The MerrillandMarekComedy.com website and its associated services and content (collectively “Website”) is owned and operated by Merrill and Marek Comedy. (“Merrill and Marek Comedy”). Merrill and Marek Comedy has adopted these Terms and Conditions (“Agreement”) to inform you – a subscriber, follower, viewers, and visitors – of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
MERRILL AND MAREK COMEDY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT MERRIL AND AMREK COMEDY MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
Merrill and Marek Comedy hosts comedy shows in the Las Vegas area, and in the internet within Merrill and Marek Comedy’s discretion, with video content hosted at various venues ranging from living rooms, backyards, rooftops, and other intimate settings. The Website allows you to view these comedy shows.
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is twenty one (21) years of age or older. If you are under twenty one (21) years of age but at least eighteen (18) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Merrill and Marek Comedy and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Merrill and Marek Comedy makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
Excluding your content, you acknowledge and agree that Merrill and Marek Comedy is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Merrill and Marek Comedy.
Merrill and Marek Comedy hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Merrill and Marek Comedy, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Merrill and Marek Comedy.
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all Merrill and Marek Comedy marks are the property of Merrill and Marek Comedy, including, but not limited to MERRILL AND MAREK COMEDY and all Merrill and Marek Comedy logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Merrill and Marek Comedy. You are prohibited from using Merrill and Marek Comedy’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Merrill and Marek Comedy.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Merrill and Marek Comedy by sending an email to merrilandmarekcomedy@gmail.com
Mobile Devices The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Merrill and Marek Comedy is not responsible for any fees or errors that occur while accessing the Website via mobile device.
You acknowledge and agree that Merrill and Marek Comedy is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Merrill and Marek Comedy may edit, remove, or control the content displayed through the Website, you agree that Merrill and Marek Comedy will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
You understand that the Website may contain links to third party websites, applications, or services that Merrill and Marek Comedy does not own or control. You agree that Merrill and Marek Comedy will not be held responsible or liable for the content of third party websites, applications, or services and that Merrill and Marek Comedy’s inclusion of those websites, applications, or services within its Website does not constitute Merrill and Marek Comedy’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
While Merrill and Marek Comedy allows you to purchase tickets to events hosted at third-party locations, Merrill and Marek Comedy does not endorse or recommend any venue, performer, product, service, content or communication provided at these events and is not liable or responsible for any damages sustained related thereto.
This Agreement will remain in full force and effect so long as the Website is in operation and in no event a timeframe prior to completion of the event for which you purchased a ticket. Merrill and Marek Comedy may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
MERRILL AND AMREK COMEDY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR TICKET(S) PURCHASED THROUGH THE WEBSITE. MERRILL AND MAREK COMEDY PROVIDES THE WEBSITE AND TICKETS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
MERRILL AND MAREK COMEDY WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. MERRILL AND MAREK COMEDY IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. DON’T TELL COMEDY RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
MERRILL AND MAREK COMEDY WILL NOT BE HELD LIABLE FOR THE ACTS OF ANY VENUE HOST OR PERFORMER, INCLUDING, WITHOUT LIMITATION, RELATED TO ANY PRODUCT, SERVICE, CONTENT OR COMMUNICATION RECEIVED AS A RESULT OF A TICKET PURCHASE.
MERRILL AND MAREK COMEDY WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
MERRILL AND MAREK COMEDY WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR PURCHASE OF TICKETS AND ATTENDANCE AT ANY VENUE OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT MERRILL AND MAREK COMEDY CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR TICKETS THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO DON’T TELL COMEDY, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MERRILL AND MAREK COMEDY IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By purchasing a ticket and attending an event, you voluntarily assume all risks related to exposure to COVID-19 and release Merrill and Marek Comedy, LLC of any and all liability and damages.
You agree to hold harmless, indemnify, and defend Merrill and Marek Comedy, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or tickets purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Merrill and Marek Comedy under the terms of this Agreement will not provide you with the right to control Merrill and Marek Comedy’s defense, and Merrill and Marek Comedy reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Merrill and Marek Comedy.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Merrill and Marek Comedy may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website or any offering thereon.
This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Nevada without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Nevada, with venue proper in Las Vegas, Nevada
YOU AND MERRILL AND MAREK COMEDY AGREE THAT ANY DISPUTE (whether arising in tort or contract and whether arising under statute or common law) brought by either of the Parties hereto, arising out of or in any way relating to this Agreement will be submitted to binding arbitration in Las Vegas, Nevada, before a sole arbitrator selected from Judicial Arbitration and Mediation Services, Inc., or its successor (“JAMS”), pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. If JAMS is no longer able to supply the arbitrator, such arbitrator will be selected from the American Arbitration Association, and such arbitration will be conducted in accordance with the provisions of Nevada Code of Civil Procedure §§ 1280 et seq. as the exclusive forum for the resolution of such dispute. The arbitrator will follow any applicable federal law and California state law (with respect to all matters of substantive law) in rendering an award. At the conclusion of the arbitration, the Arbitrator will issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based. Any award or relief granted by the Arbitrator hereunder will be final and binding on the Parties hereto and may be enforced by any court of competent jurisdiction. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY ARE HEREBY WAIVING ANY RIGHTS TO TRIAL BY JURY. The Parties further agree that in any proceeding to enforce the terms of this Agreement, the prevailing Party will be entitled to its reasonable attorneys’ fees and costs, including, without limitation, the costs of the arbitrator, the arbitration proceeding and any proceeding in court to confirm or to vacate an arbitration award, incurred by it in connection with resolution of the dispute in addition to any other relief granted.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and Merrill and Marek Comedy will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Merrill and Marek Comedyy inadvertently collects such personally identifiable information, Merrill and Marek Comedy will delete the personally identifiable information in accordance with its security protocols.
MERRILL AND MAREK COMEDY AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST DON’T TELL COMEDY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
All rights not expressly granted herein are reserved to Merrill and Marek Comedy.
Merrill and Marek Comedy may collect the following personal or personally identifiable information from you:
Merrill and Marek Comedy may collect the following additional information from you:
Merrill and Marek Comedy may collect your personal information from you through various
channels, including, but not limited to, your voluntary submission of information to the Website, through the collection and analysis of information concerning your computer and browsing activities, through use of cookies, and through other sources permitted by law.
Merrill and Marek Comedy may use your personal information to provide you with the Website; process any requests made by you; process any ticket purchasers through the Website; communicate with you regarding ticket purchases, upcoming events, or promotions; and identify and fix problems with the Website.
Your personal information is stored and processed on computers and servers in the United States, and through your use of the Website and purchase of a ticket, you unequivocally consent to the processing and storage of your personal information. Merrill and Marek Comedy uses commercially reasonable efforts and standard technology to store and help prevent against the unauthorized disclosure of your information. Though it undertakes commercially reasonable efforts to protect your information, no Website, software, or online service is completely safe. Accordingly, you provide all such information at your own risk.
When contacting the Website or signing up for our e-mail list, you are agreeing to receive email notifications from Merrill and Marek Comedy. The email notifications from Merrill and Marek Comedy contain an unsubscribe feature that allows you to “opt out” from future notifications.
You agree that any third party processing, as identified herein, is subject to the privacy practices, and any privacy policy, of such third party processors.
Any notice required by this Agreement must be in writing, and must be Emailed to:
Merrill and Marek Comedy, via e-mail to: merrillandmarekcomedy@gmail.com
Merrill and Marek Comedy
Copyright © 2024 Merrill and Marek Comedy - All Rights Reserved.
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