WEBSITE TERMS OF USE
OVERVIEW
Welcome to the comedeme.com website (the “Site”). The following, along with the Privacy Policy (see below)are terms of a legal agreement between you and Smart Mouth Entertainment, LLC (“Owner”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Site.
The material provided on the Site is protected by law, including, but not limited to, United States Copyright law and international treaties. Owner makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.
Owner may at any time revise these Terms of Use, the Terms, and any other information contained in the Site by updating this posting or other Terms. If Owner makes such revisions, you will be notified via a notation that the Terms of Use or other Terms are new next to the link to the Terms. A notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site constitutes your consent to any updates to the Terms.
PERMISSIBLE USE
The comics on the Site are subject to an Attribution-Non-Commercial-NoDerivatives 4.0 International Creative Commons license. You can see the “human-readable” version of the license by clicking here, or the full legal terms of the license by clicking here. The Site and all content on the Site (other than the comics) may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Owner’s prior written consent, except that Owner grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with Owner) use of the Site. Owner further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Owner, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.
You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Owner name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.
The Site is not intended for and does not knowingly solicit or collect information about children under the age of 13. Should Owner learn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible.
Your failure to comply with the terms, conditions, and notices on the Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Owner does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
DISCLAIMERS REGARDING CONTENT
Information on the Site is not promised or guaranteed to be correct, current, funny, or complete, and the Site may contain inaccuracies or typographical errors. Owner assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy, comedy, or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let Owner know by emailing kshroth@comedeme.com.
Owner provides no assurances that any reported problems will be resolved, even if Owner elects to provide information with the goal of addressing a problem.
CONFIDENTIAL INFORMATION AND SUBMISSIONS
The Site does not collect confidential information from you, except to the extent that you submit it via email or other means. Owner does not want to receive confidential or proprietary information from you through the Site, e-mail or other means. Therefore, any information or material sent to Owner will be deemed NOT to be confidential. You are welcome to send non-proprietary suggestions and ideas; by sending Owner any ideas, suggestions, information, or material, you grant Owner an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those ideas, suggestions, materials, or information. You also agree that Owner is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
OUTSIDE WEBSITES
The Site may provide links or references to other websites and resources. Owner does not own or control these third-party websites, and these Terms of Use do not apply to them. Owner makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that Owner endorses the content or use of such website or its owner. In addition, Owner is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that Owner is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a third-party website, even one that may contain the Owner name or logo, please understand that it is independent from Owner, and that Owner does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
INTELLECTUAL PROPERTY
The collections and information featured on the Site are produced, distributed and owned by Owner. The images and information published on the Site, including all webcomics, are the intellectual property of Owner. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Owner owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Owner intellectual property, in whole or in part.
The Comedeme and Stand Up Comedeme names are registered trademarks of Owner. These, along with any other trademarks, service marks, and logos used and displayed on the Site are registered and unregistered trademarks of Owner. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Owner. Owner aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Owner’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.
All rights reserved.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OWNER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, OWNER MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, AMUSING, OR ERROR-FREE OR THAT DEFECTS IN THIS WEB SITE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
DISPUTES
You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in or nearest to Johnson County, Iowa, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Owner has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Last revised: Feb. 4, 2021.
WEBSITE PRIVACY POLICY
Welcome to comedeme.com (the “Site”). Smart Mouth Entertainment, LLC (“Owner”) is committed to maintaining the privacy and security of your personal information. “Personal Information” means information that identifies you personally, including your name, physical address, email address, phone number, or credit card information. As part of our commitment to the privacy and security of your Personal information, Owner has developed this Privacy Policy to make you aware of our information gathering practices and how we use the information we receive.
By using the Site, you signify your agreement to the terms of this privacy policy (the “Privacy Policy”). If you do not agree to this Privacy Policy, please do not use the Site. Owner reserves the right, in its sole discretion, to modify, alter or otherwise update this Privacy Policy at any time. You will be notified of changes to the Privacy Policy via a notation next to the link to the Privacy Policy from the main page of the Site stating that the Privacy Policy is new. The last date on which the Privacy Policy was updated will always appear at the bottom of the page. By continuing to use this Site after changes to the Privacy Policy are posted, you agree to these modifications, alterations and/or updates.
Please also review the Terms of Use (see above) of the Site, to which the Privacy Policy forms a part.
GATHERING AND USE OF INFORMATION YOU PROVIDE TO US
You can visit and browse the Site without telling us who you are or revealing any Personal Information. If you choose only to look at the Site and do not wish to obtain information, join our email list, or make any purchases, you need not provide any Personal Information.
If you want to contact us, make a purchase, or sign up for emails, we will ask you to provide some Personal Information. When you contact us or sign up for our email list, we will ask you for the following Personal Information: first and last name, and email address. If you make a purchase from the Site, we will ask you for the following additional information: address, telephone number, and payment information. This information may be used for various marketing and/or business purposes including, but not limited to, providing goods or services you have requested, customizing your experience on the Site, resolving disputes, troubleshooting problems, enforcing our agreements with you, or market research and direct mailings or emailings from Owner. We will share your Personal Information with our third-party vendors as necessary for these purposes.
If you want to make a purchase from the Site using a credit card, we will collect additional Personal Information from you as required from our third-party payment gateway, WooCommerce, in order to validate your credit card and authorize the dollar value of your purchase for payment. Information collected includes information regarding your credit card account, such as name, card number, and other information needed to process the transaction. This credit card information is used for verification of a valid credit card and authorization for the value of the requested purchase.
GATHERING AND USE OF INFORMATION AUTOMATICALLY COLLECTED
When you visit this Site, our Web servers may collect some information automatically, such as your Internet protocol address, the identity of your Internet Service Provider, your operating system, and the time and date of your visit. This information is not linked to Personal Information. This information is used to compile aggregate statistics about the total number of daily visitors to our Site, the pages most frequently visited and how long visitors tend to stay at each page. By collecting this information, we get a better understanding of your preferences so we can continually improve your online experience with us.
COOKIES AND WEB BEACONS; DO NOT TRACK
The Site uses cookies, which are small text files that a website can send to a user’s browser for storage on the hard drive. Cookies can make use of the Web easier by saving and administering status, preferences, and other user information. The Site also may use Web beacons, which are small strings of code that deliver a graphic image on a Web page or in an email message for the purpose of transferring data. We may use cookies and Web beacons to assist the functionality of the Site, such as to route you through the Site, keep track of what items you have placed in your cart, customize your experiences on the Site, or to improve the Site.
We may also use some cookies or web beacons owned and operated by third parties, such as analytics providers or apps that help our site to function. We are not responsible for the privacy policies of those third parties and do not control how their cookies or web beacons operate.
Most browsers are set to accept cookies, but you can change your browser setting to block cookies. Although disabling cookies will not interfere with your ability to access the Site, you will need to accept cookies to use certain services on the Site, including making purchases. You can also disable the ability of Web beacons to capture information by blocking cookies.
The Site does not respond to Do Not Track signals issued by your browser. To learn more about your choices regarding online tracking, please visit these sites: http://www.aboutads.info/choices/ and http://ie.microsoft.com/testdrive/Browser/DoNotTrack/Default.html
UNSOLICITED INFORMATION
If you choose to use one of our contact email addresses to send us any information other than that listed above under “Information You Provide to Us” and “Information Automatically Collected,” we are not responsible for keeping that information private. Please see our Terms of Use for further information about our policies regarding unsolicited information.
DISCLOSURE OF INFORMATION WE COLLECT
Owner will disclose Personal Information 1) in accordance with this Privacy Policy; 2) in order to comply in the event that law requires a disclosure of information submitted to our Site, including when required by a warrant, subpoena or court order; or 3) when we believe in good faith that disclosure is necessary to prevent harm or injury, such as in the event of product recalls, fraud, claims or other liability. Owner does not sell, trade, or rent your personal information to outside parties. Owner may share statistical information about our users, traffic patterns, and related Site information, in aggregate form, with third-party affiliates and vendors, but these statistics will include no Personal Information.
YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
If you do not wish to receive information and promotional material from us, you may select the appropriate “opt out” option each time we ask for your Personal Information. If you already receive email or direct mail communications from us and no longer wish to receive such communications, please contact us at kshroth@comedeme.com to be removed from our emailing and direct mailing lists.
EXTERNAL LINKS
We do not endorse and are not responsible for the information practices or privacy policies of websites operated by others that may be linked to or from this Site. If you decide to access a third party’s website that may be linked to or from this Site, you should consult that website’s privacy policy.
BUSINESS TRANSITION
The information covered by this Privacy Policy is an asset of Owner and will become part of our normal business records. If Owner or a substantial part of our business is sold or otherwise transferred to a third party, such as a legal successor in interest, your information may be transferred to that third party.
UPDATING YOUR INFORMATION
If any of the Personal Information you submitted to our Site is inaccurate or outdated or otherwise needs to be changed, please contact us at kshroth@comedeme.com and we will use reasonable efforts in our control to revise that information.
You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Site. In addition, it may be impossible to completely delete your information without some residual information remaining because of backups.
HOW WE SECURE YOUR INFORMATION
This Site has industry-standard measures in place to protect the loss, misuse and alteration of the information under our control, such as SSL encryption. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: 1) there are privacy and security risks to the Internet which are beyond our control; 2) the security, integrity and privacy of any and all information exchanged between you and us through the Site cannot be guaranteed; and 3) any information or data may be viewed or tampered with by a third party while in transit.
In addition, these measures standing alone are not sufficient to ensure the security of your Personal Information. It is also important for you to guard against unauthorized access to your passwords and unauthorized use of your computer.
CHILDREN
Protecting the privacy of children is very important to us. For that reason, our Site does not intentionally solicit, collect and/or maintain personally identifiable information from users under age 13. If you are under the age of 13, we ask that you do not submit any Personal Information to us and use this Site only under the supervision of a parent or guardian. If you are a parent or guardian and you believe your child has submitted Personal Information to us, please contact us at kshroth@comedeme.com, and we will delete your child’s Personal Information from our records.
DISPUTES
You agree that this Privacy Policy and your use of the Site are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in or nearest to Johnson County, Iowa, in all disputes arising out of, relating to, or concerning the Site and/or this Privacy Policy.
QUESTIONS
If you have any questions regarding this Privacy Policy, please contact us at kshroth@comedeme.com.
Last Updated: Feb. 4, 2021