Terms & conditions
The terms form a legally binding agreement between you and www.comedycam.com in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website. You acknowledge that you are not under the age of 18. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although Comedy Cam may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Comedy Cam enables (a) certain users referred to herein as “Comedians” to live stream videos/users (“Comedy Cam Performances”) (b) certain users referred to herein as “Audiences” to view the Comedy Cam Performances and create textual and photographic comments (“Audience Comments”). For the avoidance of doubt, Comedians and Audiences do not refer to different types of users, rather, the terms refer to the activity engaged in by users. Comedy Cam Performances, Comedian Comments, Comedian Name and Likeness, Audience Comments together with all other text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials submitted, displayed, published, posted or transmitted through or on the Comedy Cam Services by Comedians and Audiences are collectively referred to as “User Submissions.”
Account shall mean the account created by the User on the Application for availing the Services provided by Comedy Cam.
Applicable Laws shall mean and include all applicable statutes, acts of legislature, State laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of United States.
You is a person who completes Comedy Cam’s account registration process.
Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the Comedy Cam.
Content means text, video, comments, web chat, graphics, emoji’s, images, music, software, audio, information or other materials.
Comedy Cam Content means all Content that Comedy Cam make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
Collective Content means User Content and Comedy Cam’s Content.
By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to Comedy Cam if you discover or otherwise suspect any security breaches related to the Services.
We allow You to open only one Account in association with the Registration Data provided by You.
You agree and accept that all of the information you provide to Comedy Cam when setting up your User Account and at any other time shall be true, correct, complete and accurate in all respects.
Scope of Service
The contents of our Services, and the Services in general, are intended strictly for the purposes of: (i) providing a forum for performers(comedians), and facilitating the booking of such talent for engagements to provide entertainment services on our platform. You represent and warrant that you understand, and agree, that Comedy Cam is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any users of our Services regarding the provisions of services at any event or engagement. While we do believe that Comedy Cam members will achieve some amount of exposure from a listing within our Services, we do not represent or guarantee that our Services will further the careers of our members, help them financially or otherwise produce income. Furthermore, Comedy Cam does not take responsibility for the content posted or showcased by any comedian.
Your Use of User Submissions on through the Comedy Cam Services.
You understand that when using the Comedy Cam Service, you will be exposed to User Submissions from a variety of sources, and that Comedy Cam is not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such User Submissions or other content. You further understand and acknowledge that you may be exposed to User Submissions that are 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 COMEDY CAM WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD COMEDY CAM, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO USER SUBMISSIONS AND YOUR USE OF THE COMEDY CAM SERVICE.
Users will not use the Services if any applicable law in their State prohibits them from doing so and or have not previously been their right to use the Services.
Comedy Cam does not endorse or have any control over any Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. You acknowledge and agree that by using the Website and the Service, you may be exposed to Content that is, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible and bear all risks associated with the use of any Content and service, and that under no circumstances will Comedy Cam be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing(i.e. that is usage of Website).
Obligations for Audiences
The recording of the event will not be shared even in case of non-attendance.
You may face interruptions during the course of the live stream due to internet connectivity issues
Please do not talk or take calls during the show. It will disturb everyone on the show. Try to sit in a quiet room with no background noise. We may disable audio controls of users to avoid background disturbances.
Login 10 mins before the show time.
Start show on time.
Finish show on time
Obligations for Comedians
Recording or uploading of this stream is strictly not permitted.
Login 5 mins before the show time.
Prohibited Content for Audiences.
Comedy Cam prohibits the use of the Services or web site by any person or entity that:
While Audiences are watching the live videos/shows they should be appropriately dressed and should not consume any narcotics
Post comments that are grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about about anyone, children without their consent (or their parents’ consent in the case of a minor).
Sells or promotes any services or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet or on mobile phone applications.
Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
Comedy Cam, at its own discretion, may immediately disable your access to the Services or remove all or a portion of your content, without refund, if Comedy Cam believes in its sole discretion that you have violated any of the policies listed in this Agreement.
Cancellation, Fees and payment
Bookings can be cancelled or rescheduled only 24 hours prior to the show timings. Bookings cannot be changed, cancelled or refunded within the period of 24 hours of scheduled show timings. Please make sure you check the timings before confirming the bookings.
Audiences fees may vary based on the shows/videos, time and comedians. Amounts paid for the Services are not refundable.
Comedy Cam charges __% of the service fee from your earning when the Audiences pays you through the Platform for every show. In the event Comedians are late and are not able to host the video/show on time, before the lapse of 5 minutes, comedians shall not be eligible for the commissions.
When you send an e-mail or chat electronically with Comedy Cam, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that Comedy Cam provides to you electronically satisfy legal requirements that such communications be in writing.
For purposes of this Agreement, we shall reschedule the shows/videos if the service is unavailable because of problems with hardware or system software. Downtime does not include:
- problems caused by factors outside of our reasonable control
- problems caused by Audiences network and device hardware issues.
- problems resulting from any actions or inactions by you or any third party
- problems resulting from your equipment and/or third-party equipment not within our sole control, or
- network unavailability during scheduled maintenance of our network and/or web servers
Grant of Licensee.
You retain all of your ownership rights in your User Submissions. However, you hereby grant to Comedy Cam and its successor a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Submissions, in any media formats and through any media channels, I n order to publish and promote such User Submissions in connection with services offered or to be offered by Comedy Cam. Such license will apply to any form, media, or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Submissions in proximity with or in connection with any third party content.
Comedy Cam may rely on advertisers to help fund the Comedy Cam Service. You agree that Comedy Cam may display advertisements and promotions of all kinds in and with the Comedy Cam Service. You understand that Comedy Cam may have agreements with Web sites including revenue sharing from advertising or transactions, and new user bounties. You understand, acknowledge and accept that you are not entitled to any benefits received by Comedy Cam related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the Comedy Cam Service.
Comedy Cam will always have the right to use and display your name and likeness for advertising, publicizing, and exploiting Comedy Cam and the Comedy Cam Service.
By distributing or disseminating User Submissions through the Comedy Cam Service, you hereby grant to each user of the Comedy Cam Service that is authorized to access your User Submissions a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your User Submissions.
Use Of The Services
Comedy Cam will not be liable on account of any inaccuracy of information on itsWebsite. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on Comedy Cam unless specifically authorized by Comedy Cam in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
Third Party websiteLinks, Content And Services
The Website and Content available through the Website may contain links to other third-party website ("Third Party Websites") such as third-party payment processors. If you link to Third Party Websites, you may be subjected to those Third-Party Websites' terms and conditions and other policies. Comedy Cam makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and Comedy Cam disclaims all liability thereto.
Any and all contents and services (including advertising) within Comedy Cam that are not owned by Comedy Cam are "third party content and services." Comedy Cam acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, Comedy Cam may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. Comedy Cam does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
Ownership and Intellectual Property
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of the United States.
You acknowledge and agree that Comedy Cam owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at https://comedy-cam.com/audience-faq
Reliance on Information Posted
The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Limitation of Liability
COMEDY CAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT 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 SERVICES, (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 SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMEDY CAM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMEDY CAM SHALL NOT BE LIABLE FOR THE 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY COMEDY CAM FROM ITS FACILITIES IN UNITED STATES. COMEDY CAM MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMEDY CAM IS TO STOP USING THE COMEDY CAM PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR COMEDY CAM ACCOUNTS, IF APPLICABLE.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMEDY CAM NOR ANY PERSON ASSOCIATED WITH THE COMEDY CAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE COMEDY CAM NOR ANYONE ASSOCIATED WITH THE COMEDY CAM REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR CUSTOMERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF COMEDY CAM. AND COMEDY CAM CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE COMEDY CAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Suspension And Termination Of Account And Service
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. We do not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended.
Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Comedy Cam shall have no obligation to you after any termination or cancellation of these Terms.
Entire Agreement/ Severability
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Comedy Cam, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Comedy Cam or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Comedy Cam shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Courts of Pennsylvania, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Pennsylvania, United States. This Agreement shall be governed by the internal substantive laws of United States, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, United States, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Comedy Cam.
Pre-Arbitration Dispute Resolution. Before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration.
Administrator. The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with Comedy Cam. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/Rules.
Applicable Rules. The arbitration will be governed by the AAA’s Consumer Arbitration Rules (the “AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.
Fees. You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Comedy Cam will pay all remaining fees.
Selection of the Arbitrator. The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at https://comedy-cam.com/audience-faq