Terms of Use and Privacy Policy
Agreement
Welcome to JeffDunham.com (the "Site", "we," "us," "our").
The following are terms of a legal agreement ("Agreement") between
you and the Site. These terms of use ("Terms of Use") apply to a
user ("user," "you," or "your") who accesses,
visits, browses, views, and/or otherwise uses this Site. By accessing, visiting,
browsing, viewing and/or otherwise using this Site, you acknowledge that you
have read, understood, and agreed to be bound by these Terms of Use, and to
comply with all applicable laws and regulations. If you do not agree with
the foregoing, you should leave the Site immediately.
We reserve the right to modify or amend this Agreement without notice at any
time. It is therefore important that you read these Terms of Use regularly
to ensure that you are updated as to any changes.
If you become aware of misuse of this Site by any person, please contact the
Site administrator at webteam@jeffdunham.com with your concerns.
Children
You must be at least 13 years of age to access, visit, browse, view and/or
otherwise use this Site. If you are between the ages of 13 and 18 you must
obtain the consent of your parent or legal guardian. By visiting this Site,
you represent and warrant: (i) that you are at least 18 years of age or (ii)
that, as parent or legal guardian, you have authorized your child who is between
the ages of 13 and 18 to use this Site.
Privacy Policy
Your privacy on the Internet is of paramount importance to us. Because
we collect certain types of information about the users of this Site and purchasers
of the products sold on the Site we feel that you should fully understand the
conditions of our collection and use of such information. This privacy
policy (“Privacy Policy”) discloses what information we collect and how we
use it. By using this Site, you consent to our collection and use of
your personal information as described in this Privacy Policy.
This Site uses or may use personally identifiable information that users willingly
provide to us, including, without limitation, a user's e-mail address, for
internal purposes, including, without limitation, for sending users updates
and information about upcoming Jeff Dunham shows, events, appearances, projects,
merchandise and product offers, newsletters, contests/sweepstakes/giveaways,
and changes to the Site. By providing personally identifiable information
to us, you consent to us sending you such communications and further acknowledge
and agree that we may send you any notices via e-mail, including any notices
required by law, in lieu of communication by postal mail or other means. You
have the opportunity to update any personal information you have given to us
or to opt out of receiving such communications from us at any time by sending
an e-mail to the Site administrator at webteam@jeffdunham.com.
Additionally, there is certain information that we may automatically collect
from you when you visit the Site such as the IP address you use to connect
to the Internet. We use your IP address for system administration purposes,
such as to help diagnose problems with our server. We may also use your
IP address to help identify you and to gather broad demographic information
about you and the rest of the users who visit our Site. We may use Site browser
software tools such as cookies and web server logs to gather information about
our Site users' browsing activities in order to constantly improve our Site
and better serve our users of this Site. This information helps us to
design and arrange our web pages in the most user-friendly manner and to continually
improve our Site to better meet the needs of our users and prospective users. We
do not use these technologies to capture your individual e-mail address or
any personally identifying information about you although they do permit us
to send focused online banner advertisements or other such responses to you.
Certain features on the Site may not be available to you if you disable the
cookies function on your computer. Furthermore, we may collect and analyze
information about your use of the Site as aggregated with the use of the Site
by other users; for example, overall usage patters of Site users, the total
number of users, the percentage of users who are male/female, or in a certain
age range, or who live in a particular region, etc. The collection and analysis
of this aggregate information is important in the operation and enhancement
of the Site and other business purposes. Aggregate information may be complied
in reports and disclosed, sold, licensed or rented by third parties. However,
since aggregate information does not include any information which can be used
to personally identify you or any other Site user, it is not possible for the
third party recipient of the aggregate information to use it to identify or
contact you.
The Site currently does not disclose to third parties personally identifiable
information that users provide, except from time to time, we may (i) transfer,
disclose or share such information with third parties who may be engaged by
us specifically to handle and deliver certain online activities (e.g.,
conducting contests and sweepstakes, answering customer support inquiries,
etc.), (ii) share your personal information with third parties in order to
fulfill a service or transaction that you may have requested from us, (iii)
publicly post or display certain limited user information on the Site (e.g., posting
the name of a contest winner, etc.) as determined by us in our sole discretion;
and (iii) disclose personally identifiable information to third parties in
order to comply with the law or requests by law enforcement agencies, to enforce
our Terms of Use, to protect the rights, property or safety of our Site, users
of our Site and others.
This Site may contain links to other websites, as well as advertisements from
companies with their own websites. These other websites may not have
privacy policies, and we are not responsible for the privacy practices or the
content of such websites. If you have any questions about how these other
websites use your information, you should contact them directly.
You understand and acknowledge that no data transmission over the Internet
can be guaranteed to be 100% secure and we cannot guarantee that any personal
information you submit to us will be free from unauthorized third party intrusion.
You understand and agree that all information you submit to this Site is done
so at your own risk.
Ownership of Intellectual Property
All Site software, design, text, images, photographs, illustrations, audio
clips, video clips, artwork, graphic material, or other copyrightable elements,
and the selection and arrangements thereof, and trademarks, service marks and
trade names (the "Material") are the property of the Site and/or
its owners, principals, subsidiaries, affiliates, assigns, and licensors or
other respective owners and are protected, without limitation, pursuant to
U.S. and foreign copyright and trademark laws. The Material may not be copied,
distributed, reproduced or used in any manner without our prior written consent.
User Content
We may elect to offer community features on the Site, such as message or bulletin
boards, forums, and chat rooms. In such event, we will not assume any obligation
to monitor, filter, censor, edit, or regulate information or content provided
by you or third parties on the Site, although we reserve the right to do
so in our sole discretion. This Site does not endorse, warrant the accuracy
or reliability of, or assume any liability in connection with any such information
or content provided by users or other third parties.
As to any information or content that you upload or post to the Site, you represent
and warrant that it does not violate any third party rights, including, without
limitation, any copyright, trademark or other intellectual property rights,
and does not constitute an infringement or violation of any rights of privacy
or publicity or constitute libel, slander or defamation or give rise to any
other cause of action. You also agree not to upload or post to the Site: (a)
infringing, defamatory, obscene, pornographic, threatening, abusive, violent,
illegal, hateful, rude, harassing, or otherwise improper content, (b) viruses
or other harmful items, (c) content with a commercial purpose (such as offers
to sell products or services or attempts to solicit funds or advertise products
or services), or (d) content which impersonates any person, including, but
not limited to, Jeff Dunham.
We reserve the right (but do not assume any obligation), in our sole discretion,
to delete any postings on this Site for any reason or no reason, including
those postings that violate these Terms of Use.
Notwithstanding any unsolicited submissions as further described below, the
Site does not claim ownership of any content you provide to the Site (including
feedback and suggestions) or post, upload, input or submit to the Site. However,
by posting, uploading, inputting, providing or submitting your content, you
are granting the Site and its licensors and assigns a perpetual, irrevocable,
worldwide, royalty-free and fully-sublicensable (through multiple tiers) right
to use your content for any and all purposes, including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your content; publish your name in
connection with your content; and sublicense any such rights. No compensation
will be paid with respect to the use of your content as provided herein. We
are under no obligation to post or use any content you may provide, and we
may remove any content at any time in our sole discretion.
Unsolicited Submissions
This Site does not knowingly accept unsolicited submissions, including, without
limitation, submissions of jokes, monologues, skits, comedy routines, scripts,
story lines, articles, fan fiction, characters, drawings, information, ideas
or concepts. Our policy is to simply delete any such submission without reading
it. Therefore, any similarity between an unsolicited submission and any creative
work relating to the Site, Jeff Dunham, I Keel You, Inc. or related parties
or entities, including, without limitation, dummies, characters, jokes, monologues,
skits, comedy routines, films, television series, story titles, or concepts
would be purely coincidental. If unsolicited materials are sent to the Site,
however, these submissions become the property of the Site and may be used,
copied, sublicensed, adapted, transmitted, distributed, publicly performed,
published, displayed or deleted as we see fit. You agree that you are not
entitled to any compensation, credit, or notice whatsoever and that by sending
an unsolicited submission you waive the right to make any claim against Jeff
Dunham, I Keel You, Inc., any related or affiliated entities, this Site, its
owners, principals, parents and affiliates relating to unsolicited submissions,
including, without limitation, copyright infringement, unfair competition,
breach of implied contract or breach of confidentiality.
Standard Contest Rules
The following are the official rules for all contests/sweepstakes/giveaways
on this Site, if any, unless otherwise noted.
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
Contests/sweepstakes/giveaways are open to legal residents of the U.S. physically
located in one (1) of the fifty (50) United States or the District of Columbia,
ages 13 and older as of the date of entry. All minors must seek parental/guardian
approval before participating in a contest/sweepstakes/giveaway. Any contest/sweepstakes/giveaway
is subject to all applicable federal, state, county and local laws. Void where
prohibited.
Unless otherwise specified in an individual contest post, no person may enter
any contest more than once using multiple email addresses/user accounts.
By participating in any contest or sweepstakes offered on the Site, you release
Jeff Dunham, I Keel You, Inc., any related or affiliated entities, the Site,
its owners, principals, the sponsor of the contest/sweepstakes/giveaway and
all of their respective subsidiaries, affiliates, partners, employees, directors,
agents, advertising agencies, and all others associated with the development
and execution of any contest or sweepstakes, from any and against any and all
injury, loss, or damage caused or claimed to be caused by your participation
in the contest or sweepstakes and/or the acceptance, awarding, receipt, use
and/or misuse of the prize, and you agree that these entities are in no matter
responsible for any warranty, representation, or guarantee, expressed or implied,
in fact or in law, relating to the promotion and/or the awarding of any prize.
You hereby agree to hold Jeff Dunham, I Keel You, Inc., any related or affiliated
entities, the Site, its owners, principals, affiliates, subsidiaries, licensees,
sponsors and assigns harmless from and against, and hereby waive any right
to pursue, any claims of any nature arising in connection with the inclusion
in, publication via or display on the Site, or any other use authorized under
these Terms of Use, of any photo or information submitted to the Site by you.
Winners may not request substitutions of prize winnings. All winners are
solely responsible for any and all taxes and/or fees, and all such additional
costs that may be incurred in connection with the prize. If the specified
prize becomes unavailable due to unforeseen circumstances, we may choose in
our sole discretion to substitute a prize of like or equal value. We reserve
the right to alter any rules of any contest at anytime.
Links to Third Party Sites
The appearance of external hyperlinks on the Site does not constitute endorsement
by Jeff Dunham, I Keel You, Inc., any related or affiliated entities, the Site,
its owners, principals, subsidiaries, affiliates, licensees or assigns of the
opinions or views expressed by these third party websites and we do not verify,
endorse, or take responsibility for the accuracy, currency, completeness or
quality of the content contained at these sites. Furthermore, we are not responsible
for the quality or delivery of the products or services offered, accessed,
obtained by or advertised at such sites. As such, neither Jeff Dunham, I Keel
You, Inc., any related or affiliated entities, the Site nor its owners, principals,
subsidiaries, affiliates, licensees and assigns will be responsible for any
errors or omissions or for the results obtained from the use of such information
contained in these sites. Finally, Jeff Dunham, I Keel You, Inc., any related
or affiliated entities, the Site, its owners, principals, subsidiaries, affiliates,
licensees and assigns will under no circumstances be liable for any direct,
indirect, incidental or special loss or other damage arising from any matter
or occurrence whatsoever, including, but not limited to, whether arising from
negligence, breach of contract, defamation, infringement of copyright or other
intellectual property rights, caused by the exhibition, distribution or exploitation
of any information or content contained within these third party hyperlinked
sites.
Disclaimer and Limitation of Liability
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, TO THE FULLEST
EXTENT PERMITTED BY LAW, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. We are not responsible or liable for any infections or
contamination of your system, or delays, inaccuracies, errors, or omissions
arising out of your use of the Site or with respect to the information and
material contained on the Site. The entire risk as to the quality, accuracy,
adequacy, completeness, correctness and validity of any material rests with
you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JEFF DUNHAM,
I KEEL YOU, INC., ANY RELATED OR AFFILIATED ENTITIES, THIS SITE, ITS OWNERS,
PRINCIPALS, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL
NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE
WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE SITE OR ANY THIRD
PARTY.
Indemnification & Release
You agree to indemnify, defend, and hold Jeff Dunham, I Keel You, Inc., any
related or affiliated entities, this Site, its owners, principals, directors,
officers, employees, consultants, agents, and other representatives, licensees
and assigns harmless from and against, any and all claims, damages, losses,
costs (including reasonable attorneys’ fees), and other expenses that arise
directly or indirectly out of or from (a) your breach of this Agreement, (b)
any allegation that any content or materials you submit or transmit to this
Site, or to other websites, infringe or otherwise violate the copyright, trademark,
trade secret, or other intellectual property or other rights of any third party,
including but not limited to, rights of privacy or publicity or constitutes
libel, slander or defamation, and/or (c) your use of and activities in connection
with this Site. In addition, you irrevocably and unconditionally waive, release,
acquit and forever discharge Jeff Dunham, I Keel You, Inc., any affiliated
or related entities, and the Site (and its owners, principals, officers, directors,
agents, licensees, assigns, and employees) from all claims, demands and damages
(actual, consequential or otherwise) of every kind and nature, known and unknown,
arising out of, or in connection with your use of and activities in connection
with the Site. If you are a California resident, you hereby agree to waive
California Civil Code §1542 (or if you are not a California resident, any similar
law in your state of residence), which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
Termination
We reserve the right to deny access by any user to this Site or immediately
terminate your use of or access to the Site at any time for any reason or no
reason at all, including if we determine in our sole discretion that you have
breached this Agreement or any relevant law, rule or regulation or you have
engaged in conduct that we determine to be inappropriate or unacceptable.
Copyright Infringement
If you believe that any material contained on this Site infringes your rights,
including right of copyright or any other intellectual property rights, you
should notify the Site administrator at webteam@jeffdunham.com. We will process
notices of alleged infringement which we receive and, if required, take appropriate
action in accordance with the terms of the Digital Millennium Copyright Act
("DMCA").
Other
This Agreement shall be governed by and construed in accordance with the laws
of the State of California notwithstanding any conflict of laws provisions.
You irrevocably and unconditionally: (i) consent to submit to the exclusive
jurisdiction of the state and federal courts located in Los Angeles, California
(the “California Courts”) for any litigation or controversy arising out of
or relating to this Agreement, (ii) agree not to commence any litigation arising
out of or relating to this Agreement except in the California Courts, (iii)
agree not to plead or claim that such litigation brought therein has been brought
in an inconvenient forum, and (iv) waive any right you may have to a jury trial
and/or to take part in any class action lawsuits.
This Agreement contains the entire understanding of the parties regarding
the subject matter and supersedes all prior and contemporaneous agreements
and understandings between the parties regarding the subject matter.
