TERMS OF USE

TERMS OF USE

terms & conditions of service

Updated September 24, 2024

laughafterdark.com and other digital platforms operated by Laugh After Dark Entertainment LLC (collectively referred to as the “Laugh After Dark Channels”) are services designed to provide users with engaging and interactive experiences. Laugh After Dark Entertainment LLC (“Laugh After Dark,” “we,” or “our”) owns and operates these channels, ensuring that both our rights and those of our users are protected. These Terms of Service (“Terms”) govern your access to and use of the Laugh After Dark Channels, which include, but are not limited to, our websites, mobile sites, apps, digital membership products, online articles, events, and social media platforms (e.g., Laugh After Dark’s social media profiles, newsletters, and email communications).

Along with our affiliates, partners, and advertisers, we provide various content and services through the Laugh After Dark Channels. By accessing or using any of the Laugh After Dark Channels, you agree to abide by these Terms of Use (“Terms”). These Terms govern all aspects of your interaction with the Laugh After Dark Channels and their features. Please review both these Terms and our Privacy Policy, available at www.comedyfinder.com/privacy-policy. These Terms represent a binding agreement between you and Laugh After Dark regarding your use of any Laugh After Dark Channels, unless different terms apply to a specific service, in which case these Terms will supplement those additional terms.

In some instances, additional terms may apply to services such as subscriptions, surveys, contests, or sweepstakes, which will further supplement these Terms. If you do not agree with any part of these Terms, you must stop using the Laugh After Dark Channels immediately.

For any questions or assistance regarding these Terms, please contact us at www.laughafterdark.com/contact by selecting “Terms of Use & Privacy Policy.”

CHANGES TO THE TERMS OF USE BY LAUGH AFTER DARK

Laugh After Dark reserves the right to modify these Terms of Use at any time by posting the updated Terms on the Laugh After Dark website Channels (available at www.comedyfinder.com/terms-of-use). These changes will become effective immediately upon being posted. By continuing to access or use the Laugh After Dark Channels after any modifications have been posted, you acknowledge and accept the updated Terms of Use. If you do not agree to the revised Terms, you must discontinue your access and use of the Laugh After Dark Channels. As the Laugh After Dark Channels evolve, we may, at our sole discretion, change or discontinue any part of the services without prior notice and without liability. Additionally, Laugh After Dark may impose limits on certain features or activities or restrict your access to parts or all of the services without notice or liability.

ACCESS AND USE OF LAUGH AFTER DARK CHANNELS

  1. Accounts: Should a Laugh After Dark Product necessitate the creation of an account, you agree to provide accurate, current, and complete information, including, but not limited to, your contact details and payment information. You shall not impersonate any individual or entity, nor shall you misrepresent your affiliation with any individual or entity. You shall not use another person’s username, password, or account information, nor provide false information for a parent or guardian. Laugh After Dark reserves the right to verify the accuracy of any information provided, including contact information for a parent or guardian.
  2. Passwords and Security: You agree to maintain the confidentiality of your account credentials, including your username and password. You shall be responsible for all activities that occur under your account. You agree to notify Laugh After Dark immediately of any unauthorized use of your account or any other breach of security that comes to your attention.
  3. Electronic Notices: By providing your email address, you consent to receive notices, agreements, disclosures, and other communications electronically. Such electronic communications shall fulfill any legal requirements for written notices.
  4. Age Restrictions: The Laugh After Dark Channels are not intended for individuals under the age of 18. If you are under 18 years of age, you are prohibited from accessing, using, or creating an account with the Laugh After Dark Channels, or from providing any personal information to Laugh After Dark. If you are under 18 years old, you may only use or create an account with the Laugh After Dark Channels with the consent of a parent or guardian, who must agree to these Terms of Use on your behalf. Access to certain content or activities may be restricted based on age appropriateness or other legal considerations. Access to the Laugh After Dark Channels from territories where the Channels are not offered is prohibited.
  5. Limited License: Subject to your compliance with these Terms of Use, Laugh After Dark grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Laugh After Dark Channels as intended. This includes (i) accessing and viewing (1) user content and (2) content on a streaming-only basis via the video player, and (ii) participating in any activities, strictly for personal, non-commercial purposes as specified in these Terms of Use.
  6. Content Use: You are authorized to access and view the content available through the Laugh After Dark Channels solely as permitted under these Terms of Use. You shall not remove, alter, bypass, avoid, or circumvent any copyright, trademark, or other proprietary notices, digital rights management mechanisms, or access controls associated with the content or Laugh After Dark Channels. You are prohibited from using any technology to access or use the Laugh After Dark Channels or content from regions where Laugh After Dark does not hold rights or offer services. Unauthorized activities include, but are not limited to, copying, downloading, streaming capture, reproducing, distributing, modifying, translating, broadcasting, or creating derivative works from the content. This prohibition extends to embedding, streaming, or making content available through other applications without explicit written authorization from Laugh After Dark.
  7. Video Player: You shall not modify, enhance, remove, or interfere with any part of the video player or its underlying technology. The video player, including its graphical user interface, advertising, copyright notices, and trademarks, must be displayed as intended, with full access to all functionalities.
  8. Ownership: Laugh After Dark and its affiliated companies, licensors and suppliers exclusively own and retain all rights, title, and interest in and to the Laugh After Dark Channels and Content, including all associated intellectual property rights. You acknowledge that the Laugh After Dark Channels and Content are protected under copyright, trademark, and other intellectual property laws. You agree not to remove, alter, or obscure any proprietary rights notices associated with the Laugh After Dark Channels or Content.
  9. Use of the Our Site. You may use our Site only in connection with Laugh After Dark Channels. You may not separate any individual component of the Laugh After Dark Channels for use other than in connection with the Laugh After Dark Channels, incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, use it, or any portion of it, over a network, or sell, rent, lease, lend, loan, distribute or sub-license the Laugh After Dark Channels or otherwise assign any rights to the Laugh After Dark Software in whole or in part. You may not use the Laugh After Dark Channels for any illegal purpose. We may discontinue some or all of any Laugh After Dark Channels we provide, and we may terminate your right to use any Laugh After Dark Channels at any time and in such event may modify it to make it inoperable. Your rights to use the Laugh After Dark Channels will automatically terminate without notice from us if you fail to comply with any of these terms. Additional third party terms contained within or distributed with certain Laugh After Dark Channels that are specifically identified in related documentation may apply to that Laugh After Dark Channels and will govern the use of that Laugh After Dark Channels in the event of a conflict with these Conditions of Use.
  10. Use of Third Party Services. When you use the Laugh After Dark Channels, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  11. Updates. In order to keep the Laugh After Dark Channels up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  12. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Laugh After Dark Channels. If you are a U.S. Government end user, we are licensing the Laugh After Dark Channels to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Laugh After Dark Channels are the same as the rights we grant to all others under these Conditions of Use.
  13. Your Responsibilities and Our Enforcement Rights

You can use the Laugh After Dark Laugh After Dark and Content only for lawful, personal, non-commercial, and appropriate purposes. Here’s what you agree not to do:

  1. Respect Others: Don’t violate others’ rights (like intellectual property, privacy, or publicity), harass or harm people, impersonate others, or engage in any fraudulent or deceptive behavior.
  2. Avoid Unauthorized Access: Don’t use unauthorized methods to access, frame, search, or link to the Laugh After Dark Laugh After Dark or Content. Don’t bypass security measures or remove any protection controls.
  3. No Tampering: Don’t access or interfere with non-public areas of the Laugh After Dark Laugh After Dark or its networks.
  4. No Automated Tools: Don’t use automated tools (like “robots” or “spiders”) to access the Channels, except for standard search engines.
  5. No Unauthorized Meta Tags: Don’t use Laugh After Dark trademarks, logos, or URLs in meta tags or hidden text without our permission.
  6. No Commercial Use: Don’t use the Channels or Content for commercial purposes or benefit third parties in any way not allowed by these Terms.
  7. No Reverse Engineering: Don’t decompile, disassemble, or reverse engineer any software used in the Channels.
  8. No Interference: Don’t interfere with others’ use of the Channels or introduce harmful code.
  9. No Damage: Don’t damage, disable, or overload the Channels, servers, or networks.
  10. No Unauthorized Advertising: Don’t interfere with or block advertising related to the Channels.
  11. No Unauthorized Commercial Activity: Don’t use the Channels for spamming, soliciting, or promoting products or services without our consent.
  12. No Security Testing: Don’t probe, scan, or test the security of our systems or networks.
  13. No Unauthorized Data Collection: Don’t collect or store personally identifiable information without permission.
  14. Follow the Law: Don’t break any laws, commit crimes, or cause civil liability.
  15. Follow Our Terms: Don’t violate these Terms or any posted guidelines or policies.
  16. No Interference with Others: Don’t disrupt other users’ enjoyment of the Channels.
  17. No Enabling Others: Don’t help others engage in any prohibited activities.

You’re also prohibited from using the Laugh After Dark Channels, Content, or User Content to create media, software, or AI systems.

We reserve the right to investigate any violations and may work with law enforcement if necessary. If we find you’ve violated these Terms, we may:

  1. Notify you.
  2. Block or restrict your access.
  3. Limit, suspend, or terminate your use of the Channels, Content, or User Content.
  4. Suspend or terminate your Account.
  5. Pursue other legal remedies.

If your access is restricted or terminated, you must stop using the Channels and not try to bypass any restrictions.

SALE OF PRODUCTS

  1. Digital Products: By purchasing digital products (such as digital downloads, online memberships, or event tickets) from any Laugh After Dark Channels, you agree to the following:
    1. No Refunds: All sales of digital products are final, and we do not offer refunds, returns, or exchanges for any digital products purchased through our websites. This includes, but is not limited to, digital downloads, memberships, or access to events and content.
    2. Access and Delivery: Upon successful payment, you will receive access to your purchased digital products. If you encounter any issues accessing digital content, please contact us at [Insert Contact Information] for assistance.
  2. Physical Products: We sell physical products (such as merchandise or event-related goods) both directly through our websites and through third-party platforms. The terms that apply depend on where the purchase is made.Purchases Made Directly from Our Websites:
    1. Refunds for Damaged or Lost Products: If a physical product purchased through our website is damaged, defective, or lost during shipping, we will offer a refund or replacement. Contact us within 14 days of receiving the damaged item or within 30 days if your order has not arrived.
    2. Conditions for Refunds or Replacements: To qualify for a refund or replacement, you must provide proof of the damage (e.g., a photo of the damaged product) and the original order receipt. If your order is lost, we will work with our shipping providers to verify the issue before offering a refund or replacement.
    3. No Refunds for Non-Damaged Products: We do not offer refunds or exchanges for physical products returned due to reasons other than damage or loss (e.g., change of mind).
  3. Purchases Made via Third-Party Platforms:
    1. Third-Party Terms: If you purchase any Laugh After Dark merchandise through third-party platforms (such as Teespring, Spreadshop, etc.), your purchase will be governed by the terms and conditions of that third-party website. Laugh After Dark is not responsible for the processing of orders, refunds, or issues with products sold through these platforms.
    2. Responsibility: We recommend that you review the third-party platform’s terms, privacy policy, and refund policies before making a purchase, as those policies will apply to your transaction.
  4. Payment and Pricing:
    1. Payment Methods: We accept major credit cards and other payment methods as listed on our websites. By placing an order, you agree to pay the full amount for the products, including applicable taxes and shipping fees.
    2. Pricing and Availability: All product prices are listed on our websites and are subject to change without notice. We reserve the right to correct any pricing errors and to cancel any orders affected by such errors.
    3. Shipping and Delivery: Shipping costs and estimated delivery times are calculated at checkout. We will notify you of any delays in shipping or availability issues with physical products sold through our websites.
  5. Warranties and Disclaimers
    1. Digital Products: All digital products are provided “as is” without any warranties, unless otherwise specified. We do not guarantee that digital content will meet your expectations or be free from errors.
    2. Physical Products: We strive to ensure that all physical products sold directly through our websites are high quality and match the descriptions provided. However, we disclaim any warranties regarding the accuracy of product descriptions or quality of goods beyond what is required by law.
    3. Third-Party Products: We do not warrant or guarantee the quality, delivery, or condition of any products purchased through third-party platforms. All issues with such products should be addressed directly with the third-party provider.
  6. Contact Information for Refund Requests: For any issues related to purchases made directly through our websites, including requests for refunds or replacements, please contact us at [email protected] with your order number and details of your issue.

IMAGE AND MEDIA RELEASE
By attending any Laugh After Dark events (live, virtual, or recorded), you acknowledge and agree to the following:

  1. Consent to Use of Your Likeness: You hereby grant Laugh After Dark Entertainment LLC and its affiliates, partners, and licensees the irrevocable, worldwide, perpetual, royalty-free right and permission to record, film, photograph, or otherwise capture your image, voice, likeness, and any statements made during the event (collectively, “Your Likeness”) in any format, including but not limited to video, audio, and photography.
  2. Use of Media: Laugh After Dark may use Your Likeness, without limitation, for any purpose, including but not limited to advertising, marketing, promotional activities, distribution, and commercial exploitation of the event, in any media now known or hereafter devised, including but not limited to social media, websites, television, film, or promotional materials.
  3. Waiver of Rights: You waive any rights to inspect or approve the recordings or media in which Your Likeness appears. You understand that you will not receive any compensation or payment related to the use of Your Likeness.
  4. Release of Liability: You release Laugh After Dark, its employees, agents, affiliates, and partners from any claims, damages, or liabilities arising from or related to the use of Your Likeness, including but not limited to claims of defamation, invasion of privacy, or rights of publicity.


Attendance and Participation: Your attendance at a Laugh After Dark event serves as your agreement to this Image and Media Release. If you do not wish to be recorded or photographed, you must notify Laugh After Dark in writing before the event or refrain from attending.


EMAIL MARKETING AND COMMUNICATIONS
By providing your email address when using Laugh After Dark Channels (including LaughAfterDark.com and ComedyFinder.com), you agree to receive promotional emails, newsletters, event updates, and other marketing communications from us.

  1. How We Use Your Information:
    1. We may use your personal information, such as your email and preferences, to: Send you promotional offers, newsletters, and updates
    2. Personalize content and recommendations based on your interests
    3. Measure how you interact with our emails (e.g., opens, clicks)
  2. Opt-Out: You can unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email. Even if you opt out of marketing emails, we may still send you important service-related messages.
  3. Data Sharing: We may share your data with trusted partners to help deliver marketing emails or analyze performance, but we will never sell your information without your consent.

PRIVACY POLICY

Use of the Laugh After Dark Channels is governed by the Laugh After Dark Privacy Policy available at www.LaughAfterDark.com/privacy-policy, which is incorporated into and is a part of these Terms of Use by this reference. You acknowledge and agree that your access and/or use of Laugh After Dark Channels is subject to our Privacy Policy.

COMPLIANCE WITH POLICIES

While using the Laugh After Dark Channels, including accessing, using, and/or participating in any Activities, you agree that you will comply with all posted policies, including Intellectual Property Policy set forth in Section 10 below, as we may update from time to time. Laugh After Dark prohibits disclosing any inappropriate content or information, personal or sensitive information on or through or in connection with the Laugh After Dark Channels. Laugh After Dark may at any time, in its sole discretion, remove User Content, disable, limit, or terminate your ability to Post User Content or participate in any Activities, and terminate your Account if you fail to comply with our posted policies.

If you become aware of any misuse of the Laugh After Dark Channels, including in violation of these Terms of Use, please report it immediately to Laugh After Dark by clicking www.Laugh After Darktv.com/contact, selecting “Terms of Use & Privacy Policy,” and providing the details of the issue you’re reporting in the body of the request you submit to us.

USER CONTENT

The Laugh After Dark Channels provide opportunities for you to upload, post, transmit, or otherwise distribute (“Post” or “Posting”) text, images, audio, video, or other content, including messages and any content that incorporates sound recordings from your personal music library, background noise, or ambient noise (“User Content”). Laugh After Dark Entertainment LLC (“Laugh After Dark”) does not claim ownership of the User Content that you post on the Laugh After Dark Channels. You retain ownership of your User Content, except for any elements or content owned by Laugh After Dark or our affiliates (e.g., trademarks, logos, or other proprietary materials that you incorporate into your content).

However, by posting User Content, you grant Laugh After Dark a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sub-licensable, transferable, and non-exclusive license to use, reproduce, distribute, modify, adapt, create derivative works from, publicly display, and perform your User Content in any media now known or later developed. This license allows Laugh After Dark to use your content for purposes such as marketing, promotion, and operation of the Laugh After Dark Channels. Importantly, this license does not transfer ownership of your content to us; you still retain all ownership rights.

You also grant Laugh After Dark the right to use your name, user name, image, voice, and likeness to identify you as the source of your User Content where applicable. The license you grant us under these Terms will survive any termination of your account or use of the Laugh After Dark Channels.

  1. Content Responsibility and Warranties You acknowledge that you are fully responsible for the User Content that you post on the Laugh After Dark Channels. By posting, you warrant that:
    1. You own all rights to the User Content or have the necessary licenses, rights, and permissions to grant the above license to Laugh After Dark.
    2. Your content does not violate the intellectual property rights, privacy rights, or any other rights of any third party.
    3. Your Posting of the User Content does not violate any laws or the Terms of Use.
    4. You also agree to pay all royalties, fees, and other payments due to any party based on your Posting of User Content, including payments to performing rights organizations, guilds, or unions.
  2. Attribution and Moral Rights. Laugh After Dark may provide you with attribution for your User Content but is not obligated to do so. To the extent permitted by law, you waive any moral rights or other proprietary rights you may have in your User Content against Laugh After Dark, our affiliates, and other users.
  3. Public Nature of User Content. You understand that any User Content you post is done so voluntarily, with no expectation of privacy. Once posted, it may remain publicly available through the Laugh After Dark Channels, even after you delete it or terminate your account. We may store certain information related to your User Content, including device-related details. While we may offer you the option to post content anonymously, Laugh After Dark cannot guarantee the removal of User Content from third-party platforms or services after you have posted it. We also may retain User Content for archival or backup purposes even after account termination.
  4. Content Deletion. If you request the removal of your User Content from the Laugh After Dark Channels, we will make reasonable efforts to delete it from our active services. However, copies may persist in our archives and backup systems. Any use of your content made before your request will continue, and Laugh After Dark retains the right to maintain that pre-existing usage even after deletion. Deleting User Content from the Laugh After Dark Channels will not result in deletion from third-party platforms or services.
  5. Messages and Social Features. The Laugh After Dark Channels may include messaging features, comments, and other social features. These features may be open to the public, all registered users, or a select group. Laugh After Dark reserves the right to limit or restrict your ability to send messages or post content and can remove your messages or content at any time, without notice and at its sole discretion.
  6. User Content Monitoring and Reporting. Laugh After Dark does not control User Content posted by others and assumes no responsibility for content that you may find offensive or objectionable. If you come across User Content that you believe violates these Terms, please report it to Laugh After Dark as outlined in Section 8. We reserve the right, but are not obligated, to monitor and remove User Content that violates these Terms or is otherwise inappropriate.

LINKED DESTINATIONS AND ADVERTISING

  1. Third Party Destinations. The Laugh After Dark Channels (including the Apps) may contain links to third-party websites or resources, or destinations. You will not infer or assume that Laugh After Dark endorses, operates, controls, is responsible for or is connected with these or other third-party websites, resources or destinations, even if they link to Laugh After Dark Channels and even if such websites, resources, or destinations are operated by a person (including legal entity) affiliated or otherwise connected with Laugh After Dark. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, resources, and destinations or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, resources, and destinations, and release Laugh After Dark from any responsibility and liability to you for any content or other materials hosted and served from any such websites, resources, or destination. These Terms of Use do not govern your use of any other websites, resources, or destinations.
  2. Advertisements. Laugh After Dark is not responsible for advertisements or any third-party material posted on any of the Laugh After Dark Channels, nor is Laugh After Dark responsible for the products or services provided by advertisers or by other users. Any dealings you have with advertisers or other users found while using the Laugh After Dark Channels are between you and the advertiser or user, and you agree that Laugh After Dark is not liable for any loss or claim that you may have against an advertiser or user.

DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND INDEMNITY

Some jurisdictions may not permit the exclusion of certain warranties. To the extent that applicable local laws expressly prohibit such exclusions, the exclusions outlined below may not apply to you.

The Laugh After Dark Channels and Content are provided on an “as-is” and “as available” basis. Laugh After Dark does not guarantee or promise any specific outcomes from using or having continuous access to the Laugh After Dark Channels or Content. To the maximum extent allowed by applicable law, Laugh After Dark expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties implied by any course of performance or course of dealing. Specifically, Laugh After Dark does not guarantee that your use of the Laugh After Dark Channels or Content will be uninterrupted, timely, secure, or error-free; that any defects will be corrected; that the Laugh After Dark Channels, Content, or the servers hosting them will be free from viruses or other harmful components; or that any information obtained through the Laugh After Dark Channels or third-party services (including through user content or third-party advertisements) will be accurate, reliable, timely, or complete. To the fullest extent permitted by law, Laugh After Dark will not be liable for any loss or damage (including but not limited to loss of data, property damage, personal injury, or death) resulting from your use of the Laugh After Dark Channels, Content, user content, technical problems, or malfunctions associated with your use of the Laugh After Dark Channels or Content, attendance at a Laugh After Dark event, any materials downloaded, posted, or otherwise obtained in connection with the Laugh After Dark Channels or Content, any user content, any third-party advertisement, or third-party service accessed via the Laugh After Dark Channels, or the conduct or actions of any users of the Laugh After Dark Channels or Content, whether online or offline. Your use of posts, user content, third-party advertisements, third-party services, and any goods or services provided by third parties is entirely at your own risk and responsibility.

You acknowledge that your use of the Laugh After Dark Channels and Content, and any information transmitted or received in connection with them, including user content, may not be secure and could be intercepted by unauthorized parties. You assume responsibility, to the maximum extent permitted by law, for the full cost of any maintenance, repair, or correction to your computer system or other property, or the recovery of lost data necessitated by your use of the Laugh After Dark Channels.

LIMITATION OF LIABILITY

Some jurisdictions may not permit the exclusion or limitation of certain liabilities. To the extent that applicable local laws expressly prohibit such exclusions or limitations, the exclusions or limitations outlined below may not apply to you.

Regardless of anything to the contrary stated herein, to the maximum extent permitted by applicable law, Laugh After Dark’s liability to you for any loss, cause of action, or any type of claim will always be limited to the amount you paid, if any, to Laugh After Dark for the Laugh After Dark Channels and Content during the period of your use. To the fullest extent allowed by law, Laugh After Dark will not be liable to you or any third party for any damages beyond the amount you paid, if any, to Laugh After Dark for the Laugh After Dark Channels during your use, including any general, direct, indirect, compensatory, consequential, exemplary, incidental, special, or punitive damages, including without limitation, lost profits arising from your use or inability to access or use any Laugh After Dark Channels, Content, or user content.

You acknowledge that any damages you incur as a result of Laugh After Dark’s actions or omissions, or from your use of the Laugh After Dark Channels, Content, or user content, are not irreparable and do not entitle you to seek an injunction or other equitable relief that would restrict the availability or use of any portion of the Laugh After Dark Channels, Content, or user content by others. The limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if you or Laugh After Dark have been advised of the possibility of such damages. For clarity, these Terms do not limit Laugh After Dark’s liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent that such limitations would be prohibited by applicable law.

INDEMNITY

You agree to indemnify and hold harmless Laugh After Dark, its affiliates, content creators, licensors, advertisers, sponsors, their advertising agencies, subcontractors, and other partners, as well as their respective officers, agents, partners, and employees, from and against any loss, liability, claim, action, or demand, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Content, user content, or the Laugh After Dark Channels. This includes, without limitation, any actions taken under your account (whether authorized by you or not), your breach of these Terms of Use, your violation of another’s rights, or any content, information, or material you transmit via the Laugh After Dark Channels.

NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

We respect copyright law and expect our users to do the same. It is our policy to terminate the accounts of users who repeatedly infringe on Laugh After Dark’s intellectual property rights or the intellectual property rights of others.

If you believe that any material, Content, or user content on or linked from the Laugh After Dark Channels infringes your intellectual property rights, including your copyright, you may notify us by using the contact form on laughafterdark.com/contact and providing a written notification of the claimed infringement. Your notification must include the following:

  1. Identification of the copyrighted work you claim has been infringed, or if multiple works are involved, a representative list of those works.
  2. Identification of the material you believe is infringing and information sufficient to allow us to locate the material on the Laugh After Dark Channels (such as the URL(s) of the material in question).
  3. Information sufficient to allow us to contact you, such as your address, phone number, and email address.
  4. A statement by you, in good faith, that the disputed use is not authorized by the copyright owner, their agent, or the law.
  5. A statement that the information in your notification is accurate, and under penalty of perjury, that you are the owner of the exclusive right allegedly infringed or are authorized to act on behalf of the owner.
  6. Your physical or electronic signature.

This contact information is provided solely for notifying Laugh After Dark of claimed copyright infringement. Please be aware that requests sent to the Copyright Agent without the appropriate subject line or for purposes other than addressing copyright claims may not receive a response.

If you have posted user content or other material on Laugh After Dark Channels that has been removed due to a copyright infringement notice, Laugh After Dark will make reasonable efforts to notify you that the content has been removed or disabled. This notification may be given through a general notice on the Laugh After Dark Service or through written or electronic communication to the contact information you provided to Laugh After Dark, if available.

Please note that under 17 U.S.C. §512(f), anyone who knowingly makes false claims in a copyright infringement notification or counter-notification may be liable for damages.

INFORMAL DISPUTE RESOLUTION PROCEDURE, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER

  1. Definition of “Dispute”: “Dispute” is broadly defined to include any conflict, claim, demand, cause of action, or controversy between you and Laugh After Dark. This can be based on contract, statute, regulation, ordinance, tort (such as fraud, misrepresentation, fraudulent inducement, negligence, or any intentional tort), or any other legal or equitable theory. This definition covers any disputes, actions, claims, or controversies related to any content, products, or services provided by Laugh After Dark, including the Laugh After Dark Channels, these Terms of Use (including their applicability and compliance with the law), and any disputes related to communications between us. Exceptions include: (i) the right to file a lawsuit in small claims court, (ii) the right to seek an injunction in court regarding intellectual property rights, and (iii) the right to bring a lawsuit to determine the enforceability of specific sections.
  2. Mandatory Informal Dispute Resolution Process: Before initiating arbitration or a lawsuit, both parties must first attempt to resolve disputes informally:
    1. Notice: The party seeking to resolve a dispute must first send a written Notice of Dispute (“Notice”) to the other party by mail. This Notice should include the party’s name, address, contact information, specific details of the dispute, the related Laugh After Dark Service, and the requested relief, including a detailed calculation of any damages. If you are sending the Notice, it must also include your email address and (if different) the email associated with your Laugh After Dark account. Laugh After Dark will send its Notice to the email address associated with your account. Both parties must include a personally signed statement verifying the accuracy of the Notice’s contents. If you are represented by an attorney, your signed statement must authorize Laugh After Dark to disclose your account details to your attorney during the resolution process. The Notice must address only your individual dispute, not any disputes involving others. Notices should be sent to Laugh After Dark by email at [email protected].
    2. Good Faith Effort to Resolve the Dispute: After receiving a completed Notice, both parties must engage in good faith efforts to resolve the dispute within 60 days (or longer if agreed upon). The recipient may request a personalized telephone or video settlement conference, which both parties will attend (with counsel if represented). Both parties will work together to schedule the conference promptly to attempt to resolve the dispute. If no resolution is reached within 60 days of receiving the Notice (or longer if agreed upon), either party may initiate arbitration or legal proceedings as outlined below.
  3. Arbitration Agreement: If the dispute remains unresolved after 60 days following the informal resolution process, both Laugh After Dark (including its affiliates, agents, employees, predecessors, successors, and assigns) and you agree that the dispute will be resolved through binding, confidential, individual arbitration, rather than in court, with exceptions as noted below. Both parties waive the right to a jury trial.
  4. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate: These Terms of Use involve interstate commerce, and the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the arbitration provisions. The arbitration agreement will remain in effect even after the termination of the Terms of Use. Any original action to compel arbitration under Section 4 of the FAA (or similar state law) must be filed in a state or federal court in New York City, unless otherwise required by law. If the FAA is found not to apply to any aspect of the arbitration agreement, the laws of the State of New York will govern. Any arbitration between you and Laugh After Dark will be administered by the American Arbitration Association (“AAA”) under its applicable rules, including its mass arbitration supplementary rules and fee schedule, as modified by this Section. AAA’s rules and fee schedules are available at www.adr.org. In the event of a Mass Filing (defined as multiple claims brought against Laugh After Dark within a limited timeframe), the arbitration will be conducted by a single, neutral arbitrator. If both parties cannot agree on an arbitrator, one will be appointed according to AAA’s rules.
  5. Alternative Arbitration Provider: If AAA is not available to administer the arbitration under the rules and terms outlined in Section 11, including Mass Filing, the parties will select an alternative arbitration provider. If they cannot agree on a provider, a court of competent jurisdiction will appoint an arbitrator according to 9 U.S.C. § 5 who can conduct the arbitration consistent with these rules and terms. This Section will prevail in case of any conflict with the arbitration provider’s rules. For AAA arbitrations, the AAA’s Consumer Arbitration Rules and Optional Rules for Emergency Measures of Protection will apply.
  6. Filing Fee and Costs: The initiating party is responsible for paying all arbitration filing fees. Both parties are responsible for administrative and arbitrator costs as set forth by the applicable arbitration provider’s rules, unless the arbitrator finds the claims frivolous. In the case of frivolous claims, the claimant must reimburse the respondent for their share of administrative, hearing, and other fees resulting from the frivolous claim. However, if the arbitrator determines that the costs associated with arbitration are prohibitive for one party, the arbitrator may adjust or apportion costs to ensure fair access to arbitration.
  7. Time Limit to Bring Claims: To the fullest extent permitted by law, any claim or cause of action arising out of or related to your use of the Laugh After Dark Channels, these Terms, or any dispute resolution process must be filed within one year after the claim or cause of action arises. Failure to file a claim within this timeframe will result in a permanent bar from bringing such a claim.
  8. Limits on Relief: The arbitrator can only grant declaratory or injunctive relief to the individual party seeking it and only as necessary to address that party’s specific claim, according to applicable law and these Terms of Use. The arbitrator cannot award punitive, exemplary, multiplied, or consequential damages, or any other relief beyond what is allowed by law and these Terms of Use, including the Limitation of Liability provisions in Section 9. However, if the law requires such damages to be awarded, the arbitrator may grant such relief to the extent mandated.
  9. Confidentiality: Both parties agree to keep the arbitration process confidential. This includes not disclosing the existence of the arbitration, any documents exchanged, the proceedings, the arbitrator’s decision, or the amount of any award, except as necessary to prepare or conduct the arbitration. Any party with access to confidential information must agree to keep it confidential. Disclosure is permitted only for court applications for provisional remedies, to challenge or enforce an award, confirm an award, or as required by law or court order. Since the arbitration process is confidential, court confirmation of an award is only necessary if the obligations under the award are not fulfilled. Before seeking court confirmation, the party must notify the other party, and if the respondent meets the obligations within 15 business days of receiving such notice, the other party may not seek to confirm or enforce the award.
  10. Severability: If any part of Section 11 is found to be invalid, unenforceable, or illegal, the remaining parts will remain in effect and be interpreted as if the invalid provisions were not included. However, if any part of Section 9 is found to be invalid, unenforceable, or illegal, the parties agree to renegotiate those provisions in good faith before the entirety of Section 9 is deemed null and void. If renegotiation fails, then Section 9 will be void. Nevertheless, the remaining Terms of Use will continue to apply.

TERMINATION

We reserve the right to terminate your access to and use of the Laugh After Dark Channels at our sole discretion, at any time, and without prior notice. This includes the possibility of terminating or restricting your Account or your use of the Laugh After Dark Channels, including your ability to post User Content or access Content, if we determine, in our sole discretion, that you have breached these Terms of Use, violated any laws or regulations, engaged in inappropriate conduct, imposed an undue burden on our networks or servers, or for any other business reason or no reason at all. We may also use technology to limit certain activities, such as the number of requests to our servers, and you agree to adhere to these limitations and not attempt to bypass them.

You can cancel your Account using the functionality provided within the Laugh After Dark Channels.

Upon termination, discontinuation, or cancellation of the Laugh After Dark Channels or your Account, the following Sections will remain in effect: Section 2.b.ii, Section 2.f.ii, Section 2.g, Section 2.h, Sections 5 through 9, and Sections 11 through 13.

  1. GENERAL INFORMATION

Choice of Law and Forum: These Terms of Use are governed by the laws of the State of Nevada, excluding its conflict of law principles. Except for Disputes that must be resolved through the arbitration process described in Section 11, you and Laugh After Dark agree to submit to the exclusive jurisdiction of the federal or state courts located in Nevada for any Dispute arising from these Terms or the Laugh After Dark Channels.

Waiver of Jury Trial: YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS.

Limitation on Actions: YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LAUGH AFTER DARK CHANNELS, OR CONTENT MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. AFTER THIS PERIOD, THE CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

No Waiver/Reliance: If you notice other parties violating these Terms of Use, you may report it to us via the form on laughafterdark.com/contact and select the option ”Terms of Use & Privacy”. You should not rely on Laugh After Dark’s response to one situation as indicative of how we might respond to others, even if they appear similar. A failure to act on one violation does not imply a lack of objection or awareness. Additionally, a waiver of any provision of these Terms of Use with respect to one party does not constitute a waiver of that provision with respect to any other party. Delays in enforcing rights or remedies do not constitute a waiver. Any waiver of a right or provision must be in writing and signed by a duly authorized representative of Laugh After Dark. The exercise of any remedy under these Terms is without prejudice to any other remedies available.

Integration, Amendment, and Severability: These Terms of Use, including any end-user license agreement that may accompany Laugh After Dark Apps, features, and devices, represent the entire agreement between you and Laugh After Dark regarding your use of the Laugh After Dark Channels and supersede any prior agreements. Except as stated in Section 1, these Terms may only be amended or modified in writing signed by Laugh After Dark. Although electronic or digital signatures are often considered equivalent to traditional signatures, for these purposes, a valid signature or agreement must not include an electronic or digital signature. If any provision is held to be unlawful, void, or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be enforced to the maximum extent permissible.

Assignment: You may not assign or transfer these Terms of Use without prior written consent from Laugh After Dark. Any attempted assignment without consent will be null and void. Laugh After Dark may assign or transfer these Terms without restriction. These Terms will bind and benefit the parties, their successors, and permitted assigns.

Notices: Any notices or communications from Laugh After Dark, including modifications to these Terms, will be provided: (i) via email, or (ii) by posting on the Channels. Notices sent by email will be considered received on the date they are transmitted.

Contact: For questions about these Terms of Use, please submit them at www.laughafterdark.com/contact.