PLEASE READ THESE TERMS AND CONDITIONS (THE "TERMS") CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES OFFERED BY GRASSROUTES ENTERTAINMENT LIMITED (“PUNKANARY”, "WE", "US", "OUR" OR "THE COMPANY")
These terms were most recently updated on 4 February 2019.
Table of Contents
2. Subscription Terms
3. Terms for Comedy Creators
4. Terms for Users/Members
1. Summary of Service – How Punkanary works
Punkanary offers digital distribution for completed Comedy Shows by streaming such shows, available to Users for a subscription fee (as specified elsewhere in these Terms). All Users of the Website can take any kind of action allowed on the Website and as provided for by these Terms, including starting a Comedy Show, funding a Comedy Show, following a Comedy Show (or un-following), following other Users, and watching a movie or other audio-visual work. Users can donate to or watch audio-visual works and make payments directly with their credit or debit card through Paypal, and save their information to streamline future payments. Please refer to the Paypal Terms of Service.
We allow creators to raise money for their projects (“Comedy Shows”) using our donate tool. Fans can donate cash to a Comedy Show and/or can loan or gift items to the Creator. It is free to set up your own Comedy Show page.
Users that come to a Comedy Show page may become a follower of that Comedy Show by clicking the ‘follow button’ (“Fans”).
Successfully made Comedy Shows which are developed through our Production Studio may qualify for digital distribution and streaming on our video-on-demand channel, if a Creator can demonstrate that their Comedy Show has obtained five hundred Fans.
The Services make accessible various content, including, but not limited to, videos, movie trailers, completed films, audio-visual works, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, Comedy Shows, blog posts and other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Creators, Supporters and other visitors to and users of the Services (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.
These terms set out the legally binding terms for your use of our website at [www.Punkanary.com] (our Website), and all other websites operated by Punkanary that will redirect to www.punkanary.com, and any sub-domains (collectively our “Website”), and all services operated by us (together with the Website, the “Services”).
2. Subscription Terms
Certain content and materials are made available through the Site and Services, including the following:
"Channel" means our in-development subscription video-on-demand channel, scheduled to launch on or around the end of May 2019.
"Punkanary Content" means, collectively, the text, data, graphics, images, Punkanary trademarks and logos and other content (including Licensed Content) made available through the Site and Channel, excluding User Submissions.
"Licensed Content" means any content (including any audio or video content) provided to Punkanary by its third party content partners (which may include Punkanary Content) made available through the Site and Channel.
2.1. Punkanary Members (as defined below) may be able to access and/or purchase Punkanary Content through the Site or Services in a few different ways including: (i) Punkanary Members can pay a monthly membership fee to view certain Punkanary Content for the applicable time period ("Membership Fee"); or (ii) Punkanary Members may initially sign-up for an agreed free subscription period by making a onetime payment of five (5) pounds sterling ("Early Offer Payment"), and then convert such free period to a membership to view Punkanary Content via a Membership Fee.
2.2. PAYMENTS, OTHER THAN THE EARLY OFFER PAYMENT, ARE NONREFUNDABLE AND THERE ARE NO PRORATED REFUNDS OF ANY FEES UPON ANY TERMINATION OR CANCELLATION. Fees are refundable in Punkanary's sole discretion. You agree to immediately pay any amounts accrued, but remaining unpaid, as of termination (if any). You hereby authorise Punkanary to collect fees, including if applicable, the Early Offer Payment, by charging the payment card you provide to us as part of your subscription account information, either directly or indirectly via a third party online payment service, such as Stripe or PayPal ("Payment Method").
2.3. Your access to Punkanary Content may start with a free subscription period if you signed up for our early subscription offer (the "Subscription Offer"). The free trial period of your membership commences from the launch of our Channel and lasts for twelve (12) months, or as otherwise specified during your purchase of the Subscription Offer. For combinations with other offers, restrictions may apply. Punkanary reserves the right, in its absolute discretion, to determine your free subscription eligibility.
2.4. As an early adopter taking advantage of the Subscription Offer, you understand and acknowledge that you are backing an exciting new comedy start-up project and our Channel is still in development. While we are committed to delivering the Channel for the end of May 2019, you understand and acknowledge that there may be delays in the development and launch of the Channel. We will make efforts to notify you by email if there will be any delay in the Channel launch. In the event the Channel fails to launch by 31 December 2019, we may use our discretion to offer you a full refund of the Early Offer Payment, using the Payment Method you provided at purchase or from time to time.
2.5. We will begin billing your Payment Method for the monthly Membership Fee at the end of the relevant Subscription Offer period unless you cancel prior to the end of the free subscription period. We will make efforts to notify you that your Subscription Offer free trial period is ending or that the paying portion of your membership will begin. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel (see 2.10 and 2.11 below).
2.6. By starting your subscription membership and providing or designating a Payment Method, you authorise us to charge you a monthly Membership Fee at the then current rate, and any other charges you may incur in connection with your use of the Channel to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a channel or bundle, and you authorise us to charge your Payment Method for such varying amounts, which will be billed monthly in one or more charges.
2.9. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see below), you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
2.10.You may cancel your subscription membership at any time, and you will continue to have access to the Channel through the end of your monthly billing period. If you cancel your membership, your account will automatically close at the end of your current billing period.
2.11. You are able to cancel your Subscription Offer within fourteen (14) days of purchase and receive a full refund of the Early Offer Payment. Beyond this (14) day period, all Early Offer Payments are refundable in Punkanary's sole discretion.
3. USERS AND MEMBERSHIP
1. Eligibility and Registration
You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Punkanary reserves the right to require you to change your username for any reason and may do so at any time.
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Punkanary account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Punkanary account, whether or not you have authorized such activities or actions. You agree to immediately notify Punkanary of any unauthorized use of your username, password or Punkanary account.
You shall never use another User account without the other User’s express permission.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.by email details.
B. CREATORS - Rules relating to setting up a Comedy Show Page
1. Comedy Shows On The Production Studio
By setting up a Comedy Show you will have access to tools to find and build a dedicated audience for your show, raise budget funds to produce your Comedy Show and find collaborators. Additionally, you potentially have access to our support and network of "Experts" in producing your show and building an audience.
In order to set up a unique Production Studio for your Comedy Show, you need to submit an application by (i) reading and confirming your understanding of our eligibility criteria, and (ii) submitting details of your Comedy Show for our approval (“Application”). Our approval is based on information and responses you provided to the questions in the Application, including but not limited to, a clear reason why you are making the Comedy Show, suitability as to format and content, an absence of pornography or excessively graphic violence, the absence of cat focused (or other pet focus) comedy, and a clear production schedule.
Approval or disapproval of a proposed Comedy Show is in the sole discretion of Punkanary, and we will incur no liability in connection with the approval or disapproval of any proposed Comedy Show, and you agree to and shall indemnify and hold Punkanary harmless for any and all liability and/or damage incurred by it resulting from such approval or disapproval.
Submission of a Comedy Show to our Production Studio is available only to individuals who are at least eighteen (18) years old. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age and have capacity to form a binding contract, and that all registration information you submit is accurate and truthful. Punkanary may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access and/or use the Services is revoked in those jurisdictions.
2. When a Comedy Show is Accepted
The Creator can add edit the campaign and add appropriate items to the Production Studio Page. A Creator must provide and maintain throughout the course of its Comedy Show a valid email address, so that Punkanary and Supporters can contact the Comedy Show Owner, and you hereby agree to receive emails from Company and be responsive to same.
A Creator cannot change the name of its Comedy Show without the approval of Punkanary.
Daily donation limits are set at GBP1000.
A Creator shall limit their video content uploads (either by embedding a link from a 3rd party site or by direct upload), to teaser or other promotional videos, interviews and/or behind the scenes clips. Subject to the prior approval of Punkanary, Creator is permitted to post no more than one episode of a completed Comedy Show Series on any one Comedy Show Page. Any entire episode posted on a Comedy Show Page shall be no longer than 4 minutes in length.
3. Comedy Show qualifying for screening
A "Fan" is defined as an individual user who clicks the "follow" button in order to support your Comedy Show and receive campaign updates. Each follower's account must be attached to a valid and verifiable email address that belong to the person named on the account.
Comedy Shows that attain no less than five hundred (500) registered Fans (the “Fan Target”), may qualify for screening on our Channel platform subject to entry into a separate VOD Screening Agreement to be entered between Punkanary and you. The Fan Target may be changed from time to time, and we shall make reasonable efforts to notify you of such change. At our sole discretion, we may, on a case by case basis, accept a Comedy Show that has not attained the Fan Target, and such Comedy Shows, together with any Comedy Show that attains the Fan Target are “Qualifying Comedy Shows”.
Qualifying Comedy Shows may be distributed on Punkanary’s channel platform or, at Punkanary’s sole election and subject to Creator’s agreement to all Company-required agreements, terms, and conditions, through one or more of Company’s distribution channels (including without limitation the revenue splits and payment terms associated therewith, which may differ from such terms as provided for herein, and may differ on a Project-by-Project basis).
If accepted to distribute on Punkanary, your Qualifying Comedy Show may be eligible to be included in a number of promotional categories, slates, or featured position on the Website. Inclusion in these is entirely at Punkanary’s discretion as the platform and curator; provided, however, that if selected for inclusion, you hereby agree that Punkanary may so include your Qualifying Comedy Show in any such promotions in Punkanary’s sole discretion.
Punkanary is able to distribute films through various channels including but not limited to: theaters, Cable VOD and online retail platforms such as iTunes. Distribution output deals must be mutually agreed upon by Punkanary and you, and are subject to one or more separate agreements. Revenue splits and payment terms vary from platform to platform, and are addressed in such separate agreement(s). Punkanary makes no guarantees or warranties about expected or actual revenue from these partner platforms.
4. Creator Rules
The following rules are applicable to Creators who agree to be bound by same, in addition to all other rules and regulations applicable to Users under these Terms:
For the avoidance of doubt, and notwithstanding anything to the contrary in these Terms, Creator (and not Company or any third party processing company with whom Company deals, including Paypal) shall be solely and ultimately responsible if any donation is disputed at any time.
If a dispute regarding a donation occurs and disputed funds have been transferred to creator, Punkanary will work with its third party processing company to settle the dispute with the card issuer. Creator will be notified that a dispute has been filed, and will reasonably assist Company by providing evidence to attempt to resolve the dispute in Creator’s favour. during the time when any dispute is ongoing,
Punkanary is not a guarantor of any donations made, and shall not be liable or held responsible for any failure of donation to be processed,
Creators may cancel or refund a Supporter’s donation at any time and for any reason. If a Creator cancels or refunds a Supporter’s donation, or cancels a Project after he or she has received the funds, the Creator must promptly and fully refund any money donated by any Supporters, including any fee deducted by Punkanary.
Punkanary is not obligated to refund its fee to a Supporter once funds have been released to the Creator.
Creators may designate a legal entity to which donations will be directed, and any such entity will be included in the definition of Creator as used herein. By providing the name of any such entity to Punkanary, you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the terms of this Agreement, that such entity is the legal entity responsible for the Project and accountable for the use of any funds raised for the Project on the Website, that any such use will be appropriate and at all times in accordance with these Terms of Service, and that you accept this Agreement on such entity's behalf.
Payment processing services for Creators on Punkanary are provided by Paypal and are subject to the Paypal Terms of Service (the “Paypal Terms”). By agreeing to these Terms or continuing to operate as a Creator on the Website, you agree to be bound by the Paypal Terms, as the same may be modified by Paypal from time to time; provided, however, that this Agreement shall govern if there is any discrepancy between this Agreement and the Paypal Terms. As a condition of Punkanary enabling payment processing services through Paypal, you agree to provide Punkanary accurate and complete information about you and (if applicable) your business, and you authorize Punkanary to share it and transaction information related to your use of the payment processing services provided by Stripe.
All donations paid to a Creator will constitute "Project Funding," and the Punkanary fee and all other Project Funding requirements will apply. Punkanary is not responsible for any error or omission in the payment information provided by a Creator.
Creators’ representations regarding their production schedule and distribution plan will be made in good faith and Creators will use commercially reasonable best efforts to ensure accuracy and maintenance of their proposed schedule. Creators agree to post periodic updates regarding the status of the Project, including any changes or delays in the production schedule or the delivery date of incentive awards.
If a Project is successfully funded using Punkanary’s platform and tools, Creator is required to produce the promised film, show or pitched project substantially as represented in their Project Profile on the Website. Failure to do so, however, shall not result in any liability to Punkanary, and Creator agrees to and shall be solely responsible for and indemnifies Punkanary against any and all damages resulting from such failure (including without limitation for reasonable attorneys’ fees and costs).
If a Project is successfully funded using Punkanary’s platform and tools, Creator agrees to and shall acknowledge Punkanary by including the Punkanary name and logo in the credits of the completed Project, in accordance with the specifications provided on the Website.
Creator shall have full responsibility for applicable taxes for all Project Funding paid under this Agreement, and for compliance with all applicable employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors.
Creator agrees to indemnify, defend and hold harmless Punkanary from any liability for, or assessment of, any claims or penalties with respect to withholding taxes or employment requirements, including any liability for, or assessment of, withholding taxes imposed on Punkanary by the relevant taxing authorities with respect to any Project Funding paid to you.
The Project Funding monies received by Creators may be taxable, and the Creator bears the responsibility to file income tax returns and to pay income tax on Project Funding if required. Punkanary makes no guarantee regarding the number or amount of donations, or the amount of any Project Funding payment to be made to you or the Project under this Agreement.
Punkanary reserves the right to cancel a donation at any time and for any reason. Punkanary reserves the right to reject, cancel, interrupt, remove, or suspend a Project at any time and for any reason. Punkanary is not liable for any damages as a result of any of the aforementioned actions.
Creators distributing on our Channel shall not distribute or post their completed film for viewing free of charge on the Internet or otherwise make their completed films available free of charge on the Internet.
By starting a Comedy Show and electing to invite donations, the Creator is offering the public the opportunity to enter into a contract with Creator to provide funding to the Project. By being a Supporter, the Supporter accepts that offer and a contract between the Creator and the Supporter is formed. Punkanary is not a party to that agreement between the Creator and the Supporter.
A "follower" is defined as an individual user who clicks the "follow" button in order to receive campaign updates. Each follower's account must be attached to a valid and verifiable email address that belong to the person named on the account.
The Website and Services may be used and accessed for lawful purposes only. Without limitation, you agree that you will not do any of the following while using or accessing the Website or Services:
A) Upload, post, submit or otherwise transmit: (i) any User Submissions to which you do not have the lawful right to copy, transmit and display (including any User Submissions that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submissions for which you do not have the consent or permission of each identifiable person in the User Submissions to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submissions that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
B) Upload, post, submit or otherwise transmit any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains any pornography, erotica, child pornography or child erotica, is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of Punkanary;
C) Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content;
D) Use any meta tags or other hidden text or metadata utilizing a Punkanary trademark or logo, URL or product name;
E) Upload, post, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
F) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Website or Services to send altered, deceptive or false source-identifying information;
G) Upload, post, submit or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Website;
H) Upload, post, submit or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
I) Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website, Services or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;
J) Attempt to probe, scan or test the vulnerability of any Punkanry system or network or breach or impair or circumvent any security or authentication measures protecting the Website or Services;
K) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services;
L) Attempt to access, search or meta-search the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Punkanary or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Website to determine how a website or web page ranks;
M) Collect or store personal data about other Users without their express permission;
N) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
O) Use the Website or Services in any manner not permitted by these Terms; or
P) Encourage or instruct any other individual to do any of the foregoing or to violate any provision of these Terms.
1. Supporting Creators Through Donations
Punkanary provides you the opportunity to make donations to any Comedy Show listed on our Production Studio. You can make donations to as many Comedy Shows as you choose, however no more than one donation may be made to a Comedy Show in one 24 hour period.
Punkanary is not responsible for any transaction in any way.
A Fan can make a donation of any amount (up to GBP1000).
Payment processing services for Creators on Punkanary are provided by Paypal and are subject to the Paypal Terms [Link]. By agreeing to these Terms or continuing to be a Fan on the Website, you agree to be bound by the Paypal Terms, as the same may be modified by Stripe from time to time; provided, however, that these Terms shall govern if there is any discrepancy between these Terms and the Stripe Services Agreement.
Donations are made at your sole risk and based on your sole discretion. You are solely responsible for determining whether a donation (or any portion thereof) is tax-deductible, and are advised to consult a tax professional; provided, however, that you fully understand and agree that your donation may very well not be tax-deductible and that Punkanary makes no such determination or provides any guidance whatsoever with respect to same.
A Creator is not required to grant a Fan’s request for a refund unless the Creator cancels the Comedy Show.
Making a donation does not:
a) give you any rights in or to that Comedy Show, including without limitation any ownership, control, equity, investment or distribution rights;
b) give you any rights to limit the ability of the Creator to solicit other funding for the Comedy Show, enter into contracts for the Comedy Show, allocate rights in or to the Comedy Show or direct the Comedy Show or Creator in any way; or
c) give you any rights to restrict or otherwise limit Punkanary's right to enter into agreements or business relationships relating to Comedy Show, or provide you any rights in and to Punkanary, the Website and/or the Services. The only rights provided to you upon making a donation are as specifically set forth herein and on the Website.
What happens when you donate to a Comedy Show/Become a Fan:
a) you will receive updates via email notification from the Creator;
b) the Comedy Show will appear under the “Donations” section of your User Dashboard; and
c) we may provide to the Creator each User ID and donation amount, as well as other details provided by the User in the User’s Profile such as links to social media profiles and location city.
2. Loans and Gifts of Goods and Services
Fans/Users can collaborate with Creators by loaning or gifting items for the aid of producing a Comedy Show such as props, costumes and film equipment. Such loans or gifts shall be made on the understanding that:
a) All loan and gift transactions are solely between the loaning or gifting User and the Creator;
b) Punkanary is not responsible for brokering a loan or gift transaction in any way, beyond enabling the User and Creator to collaborate via the Production Studio;
c) The loaning or gifting User agrees that it will loan or gift the item as represented by such User; and
d) We will not be liable for lost, stolen, destroyed or damaged items, or for loaned items that are otherwise not returned or returned in a condition other than as originally loaned. Any and all such liability shall remain solely with Creator, and Fan agrees not to seek remedies from Punkanary for any such damage or destruction.
D. NO TAX REPRESENTATIONS
We make no representations regarding the deductibility of any donation for tax purposes. Supporters are directed to consult their tax or legal advisor for more information.
We are not liable for any damages or loss incurred related to incentive donations, non-financial gifts/loans, the use of [Experts] or our Education Services, or any other use of the Services or Website. All dealings are solely between Users.
We are under no obligation to become involved in disputes between any Users, or between Users and any third party. This includes, but is not limited to, delivery of goods, services and donations, and any other terms, conditions, warranties, or representations associated with Comedy Shows on the Website. Punkanary does not oversee the performance or punctuality of Comedy Shows. We do not endorse any [User Submissions].
You release, indemnify, and hold Punkanary, its affiliated entities (including without limitation The Comedy Crowd Limited) and its and their respective officers, directors, owners, managers, employees, agents, contractors, legal representatives, successors and assigns harmless from any and all claims, damages, liabilities and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Services.
You acknowledge and agree that but for the foregoing release, indemnification and hold harmless, Punkanary would not agree to provide the Services to you and would immediately restrict you from being a User of the Services.
This section and all indemnification and related provisions in these Terms and any other agreement, terms, or conditions on the Website shall survive the termination of same and/or your termination of using the Services for any or no reason.
You agree to and shall defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, owners, managers, contractors, directors, suppliers, representatives and their respective successors and assigns from any and all liabilities, claims, damages and expenses, including reasonable legal costs and the advancement of same, incurred by any such releasee that arise from or relate to your use or misuse of, or access to, the Services, the Website, and/or Content, or otherwise from your User Submissions, any violation of the Terms of Service or other applicable agreements, terms and/or conditions, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
F. FEES AND PAYMENTS
Becoming a member and setting up a Comedy Show is free.
G. THIRD-PARTY SITES
The Services may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Those other websites are not under Punkanary's control, and you acknowledge that We are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with Punkanary. You further acknowledge and agree that We shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
Comedy Show Pitch videos, teaser videos, behind the scenes footage and other promotional video content in connection with your applicable Comedy Show are uploaded to your Comedy Show page with a YouTube link or Vimeo link. Users uploading any such [Content] to the Website or sharing video links from the Website acknowledge and agree that they are subject to and will abide by the terms, conditions and policies of YouTube available at www.youtube.com and/or Vimeo, available at https://vimeo.com/.
H. MOBILE SERVICES
The Services may include certain services that are available via a mobile device, including without limitation (i) the ability to upload Content to the Services via a mobile device, (ii) the ability to browse the Services and/or view streaming Content from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
I. CONTENT AND LICENSE
You agree that the Services contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
To the extent the Company is the owner of the Content only, the Company grants to each User of the Service a worldwide, revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use and as contemplated herein. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use solely in accordance with this Agreement is prohibited without prior written permission from the Company, or from the copyright holder if applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right or the terms of this Agreement.
J. INTELLECTUAL PROPERTY OF USERS
Punkanary will not have any ownership rights over your User Submissions.
You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to):
a) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, trade names, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
b) take whatever other action is required to perform and market the Service;
c) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
d) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
In addition, you represent and warrant to the Company the following:
a) You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
b) You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use such User Submissions solely for personal, non-commercial use as contemplated by this Agreement.
c) Your User Submissions do not and will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Punkanary all of the license rights granted herein.
d) You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Service.
e) The use or other exploitation of User Submissions by the Company and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
f) The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
g) You will be truthful and accurate in all information you provide to the Company.
h) All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that Content originated.
I)The Company will not be liable for any errors or omissions in any Content.
j)The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
k) All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
l) By providing information and/or Content, you hereby agree that Punkanary may use such information as it deems appropriate, and you understand and acknowledge that such information (and other information gathered by Punkanary with respect to same) may be used, aggregated and/or displayed by Punkanary as it determines in its sole discretion.
We have adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Punkanary also may terminate User accounts even based on a single infringement or otherwise in Punkanary’s sole and unfettered discretion. You understand and agree that to be included in certain distribution platforms provided by Company (in Company’s sole discretion in each instance), you may be required to agree to additional terms and conditions. The Company has no obligation to include any Project in any such distribution platforms.
K. COPYRIGHT NOTIFICATIONS
Punkanary will remove infringing materials if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Punkanary' in writing. Your notice must contain the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the Website, sufficient for us to locate the material;
d) your address, telephone number, and email address;
e) 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; and
f) a statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
g) If you believe that your work has been removed or disabled by mistake or misidentification, please notify us in writing. Your counter-notice must contain the following information:
h) a physical or electronic signature of the user of the Services;
i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
j) a statement, made in good faith, that the material was removed or disabled as a result of mistake or misidentification of the material; and
k) the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of England and Wales, and that the user will accept service of process from the person who provided notification or an agent of such person.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees earned by and/or paid to the Company are non-refundable. All provisions of the Terms of Service and any other agreement, term or condition on the Website or that you otherwise agree to that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, hold harmless clauses, and/or limitations of liability.
M. WARRANTY DISCLAIMER
The Company has no special relationship with or fiduciary duty to you of any kind whatsoever and specifically disclaims any such duties. You acknowledge that the Company has no duty to take any action regarding any of the following: (i) which Users gain access to the Website; (ii) what Content Users access through the Website; (iii) what effects the Content may have on Users; (iv) how Users may interpret or use the Content; or (v) what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their Comedy Shows.
You release the Company from all liability for your having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Website, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Services.
The Services are provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. your use of the Service is solely at your own risk. Some countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
No securities or equity investments may be sold through Punkanary, and Punkanary does not authorize the offering, sale or purchase of securities or equity investments through the Website and/or Service.
N. LIMITATION OF LIABILITY
In no event shall the company, its affiliates, nor its or their respective directors, managers, shareholders, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) GBP10,000. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
O. INTERNATIONAL ACCESS
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from any such location(s), you do so at your own initiative and are responsible for compliance with local laws.