Terms and Conditions

1. ACCEPTANCE OF TERMS

WitStream, LLC ("WitStream™," "we," "us," or "our") welcomes you. We're excited that you have decided to access the witstream.com website (the "Website"). WitStream™ provides its services to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the services ("Services"), including all content available through the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of WitStream™'s Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement."). If you do not agree to any of these terms, then please do not use the Website.

2. COMMUNITY GUIDELINES

WitStream™ community, like any community, functions best when its people follow a few simple rules. By using and/or visiting the Website, you hereby agree to comply with these community rules and that:

  • You will not use the Website for any unlawful purpose;
  • You will not upload, post, e-mail, transmit or otherwise make available any content that:
    • infringes any copyright, trademark, or other proprietary rights of any person or entity; or
    • is threatening, tortious, defamatory, libelous, or invasive of another's privacy;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not "stalk" or otherwise harass another; and
  • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password mining, or any other means.

Please be aware that the majority of the content found on or through Website is for general audiences, but there may be certain adult or mature content. Accordingly, individuals who are less than 13 years of age should not use the Website.

We reserve the right, in our sole discretion, to deny you access to the Website, or any portion of the Website, without notice.

3. DESCRIPTION OF SERVICE

WitStream™ is a social network and micro-blogging platform that gives member comedians (a.k.a. "Aristocrats") an exclusive playground, and Visitors and Subscribers a place to read the most entertaining updates on their computers and smartphones for free.

WitStream™ provides Aristocrats, Subscribers, and Visitors with access to the Website as described in this Agreement.

Visitors. No login is required for Visitors. Visitors to the Website can (a) view all publicly-accessible content, including all micro-blogs, articles, and discussion groups; and (b) contact WitStream™.

Subscribers. Login is required for all Subscriber services. Subscribers can (a) view all publicly-accessible content, including all micro-blogs, articles, and discussion groups; (b) create and edit their personal profile; (c) sort and manage micro-blogs and discussion groups; (c) sign up for alerts and other notifications; (d) send comments (the "Subscriber Content") to Aristocrats, who may post those comments publicly; and (e) contact WitStream™.

Aristocrats. Login is required for all Aristocrats. In addition to all the cool things that Subscribers can do, Aristocrats can also (a) submit, post, upload, and display comments, text, information, graphics, images, photos, profiles, audio and video clips, links, and other materials (collectively "Aristocrat Content") to the Website; and (b) communicate among other Aristocrats. Although we encourage Aristocrats to submit Aristocrat Content, we do not want Aristocrats to, and Aristocrats should not, send us or post any Aristocrat Content that contains confidential information.

WitStream™ is under no obligation to accept any individual as a Subscriber or Aristocrat, and may accept or reject any registration in its sole and complete discretion.

4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS

During the registration process for Aristocrats and Subscribers, we will ask you to create an account, which includes a unique sign-in name ("Sign-In Name"), password ("Password"), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Aristocrat or Subscriber. You are solely responsible for the confidentiality and use of your Sign-In Name, Password and Unique Identifiers, as well as for any use, misuse or communications entered through the Website using one or more of them. You will promptly inform WitStream™ of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. WitStream™ reserves the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. WitStream™ will not be liable for any loss or damage caused by any unauthorized use of your account.

5. WITSTREAM™ CONTENT AND INTELLECTUAL PROPERTY

The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of WitStream™ (collectively referred to as the "WitStream™ Content"). The WitStream™ Content may be owned by us or by third parties. The WitStream™ Content is protected under both United States and foreign laws. Unauthorized use of the WitStream™ Content may violate copyright, trademark, and other laws. You have no rights in or to the WitStream™ Content, and you will not use the WitStream™ Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original WitStream™ Content on any copy you make of the WitStream™ Content. You may not sell, transfer, assign, license, sublicense, or modify the WitStream™ Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the WitStream™ Content in any way for any public or commercial purpose. The use or posting of the WitStream™ Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the WitStream™ Content and Website automatically terminates and you must immediately destroy any copies you have made of the WitStream™ Content.

The trademarks, service marks, and logos of WitStream™ (the "WitStream™ Trademarks") used and displayed on the Website are registered and unregistered trademarks or service marks of WitStream™, LLC. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with WitStream™ Trademarks, the "Trademarks"). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of WitStream™ Trademarks inures to WitStream™'s benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the WitStream™ Content for this Website may be retransmitted without our express, written consent for each and every instance.

6. ARISTOCRAT AND SUBSCRIBER CONTENT AND PUBLICITY

Aristocrats retain all copyrights and other intellectual property rights in and to their Aristocrat Content. Similarly, Subscribers retain all copyrights and other intellectual property rights in and to the Subscriber Content. Aristocrats and Subscribers do, however, grant us a non-exclusive, perpetual, royalty-free license to modify, copy, distribute, sublicense, and re-distribute any Aristocrat Content and Subscriber Content and the right, but not the obligation, to use such Aristocrat Content and Subscriber Content and the Aristocrat's and the Subscriber's Sign-In Name to advertise and promote the Website and/or WitStream™.

In addition, upon the request from an Aristocrat, WitStream™ shall use commercially reasonable efforts to (a) redirect Aristocrat Content to third-party sites requested by the Aristocrat, including other micro-blogging sites and social networking sites; and/or (b) retrieve content posted by Aristocrats on third-party sites and post it to the Website.

The Website makes it possible for Aristocrats to post Aristocrat Content on third-party websites. This use is accepted (and even encouraged). However, pages on such third-party websites that display Aristocrat Content must provide a link back to the Website.

7. NO WARRANTIES/LIMITATION OF LIABILITY

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF THE WEBSITE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE WEBSITE'S CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR ITS CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE WEBSITE'S CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. EXTERNAL SITES

The Website may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Member Content, WitStream™ Content, or Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

10. DIGITAL MILLENNIUM COPYRIGHT ACT

WitStream™ respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove Aristocrat Content or Subscriber Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Matthew Savare, Esq.
Lowenstein Sandler PC
65 Livingston Avenue
Roseland, New Jersey 07068
Tele: 973-597-2598
Fax: 973-597-2599
msavare@lowenstein.com

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

11. COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States. We make no claims concerning whether the Website content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

13. MISCELLANEOUS

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: "Intellectual Property," "No Warranties/Limitation of Liability," "Indemnification," "Termination of the Agreement," and "Miscellaneous."

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Assembled at WitStream™ is a group of hand selected writers, comedians, and all around brilliant humorists. So for hilarious commentary on all that's happening now, stop wondering who to follow.

We'll make sure it's only the good stuff.