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.

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