DONKEY COMEDY NETWORK TERMS OF USE

Acceptance

By using and visiting this Donkey Comedy Network Website ("Website"), you agree to the terms and condition herein (the "Terms of Service") and the terms and conditions of Donkey Comedy Network's Privacy Policy published at http://www.247comedy.com, and incorporated herein by reference.  If you do not agree to any of these terms, then please do not use or continue to use the Donkey Comedy Network Website.

Access to Website

You have permission to use the Website as set forth herein, provided that: (i) your use of the Website is not for commercial use; (ii) you will not copy or distribute any part of the Website in without prior written authorization from Donkey Comedy Network; (iii) you will not alter any part of the Website other than as reasonably necessary to use the Website as intended; and (iv) you at all time comply with the terms and conditions herein.

You agree not to use or launch any automated system designed to access the Website in a manner and send unreasonably high volumes of messages to the Donkey Comedy Network servers. However, operators of public search engines are granted permission to use spiders to copy materials from the site in order to create searchable indices of the materials for the public, but not caches or archives of such materials. We reserve the right to modify or revoke these exceptions either generally or in specific cases. You agree not to collect any personally identifiable information, including account names, from the Website.

If you create and account, you must provide accurate and complete information. You are responsible for the security and activity that occurs within your account. You are required to notify Donkey Comedy Network of any security breach or other unauthorized use of your account. Donkey Comedy Network will not be liable for your losses caused by any unauthorized use of your account.  You may be liable for the losses of Donkey Comedy Network or others due to such unauthorized use.

Website

These Terms of Service apply to all users of the Website whether they are casual visitors or contributors of content or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Donkey Comedy Network. By using the Website, you expressly free Donkey Comedy Network from any and all liability arising from your use of any third-party website. You are encouraged to read the terms and conditions and privacy policy of each other website that you visit when you leave the Website.

User Submissions

The Website may permit the submission of videos or other content by useers ("User Submissions").  Donkey Comedy Network does not guarantee any confidentiality with respect to any submissions.

Instead, you are solely responsible for any User Submissions you submit and any consequences that may arise from posting or publishing them. You warrant that: (i) you own or have the necessary licenses to use and authorize Donkey Comedy Network 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 Service; and (ii) you have the proper written consent, release, and/or permission of any and all identifiable persons appearing in the User Submission. You retain all of your ownership rights.  However, by submitting the User Submissions to the Website, you grant Donkey Comedy Network a non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Donkey Comedy Network's (and its successor's) business, including without limitation for redistributing part or all of the Website in any media formats and through any media channels. You also grant each user of the Website a non-exclusive license to access your User Submissions, and to use them as permitted through the functionality of the Website and under these Terms of Service.

You agree that your User Submission will not: (i) publish falsehoods or misrepresentations that could damage Donkey Comedy Network or any third party; (ii) be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) be an advertisement or other solicitation of business. Donkey Comedy Network does not endorse any User Submission and disclaims any and all liability in connection with User Submissions. Donkey Comedy Network does not permit copyright infringing activities and infringement of intellectual property rights on its Website. Donkey Comedy Network reserves the right to remove content and User Submissions without prior notice and to terminate a User's access to its Website. Donkey Comedy Network also retains the discretionary authority to decide whether content or a User Submission is appropriate within the meaning of the terms herein.

In the event you are exposed to a User Submission that is inaccurate, offensive, indecent, or objectionable, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Donkey Comedy Network with respect thereto.  You also agree to indemnify and hold Donkey Comedy Network, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

In particular, if you are a copyright owner or an agent thereof and believe that any User Submission 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 with the following information in writing (see 17 U.S.C 512(c)(3) 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 the service provider to locate the material;
   (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   (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.
Donkey Comedy Network's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Donkey Comedy Network, LLC, 1600 Arch Street, Suite 204A, Philadelphia PA 19103. Email: copyrightagent@247comedy.com

Warranty Disclaimer

To the extent legally permitted, Donkey Comedy Network, its employees, officers, directors and agents disclaim all expressed or implied warranties made in connection with the Website and your use thereof. Donkey Comedy Network does not represent or warrant anything with respect to the accuracy or completeness of the content on the Website or any linked website.  Donkey Comedy Network does not assume any liability for (i) any errors or inaccuracies within the content; (ii) any personal injury or property damage that may result from your access and use of the Website; and (iii) any unauthorized use or access of the Website’s secured servers and/or any and all personal or financial information stored within; (iv) any viruses or the like which may be transmitted to or through the Website by any outside party.  Donkey Comedy Network does not warrant, endorse or guarantee any advertised product that may appear on the Website.

Limitation of Liability

IN NO EVENT SHALL Donkey Comedy Network, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Donkey Comedy Network WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Donkey Comedy Network SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Donkey Comedy Network from its facilities in the United States of America. Donkey Comedy Network makes no representations that the Donkey Comedy Network Website is appropriate or available for use in other locations. Those who access or use the Donkey Comedy Network Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Accepting Terms of Service

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 Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Donkey Comedy Network Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Donkey Comedy Network Website -- there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Indemnity

You agree to defend, indemnify and hold harmless Donkey Comedy Network, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Donkey Comedy Network Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Donkey Comedy Network Website.

Miscellaneous

You agree that: (i) the Donkey Comedy Network Website shall be deemed solely based in Pennsylvania; and (ii) the Donkey Comedy Network Website shall be deemed a passive website that does not give rise to personal jurisdiction over Donkey Comedy Network, either specific or general, in jurisdictions other than Pennsylvania. These Terms of Service shall be governed by the internal substantive laws of Pennsylvania, without respect to its conflict of laws principles. Any claim or dispute between you and Donkey Comedy Network that arises in whole or in part from the Donkey Comedy Network Website shall be decided exclusively by a court of competent jurisdiction located in Philadelphia County, Pennsylvania. These Terms of Service, together with the Privacy Notice at http://www.247comedy.com/privacy-policy and any other legal notices published by Donkey Comedy Network on the Website, shall constitute the entire agreement between you and Donkey Comedy Network concerning the Donkey Comedy Network Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Donkey Comedy Network's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Donkey Comedy Network reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Donkey Comedy Network Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Donkey Comedy Network AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Donkey Comedy Network WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.