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DESCRIPTION OF SERVICE. Improv Tonight (the âServiceâ) provides a web-based application for submitting information to be displayed within a mobile app. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an âAS-ISâ basis and that Improv Tonight assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).
YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Serviceâs registration form (such information being the âRegistration Dataâ) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Improv Tonight has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Improv Tonight has the right to suspend or terminate your account and/or submission and refuse any and all current or future use of the Service (or any portion thereof). Children under the age of 18 may not use Improv Tonight or use any Improv Tonight services.
PAYMENT AND FEES
Payment by Credit Card. You hereby authorize Improv Tonight to charge your credit card as set forth in the Payment Method section of the Registration Form to a monthly Services fee.
Improv Tonight PRIVACY POLICY. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please review our full privacy policy on our Privacy Policy webpage. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Improv Tonight and its affiliates. Improv Tonight may reasonably use your name and information for its investor relations and marketing purposes.
MEMBER CONDUCT
a. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (âContentâ), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Improv Tonight, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Improv Tonight does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Improv Tonight be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
b. You agree to not use the Service to:
upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, âjunk mail,â âspam,â âchain letters,â âpyramid schemes,â or any other form of solicitation;
upload, post, text message, email, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anotherâs privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party (âRightsâ);
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
âstalkâ or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) through (vii) above.
c. You acknowledge that Improv Tonight may or may not pre-screen Content, but that Improv Tonight and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Improv Tonight and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
d. You acknowledge, consent and agree that Improv Tonight may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Improv Tonight, its users and the public.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE. Improv Tonight does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to Improv Tonight the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service and elsewhere for the purpose for which such Content was submitted or made available and also for the purpose of providing and promoting the Service to which such Content was submitted or made available.
INDEMNITY. You agree to indemnify and hold Improv Tonight, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneysâ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.
GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that Improv Tonight may establish general practices and limits concerning use of the Service but that Improv Tonight has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
MODIFICATIONS TO SERVICE. Improv Tonight reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Improv Tonight shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION. You agree that Improv Tonight may, under certain circumstances and without prior notice, immediately terminate your Improv Tonight account, any associated submissions and/or email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (g) your engagement in fraudulent, illegal or improper activities, (h) third party operator requirement, and/or (i) nonpayment of any fees owed by you in connection with the Services. You may terminate your access and use of the Service upon prior written notice to Improv Tonight. In no event shall you be entitled to a refund of any fees paid to Improv Tonight hereunder.
Improv Tonight's PROPRIETARY RIGHTS. Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of Improv Tonight. Improv Tonight retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your Improv Tonight I.D., account, account designation, password and other Improv Tonight information), use of the Service, or access to the Service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN âAS ISâ AND âAS AVAILABLEâ BASIS. Improv Tonight EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Improv Tonight MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Improv Tonight OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Improv Tonight SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Improv Tonight HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
NOTICE. Improv Tonight may provide you with notices, including those regarding changes to the Agreement, by either text message, e-mail, regular mail, or postings on the Service.
TRADEMARK INFORMATION. The trademarks, service marks, logos and product and service names of Improv Tonight are trademarks of Matthew Hoelter (the âImprov Tonight Marksâ). You agree not to display or use in any manner, the Improv Tonight Marks without Improv Tonight's express prior written consent.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. Improv Tonight respects the intellectual property of others, and we ask our users to do the same. Improv Tonight may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Improv Tonight's Copyright Agent:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property ownerâs behalf.
Notice of claims of copyright or other intellectual property infringement should be addressed to: Matthew Hoelter, via email: improv [AT] matthewhoelter [DOT] com.
GENERAL INFORMATION
Choice of Law and Forum. This Agreement and the relationship between you and Improv Tonight shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Improv Tonight agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois.
Waiver and Severability of Terms. The failure of Improv Tonight to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partiesâ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Non-Transferability. You agree that your Improv Tonight account is non-transferable, and this Agreement may not be assigned by you without Improv Tonight's prior written consent.
Entire Agreement. This Agreement constitutes the entire agreement between you and Improv Tonight and governs your use of the Service, superseding any prior agreements between you and Improv Tonight with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from Improv Tonight.
The following Privacy Statement sets forth the policies for, the collection and use of personally identifiable information (âInformationâ) by Kode LLC ("Improv Tonight"). This Statement covers the operation of its Web Site http://www.improvtonight.matthewhoelter.com (the âSiteâ) and its private label message services, operated on behalf of third parties (its âClientsâ) and supersedes any previous statement of such policies. (The Site and private label service, are referred to collectively as the âBusinessâ in this Statement.) Improv Tonight takes its obligations regarding privacy very seriously, and it wants to ensure Clientsâ are fully informed about the Information they are providing. âPersonally identifiable Informationâ refers to information that can identify an individual such as a name, or email address. Please address your questions about this Site, or Privacy Statement to improv [AT] matthewhoelter [DOT] com.
Collection of Information
We collect personal information on the Site to facilitate the services offered to you during your use of the business. To submit a form on the Site, we require name, email, as well as sensitive financial information including credit card numbers to process the registration. Where applicable, we also collect third party personal information if the registered administrator is different from the initiator of the registration for the service. By using the service, the platform exists for Clientsâ to enter third party personal information as described above into their account user list. None of this personal information is used for any promotional purposes, or shared with third parties for their promotional purposes. Improv Tonight may also collect non-personally identifiable information from Clientsâ via âcookiesâ (small text files placed by Improv Tonight on user computers), single-pixel GIF image files (also called âWeb beaconsâ), Web server log analysis and other similar technological means. We also receive website navigational information such as IP address and referring URL when our Site is visited. Such information may be used to track site trends and enhance the user experience, and may be shared with third parties in aggregated, non personally identifiable form. To the extent third parties may place advertising on the Site, such third parties may use cookies, or other technological means within the advertising to collect and use non-personally identifiable information. Improv Tonight is not responsible for information collected by third parties in this manner, nor for the collection or use of Information by other sites to which the Site is linked.
No Collection of Information from Children
This Site is not intended for users under the age of 18, nor does Improv Tonight knowingly collect, or retain Information from children under the age of 18.
Use of Information
Improv Tonight uses Information collected in connection with the Site in the following ways:
To provide requested information, products and services to users via the Site.
To improve the user experience with the Sites
In connection with the operation of the Sites
For users to obtain information and offers for products and services offered by Improv Tonight.
Security
Improv Tonight uses industry accepted electronic and physical standards of security to reduce the risk of improper access to or manipulation of Information during transmission and storage. We employ the use of SSL [Secure Socket Layer] technology to protect your sensitive information during transmission. While we take every precaution to guarantee safety, no method of security is 100% effective and we encourage you to employ discretion while submitting your information.
Information Sharing
Improv Tonight may be legally obligated to disclose information to the government or to third parties under certain circumstances, such as illegal activity on our Site. Improv Tonight reserves the right to release personal information to its service providers, law enforcement, or other government officials, or in response to a formal request in a civil action, Court order or judicial proceeding as we, in our sole and absolute discretion, deems necessary or appropriate. Moreover, in the event of a merger, sale, or acquisition of some, or all of Improv Tonight's assets, your personal information could be part of the transferred assets. In such an event, we shall notify you by a notice on the home page. Any changes to the information practices governing your information & your choices would be noted. The Site employs the use of a third party payment processor to process payments made to us. This third party is not authorized to use this information for any purposes beyond facilitating this service on our behalf. We post customer testimonials on our Site that may include a userâs name and email [not displayed]. We obtain permission of our Clientsâ prior to posting their testimonials on our Site. When you select to comment on a blog post, please be aware that any personal information you submit therein shall be available publicly to other users of the Site & can be used to send unsolicited messages. Improv Tonight is not responsible for the personal information a user selects to disclose in a public forum.
Access to Information
All Clientsâ who provide their Information to Improv Tonight may modify and correct such Information by e-mailing us at improv [AT] matthewhoelter [DOT] com and registered Clientsâ can modify their personal information and accounts by logging into their accounts on our home page and modifying their preferences.
California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of Improv Tonight who are California residents to request certain information regarding Improv Tonight's disclosure of personal information to third parties for such third partiesâ direct marketing purposes. To make such a request, please write to: improv [AT] matthewhoelter [DOT] com.
Changes to this Privacy Policy Improv Tonight reserves the right to revise and update this Privacy Policy at any time. Any such revisions will be effective on the date of posting to the Site, and will apply to all information collected by Improv Tonight both prior to, and following the effective date. Your use of the Site following any such revisions will be deemed your acceptance of such revisions. Users should periodically visit this page to review the current policies with regard to Information. Should we make a material change to the manner in which we collect, use or store information collected on our Site, we shall notify you via system notification upon login.
Contacting Us
You can contact Improv Tonight with your questions and concerns at: improv [AT] matthewhoelter [DOT] com.
Effective: August 1st 2017