The following applies to persons who submit content, text, photos, videos, films, sketches and the like ("Submissions") to be published on the Site:
You agree that Rooftop may:
- use, distribute, re-purpose, duplicate, and exhibit the Submission (including without limitation the right to use, license and authorize others to use the name, physical likeness and voice of any person appearing in or rendering services in connection with the Submission) for commercial and advertising purposes;
- license the above rights to Rooftop's authorized agents and licensees (including posting the Submissions on partner websites such as Facebook and Twitter); and
- edit, convert and configure the Submission to meet the format requirements of the applicable platform; provided, that such changes do not materially alter the meaning or substance of the Submission.
You represent and warrant that:
all the following have been fully paid or discharged or will be fully paid and discharged by you or by persons other than Rooftop
- all claims and rights of owners of copyright in literary, dramatic and musical rights and other property or rights in or to all stories, plays, scripts, scenarios, themes, incidents, plots, characters, dialogue, music, words, and other material of any nature whatsoever appearing, used or recorded in the Submission; and
- all payments required to be made to any performing rights society or to any body or group representing authors, composers, musicians, artists, comedians, any other participants in the production of the Submission, publishers or other persons having legal or contractual rights of any kind in the Submission and any taxes thereon.
2. Privacy Statement
Any information provided by you or gathered by us or third parties during any visit to the Site is subject to the terms of our Privacy Statement, which is incorporated herein by reference. We encourage you to periodically read our Privacy Statement.
3. Third Party Sites; Product Purchases
- the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by Rooftop, or vice versa;
- third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); or
- any loss or damage of any sort you may incur from dealing with any third party.
You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on the Site ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of, and the payment for, goods and services and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between yourself and the Advertisers. Rooftop shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence, participation or transactions.
Certain areas of the Site require a password, and will require the user to register and provide certain data to Rooftop. Rooftop may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Site at any time, in its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to Rooftop:
- the information about yourself is true, accurate, current, and complete as required by various Rooftop registration forms ("Registration Information");
- you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete; and
- if you are providing Registration Information on behalf of another person or entity (e.g., in a capacity as such person's agent or manager or on behalf of a sketch group), you have the authority to do so. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rooftop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rooftop has the right to suspend or terminate your account and refuse any and all current or future use of the Site. All Registration Information will be treated in accordance with Rooftop's Privacy Statement. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.
5. Termination or Modification of the Site
6. User Conduct
You warrant and agree that, in connection with your use of the Site, you will not:
- violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation;
- impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity, or use the Site domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service;
- upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses, including without limitation any copyright, trademark, patent, industrial design, trade secret, music, confidentiality, moral rights, rights of privacy or publicity or any other proprietary right (collectively, "Rights");
- interfere with or disrupt the use of the Site, nor interfere with the use of the Site by any user nor "stalk", threaten, harvest email addresses or other personal information from, or in any manner harass any other user, or use any Forum Information provided by other users for direct marketing or to transmit unsolicited email;
- upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any "investment opportunities" (except as may be expressly permitted by the use of the Site);
- upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site or that of other computer systems;
- use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
upload, post, transmit, publish, link to or distribute any material or information in any medium or format, including without limitation text, data, graphics, audio or video, content (or use of the content) that:
- is libelous or defamatory, pornographic, or unlawful or that encourages any of the foregoing;
- a reasonable person would consider harassing, abusive, threatening, harmful, excessively violent or racially or ethnically objectionable or promotes bigotry, racism or harm against any group or individual;
- constitutes a breach of any person's privacy or publicity rights, hate speech or an infringement or misappropriation of any third party's Rights of any kind;
- promotes software or services that deliver unsolicited email, including without limitation, bulk email, surveys, contests, "junk mail," "spam," or chain letters;
- disrupts or interferes with the security of, or otherwise abuses, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked programs or services;
- is subject to any restriction upon transmission under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
- violates or encourages others to violate any applicable law, or
- contains direct links (by a single click) to web sites that contain information of the kind described in this definition ("Objectionable"); or
- reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Site (including, but not limited to any materials or information accessible through the Site).
7. Use of Interactive Components of the Site
The Site may contain web pages, bulletin boards, forums and chat rooms (collectively, "Site Forums") where users may provide content (including, without limitation, text, hyperlinks, photographs or other graphics), e-mail communications or other information that will be posted on or through the Site (collectively, as provided by any user "Forum Information"). You acknowledge that
- Rooftop does not pre-screen or control Forum Information;
- Rooftop does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein;
- you may find other users' Forum Information to be offensive, harmful, inaccurate, or deceptive, and
- Rooftop shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material. Rooftop may allow certain comedians and other performers to submit to Rooftop hyperlinks to their respective web sites, for Rooftop to publicly display on the Site; such hyperlinks shall be deemed to be Forum Information, subject to the terms hereof. If you believe that Rooftop has acted mistakenly with respect to certain Forum Information or other content, you may contact us at firstname.lastname@example.org, in which case we may investigate the matter further. We reserve the right, however, to take no further action. We support free speech on the Internet and therefore will not act on complaints that we believe, in our judgment, to be deficient. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, Rooftop shall terminate your access to the Site, as further described in Section 16.
In addition to the restrictions on disclosure of Registration Information as set forth in Rooftop's Privacy Statement, Rooftop will not edit, delete or disclose the contents of your personally identifiable information submitted in connection with your Forum Information or your use of the Site unless:
- you authorize Rooftop to do so;
- you yourself disclose your identity or other personal information about yourself in a Site Forum or as part of Forum Information posted to an area of the Site accessible to other Users; or
if Rooftop is required to do so by law or in the good faith belief that such action is necessary to:
- conform with applicable laws or comply with legal process served on Rooftop;
- protect and defend the rights or property of Rooftop or another user; or
By submitting any Forum Information to the Site, including via message boards, forums, contests and chat rooms, you grant us and our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (either publicly or by digital audio transmission) the content or Forum Information (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, subject to our Privacy Statement with respect to your Information (as defined in the Privacy Statement). You also warrant that the holder of any Rights (including literary, dramatic and music rights) in such content has validly and irrevocably granted to you the right to grant the license stated above.
Rooftop does not control the content or subject matter of the Forum Information that may be posted through the Site. You may find such content to be offensive, harmful, inaccurate, or deceptive. Any opinion, idea or view expressed within such Forum Information is the responsibility of the applicable author and Rooftop does not endorse any such opinion, idea or view. By using this Site, you agree to accept such risks and Rooftop is not responsible for the content or subject matter of the Forum Information.
8. General Practices Regarding Use and Storage
You acknowledge that Rooftop may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Forum Information will be retained by the Site, the maximum disk space that will be allotted on Rooftop's servers on your behalf, and the maximum number of occasions (and the maximum duration for which) you may access the Site in a given period of time. You agree that Rooftop has no responsibility or liability for:
- the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or
- Rooftop's election, in its sole discretion, to retain any such messages or other communications or content transmitted through the Site. You further acknowledge that Rooftop reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Rooftop may provide you with access via the Site to live or taped performances of comedians and other performers. We do not control the content or subject matter of the performances that are made available through our Site. You may find the performances to be offensive, harmful, inaccurate, or deceptive. Any opinion, idea or view expressed within the performances is the responsibility of the applicable author and Rooftop does not endorse any such opinion, idea or view. By using this Site, you agree to accept such risks and Rooftop is not responsible for the content or subject matter of the performances.
9. Unsolicited Idea Submission Policy
Rooftop and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Rooftop's products or marketing strategies might seem similar to ideas submitted to Rooftop. Please do not send your unsolicited ideas to Rooftop or anyone at Rooftop. If, despite this request, you still send us your ideas and such materials, please understand that Rooftop makes no assurances that your ideas or materials will be treated as confidential or proprietary, and you hereby understand and agree that Rooftop is free to use any concepts, know-how or techniques that you submit to Rooftop for any purpose.
10. Intellectual Property Rights
- You acknowledge that you will not acquire any rights to any materials or information on the Site by downloading any such information or materials from the Site.
You shall not directly or indirectly, modify, translate, reverse engineer, or disassemble the Media except to the extent expressly permitted by applicable law and only to the extent that Rooftop and its third party licensors are not permitted by such law to exclude or limit such rights. Unless expressly permitted hereunder, you may not directly or indirectly
- copy the Media;
- encumber, transfer, rent, lease, time-share or use the Media in any service bureau arrangement or provide any third parties access to the Media;
- distribute, manufacture, translate, localize, port, adapt or create derivative works of the Media;
- engage in any Objectionable behavior or use the Media to transmit or store any Objectionable materials; or
- publish benchmark results relating to the Media, or disclose Media features, errors or bugs to third parties.
- Any Media constituting software which is downloaded from the Site by or on behalf of the United States Government, its agencies and/or instrumentalities (the "Government"), is provided with Restricted Rights, as defined in FAR 52.227.19 (if for civilian agency use), and as defined in DFAR 227.7202 (if for Department of Defense use). The Government agrees that such Media is "commercial computer software" and use, duplication, or disclosure by the Government constitutes acknowledgment of Rooftop's and its third party licensors' proprietary rights, and is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227.7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227.19, as applicable. Manufacturer is Rooftop.
- You may not access, download, use export, or re-export any portion of the Site, Media, Content (as defined below in Section 11), products, or services provided through the Site in violation of any export or other applicable laws, restrictions, and/or regulations of any United States or foreign agency or authority. You agree to affirmatively comply with all such laws, restrictions, and/or regulations.
As between you and Rooftop, Rooftop owns all right, title and interest in and to
- the Site, and the underlying methodology and the copyrightable structure of the organization and presentation of the Site, including the Content and the Media;
- Registration Information as described in this Agreement (subject to our Privacy Statement); and
- all Rooftop trademarks and other intellectual property incorporated therein. The Rooftop logos and other marks are owned by Rooftop. All other marks and written material that appear throughout the Rooftop Site belong to Rooftop or the respective owners of such marks and content, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks or content appearing throughout Site without the express written consent of Rooftop or the owner of the mark or content, as appropriate, is strictly prohibited.
11. Use of Site Content
You may download, view and, if applicable, print Content, but only if:
- the Content is used solely for personal, informational, or internal business purposes;
- the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
- all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
- the Content is not modified or altered in any way; and
- no graphics are used separately from accompanying text.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Rooftop or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rooftop logo or other proprietary graphic or trademark as part of the link without express written permission.
12. Disclaimer of Warranties
While we take great care in the Content we provide on our Site, we do not guarantee the accuracy or completeness of any Content on or provided in connection with the Site. USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, NON-INTERFERENCE WITH ENJOYMENT, ACCURACY, INTEGRATION AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
13. Limitation of Liability
14. Indemnification and Release
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, consultants, advisors, experts, officers, directors and employees, agents, successors and assigns harmless from any claim or demand, liability, judgment, damage, expense or loss, including reasonable court costs and attorneys' fees, made by any third party arising out or relating to
- your use of or access to the Site or the Content or your linking to or emailing the Site,
- the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity or
- your submission of any material to Rooftop or from any person's use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
In the event that you have a dispute with one or more users, you release Rooftop (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Certain product, service, or company designations for companies other than Rooftop may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where Rooftop is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:Will C. Rogers 530 Howard Street, Suite 400 San Francisco, CA 94105 Email: email@example.com