at privacy@comediva.com.

Website Access – Code of Conduct

Subject to the Terms of Use set forth herein and any third party restrictions, Comediva grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the Website to (a) incidentally view, print and download images, text, graphics, photographs, audio, video and other Content to the extent made available by Comediva for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of merchandise on the Website or links found on the Website; provided you retain all Comediva copyrights and proprietary notices contained in the original materials or any copies thereof.  Without limiting the foregoing, Comediva hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (1) your use of the Website as permitted is solely for your personal, noncommercial use; (2) you will not copy, distribute, display, transmit or reproduce any part of the Website in any medium without Comediva’s prior written authorization; (3) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (4) you will otherwise comply with the terms and conditions of these Terms of Use.

Furthermore, while using the Website you agree not to:

  • Restrict or inhibit any other user from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website;
  • Use the Website for any unlawful purpose or in any manner not intended by Comediva or as contemplated herein and on the Website;
  • While using the Website, engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, stalking, abusive or otherwise objectionable behavior;
  • Institute an attack upon any server used in connection with the Website or any portion thereof or otherwise attempt to disrupts such servers;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Fraudulently impersonate any person or entity;
  • Use the Website to harm minors in any way;
  • Knowingly transmit: (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Upload, post, email transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website;
  • Use the Website in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Comediva, its affiliates, or any third party;
  • Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website;
  • Link the Website or any content thereon to any third party website or portion thereof that contains any gaming, pornographic, obscene, vulgar, illegal or otherwise objectionable or questionable content;
  • Upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents. Notwithstanding the foregoing, Comediva grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Comediva reserves the right to revoke these exceptions either generally or in specific cases; or
  • Harvest or collect any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions.

While visiting and/or using the Website, you agree to comply with all applicable laws, rules and regulations.
By posting information or other Content on the Website or by making such information available for downloading by you, Comediva does not waive any proprietary right in and to the Content or Website (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Comediva Website or Content except for the limited license expressly granted herein.

Intellectual Property Rights

The Content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Comediva, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Comediva and its affiliated companies retain all rights regarding their trademarks, trade names, service marks, brand names and trade dress.

All trademarks and all associated logos or images are registered and/or common law trademarks of Comediva, LLC, its licensors or its affiliates, or are the property of third parties (in which case Comediva makes no claim of ownership rights therein).

The compilation and arrangement of all content, data and other information found within the Website are also the sole and exclusive property of Comediva and its licensors and is protected by U.S. and international intellectual property laws.  The “look and feel” of the Website, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Comediva and its licensors and fully protected under U.S. and international intellectual property laws.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Comediva reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

You understand that when using the Website, you may be exposed to Content and User Submissions from a variety of sources, and that Comediva is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content and User Submissions. You further understand and acknowledge that you may be exposed to Content and User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Comediva with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Comediva, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.

Your User Submissions and Conduct

The Website may now or in the future permit the submission of comments, ratings, videos, suggestions, ideas, graphics, data, content and other information submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Comediva does not guarantee any confidentiality with respect to any submission.

Except as otherwise provided herein, any and all User Submissions that you transmit to Comediva through the Website shall remain your sole and exclusive property, and you shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them.  You affirm, represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Comediva to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (2) you have the necessary written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Comediva, you hereby grant Comediva its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenesable (through multiple tiers) and transferable license to use, reproduce, prepare derivative works of, transmit or otherwise distribute, perform, publicly perform and display the User Submissions for any legal purposes whatsoever now known or hereinafter becomes known including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, prepare derivative works of, transmit or otherwise distribute, perform, publicly perform and display the User Submissions as permitted through the functionality of the Website and under these Terms of Use.

Any User Submissions you provide to Comediva will be deemed public information and not subject to any confidentiality obligation and Comediva shall have no obligation to maintain its confidentiality except to the extent the User Submissions contain personal identifiable information, in which case, Comediva’s Privacy Policy shall govern Comediva’s use of such information.

In connection with User Submissions, you waive the right to make any claim against Comediva or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, including but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or transmitted to us by you.  You further warrant that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the content and to grant Comediva all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Comediva or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

Comediva does not endorse any User Submission submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Comediva expressly disclaims any and all liability in connection with User Submissions. Comediva does not and cannot review all User Submissions posted to or created by Users accessing the Website and is not in any manner responsible for the content of these communications or the activities of the Users.  You acknowledge that by providing you with the ability to view and distribute user-generated Content through the Website, Comediva is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the Content or the User’s activities.  Comediva and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content.  Comediva and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation.

Notwithstanding the foregoing, Comediva does not permit copyright infringing activities and infringement of intellectual property rights on the Website and will remove all Content and User Submissions if properly notified that such Content and User Submission infringes on another’s intellectual property rights. Comediva reserves the right to remove Content and User Submissions without prior notice and in its sole discretion.

Affiliate Disclosure

Comediva may be enrolled in affiliate programs such as ShareASale.  The links on this and any other page of Comediva.com may include an affiliate code or link. That means if you follow a link and/or buy something from a site linked to this website, or based on the recommendation of this site, either expressed or implied, Comediva may receive an affiliate commission.

Text and image ads that appear on this site may be provided by a third party, for example ValueClick Media. Comediva does not endorse the products and services advertised in these ads. These companies are not affiliated with this website.

Termination Policy

Comediva may terminate or suspend your access to and use of the Website (or any part therof) at any time and for any reason whatsoever, including, without limitation, for lack of use by you or if Comediva believes that you have violated or acted inconsistently with the Terms of Use.  Comediva reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Website without notice.

Comediva may terminate a User’s access to the Website if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Comediva also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Comediva may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Your obligations under this Terms of Use continue even after Comediva has terminated and/or cancelled this agreement or your access to the Website.  Any provision that by its nature survives shall survive termination, expiration or cancellation of this Terms of Use including, but not limited to, the license granted by you to Comediva for use of your User Submissions.

Digitial Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submissions or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (pending) with the following information in writing (please confirm these requirements with your legal counsel or see 17 U.S.C 512(c)(3) of the Copyright Act for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) 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 Comediva to locate the material;

(iv) Information reasonably sufficient to permit Comediva to contact you, such as an address, telephone number, and, if available, an email address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) 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 an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the Notice Requirements in writing, your DMCA Notice may not be valid and that Comediva may ignore such incomplete or inaccurate notices without liability of any kind.

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

Comediva’s Designated Copyright Agent for notice of claims of copyright can be contacted using the following:

By mail:

Comediva
P.O. Box 11583
Burbank, CA 91510

By email: copyright@comediva.com

Only DMCA notices should go to the Copyright Agent.  The Copyright Agent will not respond to any other inquiries.  Any other feedback, comments, requests for technical support, and other communications should be directed to Comediva customer service through contact@comediva.com.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY CONTENT AND SERVICES PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMEDIVA, ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

COMEDIVA AND ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,  OR THAT THE WEBSITE WILL MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS.

YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND MATERIALS AND YOUR RELIANCE THEREON.

COMEDIVA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

COMEDIVA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMEDIVA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NO OPINION, ADVICE OR STATEMENT OF COMEDIVA OR ITS AFFILIATES, LICENSORS, CUSTOMERS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY.

You acknowledge and agree that Comediva and its respective respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your User Submissions; (ii) any User Submissions sent or received or not sent or not received and (iii) any User Submissions stored on storage devices owned, operated or controlled by Comediva.

Comediva may make changes to the Content within the Website or to the products or services described in it, at any time without notice to you.  Comediva and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the Website.  The materials in the Website may be out of date or inaccurate, and Comediva and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content.  Any material downloaded or otherwise obtained by you through the use of the Website is done at your sole discretion and risk.  You will be solely responsible for any damage to your computer systems or loss of data that results from downloading of any content including, but not limited to, damage caused by viruses and other forms of malware or badware.

Some states do not permit limitation or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

IN NO EVENT SHALL COMEDIVA BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITES OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO THE FOLLOWING: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMEDIVA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (VII) CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR CONTENT CONTAINED ON THE WEBSITE, THE CONTENT, USER SUBMISSIONS, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIRD PARTIES APPEARING ON THE WEBSITE; OR (VIII) THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE WEBSITE.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, CONTENT OR LINKED WEBSITE, AS APPLICABLE.  THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMEDIVA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO COMEDIVA, IF ANY, TO ACCESS THE WEBSITE.

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY COMEDIVA OR ANY OF ITS EMPLOYEES. YOU HEREBY ACKNOWLEDGE THAT COMEDIVA IS NOT LIABLE FOR THE DEFAMTORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  COMEDIVA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY THIRD PARTY CONTENT OR USER SUBMISSION ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THE WEBSITE, NOR DOES COMEDIVA WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN THIRD PARTY CONTENT OR A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND COMEDIVA OR A REPRESENTATIVE OF COMEDIVA SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. COMEDIVA RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.

SOME STATES DO NOT PERMIT LIMITATION OR EXCLUSIONS OF LIABILITY FOR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL INFORMATION, MATERIAL AND CONTENT ON THE WEBSITE.

Indemnification

You agree to indemnify, defend and hold Comediva, its directors, officers, employees, agents, and affiliates harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your use of the Website or breach of these Terms of Use.

Product Displays/Colors & Specifications

The Website may display product images shown through it as accurately as possible.  However, Comediva and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the Website, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected. Features, pricing and specifications of products and/or services described or depicted through the Website are subject to change at any time without notice.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  By using the Website, you represent and warrant that you have the right, authority, and legal capacity to enter into this agreement and to abide by all of the terms and conditions of the Terms of Use.

You further affirm that you are over the age of 13 as the Comediva Website is not directed to or intended to be used by children under 13 (or under 18 for that matter).  IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE THE WEBSITE.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Comediva without restriction.

Privacy and Security

You understand that any information provided by you or collected by us in connection with your use of the Website will be used in the manner described in this Terms of Use and in the terms and conditions of our Privacy Policy.  The Privacy Policy is incorporated herein by reference.  Please read our Privacy Policy for more details.  If you do not agree to the terms of the Privacy Policy you may not use the Website.

The Website resides on the public internet.  Comediva uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to Comediva and information stored on servers controlled by Comediva.  Notwithstanding these efforts and without limiting the terms of the Privacy Policy, you understand that (1) Comediva cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom, and (2) Comediva does not guarantee that your use of the Website and/or the information provided by you will be private or secure, and Comediva is not responsible or liable to you for any lack of privacy or security you may experience.

You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website.

Statute of Limitations. Any claim or cause of action arising out of or related to use of the Website, the Content or these Terms of Use must be filed within one (1) year after such claim or cause or action arose regardless of any status or law to the contrary.  In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Restriction to the United States of America and its territories.  Comediva controls and offers the Website from facilities in the United States of America, and makes no representations that the Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  We reserve the right to limit the availability of the Website and/or the provision of any service or product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. To the extent any applicable local laws prohibit your viewing and use of the Website, you may not view or use the Website.
Compliance with Applicable Laws.  Comediva reserves the right at all times to disclose any information as Comediva deems necessary to satisfy any applicable law, regulation, legal process or governmental request.  Subject to the terms and conditions set forth in this Terms of Use, you may use the Website only for lawful purposes.  You agree that you shall at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances.

Acknowledgements. The information obtained pursuant to this Section will only be used for the purpose of identifying persons or entities not in compliance or believed by Comediva to not be in compliance with this Agreement and any and all other Comediva rules, policies, notices and/or agreements.  You hereby agree and acknowledge that: (a) Comediva has the right to obtain without notification to you certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) Comediva has the right to obtain without notification to you non-personal information from your connection to the Website for demographic purposes; and (c) Comediva has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including, but not limited to, your computer’s random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use “hacks.”

Jurisdiction

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Comediva, either specific or general, in jurisdictions other than California. These Terms of Use is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law.  You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

General Provisions

These Terms of Use, together with the Privacy Policy at http://comediva.com/privacy and any other legal notices published by Comediva on the Website, shall constitute the entire agreement between you and Comediva concerning the Website. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This agreement may be supplemented by any other written agreement you enter into with Comediva pursuant to your enrollment and/or participation in other features of the Website.  This Agreement is not assignable, transferable or sublicensable by you except with Comediva’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  Comediva reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

Electronic Delivery Policy and Your Consent

By using the Website, you consent to receive from Comediva all communications including notices, agreements, legally required disclosures or other information in connection with the Website (collectively “Contract Notices”) electronically.  Comediva may provide such electronic Contract Notices by posting them on the Website.  If you choose to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website.

Please read the Website’s Privacy Policy.

Last Updated:  February 24, 2014


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