Terms and Conditions - Stand Up Comedy Clinic

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them and our Privacy Policy carefully. We hope you’re sitting comfortably. Here we go:

1. Introductions

Thanks for choosing The Stand Up Comedy Clinic (“The Stand Up Comedy Clinic”, “we”, “us”, “our”). By registering for The Stand Up Comedy Clinic comedy classes, membership sites, or Online Courses (together, the “The Stand Up Comedy Clinic Service” or “Service”), including by purchasing or receiving Membership codes, passwords or limited offers, you are entering into a binding contract with our local company in your country of residence (your “Local Country”) if applicable. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. If you don’t agree with these Terms, then please don’t use the Service.

We’re pleased to make our Service available to you. The The Stand Up Comedy Clinic Service includes social and interactive features.

In order to use the The Stand Up Comedy Clinic Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to The Stand Up Comedy Clinic is true, accurate and complete, and you agree to keep it that way at all times.

2. Changes to the Agreements

Occasionally we may, in our discretion, make changes to the The Stand Up Comedy Clinic Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. Enjoying The Stand Up Comedy Clinic

Here’s some information about all the ways you can enjoy The Stand Up Comedy Clinic.

6. User generated content

The Stand Up Comedy Clinic users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist compilations (“User Content“). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not: (a) violate these Agreements, applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by The Stand Up Comedy Clinic or any artist, band, label, entity or individual without express written consent from such individual or entity. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content that you post on or in connection with The Stand Up Comedy Clinic. This license lasts until you terminate your The Stand Up Comedy Clinic account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the The Stand Up Comedy Clinic Service, except that, where applicable under Local Country law, you agree to waive your right to be identified as the author of any User Content on the The Stand Up Comedy Clinic Service and your right to object to derogatory treatment of such User Content.

The Stand Up Comedy Clinic does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in The Stand Up Comedy Clinic’s sole discretion, violates these Agreements. The Stand Up Comedy Clinic may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

The Stand Up Comedy Clinic is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, please click here, or if you believe that any User Content does not comply with the User Guidelines (Section 8 below) or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at legal-feedback@thestandupcomedyclinic.com.

4. Consideration

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the The Stand Up Comedy Clinic Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same.

You grant The Stand Up Comedy Clinic a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the The Stand Up Comedy Clinic Service.

These Terms are not intended to grant rights to anyone except you and The Stand Up Comedy Clinic, and in no event shall these Terms create any third party beneficiary rights. Any failure by The Stand Up Comedy Clinic to enforce these Terms or any provision thereof shall not waive The Stand Up Comedy Clinic’s right to do so.

5. User Guidelines

We’ve established a few ground rules for you to follow when using the Service, to make sure The Stand Up Comedy Clinic stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The Stand Up Comedy Clinic respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the The Stand Up Comedy Clinic Services or content delivered to you via the The Stand Up Comedy Clinic Services, or otherwise any making use of the The Stand Up Comedy Clinic Service which is not expressly permitted under these Terms; (b) using the The Stand Up Comedy Clinic service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the The Stand Up Comedy Clinic Services or any part thereof; (d) circumventing any technology used by The Stand Up Comedy Clinic, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by The Stand Up Comedy Clinic; (g) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the The Stand Up Comedy Clinic Service; (h) providing your password to any other person or using any other person’s user name and password.

Please respect The Stand Up Comedy Clinic and other users of the The Stand Up Comedy Clinic Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of The Stand Up Comedy Clinic or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the The Stand Up Comedy Clinic inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services (except as permitted under Section 11); (k) interferes with the The Stand Up Comedy Clinic Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or The Stand Up Comedy Clinic’s computer systems or network, or breaches any of The Stand Up Comedy Clinic’s security or authentication measures, or (l) conflicts with the Agreement, as determined by The Stand Up Comedy Clinic. You agree that The Stand Up Comedy Clinic may also reclaim your username for any reason.

Please be thoughtful about what you make public on The Stand Up Comedy Clinic. The The Stand Up Comedy Clinic Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on The Stand Up Comedy Clinic or across the web, so please use The Stand Up Comedy Clinic carefully and manage your account settings regularly. The Stand Up Comedy Clinic has no responsibility for your choices to make any actions or material public on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

6. Copyright infringement

The Stand Up Comedy Clinic respects the rights of intellectual property owners. For details on The Stand Up Comedy Clinic’s copyright policy, please click here.

7. Technology limitations and modifications

The Stand Up Comedy Clinic will make reasonable efforts to keep the The Stand Up Comedy Clinic Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. The Stand Up Comedy Clinic reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the The Stand Up Comedy Clinic Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the The Stand Up Comedy Clinic Service or any function or feature thereof. You understand and agree that The Stand Up Comedy Clinic has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

8. Payments, cancellations and cooling off

If you reside in the United States and have purchased a Paid Subscription, a Class or a Course online, you have the right to change your mind and receive a full refund within thirty (45) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them.

In most cases refunds will occur within fourteen (14) days, but in some cases refunds can take up to thirty (45)

If you have a Paid Subscription, your payment to The Stand Up Comedy Clinic will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.

The Stand Up Comedy Clinic may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the The Stand Up Comedy Clinic Service after the price change takes effect, you accept the new price.

9. Term and termination

These Terms will continue to apply to you until terminated by either you or The Stand Up Comedy Clinic. The Stand Up Comedy Clinic may terminate the Terms or suspend your access to the The Stand Up Comedy Clinic Service at any time, including in the event of your actual or suspected unauthorized use of the The Stand Up Comedy Clinic Service or non-compliance with the Terms. If you or The Stand Up Comedy Clinic terminate the Terms, or if The Stand Up Comedy Clinic suspends your access to the The Stand Up Comedy Clinic Service, you agree that The Stand Up Comedy Clinic shall have no liability or responsibility to you and The Stand Up Comedy Clinic will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your The Stand Up Comedy Clinic account, please contact us through the Customer Service contact form.

10. Warranty

We endeavor to provide the best service we can, but you understand and agree that THE The Stand Up Comedy Clinic SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE The Stand Up Comedy Clinic SERVICE AT YOUR OWN RISK. The Stand Up Comedy Clinic DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

In addition, The Stand Up Comedy Clinic does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the The Stand Up Comedy Clinic Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that The Stand Up Comedy Clinic is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the The Stand Up Comedy Clinic Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from The Stand Up Comedy Clinic shall create any warranty on behalf of The Stand Up Comedy Clinic in this regard. Some aspects of this section may not apply in some jurisdictions.

11. Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the The Stand Up Comedy Clinic Service, the Third Party Applications or the Third Party Application content is to uninstall any The Stand Up Comedy Clinic software and to stop using the The Stand Up Comedy Clinic Service, the Third Party Applications or the Third Party Application content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL The Stand Up Comedy Clinic, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE The Stand Up Comedy Clinic SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER The Stand Up Comedy Clinic HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE The Stand Up Comedy Clinic SERVICE, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO The Stand Up Comedy Clinic DURING THE PRIOR THREE MONTHS IN QUESTION.

Nothing in these Agreements removes or limits The Stand Up Comedy Clinic’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.

12. Entire agreement

These Agreements constitute all the terms and conditions agreed upon between you and The Stand Up Comedy Clinic and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to The Stand Up Comedy Clinic are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by The Stand Up Comedy Clinic that are not contained in the Agreements.

Please note, however, that other aspects of your use of the The Stand Up Comedy Clinic Service may be governed by additional agreements. That could include, for example, access to the The Stand Up Comedy Clinic Community for customer support, access to the The Stand Up Comedy Clinic Service as a result of a gift card, or free or discounted Trials. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms.

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Service. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.

13. Severability

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

14. Choice of law, mandatory arbitration and venue

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the law of the State of California, United States, without regard to choice or conflicts of law principles. Further, you and The Stand Up Comedy Clinic agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California or New York, New York to resolve any dispute, claim or controversy that arises in connection with these Agreements.

If you are a United States user, the following mandatory arbitration provisions also apply to you:

You and The Stand Up Comedy Clinic agree that any dispute, claim or controversy arising out of or relating in any way to the The Stand Up Comedy Clinic Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and The Stand Up Comedy Clinic are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your The Stand Up Comedy Clinic account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and The Stand Up Comedy Clinic agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act.
You and The Stand Up Comedy Clinic agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the The Stand Up Comedy Clinic Service are NOT subject to mandatory arbitration. Instead, you and The Stand Up Comedy Clinic agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in San Francisco County, California or New York, New York, and that applicable California and/or Federal law shall govern, without regard to choice of law principles.
YOU AND The Stand Up Comedy Clinic AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by The Stand Up Comedy Clinic. Any arbitration costs or fees deemed “excessive” will be paid by The Stand Up Comedy Clinic.

Thank you for reading our Terms. We hope you enjoy The Stand Up Comedy Clinic.

The Stand Up Comedy Clinic USA Inc.,
1213 W. Magnolia Blvd.
Burbank, CA 91506
USA