Sucksbox.com Terms of Use

Welcome to the Sucksbox.com web site (the "Site"), owned and operated by Rooftop Media, Inc. ("Rooftop," "we," "us," "our," etc.). By checking "I Agree" or by using the Site after having been afforded an opportunity to review the following terms and conditions concerning your use of the Site ("Terms of Use"), you are indicating that you agree to follow and be bound by the Terms of Use, as may be modified by us from time to time.

1. Acceptance of Terms of Use

Subject to the terms and conditions of these Terms of Use, we hereby grant you a nonexclusive, revocable, nontransferable, limited license to use the Site and accompanying services, Media and Content, as set forth herein. If you do not agree to these Terms of Use, you may not use the Site. We may, in our sole discretion, amend these Terms of Use, at any time, by posting a notice within the Terms of Use portion of the Site. Each such change shall be effective fifteen (15) days following such posting. Your continued use of the Site following the effectiveness of any such changes will indicate your agreement to be bound by such amended Terms of Use. If you object to any provision of these Terms of Use or any subsequent modifications to these Terms of Use or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.

From time to time, we may supplement these Terms of Use with additional terms pertaining to specific content, services or events ("Additional Terms"), which Additional Terms may be placed on the Site to be viewed in connection with the specific content, services or events and shall be identified as such. Such Additional Terms are hereby incorporated by reference into these Terms of Use.

You represent to us that you have the authority to register with the Site according to these Terms of Use. The site is not intended for use by children. If you are under the age of 18, you may not use or register with the Site or provide personal information to us.

CONTENT SUBMISSIONS

The following applies to persons who submit content, text, photos, videos, films, sketches and the like ("Submissions") to be published on the Site:

  1. You agree that Rooftop may:
    1. 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;
    2. license the above rights to Rooftop's authorized agents and licensees (including posting the Submissions on partner websites such as Facebook and Twitter); and
    3. 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.
  2. You represent and warrant that:
    1. you are the owner of the Submission and all rights associated with it, or have an unrestricted right to grant to Rooftop all the rights granted under these Terms of Use; and
    2. all the following have been fully paid or discharged or will be fully paid and discharged by you or by persons other than Rooftop
      1. 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
      2. 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.

Once submitted, Rooftop and its licensees will not be responsible for removing the Submission from the Site, any podcast or other distributed medium. By submitting any materials to Rooftop, you are waiving the right to inspect or approve your Submission or the materials into which it or they may be incorporated or any use with which it or they may be associated. Whether or not Rooftop or its licensees display your Submission, you agree that you will receive no payment with respect to our exercise of the rights you've granted to us in these Terms of Use.

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 Site may provide links to web sites and access to content, products and services of third parties, including without limitation, Rooftop's sponsors, strategic partners and other entities with which our connection consists of only a hyperlink ("Other Sites"). You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. Rooftop is not responsible for:

  1. 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;
  2. 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
  3. 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.

4. Registration

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:

  1. the information about yourself is true, accurate, current, and complete as required by various Rooftop registration forms ("Registration Information");
  2. you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete; and
  3. 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

You agree that we may at any time, and for any reason, modify, change, terminate or suspend any component(s) of the Site or these Terms of Use, without notice and without liability to you or any third party. We may also impose limits on certain features of the Site or restrict your or any third party's access to part or all of the Site for any reason (including, without limitation, your breach of these Terms of Use) or no reason, without notice or penalty. Upon any termination of your access to the Site or these Terms of Use, all provisions of these Terms of Use that by their nature extend beyond the termination shall survive. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms of Use.

6. User Conduct

You warrant and agree that, in connection with your use of the Site, you will not:

  1. violate any applicable local, state, national, foreign or international law, statute, ordinance, rule or regulation;
  2. 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;
  3. 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");
  4. 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;
  5. 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);
  6. 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;
  7. use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
  8. 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:
    1. is libelous or defamatory, pornographic, or unlawful or that encourages any of the foregoing;
    2. 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;
    3. 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;
    4. promotes software or services that deliver unsolicited email, including without limitation, bulk email, surveys, contests, "junk mail," "spam," or chain letters;
    5. 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;
    6. 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);
    7. violates or encourages others to violate any applicable law, or
    8. contains direct links (by a single click) to web sites that contain information of the kind described in this definition ("Objectionable"); or
    9. 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

  1. Rooftop does not pre-screen or control Forum Information;
  2. Rooftop does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein;
  3. you may find other users' Forum Information to be offensive, harmful, inaccurate, or deceptive, and
  4. 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 support@sucksbox.com, 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:

  1. you authorize Rooftop to do so;
  2. 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
  3. if Rooftop is required to do so by law or in the good faith belief that such action is necessary to:
    1. conform with applicable laws or comply with legal process served on Rooftop;
    2. protect and defend the rights or property of Rooftop or another user; or
    3. enforce these Terms of Use. The foregoing notwithstanding, in the event you submit personally identifiable information as part of your use of a Site Forum, including without limitation, your email address, you understand and agree that all such personally identifiable information so submitted may be disclosed within the Site Forums to other users. Personally identifiable information submitted by you as part of your use of a Site Forum, is explicitly excluded from the Rooftop Privacy Statement.

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:

  1. the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site; or
  2. 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

  1. 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.
  2. Any streaming media, webcasts, "podcasts," software and/or other tools or media that are made available for download from the Site ("Media") is proprietary to Rooftop and/or its licensors and suppliers. Certain Media may be accompanied by individual end user license agreements and you may not download any Media from the Site unless you have agreed to the terms of such accompanying end user license agreements. All Rooftop proprietary Media made available to you via the Site shall be governed by these Terms of Use, unless otherwise agreed to in writing by Rooftop.
  3. Subject to the provisions contained in these Terms of Use, Rooftop grants to you, and you accept, a non-exclusive, non-transferable right and license to use (and to download where expressly permitted) the Media solely in connection with your use of the Site, for your own internal personal or business purposes.
  4. 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
    1. copy the Media;
    2. encumber, transfer, rent, lease, time-share or use the Media in any service bureau arrangement or provide any third parties access to the Media;
    3. distribute, manufacture, translate, localize, port, adapt or create derivative works of the Media;
    4. engage in any Objectionable behavior or use the Media to transmit or store any Objectionable materials; or
    5. publish benchmark results relating to the Media, or disclose Media features, errors or bugs to third parties.
  5. 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.
  6. 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.
  7. As between you and Rooftop, Rooftop owns all right, title and interest in and to
    1. the Site, and the underlying methodology and the copyrightable structure of the organization and presentation of the Site, including the Content and the Media;
    2. Registration Information as described in this Agreement (subject to our Privacy Statement); and
    3. 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

Content, including but not limited to performances, films, text, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material or information presented to you through the Site by Rooftop or Rooftop's third party licensors ("Content") is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by Rooftop. These Terms of Use do not transfer any right, title, or interest in the Site or the Content to you, and Rooftop and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.

Except as provided in these Terms of Use, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of Rooftop. Requests for such permission should be made to info@rooftopcomedy.com.

You may download, view and, if applicable, print Content, but only if:

  1. the Content is used solely for personal, informational, or internal business purposes;
  2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
  3. all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
  4. the Content is not modified or altered in any way; and
  5. 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

N NO EVENT SHALL WE, OUR EMPLOYEES, ADVISORS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS REVENUE, DATA OR USE, LOST GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE EQUIPMENT OR SERVICES) INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE OR YOUR USE THEREOF OR CONTENT THEREON, HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER WE AND/OR OUR EMPLOYEES, EXPERTS, CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, ANY FORCE MAJEURE AND ANY THIRD-PARTY CLAIMS AGAINST ANY USER. SOME JURISDICTIONS LIMIT DISCLAIMERS OF CERTAIN LIABILITIES, SO CERTAIN OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

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

  1. your use of or access to the Site or the Content or your linking to or emailing the Site,
  2. the violation of these Terms of Use by you, or
  3. 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
  4. 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.

15. Marks

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.

16. Copyright

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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. 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
  6. 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: will@rooftopmedia.com

17. Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of California without regard to conflicts of laws principles thereof. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. Both parties submit to jurisdiction in California and further agree that any cause of action arising under these Terms of Use shall be brought exclusively in any state or federal court located in San Francisco. If any provision of these Terms of Use is held by a court or arbitrator to be invalid or unenforceable, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use (including the Privacy Statement and any Additional Terms posted on or linked to by the Site and incorporated herein by reference), and any modifications to the foregoing, set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Rooftop may assign its rights and duties under these Terms of Use without such assignment being considered a change to the Terms of Use and without notice to you. You may not assign these Terms of Use without the prior written consent of Rooftop. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. We will provide you with notices via email to the address you provide us in your registration, or, at our discretion, via certified U.S. Mail, to the address you provided to us in your registration or any other address you may subsequently specify. You will provide notices to us via email to support@sucksbox.com. Neither party shall be liable for any delays or other failures to perform resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, website or power outages, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

You acknowledge

  1. that you have read and understood these Terms of Use;
  2. that these Terms of Use have the same force and effect as a signed agreement; and
  3. that, if you are accepting these Terms of Use on behalf of another person or entity (e.g., as that person's agent or manager, or on behalf of a sketch group), you have the authority to do so.

If you have any questions regarding these Terms of Use or the Site, please contact Rooftop at support@sucksbox.com.