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The following Terms of Use cover all websites and associated content, including, without limitation: any and all mobile or desktop applications, apps, email, over-the-top-platforms, streaming services, software, social media accounts, RSS services, mobile services (as defined below) and other products, materials, or services made available on, from, or through websites of Comedy Unearthed (collectively, the “Websites”) and any subsidiary or affiliate owned or operated by Comedy Unearthed (collectively, “Comedy Unearthed”). Please carefully read these Terms of Use before accessing any Comedy Unearthed Websites.
You are solely responsible for the activity that occurs on your account, and must keep your account password secure and protected from unauthorized use. You must notify Comedy Unearthed immediately of any breach of security or unauthorized use of your account. Although Comedy Unearthed will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Comedy Unearthed or others due to such unauthorized use.
Indemnification
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of any and all Websites, services and their content remains with you. You agree to defend, indemnify, and hold Comedy Unearthed, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Websites, User Submissions, Material, Forums or Content; (b) your User Submissions; (c) your violation of these Terms or any laws; (d) your violation of any third party right, including without limitation any IP rights or Personal Rights; or (e) any claim that your User Submissions caused damage to a third party.This defense and indemnification obligation will survive these Rules and your use of the Websites.
User Age Requirements
To use the Websites, you must either be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater); or, if you are between the ages of 13 and the age of majority, you must have the consent of your parent or legal guardian to use the Websites. If you are under 13 years of age, please do not use the Websites.
Limitation of Liability
IN NO EVENT SHALL COMEDY UNEARTHED, ITS PARENTS, SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF COMEDY UNEARTHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT COMEDY UNEARTHED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU, SPECIFICALLY, ACKNOWLEDGE THAT COMEDY UNEARTHED SHALL NOT BE LIABLE FOR CONTENT 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.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMEDY UNEARTHED’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY COMEDY UNEARTHED, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY COMEDY UNEARTHED.
Jurisdiction, Venue, and Severability
You agree that the Websites shall be deemed solely based in Ontario, the Websites shall be deemed passive, and that does not give rise to personal jurisdiction over COMEDY UNEARTHED, either specific or general, in jurisdictions other than Ontario. These Terms will be governed by the internal substantive laws of the Province of Ontario, without respect to any conflict of laws principles. Any and all disputes, claims and causes of action arising out of or connected with these Terms or the Websites will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Durham Region, Ontario, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.